WebValence Acceptable Use Policy

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Intent

WebValence strives to provide its customers with the highest quality Internet service, and to comply with standards that have been created both within the Internet community and by legislation. In order to fulfill the needs of our customers for reliable service, we as a responsible Company, have certain legal, ethical and operational obligations.

This Acceptable Use Policy (AUP) sets forth provisions of acceptable use of our host computers and services. Users of our services are required to comply with this policy and all applicable laws and regulations. Our intent is to prevent activities that are illegal, unethical or disruptive to the Internet experience of others.

At Our Discretion

For any of the activities described in the AUP, we reserve the right to take preventative or corrective action, at our discretion. The use of WebValence services by our customers constitutes an acceptance of the terms laid out in this AUP.

Right to Modify

WebValence reserves the right to modify this AUP from time to time, without notice. WebValence customers are encouraged to review this AUP for changes or new information.

Requirements

Each user is responsible for complying with this AUP, and for providing assistance to WebValence in investigating and resolving any issues related to this policy.

Customers will be held responsible for the actions of any third party acting on their behalf, and customers shall be held directly accountable for violations of this AUP by third parties who have been given access by a customer.

Configuration of Customer Computers

• All customer computers which connect to WebValence hosts shall be configured in accordance with industry standards, applicable laws and regulations, specifically to conform with approved "Request For Comments" standards documents which are published from time to time by the Internet Engineering Task Force (http://www.ietf.org/rfc.html).

• Customer computers connecting to WebValence hosts shall not be configured in any way which obscures system-identity information.

Customer Reporting Obligations

Customers of WebValence are responsible for reporting any issue which could compromise the stability, service, right of privacy, or security of any user or system connected to WebValence hosts. Customers are required to report any breaches of this AUP as soon as possible.

Prohibited Uses

Information below is meant to illustrate examples of inappropriate use.

Illegal Use

WebValence Hosts may only be used for lawful purposes. The transmission, distribution, or storage of any data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to material or data which:

• Infringes any copyright, trademark, trade secret, or other intellectual property right

• Violates export control laws or regulations

• Violates any party's confidentiality rights

• Invades the right of privacy of others

• Constitutes use or dissemination of pornography

• Is illegal or unlawful

Abuse

The following general actions are considered "abuse" and are strictly prohibited:

• Any conduct which is inconsistent with generally accepted norms and expectations of the Internet community (whether or not detailed in this AUP). WebValence reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations

• Using WebValence networks to transmit material that WebValence believes to be illegal, obscene, or inappropriate

• Forging of message headers or identity information, or taking any action with the intent of bypassing restrictions or limits on access to a specific service or site. This prohibition does not restrict the legitimate non-commercial use of pseudonymous or anonymous services

• Falsifying identity or contact information (whether given to WebValence, to a Registrar, or other parties)

Intellectual Property Violations

This includes, but is not limited to, copyright, trademark, service mark, trade secret, software and patent infringements. The procedure we will follow for copyright infringement is located in DMCA [Title 17 United States Code, Section 512(c)(3].

WebValence will respond to a copyright or trademark infringement, upon receipt of an official notice of a copyright violation, by (1) sending an email notice to the customer and (2) blocking access to customer content. A web site may be reactivated after corrective action has been taken by the customer.

Common instances leading to intellectual property violations involve the unauthorized use of pictures, framing another's website within your own without permission and using another's trademarks without their permission to promote competing goods or services. Trademark Infringement includes use of an identifying mark, word, phrase, color, picture or layout that could lead to a likelihood of confusion with the legitimate holder of a valid trade or service mark.

Harmful, Offensive and Controversial Activities or Information

If WebValence deems that activities or information are harmful, offensive or controversial to either WebValence, its customers, or third-parties, such that our customers, operations, reputation, goodwill or general customer relations could potentially be negatively impacted, one or more of the following actions will be taken.

• A warning email will be sent to the account holder.
• A request will be made to remove offending content.
• The hosting account will be deactivated.
• The hosting account will be deleted, such that all information is permanently and irretrievably removed from our servers, potentially without your knowledge or notice.
• Action is taken in accordance with our AUP, Service Agreement, or applicable law.
• We may notify the proper legal authorities.

Security

Users of WebValence networks must configure and operate their systems in a secure manner. Should a user's system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), and then fixing the exploited system. For instance, should the security of a customer computer be compromised to discover passwords or access information, the user is responsible for informing WebValence so that access passwords can be changed.

Users are prohibited from interfering or attempting to interfere with services (Denial of Service Attacks), whether intentionally or through neglect. The prevention of "unintentional attacks", such as infection and subsequent propagation of computer viruses, are the responsibility of every user: appropriate anti-virus software should be installed on every system which connects to WebValence hosts.

E-Mail

Users are prohibited from engaging in improper use or distribution of electronic mail (Email). Users are strictly prohibited from engaging in any of the following activities:

• Sending unsolicited mass or commercial Email (spamming) for any purpose whatsoever

• Having third parties send out commercial emails on any user's behalf. Using WebValence facilities to receive replies from unsolicited emails (commonly referred to as "drop-box" accounts)

Mass or commercial email may be sent only to recipients who have expressly requested receipt of such Emails, by the sending of an email request to the person performing the mass or commercial mailings or by signing a document at an in-person event.

In the absence of positive, verifiable proof to the contrary, WebValence considers complaints by recipients of Emails to be evidence that the recipient did not subscribe or otherwise request the Email(s) about which a complaint was generated.

Limits of Liability

For any claim related to the subject matter of this agreement, the customer’s exclusive remedy and WebValence’s entire liability for any cause, whether in contract, warranty, or in tort, shall be limited to the total amount paid by the customer to WebValence for those services provided, upon which the liability is based.

In no event shall WebValence be liable to customers or to any third party for any indirect, special, consequential, or incidental damages, including, but not limited to, damages for the loss of business profits, business interruption, loss of information, or failure to realize expected savings, even if WebValence has been advised of, or could have reasonably forseen, the possibility of such damages.

Please send questions, comments, or complaints regarding this AUP to: support@WebValence.com.

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