The Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on BreakFree Hosting’s website, this "AUP") of BREAKFREE COMMUNICATIONS, INC. ("BreakFree Hosting"), is designed to (i) protect BreakFree Hosting’s customers, users of BreakFree Hosting’s website, Products and Service, BreakFree Hosting Network and physical infrastructure and third parties, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of BreakFree Hosting’s website, BreakFree Hosting Network and physical infrastructure and (iv) regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by BreakFree Hosting, its website, BreakFree Hosting Network and its physical infrastructure ("BreakFree Hosting Services").

This AUP applies to each user that subscribes for BreakFree Hosting Services ("Customers"), all users of BreakFree Hosting Services and all users that access or utilize BreakFree Hosting’s website, BreakFree Hosting Network or its physical infrastructure, whether or not such users are customers of BreakFree Hosting, including the customers of our Customers ("Third Party Users"), and every server or network device that is under each User’s control and attached to BreakFree Hosting Network or physical infrastructure as a part of BreakFree Hosting Services (a "Server"). The term "User" as used in this AUP means both Customers and Third Party Users.

Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Customer or BreakFree Hosting. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.

This AUP does not (a) obligate BreakFree Hosting to monitor, review, or police the data and content residing on BreakFree Hosting Network or (b) create any obligation or duty of BreakFree Hosting to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, BreakFree Hosting is not likely to be aware of any violations of this AUP or any violations of law. BreakFree Hosting expects all Users to notify us of any violations of law or violations of this AUP. BREAKFREE HOSTING EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON BREAKFREE HOSTING NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

Users shall not allow the posting, transmission, or storage of data or content on or through BreakFree Hosting Services, BreakFree Hosting Network or its physical infrastructure which, in BreakFree Hosting’s sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process ("Applicable Law"). Users shall be responsible for determining which Applicable Laws are applicable to their use of BreakFree Hosting Services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this AUP or (b) "harvested" addresses or information, (c) "phishing" websites, or (d) "spamvertising" sites.

A User shall not knowingly host on its Servers, use BreakFree Hosting Services or transmit over BreakFree Hosting Network, any material believed by BreakFree Hosting to constitute child pornography. In addition to any other actions it may take under this AUP, BreakFree Hosting reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography or an alleged violation of Applicable Law.

Users must use reasonable care to ensure the security of each Server, BreakFree Hosting Network and its physical infrastructure. A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. BreakFree Hosting reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt BreakFree Hosting Network or any hardware objects on the network as a result of a security compromise.

Users are prohibited from engaging in any activities that BreakFree Hosting determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:

• Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
• Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
• Executing any form of network activity that will intercept data not intended for the Customer's server.
• Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
• Interfering with or denying service to any user, host, or network other than the Customer's host, such as a denial of service attack or distributed denial of service attack.
• Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
• Soliciting the performance of any illegal activity, even if the activity is not performed.
• Using any program, or sending messages of any kind, designed to interfere with or disable a user's terminal session.

Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, BreakFree Hosting Network or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. BreakFree Hosting has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998. For your convenience, information concerning procedures for making claims of copyright infringement for purposes of Title 17, Section 512, of the United States Code is contained at the Legal section of our website.

Users may not send unsolicited bulk messages over the Internet (i.e., "spamming") and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003.

Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins, including the actual e-mail and its headers, and provide such records to BreakFree Hosting upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, BreakFree Hosting will consider the mass mailing to be unsolicited.

Mailing Lists – Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections (including the actual e-mails and their headers) and provide such records to BreakFree Hosting upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, BreakFree Hosting will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

Other prohibited activities include, without limitation, the following:

• Use of BreakFree Hosting Network for the receipt of replies to unsolicited mass e-mail.
• Forgery of e-mail headers ("spoofing").
• Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
• Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
• Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising").
• Hosting web pages or providing services that support spam.
• Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
• Instructing others in any activity prohibited by this AUP.

Block Removal – If, as a result of a Customer’s actions, BreakFree Hosting’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, BreakFree Hosting shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.

BreakFree Hosting owns each IP address that it assigns to a Customer. A Customer shall not use IP addresses that were not assigned to it by BreakFree Hosting. BreakFree Hosting reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.

Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of "botnets" or the use of IRC BNC’s or other proxy and re-direction software. If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, BreakFree Hosting may null-route, filter, suspend, or terminate that Customer’s service.

Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup charter. BreakFree Hosting reserves the right to determine whether such posts violate the AUP.

Users will cooperate and comply with any civil or criminal investigation regarding use of BreakFree Hosting Services, BreakFree Hosting Network or its physical infrastructure or content located on its Servers or transmitted using BreakFree Hosting Services, BreakFree Hosting Network or its physical infrastructure, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an "Investigation"). BreakFree Hosting may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with BreakFree Hosting’s compliance with any Investigation. BreakFree Hosting reserves the right to comply with any Investigation without notice to a User. Customers shall not be entitled to a refund or any service credits, and BreakFree Hosting shall not be in default under any agreement for BreakFree Hosting Services, if its compliance with any Investigation causes a User to incur downtime or requires the sequestering of all or a portion of the Servers. BreakFree Hosting also reserves the right to disclose information relating to Users and their use of BreakFree Hosting Services, BreakFree Hosting Network or its physical infrastructure or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by BreakFree Hosting in its sole discretion.

BreakFree Hosting may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, BreakFree Hosting may:

• Disable access to a User’s content that violates this AUP.
• Suspend or Terminate a User’s access to BreakFree Hosting Services, BreakFree Hosting Network or its physical infrastructure.
• Remove DNS records from Servers.
• Block mail or any other network service.
• Effect IP address null routing.
• Take legal action against a User to enforce compliance with this AUP.

If there is a violation of this AUP direct the information to the Abuse Department at abuse@breakfreehosting.com.

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.

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. BreakFree Hosting may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings.
• Suspend the User's newsgroup posting privileges.
• Suspend the User's account.
• Terminate the User's account.
• Bill the User for administrative costs and/or reactivation charges.
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.

BreakFree Hosting reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server, BreakFree Hosting or its physical infrastructure.

• forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message;
• creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
• hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
• soliciting the performance of any illegal activity, even if the activity itself is not performed;
• threatening bodily harm, or encouraging bodily harm or property destruction;
• harassing another, or encouraging harassing behavior;
• engaging in outright fraud, or using services to engage in scams like pyramid schemes;
• collecting personal information about others without their knowledge or consent;
• instructing others in prohibited activities;
• using services to disseminate or display images classified under U.S. law as child pornography, child erotica (regardless of literary or artistic merit) and/or bestiality; and/or
• acting in any manner that might subject BreakFree Hosting to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect BreakFree Hosting’s public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.