Company
Acceptable Use Policy

This Section defines the Acceptable Use Policies ("AUP") for the services of TierPoint, LLC ("TierPoint") including all and any trade names. These policies are designed to ensure the integrity, security, reliability, and privacy of both TierPoint customers and users of the Internet in general. TierPoint reserves the right to amend these policies without prior notice or consent.

1. Prohibited Activities. The following are prohibited activities ("Prohibited Activities") with your knowledge, without your knowledge, incidental, or malicious, when using the services of TierPoint, LLC including all trade names owned and operated by TierPoint:

• violating TierPoint’s acceptable use policies of remote networks, machines, or services accessed through TierPoint's network;
• infringing upon the intellectual property rights, including but not limited to copyrights, trademarks, patents, or trade secrets, of TierPoint or others (see Online Copyright Infringement Liability Limitation Act (OCILLA) policy);
• engaging in deceptive online marketing practices or schemes including, without limitation, practices that violate United States Federal Trade Commission guidelines (e.g., "phishing");
• attempting to interfere with, degrade, or deny service to any user or host (e.g. denial of service attacks);
• introducing malicious programs with or without your knowledge into a network or server (e.g. viruses, worms, Trojan horses, etc.);
• breaching or attempting to breach security, including but not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access;
• attempting to circumvent authentication or security of any host, network, or account (e.g., "cracking");
• scanning or monitoring the networks of others without permission;
• sending, posting or hosting harassing, abusive, threatening, defamatory, or otherwise unlawful materials;
• intentionally forging Internet protocol addresses;
• transmitting or facilitating the transmission of unsolicited bulk email;
• hosting material or electronic mailboxes advertised via unsolicited bulk email;
• making available any software, program, product, or service designed to violate this AUP;
• collecting email addresses from the Internet for the purpose of sending unsolicited bulk email, or to provide collected addresses to others for that purpose;
• maintaining a mail server configured to relay messages to unknown addresses without authentication or address restrictions (e.g., "open mail relay");
• using the service to facilitate or assist in serving, delivering, or transiting pornographic material;
• attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document use of TierPoint products or services;
• using service for any illegal purposes, in violation of any applicable laws, regulations, treaties, or tariffs, or in violation of the rules of any other service or resource providers, Web sites, chat rooms or Web services; or any other activities designated as prohibited by TierPoint.
• Customer recognizes that these policies apply to all data exchanged between Customer and TierPoint, including any data generated by customers, users, or partners of Customer.

2. Third Party Complaint Process. This section sets forth TierPoint's third party complaint process. TierPoint reserves the right to vary this process on a case-by-case basis or to change this process at any time. TierPoint will take the following actions to document and resolve each complaint received by TierPoint related to a Customer or its Users:

2.1 First Complaint. TierPoint receives (at abuse@tierpoint.com) complaints ("Complaints") from third parties regarding Prohibited Activities allegedly being conducted by a Customer or its Users. All messages sent to this address are read by a human. TierPoint makes an attempt to reply to each report if time permits. TierPoint will send a communication (the "First Communication") with a copy of the complaint to the Customer. Upon receipt, Customer will immediately remedy the Prohibited Activity.

2.2 Second Complaint. Upon receipt of another complaint after the date of the First Communication related to the same or similar Prohibited Activity of Customer described in the First Communication that clearly indicates that the Prohibited Activity continued after the date of the First Communication, TierPoint will send a second communication (the "Second Communication") with a copy of the second complaint to the Customer. Upon receipt of the Second Communication, Customer will immediately remedy the Prohibited Activity and will respond in writing to TierPoint within three (3) business days of the Second Communication with an explanation and time-line of the actions taken by Customer to remedy Prohibited Activity. If Customer fails to promptly remedy the Prohibited Activity, or fails to provide a timely written response to TierPoint, TierPoint may terminate or suspend its services to Customer, and will only resume service to Customer when it receives adequate assurances that the Prohibited Activity has been remedied and will not continue.

2.3 Third Complaint. Upon receipt of another complaint after the date of the Second Communication related to the same or similar Prohibited Activity of Customer described in the Second Communication that clearly indicates that the Prohibited Activity continued after the date of the Second Communication, TierPoint will send a third and final communication (the "Third Communication") with a copy of the complaint to the Customer with notice that the Prohibited Activity must cease immediately. Upon receipt of the Third Communication, Customer must immediately cease the Prohibited Activity, and, within 24 hours of the Third Communication, must provide a written certification to TierPoint that the Prohibited Activity has ceased.

In the event that the Prohibited Activity does not cease within three (3) business days, or Customer fails to provide the written certification on a timely basis, TierPoint may terminate or suspend its services to the Customer, and will only resume service when it receives adequate assurances that such activity has ceased and will not continue.

3. Suspension and Termination of Service. TierPoint reserves the right to suspend and/or terminate a Customer's Service at any time for any material failure of Customer, its Representatives or its Users to comply with these Rules and Regulations. Any such suspension does not relieve Customer of the obligation to pay any outstanding fees.