This Acceptable Use Policy specifies the actions prohibited by ThrottleNet, Inc. to users of the ThrottleNet Network. By using the Network, you acknowledge that you and users that have gained access to the network through your account have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies by any User. While it is not our intent to control or monitor your online communications, we may block services that we deem to be in violation of the Policies or that we otherwise deem harmful or offensive. ThrottleNet, Inc. reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this URL: http://www.ThrottleNet.net/aup.aspx.

Illegal Activities

The ThrottleNet, Inc. Network may only be used for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

Network and System Security Violations of system or network security are prohibited, and may result in criminal and civil liability. ThrottleNet, Inc. will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

- Unauthorized probing and/or scanning of any system without prior consent of the owner or system administrator. This includes, but is not limited to, "dictionary attacks" and/or attempts to harvest or verify email addresses.

- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

- Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

- Attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information.

- Engage in any activities that may interfere with the ability of others to access or use the Service or the Internet.

Email/Usenet

You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain ThrottleNet, Inc.'s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to ThrottleNet, Inc.’s reasonable satisfaction:

- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

- You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and ThrottleNet, Inc.’s requests to produce consent evidence within 72 hours of receipt of the request.

- The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at abuse@yourdomain.com."

- You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

- You must post an abuse@yourdoman.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;

- You must have a Privacy Policy posted for each domain associated with the mailing;

- You have the means to track anonymous complaints; and

- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail.

These policies apply to messages sent using your ThrottleNet, Inc. service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your ThrottleNet service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Offensive Content

You may not publish or transmit via ThrottleNet, Inc.’s network and equipment any content that ThrottleNet, Inc. reasonably believes:

- constitutes child pornography;

- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

- is defamatory or violates a person's privacy;

- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;

- improperly exposes trade secrets or other confidential or proprietary information of another person;

- is intended to assist others in defeating technical copyright protections;

- clearly infringes on another person's trade or service mark, patent, or other property right;

- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to ThrottleNet; or

- is otherwise malicious, fraudulent, or may result in retaliation against ThrottleNet, Inc. by offended viewers.

Content "published or transmitted" via ThrottleNet, Inc.’s network or equipment includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.

Copyrighted Material

You may not use ThrottleNet, Inc.’s network or equipment to download, publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;

- you are otherwise permitted by established United States copyright law to copy the work in that manner.

ThrottleNet, Inc. may terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the ThrottleNet, Inc. network, please send your written notice of copyright infringement to:

Hosting Department

ThrottleNet, Inc
9201 Watson Road, Suite 100
St. Louis, MO 63126
hosting@ThrottleNet.com

Your notice must include the following:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ThrottleNet, Inc. to locate the material;

- Information reasonably sufficient to permit ThrottleNet, Inc. to contact you, such as an address, telephone number, and, if available, an e-mail address;

- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;

- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Cooperation with Investigations and Legal Proceedings.

ThrottleNet, Inc. may, without notice to you:

- report to the appropriate authorities any conduct by you that it believes violates applicable criminal law, and

- provide any information it has about you in response to a formal or informal request from a law enforcement or government agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Other Terms.

* You must have valid and current information on file with your domain name registrar for any domain hosted on the ThrottleNet network.

* You may only use IP addresses assigned to you by ThrottleNet staff in connection with your ThrottleNet services.

* You may not take any action which directly or indirectly results in ThrottleNet IP space being listed in any of the various abuse databases.

Consequences of Violation of AUP

ThrottleNet may without notice to you, suspend your service or remove any content transmitted via the ThrottleNet service if it discovers facts that lead it to reasonably believe your service is being used in violation of this AUP. You must cooperate with ThrottleNet 's reasonable investigation of any suspected violation of the AUP. ThrottleNet will attempt to contact you prior to suspension of network access to your service(s), however, prior notification is not assured.

You are strictly responsible for the use of your ThrottleNet service in violation of this AUP, including use by your customers, and including unauthorized use. ThrottleNet will charge you its hourly rate for security breach recovery (currently $120.00/hour) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this AUP, (ii) remedy any harm caused to ThrottleNet or any of its customers by the use of your service in violation of this AUP, (iii) respond to complaints, and (iv) have ThrottleNet 's Internet Protocol numbers removed from any "blacklist" such as SPEWs or other abuse databases.

Nothing contained in this policy shall be construed to limit ThrottleNet, Inc.’s actions or remedies in any way with respect to any of the foregoing activities and ThrottleNet, Inc. reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the ThrottleNet, Inc. service, and levying cancellation charges to cover ThrottleNet, Inc.'s costs in the event of disconnection of dedicated access for the causes outlined above.

If you become aware of any violation of these Policies by any person, including Users that have accessed the Service through your account, please notify us at abuse@ThrottleNet.com. We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation these Policies by your Users of the Service. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of these Policies. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. Additionally, any data sent to ThrottleNet, Inc, by either the complainant or our client or any other party sending data to us, including but not limited to header information, log file information, alleged UCE, and any personal subscriber or alleged subscriber information, becomes the intellectual property of ThrottleNet, Inc. for its use however ThrottleNet, Inc. determines necessary, including but not limited to, providing that information to either the complainant, our client, or other party that ThrottleNet, Inc. deems as qualified in assisting in the resolution in such disputes. We also reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of these Policies, including devices designed to filter or terminate access to the Services provided by us.

ThrottleNet, Inc. is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the ThrottleNet network. ThrottleNet disclaims any obligation to any person who has not entered into an agreement with ThrottleNet, Inc. for services.