One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that Hosture cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Hosture cannot monitor or censor the Internet, and will not attempt to do so,Hosture cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that Hosture does not review, edit, censor, or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Hosture's network and may reach a large number of people, including both customers and non-customers of Hosture, customers’ postings to the Internet may affect other customers and may harm Hosture's goodwill, business reputation, and operations. For these reasons, customers violate Hosture's Acceptable Use Policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

* Spamming - Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Hosture, but also because it can overload Hosture's network and disrupt service to Hosture's customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Hosture has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

* Intellectual Property Violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Hosture is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Hosture's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

* Obscene Speech or Materials - Using Hosture's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Hosture is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Hosture's network.

* Defamatory or Abusive Language - Using Hosture's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

* Forging of Headers - Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

* Illegal or Unauthorised Access to Other Computers or Networks - Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

* Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities - Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

* Facilitating a Violation of this AUP - Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

* Other Illegal Activities - Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

* Terrorism - Terrorism, or terrorism related sites, or sites linking to those, are not permitted on our servers.Hosture will co-operate with any law agencies seeking information pertaining to such websites and their administrators.

* Other Activities - Engaging in activities, whether lawful or unlawful, that Hosture determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer.Hosture will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with Hosture's Acceptable Use Policy or applicable law. When Hosture becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Hosture also is aware that many of its customers are, themselves, providers of Internet services, and that information reaching Hosture's facilities from those customers may have originated from a customer of the customer or from another third-party. Hosture does not require its customers who offer Internet services to monitor or censor transmissions or web sites created by customers of its customers. Hosture has the right to directly take action against a customer of a customer. Also, Hosture may take action against the Hosture customer because of activities of a customer of the customer, even though the action may effect other customers of the customer. Similarly, Hosture anticipates that customers who offer Internet services will co-operate with Hosture in any corrective or preventive action that Hosture deems necessary. Failure to co-operate with such corrective or preventive measures is a violation of Hosture's Acceptable Use Policy.

Hosture also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Hosture urges its customers to assume that all of their on-line communications are insecure. Hosture cannot take any responsibility for the security of information transmitted over Hosture's facilities.

Hosture will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. Hosture may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Hosture may disclose information, including but not limited to, information concerning a customer, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Hosture assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Hosture may disclose customer information or information transmitted over its network where necessary to protect Hosture and others from harm, or where such disclosure is necessary to the proper operation of the system.

Hosture expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate Hosture' Acceptable Use Policy. Finally, Hosture wishes to emphasise that in signing the service agreement, customers indemnify Hosture for any violation of the service agreement, law, or Hosture' Acceptable Use Policy, that results in loss to Hosture or the bringing of any claim against Hosture by any third-party. This means that if Hosture is sued because of a customer’s or customer of a customer’s activity, the customer will pay any damages awarded against Hosture, plus costs and reasonable legal fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Hosture and its customers, as responsible members of the Internet. Any complaints about a customer’s violation of this AUP should be sent in the first instance by email, to Hosture at hosture@hosture.com.

Hosture
ACCEPTABLE USE POLICY
Last revised: 7th June 2002