This Acceptable Use Policy ("AUP") defines certain prohibited uses of the OutServ.net network and related Internet services including, but not limited to, Internet data center collocation and hosting services. This AUP applies both to OutServ.net Customers and to their employees, representatives, customers, and others that may utilize the OutServ.net network through the Customer (collectively "Users"). Customers may not through action or inaction permit others to use the OutServ.net network for illegal or inappropriate actions, or to violate the terms of this AUP.

OutServ.net does not control, verify, warrant, approve, edit, censor, review, or take any responsibility for the information that Users may acquire, transmit or store through the Internet. Accordingly, OutServ.net is not responsible for injury that results from inaccurate, unsuitable, offensive or illegal Internet communications. Customers are responsible for compliance with all laws and regulations, as well as the applicable policies of OutServ.net and any network providers that OutServ.net utilizes to provide these services. If, however, OutServ.net becomes aware of any violation of law or this Acceptable Use Policy by or through a Customer, OutServ.net shall have the right, but not the obligation, without liability to Customer, to take any action to remedy such violation. Such actions may include, without limitation, removal of the information at issue, blocking of offending transmissions, suspension or termination of a Customer's Service(s), and any other remedy available to OutServ.net by contract or law.

ILLEGAL OR IMPROPER USE

Users may use the OutServ.net network for lawful purposes only. Users shall not use the OutServ.net network to post or transmit any (i) unlawful, threatening, abusive, libelous, defamatory, obscene, or otherwise offensive information, or (ii) any information that would infringe upon the copyright, trademark, trade secret or other intellectual property rights of others.

UNAUTHORIZED ACCESS

Customers may not access, attempt to access, monitor, probe, or interfere with computers, accounts, or networks belonging to a third party without proper authorization. Prohibited activities include, but are not limited to, "hacking," the distribution of viruses, or participation in "denial of service" attacks.

EMAIL OR NEWSGROUP ABUSE

Customers may not engage in abusive email tactics or send unsolicited bulk email, a process commonly known as "spamming," which includes, but is not limited to, the following types of conduct:

(a) Transmitting data in any manner that violates a State or Federal law, rule or regulation against spamming or other prohibited communications, regardless of how such law defines spamming or other such prohibited activity.

(b) Posting a single article or substantially similar articles to an excessive number of newsgroups, or continued posting of articles that are off-topic (e.g., off-topic according to the newsgroup charter, or the article provokes complaints from the regular readers of the newsgroup for being off-topic).

(c) Sending unsolicited email messages that provoke complaints from the recipients, which threaten harm to person or property, or which result in harassment of the recipient.

(d) Sending unsolicited email messages including, without limitation, commercial advertising, informational announcements, chain letters, or other solicitations.

(e) Use of resources not belonging to the Customer, without the express permission of the resource owner, to relay email or other internet traffic.

(f) Falsifying or forging email or newsgroup header information.

COOPERATION WITH OUTSERV.NET AND AUTHORITIES

OutServ.net will cooperate with law enforcement and other authorities in investigating claims of illegal activity or suspected illegal activity. In addition, the Customer shall cooperate with OutServ.net in any corrective action that OutServ.net deems necessary to correct and prevent impermissible use of the OutServ.net network by any of the Customer's end users, including without limitation, providing OutServ.net with all information necessary to investigate the suspected violation.. In addition, OutServ.net may disclose information transmitted over its facilities where necessary to protect OutServ.net and its customers from harm, or where such disclosure is necessary to the proper operation of the OutServ.net network.

Reporting Violations of this Policy

To report possible violations of this AUP, please contact abuse@outserv.net.

If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

Revisions to this Policy

OutServ.net reserves the right to modify this policy at any time, as it deems appropriate in its sole discretion, effective upon posting of the modified Policy at this URL: http://www.outserv.net/terms/.