ACCEPTABLE USE POLICY

This Acceptable Use Policy ("AUP") sets forth guidelines for acceptable use of Cotendo's network, systems, software, products and services ("Cotendo offerings") by our customers, resellers and other users of Cotendo (each, a "Customer"). This list is not meant to be exhaustive, but merely illustrative of examples of conduct deemed by Cotendo to be inappropriate, improper or harmful to Cotendo's reputation and its offering and therefore prohibited when using Cotendo offerings. The guidelines and restrictions in this AUP on use of Cotendo offerings by a Customer shall apply equally to the Customer's employees and any other person or entity that is provided access to Cotendo offerings directly or indirectly by the Customer ("Users"). By using Cotendo offerings, Customer acknowledges that it has read, understood and agrees to comply with the terms of this AUP. Customer shall (i) ensure that its Users comply with this AUP and (ii) be responsible for violations of this AUP by Customer or its Users.

General Requirements

Customer must use Cotendo offerings in a manner consistent with their permitted use. Unless otherwise expressly permitted in writing by Cotendo, Customer may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party to Cotendo offerings. Customer may only use the Cotendo offerings for lawful purposes and in accordance with this AUP.

Customer shall be solely responsible for (i) any content it or its customers and end users send by way of the Services (hereinafter "Customer Content"), (ii) its or its Users' violation or attempted violation of the security of Cotendo or any third party network, system, server or account and (iii) ensuring that its and its Users' usage of the Cotendo offerings does not violate any applicable law or regulation, including export, encryption and privacy laws and regulations. Customer, in utilizing the Cotendo offerings, will act at all times in a diligent and businesslike manner and refrain from any activity or action that may damage the reputation of Cotendo or the Cotendo offerings. Customer is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Cotendo Services. Violations of system or network security may result in civil or criminal liability.

Content

Cotendo takes no responsibility for any Customer or User content created, accessible or delivered on or through Cotendo offerings. Cotendo does not monitor or exercise any editorial control over such content. Customer shall take all necessary precautions to ensure that the Customer Content is legal and meets the requirements of applicable laws, including but not limited to laws relating to content distribution, encryption and export. Customer shall hold Cotendo harmless from and assume the defense of any complaint, allegation, investigation, subpoena and/or other related matters raised by individuals, organizations and/or governmental entities relating to Customer Content or its and/or its Users improper usage of Cotendo offerings, such as complaints of (i) fraud, (ii) harassment, (iii) threats to the safety, security and/or well-being of person or property, (iv) infringement of third party rights (i.e. trademark, copyright, patent, etc.) and/or (v) other illegal activities.

Further to the above general restrictions, Customer shall not:

make derivative works (as defined under US copyright law), reverse compile, or reverse assemble in any way, all or any portion of the Cotendo Technology;<
use Cotendo offerings to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to Cotendo, any other network or equipment, or other third parties;
use Cotendo offerings to send unsolicited e-mail messages or USENET postings, including, without limitation, bulk commercial advertising or informational announcements ("spam"). Further, Customer is prohibited from using the service of another provider to send spam or to otherwise promote a site hosted on or connected to Cotendo.
use Cotendo to (a) send e-mail messages or USENET postings which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages or USENET postings to a recipient who has indicated that he/she does not wish to receive them, (c) send e-mail messages or USENET postings with forged header information, or (d) send malicious e-mail messages or USENET postings, including, without limitation, "mailbombing." Cotendo reserves the right to charge Customer at Cotendo's standard rates for time required to handle any complaints that Customer or User violate these AUP terms; and
use Cotendo offerings to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

Cotendo Rights and Remedies

If Customer becomes aware of any Customer Content or activity that violates this AUP, Customer shall take all necessary action to prevent the activity and such Customer Content from being routed to, passed through or stored on Cotendo offerings. To the extent Cotendo becomes aware of any Customer Content or activities that Cotendo deems, in its sole discretion, to be in violation of this AUP, Cotendo may immediately block access to such Customer Content, suspend or terminate any affected Cotendo offerings, or take any other actions Cotendo deems appropriate. Cotendo shall be solely responsible for determining if any Customer Content or action violates this AUP. Cotendo reserves the right to terminate or suspend services if the continued provision of services would violate law or otherwise harm Cotendo offerings, its network or other customers. Cotendo also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that Cotendo deems responsible for the wrongdoing. Cotendo will endeavor to provide notice to Customer prior to suspension or termination of Cotendo offerings, but may immediately suspend or terminate them in instances where continued provision of Cotendo offerings would have a material adverse effect on Cotendo. Cotendo shall not be liable for any damages of any nature suffered by any Customer, User or any third party resulting in whole or in part from Cotendo's exercise of its rights under this AUP. Customer agrees to indemnify Cotendo for any and all damages, claims, suits, costs or expenses asserted against or incurred by Cotendo related to or in connection with a violation of this AUP by Customer or its Users.

Cotendo reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the Acceptable Use Policy on www.cotendo.com. Any use of Cotendo after such modification shall constitute acceptance of such modification. Any violation shall be sent to abuse(at)cotendo(dot)com.

Last updated: January 1, 2009