Inium Facilities Rules and Regulations

These Rules and Regulations cover

1. Customer's (and its customers, agents and users) use of and access to Inium's facilities (e.g. Internet Hosting Facilities);
2. Customer's (and it customers, agents and users) use of the Inium online services; and
3. Inium's maintenance of the services it provides to its Customers.

ACCESS TO INTERNET HOSTING FACILITIES

Only those individuals identified in writing by Inium's customer (the "Customer") on the Customer Registration Form ("Representatives") may access the Internet Hosting Facility. Customer shall deliver prior written notice to Inium of any changes to the Customer Registration Form and the list of Representatives. Customer and its Representatives shall not allow any unauthorized persons to have access to or enter any Internet Hosting Facility. Customer and its Representatives may only access that portion of an Internet Hosting Facility made available by Inium to Customer for the placement of Customer's equipment and use of the Internet Hosting Facility Services (the "Customer Area"), unless otherwise approved and accompanied by an authorized Inium representative.

USE OF INTERNET HOSTING FACILITIES

Conduct at Internet Hosting Facilities. Customer and its representatives agree to adhere to and abide by all security and safety measures established by Inium and set forth in the Customer Guide provided by Inium to Customer. Customer and its Representatives shall also not do or participate in any of the following:

• misuse or abuse any Inium property or equipment or third party property or equipment;
• make any unauthorized use of or interfere with any property or equipment of any other Inium Customer;
• harass any individual, including Inium personnel and representatives of other Inium Customers; and
• engage in any activity that is in violation of the law or aids or assists any criminal activity while on Inium property or in connection with the Internet Hosting Facility Services.

Prohibited Items. Customer and its Representatives shall keep each Customer Area clean at all times. It is each Customer's responsibility to keep its area clean and free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by Inium, (1) place any computer hardware or other equipment in the Customer Area that has not been identified in writing to Inium; (2) store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals); and (3) bring any Prohibited Materials (as defined below) into any Internet Hosting Facility. "Prohibited Materials" include, but are not limited to, the following and any similar items:

• food and drink;
• tobacco products;
• explosives and weapons;
• hazardous materials;
• alcohol, illegal drugs and other intoxicants;
• electromagnetic devices which could unreasonably interfere with computer and telecommunications equipment;
• radioactive materials; and
• photographic equipment; and
• recording equipment of any kind (other than tape back-up equipment).

EQUIPMENT AND CONNECTIONS

Customer Equipment. Each piece of equipment installed in a Customer Area (the "Customer Equipment") must be clearly labeled with Customer's name (or code name provided in writing to Inium) and individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer's name (or code name provided in writing to Inium) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Customer must use its best efforts to provide Inium with at least 48 hours prior notice any time it intends to connect or disconnect any Customer Equipment or other equipment.

SCHEDULED MAINTENANCE

Inium will conduct routine scheduled maintenance of its Internet Hosting Facilities according to the schedule posted on the Inium Web site at http://www.inium.com/support/maintenance.html. In the event a mission critical maintenance situation arises, Inium may be required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Customer's Equipment may be unable to transmit and receive data and Customer may be unable to access the Customer Equipment. Customer agrees to cooperate with Inium during the scheduled and emergency maintenance periods.

ONLINE CONDUCT

Customer Content. Customer acknowledges that Inium exercises no control whatsoever over the content of the information passing through Customer's site(s) and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations, the Inium Acceptable Use policy and these Rules and Regulations.

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 (UCE) or communications in any form ("SPAM");
• engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret information in violation of a duty of confidentiality;
• 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;
• use the Inium connectivity services for any illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of any other service providers, web sites, chat rooms or similar services; and
• 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. Inium routinely receives (at au@inium.com) written complaints ("Complaints") from third parties regarding Prohibited Activities allegedly being conducted by an Inium Customer or its Users. In Inium's experience, most legitimate complaints and actual Prohibited Activity is conducted by Customers and users of Inium's Customers, not by Inium's Customers themselves. Inium requires its Customers to use policies similar to these Rules and Regulations and will work with its Customers to resolve violations. Inium will take the following actions to document and resolve each Complaint received by Inium 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, Inium will send a letter (the "First Letter") to the complaining third party that describes Inium's policies related to the Prohibited Activity and lists the contact information for the Customer and encloses a copy of the original Complaint received by Inium. Inium 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. Inium's goal is to put the complainant directly in touch with the party in the best position to remedy the problem: Inium's 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, Inium 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 Inium 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 the Inium's letter and remedy the Prohibited Activity within ten (10) business days, Exodus will bill Customer in the following month $500 to cover Inium's 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, Inium 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, Inium 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. Inium will also bill its Customer $5,000 to cover Inium's administrative costs associated with the Prohibited Activities.

Suspension and Termination of Service. Inium 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 and the Inium Acceptable Use policy.

SUPPLEMENTAL SERVICES

Subject to the terms and conditions set forth in the Master Services Agreement between Inium and the Customer, Inium may, from time to time, provide Customer with certain limited services and equipment needed and requested by Customer on an as-needed or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services purchased by Customer. Customer will be charged for all Supplemental Services provided Customer. Inium has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied.

MODIFICATION OF RULES AND REGULATIONS

Inium 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.

[back to top]