N6 Networks, Inc. Network Abuse Policy This document sets forth N6 Networks ("N6 Networks") Network Abuse Policy ("Policy) and supersedes any other written or oral policy. N6 Networks may modify this Policy from time to time as reasonably required. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Any activity or conduct that violates law, regulations or the accepted norms of the Internet community or may harm N6 Networks facilities, reputation, goodwill or customer relations, whether or not expressly mentioned in this Policy, is strictly prohibited. N6 Networks reserves the right at all times to revise its Network Abuse Policy and to take appropriate steps to address violations of that Policy as outlined in Section VI herein. I. SYSTEM AND NETWORK SECURITY It is N6 Networks goal to: (1) protect network resources, (2) preserve the privacy and security of N6 Networks networks, (3) preserve the privacy and security of N6 Networks customers networks, and (4) maximize the utility of N6 Networks and the Internet. 1. Customers may not: (i) tamper with other customer accounts, (ii) commit unauthorized intrusion into any part of N6 Networks network or systems; or (iii) use any of N6 Networks machines, files, accounts, or systems to intrude without authorization into any other network. 2. Customer may not use N6 Networks services not included in Customer's account, nor circumvent security (or assist others to circumvent security) in order to access services for which the person accessing those services has not entered into a binding agreement with N6 Networks. This includes, but is not limited to, the scanning of N6 Networks or other networks with intent to breach and/or evaluate security. 3. Customer may not use N6 Networks network or systems in a manner that encumbers disk space, processors or other system resources beyond those allowed by Customer's specific type of account. Customers may not make deliberate attempts to interfere with a service, overload a service, or attempt to disable a host. 4. The use or attempted use of Internet services or systems without authorization is strictly prohibited. This includes, but is not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.). Additionally, Customers may not use programs, scripts, commands, or otherwise send messages with the intent to interfere with a user's terminal session. 5. Customers may not use N6 Networks network, machines, or services in any manner which violates the acceptable use policies of any networks, machines, or services which are accessed through N6 Networks network. 6. Any activity that potentially could harm N6 Networks Network, it's customers networks, upstream networks or other networks. 7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment. II. UNLAWFUL, HARMFUL OR OFFENSIVE COMMUNICATIONS Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of any IP flooding (denial of service attacks), piracy of software, or child pornography. It is a violation of this policy for Customer knowingly to use the facilities of N6 Networks to create, transmit, post or otherwise make available through the Internet any material that is unlawful, abusive or harmful to N6 Networks facilities, customers, goodwill or reputation. Communications prohibited by this Policy include, but are not limited to materials that infringe copyright, trademark or other intellectual property; obscenity, indecency, or child pornography; and defamatory communications. Although it is not N6 Networks policy to monitor, censor or edit information made available through the use of its facilities, N6 Networks reserves the right to take appropriate action, as described in Section VI herein, when it becomes aware of transmissions, postings or other communications that violate this Policy. III. E-MAIL 1. Customer may not send unsolicited, commercial e-mail to any other customer account that has not specifically requested such information or that causes complaints from the recipients of such unsolicited e-mail. N6 Networks services may not be used to send unsolicited advertising messages to other network users. Customer may not flood/spam newsgroups with commercial or non-commercial postings. 2. Customers may not continue to send commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication. Any use of N6 Networks property for the composition, distribution, or collection of bulk e-mail, abusive e-mail, or any form of unsolicited, commercial e-mail is strictly prohibited. 3. N6 Networks prohibits the transmission of e-mail to non-consenting recipients that is harassing, libelous, defamatory, threatening, abusive or hateful. 4. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. 5. "Mail-bombing" (i.e. flooding a user site with large or numerous e-mail messages) is strictly prohibited. 6. Customers may not forge header information. 7. N6 Networks prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any other provider that violate the rules of this Policy or those of the originating provider. 8. Customer may not host a publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason. 9. Customer may not use the SMTP services of a third party for the purposes or relaying or sending electronic mail messages without the express permission of that third party. 10. This Policy also applies to other means of Internet-based transmissions, including without limitation to Internet fax or Internet phone. IV. USENET 1. N6 Networks may provide Customers with uncensored newsfeed. N6 Networks does not control newsgroup content nor is N6 Networks responsible for postings by N6 Networks Customers. 2. It is the responsibility of those persons who post messages to determine a newsgroup's etiquette. Customers that submit content to newsgroups should refrain from posting advertisements or other messages that are not expressly permitted by a newsgroup's charter of Frequently Asked Questions. Message posters are expected to submit messages relevant to the newsgroup's topic and agree not to submit the same message to large numbers of forums or newsgroups. 3. Customers are prohibited from forging header information and from posting chain letters of any type. 4. Customers may only post binary files to newsgroups designed for that purpose. 5. Customers may not cancel or supersede a posting of a message other than their own unless they serve as newsgroup moderators in the performance of their on-line responsibilities. 6. N6 Networks prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any other provider that violate the rules of this Policy or those of the originating provider. V. INTERNET RELAY CHAT (IRC) While N6 Networks does maintain an IRC server, Customers also may use their Internet connection to access the server of another provider. In either case, Customers are obligated to abide by the rules set forth by the applicable provider and to follow proper IRC etiquette. N6 Networks will not allow vanity IRC (reverse) DNS records. VI. ENFORCEMENT N6 Networks procedure is to deal with each net abuse case on an individual basis. Based on an investigation and a determination of the nature and severity of the abuse, N6 Networks may take immediate action, without prior notice, against any party or parties found in violation of this policy. Such action may include, but is not limited to, blocking of access to particular websites, newsgroups or other material found to violate the Network Abuse Policy, suspension or termination of Customer's service with N6 Networks.