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Acceptable Use Policy

Version 2.0 (updated May 19, 2004)

INTRODUCTION.

NameSecure's core mission is to "enable everyone, everywhere to use the Internet with confidence." This Acceptable Use Policy serves that mission by encouraging the responsible use of NameSecure's services ("NameSecure Services") and by delineating the relatively narrow range of uses of specified NameSecure Services that are contrary to NameSecure's mission, generally because such uses either pose an unacceptable risk to the stability, integrity, or quality of NameSecure's systems or the systems of its vendors, or harm (or threaten to harm) the rights and interests of third parties. This Acceptable Use Policy supplements your Service Agreement with us. Uses of the NameSecure services described below are prohibited.

User Conduct, Prohibited or Unlawful Use
In order to maintain an informative and valuable service that meets the needs of the users of this site and NameSecure Services, the following rules have been established to protect against abuse. Use of this site or NameSecure Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, the NameSecure Services or any other party's use or enjoyment of this site or THE NameSecure Services, is strictly prohibited. Specifically, you may not:

Additionally, you may not, by use of any NameSecure Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in NameSecure's discretion:


E-MAIL SERVICES.

You are solely responsible for the content of your transmissions through NameSecure's e-mail service. You agree to comply with all applicable local, state, national and international laws and regulations regarding e-mail communications and use. You agree: (a) to comply with U.S. law regarding the transmission of technical data exported from the United States through the e-mail service; (b) not to use the e-mail service for illegal purposes; and (c) not to interfere with or disrupt networks connected to the e-mail service. Without limiting the foregoing, you agree NameSecure may terminate any e-mail account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. You agree not to transmit through the e-mail service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You agree not to interfere with another customer's use and enjoyment of the e-mail service or another entity's use and enjoyment of similar services.

You agree that NameSecure shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of the e-mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

NameSecure reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the NameSecure Network.

Your participation in online communication or use of any NameSecure service is not edited, censored or otherwise controlled by NameSecure. However, NameSecure reserves the right to monitor content on this site and any NameSecure Services and to remove content, disable sites, or suspend or terminate services if NameSecure, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

WEB SITE SERVICES.

You may not use the NameSecure One-Page Mini-Site Web site service ("NameSecure Web Site") for the activities listed below. In the event you violate this provision, your Agreement with NameSecure will immediately be terminated and you will no longer be able to use the NameSecure Web Site (or any component thereof). You are solely responsible for the content you include in your NameSecure Web Site. NameSecure cannot and does not design, review or screen content you provide in your NameSecure Web Site and does not assume any obligation to monitor such content. However, you agree that we may review your NameSecure Web Site in responding to a third party complaint or for any other reason. You may not use the NameSecure Web Site (or any component thereof) to display or otherwise use any material, content, software or information that contains any of the following: (a) material that violates local, state, federal or international laws; (b) any material that violates or infringes in any way the rights, including copyrights, trademark rights or other intellectual property rights of any third party; (c) hate propaganda; (d) fraudulent material or fraudulent activity; (e) any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate, all as determined by NameSecure at its sole discretion; (f) any material that promotes, encourages, or provides instructional information about illegal activities; (g) any software, information, or other material that contains a virus, "Trojan Horse," corrupted data; or (h) any software or information to promote or utilize software or any of NameSecure's services to deliver unsolicited e-mail.

You understand that we reserve the right to conclude that your NameSecure Web Site has content that is unsuitable in accordance with our standards, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if we provide other customers NameSecure Web Sites despite Web pages therein having the same or similar characteristics as your NameSecure Web Site. You also understand that by providing you the tools to create a NameSecure Web Site, NameSecure in no way endorses your NameSecure Web Site or deems your content to be suitable under the terms of this Agreement.

WEB FORWARDING.

You may not use the Web Forwarding service to forward Internet users to any Web site that, if such Web site were provided by NameSecure, would violate the provisions of this Acceptable Use Policy. In addition to the other limitations on use set forth herein, you may not use the Web Forwarding service for the activities listed below. In the event you violate this policy, the Service Agreement for the service will immediately be terminated and you will no longer be able to use the Web Forwarding service. You are solely responsible for the content you furnish for inclusion in any Web site to which you forward users. NameSecure cannot and does not design, review or screen content you provide in Web sites to which users are forwarded, and NameSecure does not assume any obligation to monitor such content. However, you agree that we may review any Web site to which users are forwarded through Web Forwarding in responding to a third party complaint or for any other reason. You may not use the Web Forwarding service to display or otherwise use (or forward users to any Web site that displays or uses) any material, content, software or information that contains any of the following: (a) material that violates local, state, federal or international laws; (b) any material that violates or infringes in any way the rights, including copyrights, trademark rights or other intellectual property rights of any third party; (c) hate propaganda; (d) fraudulent material or fraudulent activity; (e) any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate, all as determined by NameSecure at its sole discretion; (f) any material that promotes, encourages, or provides instructional information about illegal activities; (g) any software, information, or other material that contains a virus, "Trojan Horse," corrupted data; or (h) any software or information to promote or utilize software or any of NameSecure's services to deliver unsolicited e-mail.

You understand that we reserve the right to conclude that the Web Forwarding service is forwarding users to a Web site that has content that is unsuitable in accordance with our standards, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if we provide other customers Web Forwarding services that forward users to Web sites having the same or similar characteristics as the Web sites to which you are forwarding users. You also understand that by providing you the Web Forwarding service, NameSecure in no way endorses the Web sites to which you are forwarding users, nor does NameSecure deem the content of such Web sites to be suitable under the terms of this Acceptable Use Policy.

.BIZ DOMAIN NAMES.

You may access and use the Service for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to Your use of the Service. You agree that You will not (i) use the Service to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that You do not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use the Service; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which You are not authorized to claim such a relationship; (vi) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the Service.

DNS SERVICE MANAGER AND ZONE FILE CONTROL.

You shall not use the DNS Service Manager and/or Zone File Control service, nor shall you knowingly or recklessly permit others to use the DNS Service Manager and/or Zone File Control service: (a) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (b) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (c) so as to materially interfere with the use of NameSecure's network by other customers or authorized users; (d) in a manner that is inconsistent with NameSecure routing policies, provided you have notice of such policies or such policies are publicly available on NameSecure's Web site; (e) in violation of the applicable acceptable use policies of NameSecure's backbone providers, provided you have notice of such policies or such policies are publicly available on such backbone providers' Web sites; (f) to alter, tamper with, adjust, repair or circumvent any aspect of the DNS Service Manager and/or Zone File Control service provided by NameSecure; or (g) in a manner which, in NameSecure's opinion, is inconsistent with the generally accepted rules of Internet etiquette and conduct.

WEB HOSTING SERVICES.

Bandwidth and Disk Usage
You agree that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by you on the Order Form (the "Agreed Usage"). NameSecure will monitor your bandwidth and disk usage. NameSecure shall have the right to take corrective action if your bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in NameSecure's sole and absolute discretion. If NameSecure takes any corrective action under this section, you shall not be entitled to a refund of any fees paid in advance prior to such action.

CPU Usage
You agree that you will not use excessive amounts of CPU processing on any of NameSecure's servers. Any violation of this policy may result in corrective action by NameSecure, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in NameSecure's sole and absolute discretion. If NameSecure takes any corrective action under this section, you shall not be entitled to a refund of any fees paid in advance prior to such action.

Customer Conduct and Acceptable Use
You may only use your Web Hosting Services for lawful purposes. You may not transmit or store any information, software, data, file or material in any manner which may violate international, federal, state or local law or regulation or which fails comply with accepted Internet protocol. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. You may not export software or technical information in violation of U.S. export control laws.

You may not tamper with other accounts, commit unauthorized intrusion into any part of NameSecure's system or NameSecure's agents' systems, or use any of the provided machines, files, accounts, or networks to intrude without authorization into any other system.

You may not use Web Hosting Services, which are not included in your account, nor devise ways to circumvent security in order to access services you are not paying for. This includes, but is not limited to, the scanning of NameSecure's or other networks with intent to breach and/or evaluate security.

You may not use the Web Hosting Services in a manner that encumbers or utilizes disk space, processors or other system resources beyond those allowed by your specific type of Web Hosting Services package.

You may not make deliberate attempts to interfere with the services of others or any network, overload a service, or attempt to disable a host.

You may not use the Web Hosting Services for password cracking, defrauding others into releasing their passwords, denial-of-service attacks such as the sending of packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding or any other use of Internet services or systems unauthorized by their owner, whether or not the intrusion results in loss or corruption of data. You may not use programs, scripts, or commands, or send messages with the intent to interfere with a user's terminal session.

You may not use your Web Hosting Services, or the network to collect replies of messages sent from another provider which violate the rules of this Agreement or those of the originating provider.

NameSecure will, in our sole discretion, will determine whether or not your conduct is consistent with this Agreement and any NameSecure operating rules or policies and may suspend or terminate your Web Hosting Services if your conduct is found to be inconsistent with this Agreement or such rules or policies.

NameSecure's outsourcing contractors for the e-mail services shall be intended third party beneficiaries of the e-mail service customer's obligations under this Agreement and thus shall be entitled to enforce those obligations against you as if a party to this Agreement.

NameSecure assumes no responsibility, nor will it be held liable for any indirect, incidental, punitive, or consequential damages that result in any way from: use of your Web Hosting Services or the Internet or your inability to use your account or the service or the Internet; access to the Internet or any part thereof; or, your reliance on or use of information, services or merchandise provided on or through the service that result from mistakes, omissions, interruption, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance, even if it has been informed of their possibility.

Certain Internet services may contain language, pictures or other content which some individuals may find offensive, inflammatory or of an adult nature. NameSecure does not endorse such materials and disclaims any and all liability for such content. NameSecure exercises no control whatsoever over the content of the information passing through its network, nor does it have any control or knowledge as to the reliability, accuracy, authenticity or quality of such information. Access to information through the use of your Web Hosting Services is at your own risk. NameSecure does not control newsgroup content nor will NameSecure be responsible for postings or content provided by you.

NameSecure, from time to time, may provide links on its site to other websites that are not under its control. These links are provided for convenience only and are not intended as an endorsement by NameSecure of the organization or individual operating the website or as a warranty of any type regarding the website or the information on the website.

NameSecure will not be liable for any failure by you to receive email which is addressed to an account which has become disabled or cancelled for any reason, nor shall it have any obligation or responsibility for email sent to such accounts.

Any deliberate attempt to cause damage to NameSecure or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

In the event your use of the NameSecure Services has a negative effect on NameSecure or its network (including, without limitation, overloading servers on the NameSecure Network, then NameSecure reserves the right to terminate your services immediately.

VIOLATIONS.

NameSecure will be the sole arbiter as to what constitutes a violation of this provision. If NameSecure determines in its sole discretion that your conduct violates the terms of this Acceptable Use Policy, NameSecure may suspend, restrict, terminate, or take any other appropriate action with regard to your services without any obligation to refund fees paid. NameSecure reserves the right to take such actions without notice to you. You understand that we reserve the right to conclude that your conduct is in violation of the standards set forth in this Acceptable Use Policy, and we may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well founded, and even if our opinion or suspicion is proven not to be well founded. You agree that we, in responding to a third party complaint, reserve the right in our sole discretion to suspend or terminate the services subject to this Acceptable Use Policy without notice and with no obligation to refund fees paid.

MODIFICATIONS TO THIS ACCEPTABLE USE POLICY.

You agree that NameSecure, in its sole discretion, may modify this Acceptable Use Policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. Use of the NameSecure services after the posting period constitutes acceptance of the modification.