HOSTING ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) describes activities prohibited on Nexigen Hosting Services (“Services”) for the protection of Nexigen and its Representatives, Services, network and other Clients. Questions regarding this policy should be directed to help@nexigen.com.

1. ABUSE GENERALLY. Client shall not use the Services or any related software, system, or network to engage in, foster, solicit or promote illegal, or irresponsible behavior including:
   1. conduct likely to breach any laws, codes, or regulations applicable to the parties (including conduct infringing or misappropriating intellectual property, or confidential or proprietary information; or which is fraudulent, unfair, deceptive or defamatory);
   2. unauthorized access to, monitoring or use of, or interference with an internet account, computer, systems, networks, data or traffic;
   3. intentionally, knowingly or recklessly introducing any malicious code into the Services;
   4. conduct violating rules and conventions of any domain registrar, email service, bulletin board, chat group, or forum used in conjunction with Nexigen Hosting Services or network (including using false, misleading or deceptive TCP-IP packet header information in an email or newsgroup posting);
   5. deceitfully collecting, transmitting or using information, or distributing software which covertly gathers or transmits information about a user;
   6. distributing advertisement delivery software unless the user affirmatively consents to download and installation based on clear and conspicuous notice of the nature of the software, and can easily remove software using standard tools included on major operating systems;
   7. conduct likely to result in retaliation or adverse action against Nexigen or its services, network, website or Representatives (including resulting in listing of Nexigen IP space on an abuse database);
   8. conduct which breaches Client’s security obligations, or any activity in connection with the Services that may expose Nexigen to a security vulnerability;
   9. conduct intended to withhold or cloak identity or contact information, registering to use Services under a false name, or using an invalid or unauthorized credit card in connection with Services;
   10. gambling activity violating any applicable codes of practice, required licenses, or technical standards;
   11. use of any Nexigen provided shared system in a way that unnecessarily interferes with the normal operation of the shared system, or consumes a disproportionate share of system resources; and
   12. conduct creating a risk to safety or health, national security or law enforcement.

2. OFFENSIVE BEHAVIOR. Client shall not be abusive or offensive to Nexigen Representatives. Client shall not publish, transmit or store on or via the Services content or links to content that Nexigen reasonably believes relates in any manner to child pornography, bestiality, non-consensual sex acts, or live sex acts; or is excessively violent, incites or threatens violence, contains harassing content or hate speech, violates a person’s privacy, is malicious or morally repugnant.
3. NO HIGH RISK USE. Client may only use the Services for commercial purposes; and Client shall not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage (including in connection with aircraft or other modes of human mass transportation, or nuclear or chemical facilities).
4. MAIL REQUIREMENTS. For bulk or commercial email sent by or on behalf of Client using the Services or from any network that directly or indirectly refers recipients to a site hosted using the Services (including using third party distribution lists), Client shall:
   1. post a privacy policy for each associated domain;
   2. post an email address for complaints in a conspicuous place on any associated website, and promptly respond to messages sent to that address;
   3. obtain affirmative consent to receive e-mail from intended recipients using reasonable means to verify ownership of the e-mail address, honor and notify recipients of consent revocation, and evidence consent within 72 hours of recipient or Nexigen request; and
   4. include the recipient’s e-mail address in the e-mail body or “TO” line.
5. VULNERABILITY TESTING. Client shall not attempt to test the vulnerability of a Nexigen system or network including those provided in connection with the Services, or attempt to breach security measures, of said system or network by any means. Notwithstanding the foregoing, Client may conduct vulnerability testing of their Hosted System with Nexigen’s prior written consent.
6. EXPORT CONTROL. Client shall ensure Services are not used in breach of export laws, controls, regulations or sanction policies of the United States or Client’s applicable jurisdiction. Client shall ensure Services are not used by any person or entity suspected of involvement or affiliation with those involved in activities or causes relating to: human trafficking; illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical, or biological weapons, weapons of mass destruction, or missiles.
7. COOPERATION WITH INVESTIGATIONS AND PROCEEDINGS. Client agrees Nexigen may permit a relevant authority to inspect Client’s content or traffic if Nexigen is legally required to do so, provided Nexigen gives Client reasonable prior notice (where permitted by applicable law and regulation). Nexigen may report to appropriate authorities any Client conduct Nexigen believes violates applicable law, without notice to Client (including providing any information about Client, its users, or traffic). Nexigen may cooperate in response to a formal request from a law enforcement or regulatory agency investigating conduct Nexigen believes violates applicable law, or in a civil action that on its face meets the requirements for such a request. Client shall cooperate with Nexigen’s reasonable investigation and resolution of any suspected breach of the Agreement.
8. CHANGES TO AUP. Nexigen may amend the AUP by publishing a revised version at nexigen.com/legal/, or in the event of a material adverse AUP change by providing Client at least 30 days prior written notice. The revised AUP shall become effective as to Client on the first to occur of: (i) Client’s execution of a new Service Order or agreement incorporating the revised AUP or (ii) the first day of an agreement renewal term beginning at least 30 days after revised AUP publication, or (iii) expiry of written notice provided pursuant to this section.
9. AUP BREACH. If Client breaches the AUP (including unintentionally, resulting from Client’s failure to use reasonable security precautions, or as a result of activity occurring without Client authorization) Nexigen may block any content or traffic, may be relieved of its obligation to provide all or a portion of the Services, suspend the Services, or terminate the Services in accordance with the Agreement, at its election. No credit shall be available under any Service Level Agreement for interruptions of Services resulting from an AUP breach. Client’s use of the Services to assist another entity in an activity that would breach this AUP if performed by Client is an AUP breach.

Acceptance of Terms

The services that Nexigen provides to you are subject to the following Terms of Service (“TOS”). Usage of services provided by Nexigen, including this web site, constitutes your acceptance of these Terms of Service as well as the Acceptable Use Policy. Nexigen reserves the right to update the TOS at any time without notice to you. The most current version of the TOS can be reviewed by clicking on the “Terms of Service” hypertext link located under the “Legal” link in the “Company” section of our web pages.

Links to Third Party Sites

The Nexigen web site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under control of Nexigen and Nexigen is not responsible for the contents of any Linked Site, including without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. Nexigen is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nexigen of the site or any association with its operators.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Nexigen immediately of any unauthorized use of your account or any other breach of security. Nexigen will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Nexigen or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Trademarks

Nexigen, rDesk, nVault, RedLine and/or other Nexigen products referenced herein are either registered trademarks or trademarks of Nexigen Communications, L.L.C. in the U.S. and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Nexigen’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.