INTRODUCTION

This acceptable use policy (the “Policy”) defines acceptable practices for the use of 365 Data Centers services (the “Service”). By using the Service, you acknowledge that you and users that have gained access to the Service through your account (“Users”) are responsible for compliance with the Policy. You are responsible for violations of this Policy by any User that accesses the Services through your account. While it is not our intent to control or monitor online experience or the content of online communications, we may edit or remove content that we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful or offensive. The Policy applies to all aspects of the Service. “365 Data Centers” means 365 Data Centers, and all of its affiliates (including direct and indirect subsidiaries and parents). “365 Data Centers Network” includes, without limitation, 365 Data Centers’ constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such transmission network.

This Policy is designed to assist in protecting the 365 Data Centers Network, the Service, our Users and the Internet community as a whole from improper and/or illegal activity over the Internet. In situations where data communications are carried across networks of other Internet Service Providers (ISPs), Users of the 365 Data Centers Network must also conform to the applicable acceptable use policies of such other ISPs.

RIGHTS OF 365 DATA CENTERS

Suspension or Termination of Service If Users engage in conduct while using the Service that violates the Policy, or is otherwise illegal or improper, 365 Data Centers reserves the right to suspend and/or terminate the Service or the User’s access to the Service. 365 Data Centers will generally attempt to notify you of any activity in violation of the Policy and request that the User cease such activity; however, in cases where the operation of the 365 Data Centers Network is threatened or cases involving unsolicited commercial email/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend or terminate your Service or the User’s access to the Service without notification. In addition, we may take any other appropriate action against a User for violations of the Policy. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring using the Service and will have no liability to any party, including you, for any violation of the Policy. Cooperation with Investigations 365 Data Centers will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. 365 Data Centers reserves the right to disclose customer information to the extent authorized by federal or state law. In those instances, involving child pornography, 365 Data Centers complies with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies. Modifications to Policy 365 Data Centers reserves the right to modify this Policy at any time without notice. We will attempt to notify our customer of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site.

FILTERS

We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this Policy, including devices designed to filter or terminate access to the Service.

PROHIBITED USES / ACTIONS

Illegal Activity The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful; inappropriate and/or offensive communications or interactions with 365 Data Centers staff.

UNAUTHORIZED ACCESS / INTERFERENCE

A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the 365 Data Centers Network. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.

UNSOLICITED COMMERCIAL EMAIL / SPAMMING / MAIL BOMBING

A User may not use the Service to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient is prohibited. In addition, “spamming” or “mail bombing” is prohibited. Use of the service of another provider to send unsolicited commercial email, spam or mail bombs, to promote a site hosted on or connected to the 365 Data Centers Network, is similarly prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited e-mail messages.

SPOOFING / FRAUD

Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User’s identity in connection with use of the Service is prohibited.

USENET POSTINGS

All postings to USENET groups must comply with that group’s charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group’s charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited) is prohibited. Disrupting newsgroups with materials, postings or activities that are (as determined by 365 Data Centers in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup’s name, FAQ or charter.

WIRELESS EQUIPMENT

Colocation customers may not install cellular or wireless equipment/antennae on the 365 Data Centers premises without prior written permission from 365 Data Centers. Customer is responsible for removing unauthorized equipment installed in violation of this policy.

COMPLAINTS

365 Data Centers receives complaints directly from Internet users, through Internet organizations and through other parties. 365 Data Centers shall not be required to determine the validity of complaints received before taking action under this AUP.  A complaint from the recipient of commercial email, whether received directly or through an anti-spamming organization, shall be evidence that the message was unsolicited. 365 Data Centers has no obligation to forward the complaint to the User or to identify the complaining parties. The following activities are also prohibited:

Intentionally transmitting files containing a computer virus or corrupted data.

If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations. If a User is accessing the Service via a dial-up connection, we may terminate the user session if the User is connected for more than 7 days in order to protect 365 Data Centers Network resources and maintain Service availability for others.

Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of 365 Data Centers’ services.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to deliver unsolicited commercial email.

Any activity that disrupts, degrades, harms or threatens to harm the 365 Data Centers Network or the Service.

Any use of another party’s electronic mail server to relay email without express permission from such other party is prohibited.

Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in this Policy, may result in suspension or termination of the User’s access to or use of the Service.

This listing of prohibited activities is not exhaustive and 365 Data Centers reserves the right to determine that any conduct that is or could be harmful to the 365 Data Centers Network, 365 Data Centers’ customers or Internet users is in violation of this Policy and to exercise any or all of the remedies contained in this Policy.

RESPONSIBILITIES OF CUSTOMERS

Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. You agree immediately to notify 365 Data Centers of any unauthorized use of your account or any other breach of security known to you. If you become aware of any violation of this Policy by any person, including Users that have accessed the Service through your account, you are required to notify us.

IMPENDING SECURITY EVENT NOTIFICATION

All Users of the 365 Data Centers Network are responsible for notifying 365 Data Centers immediately if they become aware of an impending event that may negatively affect the 365 Data Centers Network.  This includes extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events.

Configuration All Users of the 365 Data Centers Network are responsible for configuring their own systems to provide the maximum possible accountability. 365 Data Centers shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by 365 Data Centers. For example, Users should ensure there are clear “path” lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, users should maintain logs of dynamically assigned IP addresses. Users of the 365 Data Centers Network are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a User’s site be violated, the user is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the user is responsible for re-configuring the system to stop the abuse.

COMPLAINTS

In most cases, we will notify our customer of complaints received by us regarding an alleged violation of this Policy. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. We may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications.

PRIVACY

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our Online Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as “secure.”

ADDITIONAL TERMS AND CONDITIONS

The use of the 365 Data Centers Network by a customer of 365 Data Centers is subject to the terms and conditions of any agreements entered into by such customer and 365 Data Centers. This Policy is incorporated into such agreements by reference.

COMPLAINTS AND CONTACT INFORMATION

Any complaints regarding prohibited use or other abuse of the 365 Data Centers Network, including violations of this Policy, should be sent to 365 Data Centers. Please include all applicable information that will assist 365 Data Centers in investigating the complaint, including all applicable headers of forwarded messages.

Sites experiencing live attacks from 365 Data Centers customers should call into our Customer Care Center (telephone 866-365-6246) to submit a complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention. If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to 365 Data Centers support.