Acceptable Use Policy

This Acceptable Use Policy ("Policy") specifies certain actions prohibited by Vital for users of its Vital Portal Network. VITAL reserves the right to modify this Policy at any time to stay in compliance with any laws, regulations and security requirements. By using VITAL services, any customer, employee or third party unconditionally accepts the terms of this policy.

30-DAY "RISK FREE" OFFERINGS

Due to the costs of set-up, initial provisioning and purposing, and related expenses, Customers who take advantage of VITAL's 30-day "risk free" hosting offerings will receive no refund of funds already paid for setup and the initial month of hosting.

ILLEGAL USE

The VITAL Portal Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; and material that, in VITAL's sole discretion, is obscene, defamatory, constitutes an illegal threat, facilitates identity theft or other fraud, or violates export control laws. Any violation of the above, which compromises the integrity of the VITAL Vital Portal Network or any other network is strictly prohibited.

VITAL NETWORK AND MACHINE RESOURCES

VITAL reserves the right to monitor and allocate Vital Portal Network and machine resources. IP addresses are allocated per server and according to virtual server specifications. Cgi resources are allocated one per domain (a virtual host is required for each cgi-bin and is considered a virtual host). VITAL in its sole discretion and upon reasonable notice to customer reserves the right to discontinue any hosting account and/or any script which causes excessive server load and/or uses excessive server and Vital Portal Network resources.

To protect Internet, Vital Portal Network, and machine resources on behalf of the entire VITAL customer base, no individual customer may do the following:

1. Offer adult content of any kind, as determined in VITAL's sole discretion.

2. Utilize CGI/PERL chat, JAVA chat, or any other chat scripts in a manner that adversely affects the operations or performance of other VITAL customers, or of the VITAL system(s) or Vital Portal Network(s). The adverse effect of such use shall be determined by VITAL in its sole discretion.

3. Use more than 1 MPBS throughput during peak Vital Portal Network hours (9AM to 6PM ET). Such usage could result in penalty fees. In the event of any dispute regarding penalty fees, VITAL may determine violations and fees applicable in its sole discretion.

Moreover, in a shared hosting environment, for the same reasons indicated above, no individual customer may do the following: (NOTE: The restrictions listed immediately below do NOT apply to collocation plans, server appliance plans, I-MHIP plans, or any other dedicated server offerings.)

1. Use their web site to store web pages, files, or data for other IP addresses or domain names, or as a repository for files, data, or "Warez group" download transfer.

2. Use their web site for data transfer from any database server, or for streaming audio and/or video downloads; or use their web site as a storage area for files that are not linked to the customer's web pages hosted on the same web site on VITAL's servers.

VITAL may immediately suspend service without prior notice to any web site that violates these rules. In the event of any dispute regarding these rules, VITAL may determine violations of these rules in its sole discretion.

Customers utilizing bandwidth in excess of plan limitations, or in violation of these rules, will owe VITAL compensation therefore at the applicable rate for excess bandwidth.

SYSTEM AND VITAL Portal NETWORK SECURITY

Violations of system or Vital Portal Network security are prohibited, and may result in criminal and civil liability. VITAL will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. VITAL respects the privacy of customer data and vigilantly protects that data and ALL customers who host with VITAL. If any violation of the law or this AUP is suspected, VITAL reserves the right to investigate. Use of the VITAL Portal Network constitutes consent to monitoring. Examples of unlawful acts, system, or Vital Portal Network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on the Vital Portal Network or system without the express authorization of the owner of the system or Vital Portal Network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.

If you use any VITAL service described on this website, and if VITAL determines in its sole discretion that you caused or allowed a security exploit within the VITAL Portal Network, or that you caused or allowed UCE/spam originating from your service to adversely impact the VITAL Portal Network and its customers, you may be assessed a $1,000 penalty fee, in the sole discretion of VITAL. (As an example, if you fail to properly administer and protect your self-managed server from being exploited by a third party, this failure on your part in turn results in expanded degradation of the VITAL Portal Network.) If you subscribe to the VITAL Security Monitoring Plan and PPIS, and you implement Best Practices in accordance with the plan, you will not be assessed a penalty fee.

Sending unsolicited email messages, including, without limitation, unwanted advertising and informational announcements, is explicitly prohibited, whether sent in bulk or not, and whether commercial in nature or not. The use of VITAL resources to sell or enable the sale of "bulk" and/or "stealth" email software (to include so-called "spoof" software) is strictly forbidden. The use of VITAL resources to sell or enable the sale of software designed to "harvest" email addresses is also categorically prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site owner. Legitimate mailing lists and subscriber lists are acceptable. Otherwise, it is spam. In this regard, and in furtherance of these Prohibitions on the Means and Methods you can distribute Email Marketing Materials, You represent and warrant that You will not, nor permit any other party to:

(1) Fail to comply with the CAN-SPAM Act or any other law, including but not limited to the requirements to:

a. Use of inappropriate or unlawful subject lines in emails sent using VITAL resources;

b. Use inaccurate and untruthful "to" and "from" information in emails sent using VITAL resources;

c. Fail to notify the recipient of emails sent using VITAL resources of its right and ability to stop such email marketing materials using electronic means such as a link that is valid for at least 30 days after distribution of the email, or an email address;

d. Fail to notify the recipient of emails sent using VITAL resources of its right and ability to stop such email marketing materials using Your valid street address for receipt of such requests;

e. Fail to ensure that all requests to stop receipt of email take effect in three days or less, regardless of whether that request comes directly to You or via a download of VITAL's Suppression List (as such term is defined below);

f. Fail to ensure that all persons receiving email marketing materials have expressly consented to receive such and not revoked consent, or are persons with whom You have "preexisting business relations" as defined by law and have not revoked consent as of the date of s

g. such email; or

(2) Fail to ensure that VITAL's list of persons which have unsubscribed ("Suppression List") is downloaded and such email addresses are deleted from Your email lists at least three times weekly and always before an emailing of any marketing materials; or

(3) Use the Suppression List or any request to unsubscribe to verify or append email distribution list (e.g. You add the Suppression List emails to Your email distribution list and use them for further promotion); or

(4) Use any email list that contain email subscribers that have not at least double Opt-in to receive unsolicited commercial law; or

(5) Fail to deliver email confirmation message to All Imported Email Subscribers that requires such subscribers to verify its subscription to the email list; or

(6) Fail to deliver email confirmation message to All Submitted Email Subscribers that requires such subscribers to verify its subscription to the email list; or

(7) Allow any other party or person to use VITAL resources without such party or person first agreeing to comply with this Policy, including but not limited to acceptable use of VITAL resources to send email marketing materials to others; or

(8) Distribute any email marketing materials with any information other than as expressly permitted herein, as provided by VITAL under this Policy, or as required by law; or

(9) Distribute email marketing materials, or any of the like, after receiving any formal or informal notification from VITAL to cease use of VITAL resources to send emails; or

(10) Take any action to interfere with or circumvent spam filtering programs or devices; or

(11) Send any email market materials, or display such materials through or to any platform that is accessible through any device that is specifically legally regulated regarding distribution of email, such as cellular phones, except as expressly permitted herein; (e.g. You send an email which goes through any wireless provider server to a cell phone or other device); or

You agree that if You violate this Policy, including but not limited to acceptable use of VITAL resources to send email marketing materials to others, or Your conduct results in "blacklisting" by a spam consortium such as Spam Hausa or Sorbs, VITAL may, at its sole election: (i) terminate Your account; (ii) revoke Your software license(s); (iii) issue and collect from You a service fee of US$3,000.00 per incident; or (iv) initiate legal action for damages against You.

USENET

Posting the same messages to multiple newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is expressly prohibited.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN VITAL CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

For Example: If you are hosting a bulk email site on VITAL servers and you use another ISP to SPAM from in order to reference your VITAL site by IP address or domain name, you are violating VITAL policy and possibly the law. If you have been granted telnet access to VITAL servers, multiple telnet log-ons are strictly prohibited and you must come from a valid IP address. Forgery is against the law. Any type of denial of service attack from valid or invalid addresses is a violation of VITAL security policy and against the law. If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited. Complaints regarding illegal Use or System or Network Security issues should be sent to support@vital-inet.com . Complaints regarding email abuse should be sent to support@vital-inet.com . Complaints regarding USENET abuse or SPAM should be sent to support@vital-inet.com.

The Digital Millennium Copyright Act provides limitations for service provider liability relating to material online with regard to information residing, at the discretion of the user, on a system or network that the service provider controls or operates. 17. U.S. 512(c).

The designated agents for notification of claimed infringement are:

VITAL

ATTN: VITAL General Counsel PO Box 974

Waycross GA 31502.

For other legal issues or concerns contact:

VITAL

ATTN: VITAL General Counsel PO Box 974

Waycross GA 31502

VITAL does not tolerate any pornographic material or spamming and both infringements will result in an investigation and possible termination and removal of the site and/or virtual server without a refund. VITAL prides itself as a responsible member of the Internet community and is committed to protecting the data of and providing quality service to all VITAL customers all of the time.

INTERACTION WITH VITAL STAFF

Any threat, vulgar and profane language directed at any VITAL staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of VITAL should be reported immediately. Bottom line is let's work together toward a mutually beneficial relationship and create a prosperous and responsible Internet community.

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