Purpose and Scope - The policies set forth in the Acceptable Use Policy are, in part, to help protect Peak 10, Inc. (Peak 10) customers from the consequences of malicious users or attacks on the Peak 10 resources. When a customer is a victim of Internet abuse, Peak 10 will do what we can to help them direct their complaint to the proper reporting agency or initiator within a Peak 10 Data Center. If the complaint is against a Peak 10 customer we will take appropriate action in accordance with the policies set forth in this document.

General Conduct - The Peak 10 network must be used in a manner that is consistent with the intended purpose of the Peak 10 network and may be used only for lawful purposes. Customers shall not use the Peak 10 network in order to transmit, distribute or store material that is: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (2) that may expose Peak 10 to criminal or civil liability. Customers are further prohibited from assisting any other person in violating any part of this Policy.

Responsibility for Content - Peak 10 takes no responsibility for any material created or accessible on or through the Peak 10 network. Peak 10 is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Peak 10 becomes aware that any such material may violate this Policy and/or expose Peak 10 to civil or criminal liability, Peak 10 reserves the right to block access to such material and suspend or terminate any Customer creating, storing or disseminating such material. Peak 10 further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Customer that Peak 10 deems responsible for the wrongdoing.

Inappropriate Content - Customers shall not use the Peak 10 network to transmit, distribute or store material that is inappropriate, as reasonably determined by Peak 10. Without limiting the general application of this rule, Users may not:

• Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
  
• Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
  
• Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
  
• Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
  
• Utilize the Services in any manner that violates applicable law.
  

Intellectual Property - Material accessible through the Peak 10 network may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Customers shall not use the Peak 10 network in any manner that would infringe, violate, dilute or misappropriate any such rights. If you use a domain name in connection with any of the Peak 10 network, you must not use that domain name in violation of the trademark, service mark, or similar rights of any third party.

Harmful Content - Customers shall not use the Peak 10 network to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Peak 10 network, any other network or equipment, or other Users.

Fraudulent/Misleading Content - Customers shall not use the Peak 10 network to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Customers are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Unsolicited Messages - Customers may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"), including, without limitation, actions such as using an e-mail account on Peak 10's network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the Peak 10 network. In addition, Customers may not use the Peak 10 network in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. An e-mail message will be considered unsolicited if it is sent to a recipient (1) who has not expressly requested or invited it; (2) with whom the sender does not have an existing business or personal relationship; or (3) who has requested that the sender not send them any further messages. For more information regarding policy on Electronic Mail see Peak-10 Acceptable Use Policy on Electronic Mail.

Third Party Rules; Usenet - Customers may have access through the Peak 10 network to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Customers must adhere to any such rules, guidelines, or agreements. Customers who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Customers may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet spam"), (b) cancel or supersede posts not originally posted by such Customer, unless such Customer does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

System and Network Security - Customers are prohibited from violating or attempting to violate the security of the Peak 10 network, including, without limitation, (a) accessing data not intended for such Customer or logging into a server or account which such Customer is not authorized to access, (b) impersonating Peak 10 personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such Customer is not entitled, or (g) attempting to utilize another User's account name or persona without authorization from that User. Customers are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Peak 10 services. Violations of system or network security may result in civil or criminal liability. Peak 10 will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations.

Suspension and Termination of Service - Any Customer which Peak 10 determines to have violated any element of this Acceptable Use Policy may be subject to a suspension or termination of service, and if Peak 10 deems it necessary, immediate suspension or termination of such Customer's service in accordance with the Customer’s Master Service Agreement. Peak 10 may take such further action as Peak 10 determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Peak 10 shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Peak 10's exercise of its rights under this Acceptable Use Policy.

Peak 10 reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when posted to Peak 10’s Web site or provided to the Customer directly.