ACCEPTABLE USE POLICY

Use of Services

1. Customer warrants that it shall comply with all applicable local, state, national and international laws and regulations in its use of Opus services. Specific Activities that are prohibited include, but are not limited to:

-Threatening harm to persons or property or otherwise harassing behavior.

-Violating U.S. export control laws for software or technical information.

-Fraudulently representing products/services.

Knowingly facilitating, aiding, or encouraging any of the above activities.

2. Additional Activities are prohibited that appear in further sections of these guidelines, including section 2 (Use of Material) and 3 (System Security). Opus reserves the right to investigate suspected violations of these Guidelines. When Opus becomes aware of possible violations, Opus may initiate an investigation which may include gathering information from Customer or Customers involved and the complaining party. During an investigation, Opus may block access at the router level to customer’s equipment involved. If Opus believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of access to customer’s equipment, and the suspension or termination of Customer’s service. Opus, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject Customer to criminal or civil liability.

Customer of record is responsible for all use of the services and colocation space, including any areas for which Customer has been granted access.

Use of Material

1. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using Opus services. Customers may also re-distribute materials in the public domain. Customer assumes all risks regarding the determination of whether the material is in the public domain.

2. Customer is prohibited from storing, distributing or transmitting any unlawful material through Opus services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Customer may not post, upload or otherwise distribute copyrighted material on Opus’s servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject Customer to criminal as well as civil liability, in addition to the actions outlined in 1.02 above.

3. Customer may not store or distribute certain other types of material. Examples of prohibited material include, but are not limited to, programs containing viruses or Trojan horses and tools to compromise the security of other sites, tools used to collect email addresses for use in sending bulk email, or tools used to send bulk mail.

4. Each Opus customer account receives a six digit access and billing account number and a default account password. Customer is responsible for changing his or her password when the account is activated through Customer Service and have the password changed regularly. This password allows access to Customer web page and is also used for Customer to reboot equipment if Power Cycle services are included in their service.

5. A remote access password is requested as a condition for receiving service via the Opus 24×7 Technical Support number or emergency page to authenticate the caller. Customer may sign a waiver to decline the use of a remote access password and assume all risks, losses and liability that may arise by electing to receive these services without a remote access password. If there is no password or signed waiver from Customer, Opus Technical support will be unable to respond to Customer request.

6. Each Opus Customer is responsible for the equipment security of his or her password. Generally, secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language. Customer is responsible for changing his or her equipment password regularly.

7. Opus staff may monitor the security of Customer passwords at any time. A Customer with an insecure password may be directed to change the password to one which complies with the above rules. Customers who repeatedly choose insecure passwords may be assigned a password by Opus.

System Security

1. The Customer is prohibited from utilizing Opus resources and systems to unlawfully compromise or tamper, or attempt to compromise or tamper with the security of any system located on Opus’s network or the Internet.

2. Opus will also fully cooperate with law enforcement authorities in investigating suspected criminal activity.

Email, Bulk Email, Mailing Lists

1. The sending of any form of unsolicited bulk email through Opus servers or network is prohibited. Customer agrees to comply with the CAN-SPAM Act.

2. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Opus customers must be Confirmed Opt-in. The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Opus hosted domain, or referencing any Opus account, is prohibited.

3. Customers may not send email in any way that may be illegal. Opus recognizes that email is an informal medium; however, customers must refrain from sending email to a user after receiving a request to stop.

4. Customers may not send, propagate, or reply to “mailbombs”. Mailbombing is defined as either emailing copies of a single message to many customers, or sending large or multiple files or messages to a single user with malicious intent.

5. Customers may not alter the headers of email messages to conceal their email address or to prevent customers from responding to messages.

6. If Opus finds a violation of the above Bulk Email policy, it has the right to block access to Customer’s equipment at the router level or immediately suspend that customer’s account without prior notice or warning.

7. If an email message is found to violate one of the policies listed, or to contain unlawful material, as described in 2.2 and 2.3 above, Opus may take action as outlined in 1.2 above.