ONLINE CONDUCT
Prohibited Activities.
Customer will not, and will not permit any persons ("Users") using Customer's online facilities and/or services, including, but not limited to, Customer's Web site(s) and transmission capabilities, to do any of the following ("Prohibited Activities"):
Send unsolicited commercial messages or communications in any form ("SPAM")
Engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law send, post or host harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto;
Intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses engage in any activities or actions intended to withhold or cloak Customer's or its Users; identity or contact information
Assist or permit any persons in engaging in any of the activities described
above.If Customer becomes aware of any Prohibited Activities, Customer
will use best efforts to remedy such Prohibited Activities immediately,
including, if necessary, limiting or terminating User's access to Customer's
online facilities Third Party Complaint Process. Exodus routinely receives
(at Abuse@Exodus.net) written complaints ("Complaints") from third parties
regarding Prohibited Activities allegedly being conducted by a Customer
or its Users. Due to the nature of Exodus' business, in Exodus' experience,
most legitimate complaints and actual Prohibited Activity is conducted
by Customers and users of Exodus' Customers, not by Exodus' Customers themselves.
Exodus requires its Customers to use policies similar to these Rules and
Regulations and will work with its Customers to resolve violations. Exodus
will take the following actions to document
and resolve each Complaint received by Exodus related to a Customer
or its Users.
First Complaint. Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or its User, Exodus will send a letter (the "First Letter") to the complaining third party that describes Exodus' policies related to the Prohibited Activity and lists the contact information for the Customer and encloses a copy of the original Complaint received by Exodus. Exodus also will deliver notice of the Complaint to the Customer by sending a copy of the same letter to the Customer via e-mail to its abuse address so that Customer can identify and remedy the Prohibited Activity. Exodus' goal is to put the complainant directly in touch with the party in the best position to remedy the problem, Exodus' Customer who has the relationship with the alleged violator.
Second Complaint. Upon receipt of a second complaint after the date
of the First Letter related to the same or similar Prohibited Activity
of Customer described in the First Letter that clearly indicates that the
Prohibited Activity continued after the date of the First Letter, Exodus
will send a second letter (the "Second Letter") with a copy of the second
complaint to the Customer and request that Customer respond in writing
to Exodus with an explanation and timeline of the actions to be taken by
Customer to remedy Prohibited Activity. In the event that Customer does
not respond to Exodus' letter and remedy the Prohibited Activity within
ten (10) business days, Exodus will bill
Customer in the following month $500 to cover Exodus' administrative
costs associated with the Prohibited Activities of Customer.
Third Complaint. Upon receipt of a third complaint after the date of the Second Letter related to the same or similar Prohibited Activity of Customer described in the Second Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Exodus will send a third and final letter (the "Third Letter") with a copy of the third complaint to the Customer and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, Exodus will terminate or suspend its connectivity service to its Customer, and will only resume providing service when it receives adequate assurances that such activity will not continue. Exodus will also bill its Customer $5,000 to cover Exodus; administrative costs associated with the Prohibited Activities.
Suspension and Termination of Service. Exodus 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.
MODIFICATION OF RULES AND REGULATIONS
Exodus may change these Rules and Regulations upon fifteen (15) days;
notice to Customer, which notice shall be provided by posting such new
Rules and Regulations