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Acceptable Use Policy

This HostingCity, Inc. ("HC") Acceptable Use Policy (AUP) is designed to help protect our Customers, and the Internet community, from irresponsible or illegal activities. As good net citizens, we prohibit the impersonation of others, unsolicited commercial appeals, and any disruption of Internet services. We consider these things common sense. Our Acceptable Use Policy is designed to promote the responsible and constructive use of the Internet. Persons obtaining contracted services, including but not limited to Internet access, through HC agree to the following terms governing Internet usage and understand that failure to adhere to this AUP may result in immediate termination of contracted services by HC.

1. No Responsibility for Content
HC has no responsibility for the content that any Customers access through contracted services and does not guarantee the accuracy, integrity or quality of such content.

2. Privacy & Security
Customers are responsible for the security of their password(s) and the use of the services provided by HC for their account (with or without the consent or knowledge of the Customer). Customers will keep their password(s) confidential. Customers agree that the use of or connection to the Internet is inherently insecure and provides opportunity for unauthorized access by a third party to a Customer's computer systems, networks, and any and all information stored therein. HC shall not be responsible for any adverse consequences whatsoever arising from a Customer's connection to or use of the Internet.

3. Appropriate Use
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly or privately transmitted, are the sole responsibility of the person from which such Content originated. Customer is solely responsible for all Content that Customer uploads, posts, e-mails or otherwise transmits via the contracted service(s). Customer acknowledges that in using the contracted service(s), the Customer may be exposed to Content that is offensive, indecent or objectionable. HC shall have no responsibility or liability whatsoever for any Content, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the contracted service(s).

Customers using functionality provided by HC shall not use or allow the use of services or Internet access provided by HC (Services) for illegal or improper purposes or in an illegal or improper manner. This includes, without limitation, actions described below, which would be deemed unacceptable conduct under this AUP.

a) Any activities which adversely affect the ability of other people or systems to use HC services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user.

b) Engaging in hacking, port scanning or any other attempt, whether successful or unsuccessful, to gain unauthorized access to any computer system, network or other entities' data.

c) Sending unsolicited commercial e-mail (Spam) or large volumes of unsolicited e-mail. Using an HC e-mail or website address to collect responses from unsolicited commercial email is also prohibited.

d) Transmitting content that is unlawful, abusive, profane, libelous, slanderous, obscene, threatening, defamatory, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable.

e) Unauthorized copying or transmission of copyrighted, trademarked, or other proprietary material.

f) Intentional or unintentional propagation of computer worms or viruses.

g) Unlawfully collecting or storing personal data about other users.

h) Adding, removing, or modifying identifying network header information (a.k.a. "spoofing") in an effort to deceive or mislead.

4. Excessive bandwidth or disk utilization
If excessive bandwidth or disk space utilization is determined by HC to adversely affect our ability to provide service, immediate action will be taken. The account owner will be notified by e-mail as soon as practicable to immediately limit its use. In the alternative, the account owner may agree with HC on a more appropriate service arrangement to handle the increased use.

5. Indemnification
Customers shall indemnify and hold HC and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to or arising from:

a) any material violation of the AUP that remains uncured during the applicable grace period, if any, b) any violation of the AUP by Customer or those who access services through Customer's account, c) claims of infringement or unlawful use of any third party software used by Customer 's account or d) claims of third parties relating to the use of services through Customer's account, including without limitation liabilities resulting from electronic commerce conducted through Customer's account and the placement or transmission of any message, information, software, audio files or other materials on the Internet.

6. Termination
HC may, without notice to Customer, terminate Customer's access to the contracted services if HC believes that Customer has violated HC's Acceptable Use Policy or acted inconsistently with the letter or spirit of HC's Acceptable Use Policy. Customer also agrees that HC shall not be liable to you or any third-party for any termination of Customer's access to the contracted services.

7. Miscellaneous
If any provision of HC's Acceptable Use Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of HC's Acceptable Use Policy shall remain in full force and effect. The section titles in this Acceptable Use Policy are for convenience only and have no legal or contractual effect. HC may amend, supplement or revise this Acceptable Use Policy from time to time. If HC does amend, supplement or revise this Acceptable Use Policy, it is HC's responsibility to notify Customers of the update.

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