This agreement ("Agreement") is between wholesale hosting and Internet service provider DataAnywhere.net, A Division of R401 Enterprices Ltd. ("DataAnywhere.net") at 1708 Dolphin Avenue Suite 606, Kelowna, BC, Canada and the Customer or Hosting/Internet Service Reseller ("Customer") specified in the electronic order form annexed herein by reference ("Order"). The agreement is made effective as of the date of the order.

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

DataAnywhere.net 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 DataAnywhere.net's web site at: http://www.dataanywhere.net.

DataAnywhere.net Customers agree to and are responsible for regularly reviewing this Policy. Continued use of DataAnywhere.net 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. DataAnywhere.net 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 DataAnywhere.net, 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 DataAnywhere.net Services
• Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services
• Use of the DataAnywhere.net 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.

Prohibited Uses

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

Network Abuse

Using the DataAnywhere.net network in any way that adversely affects other DataAnywhere.net 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.
• Running programs continuously in the background without our permission. (This DOES NOT apply to fully dedicated servers).
• 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 DataAnywhere.net.
• 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.

Adult Content

Adult Web Sites, Adult Picture Galleries, Adult File Sharing Services are NOT permitted on DataAnywhere.net DDS/VPS or Shared Servers.

SPAM or Unsolicited Commercial Email

DataAnywhere.net has a zero tolerance policy for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. DataAnywhere.net 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, DataAnywhere.net 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, DataAnywhere.net 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. DataAnywhere.net reserves the right to apply a $200 US per complaint investigation/resolution charge.

Administration

DataAnywhere.net Administrative Login and Management Software

To facilitate data center/network/server management, inventory and related activities, all DataAnywhere.net dedicated and shared servers include a DataAnywhere.net administrative account and password and/or a DataAnywhere.net daemon. All reasonable precautions are made by DataAnywhere.net to maintain the security of these tools and the privacy of client data. Customers cannot tamper, hinder, delete, or in anyway 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 of a Customer's account.

Account Cancellation

This Acceptable Use Policy (AUP) is not exhaustive. DataAnywhere.net 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

DataAnywhere.net reserves the right to charge investigation/resolution/cleanup fees related to any AUP violation activity. Standard DataAnywhere.net investigation/resolution/cleanup fee is $400 US or more depending on circumstances. In the case of SPAM activity additional hourly fees, charged at DataAnywhere.net standard rates, may apply.

Incident Reporting

To report a suspected breach of this Acceptable Use Policy, please contact support@dataanywhere.net.