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This agreement ("Agreement") is between wholesale hosting service provider New Media Solutions, Inc. ("New Media") at 1775 Sherman Street, Suite 2825, Denver CO 80203 USA and the Customer or Hosting/Internet Service Reseller ("Customer") specified in the invoice referenced herein ("Order"). The agreement is made effective as of the date of the order.

By using services ("Services") provided by New Media, Customers agree to comply with the Acceptable Use Policies outlined in this agreement (AUP) and also to indemnify New Media against any claims arising from any violation of this Policy as per sections 13 and 14 of the New Media Master Service Agreement.

The Order for hosting represents a binding contract between the Customer and New Media. Per the Master Hosting Agreement the following sections should be taken into consideration prior to entering into such contract, as they relate to termination of service by the Customer, or by New Media:

4.3 Cancellation Policy - All hosting payment terms, unless otherwise negotiated, are on a quarterly, 6-monthly, or 12-monthly basis. There are no partial refunds or credits for early cancellations. All payments to New Media are final and non-refundable.

20. Money Back Guarantee - New Media offers a limited Money Back Guarantee to all new clients. The purpose of this guarantee is to allow clients to experience New Media's services and determine that they meet or exceed industry standards. To this end, if and only if New Media has not met industry standards for service performance and reliability during the first 72 hours of a new hosting account being online, New Media will refund the client's hosting fees. This refund will NOT include any setup fees or hourly support fees paid to New Media. In all other circumstances monies paid to New Media are final and nonrefundable.

New Media reserves the right to make changes to this Acceptable Use Policy at any time without notice, and those changes will be effective immediately upon posting to New Media's web site at: http://www.New MediaDenver.com.
New Media Customers agree to and are responsible for regularly reviewing this Policy. Continued use of New Media services following any changes shall constitute acceptance of those changes by Customer.

This policy recognizes the fundamental fact that no one owns or controls the Internet. New Media cannot monitor or control all activities of our Customers and their clients. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. Customers, not New Media, assume all responsibility relating to their Internet activities including, but not limited to:

Aspects of the Customer's business
Content and data provided by or through a Customer
Customer's computer and communications systems needed to access the Services
Results obtained from using New Media Services
Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services
Use of the New Media services by Customer's end users
Compliance with this Acceptable Use Policy by the Customer and Customer's end users

Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy.

Customers will violate this Policy when they or their affiliates engage in any of the following activities:

Network Abuse
Using the New Media network in any way that adversely affects other New Media Customers is strictly prohibited. This includes but is not limited to:

Gaining or attempting to gain unauthorized access to servers or services. Such attempts include but are not limited to: "Internet phishing scams" (tricking other people into releasing their passwords or other confidential information or data), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses.
Using IP addresses which were not assigned to them by New Media.
Running Internet Relay Chat (IRC) servers, bots or clients.

Illegal Content
Accounts may be terminated that include content or where links are provided to content that:

Is unlawful.
Is considered offensive by the web community in general.
Promotes injury or physical harm against any group or individual.
Promotes or teaches illegal activities.
Exploits or depicts children in a negative or sexual way.
Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including but not limited to: pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
Violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.

SPAM or Unsolicited Commercial Email
New Media has a zero tolerance policy for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. New Media Customers cannot send SPAM or UCE and cannot host sites or information advertised in SPAM or UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure CGI scripts).

Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, New Media will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, New Media will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter.

PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS. New Media reserves the right to apply a minimum USD $250 per complaint investigation/resolution charge.

New Media Administrative Login and Management Software
To facilitate data center/network/server management, inventory and related activities, New Media dedicated and shared servers include a New Media administrative account and password and/or a New Media daemon. All reasonable precautions are made by New Media to maintain the security of these tools and the privacy of client data. Customers cannot tamper, hinder, delete, or in any way change the functioning of these tools. To do so intentionally or otherwise is a violation of this agreement and is grounds for the immediate suspension and/or termination of a Customer's account.

Account Cancellation
This Acceptable Use Policy (AUP) is not exhaustive. New Media has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.

Additional Fees
New Media reserves the right to charge investigation/resolution/cleanup fees related to any AUP violation activity. Standard New Media investigation/resolution/cleanup fee is $500 US or more depending on circumstances. In the case of SPAM activity additional hourly fees, charged at New Media standard rates, may apply.

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