AUP

BROADBAND COMMERCIAL ENTERPRISE ACCEPTABLE USE POLICY

ITS Communications has adopted the following Acceptable Use Policy (AUP) to outline the proper access and usage of the ITS Communications Broadband Commercial Enterprise Services, including the ITS Communications high-bandwidth connectivity and any related equipment and services (collectively referred to as Network Services), provided to the Network Customer (also referred to as you or your). These policies and use restrictions are in addition to requirements contained in the ITS Communications Network Services Contract (the “Network Agreement”) and any other applicable ITS Communications policies. Terms provided in this AUP that are not defined herein shall have the same meaning as provided in the Network Agreement.

UPDATES TO THIS AUP

ITS Communications reserves the right to update or revise this AUP from time to time without notice. Any such update shall be made available for access by the Network Customer, and is available for review at itscommunications.com or at such other address as ITS Communications may specify by posting or email notice. Network Customer is responsible for ensuring that all of its authorized users, customers and/or any others who may have access to the Network Services and/or ITS Communications network through Customer’s Network (Users) have access to the limitations contained in this AUP, including any updates, prior to any Network Service usage. The continued use of Network Services following any update to this AUP evidences an agreement to be bound by the amended AUP. If you do not agree to comply with this AUP or any other ITS Communications policies, you must immediately stop use of the Network Services and notify ITS Communications.

USAGE RESPONSIBILTY

All Network Customers and Users are required to comply with this AUP. Network Customers are responsible and liable for any failure by any Users to comply with the restrictions and limitations contained in this AUP and any other applicable ITS Communications policies. Network Customers are also responsible for, and bear all risks associated with, any User access to the Network Services, any usage or transmissions occurring through the Customer’s Network, and for maintaining the security of the Network Services and any devices connected to the Network Services on or through Customer’s Premises, including any data, materials, content or other information stored, transmitted, accessed or shared through such devices or equipment.

CUSTOMER’S SECURITY OBLIGATIONS

Network Customer must take steps to prevent others from obtaining unauthorized access to, or use of, the Customer’s Network Services by implementing Network Service security protections, including, but not limited to, setting limits on User access and usage, maintaining the confidentiality of passwords or any other account or login information, protecting and/or securing open system or equipment ports, and prohibiting unauthorized access or usage of the Network Services and Customer Premises Equipment. Network Customer must establish and implement business practices for authorized end Users requiring compliance with these security protections and the limitations in this AUP. Network Customers must maintain readily accessible contact information so that Users may notify the Network Customer of any complaints or Network Service issues. The Network Customer must promptly notify ITS Communications of any Network Service issues or complaints regarding the Network Services.

PROHIBITED USE AND ACTIVITY

Network Customers are responsible for any transmissions sent, received, accessed, posted or stored via the Network Services installed on Customer’s Premises, including any content of transmissions or communications. Network Customers and Users are expressly prohibited from accessing or using the Network Services in violation of any Prohibited Use. Prohibited Uses include, but are not limited to, using the Network Services or Network Equipment to engage in any activity that:

i. Violates any law, rule or regulation. The uploading, posting, storing, reproducing, transmitting, disseminating otherwise publishing information, data, content, software, code or material which is libelous, obscene, threatening, harassing or defamatory; violates the privacy or publicity rights of others; or which in any way constitutes, encourages conduct that would constitute, or facilitates a criminal offense, gives rise to civil liability, or otherwise violates any local, state, federal or international law, order or regulation.

ii. Interferes with or compromises security measures. The accessing or attempting to access or breach any computer, electronic device, software, code, data, transmissions or content without consent; attempting to circumvent the user authentication or security of any host, network (including the Network Services), or account by accessing data, code or any other information not intended to be made accessible to another person; logging into or making use of a server or account that you are not expressly authorized to access; or probing or scanning the security or ports of other networks. These prohibitions also preclude the use or distribution of tools designed or used for compromising the security of the Network Services, ITS Communications Network, Equipment or other ITS Communications services, including, but not limited to, viruses, worms, time bombs, password guessing programs, decoders, password gatherers, encryption circumvention devices, or other programs that may damage, interfere with, secretly intercept or seize any system program, data or personal information without authorization.

iii. Harms or attempts to harm minors. The use of, or allowing others to use, the Network Services in any way to harm or attempt to harm a minor, including, but not limited to, using the Network Services to access, post, store, transmit or disseminate minor pornography or obscene, indecent, graphic or profane materials involving a minor.

iv. Infringes the intellectual property rights of any person or entity. The uploading, downloading, posting, publishing, transmitting, reproduction, creation of derivative works of, or the distribution in any way of information, software, code, content or other material which is protected by copyright, patent, trademark or other proprietary right, without having permission of the owner or other right to such use under applicable law (whether through direct or contributory infringement, or inducement to infringe).

v. Interferes with Network Service performance. Restricting, inhibiting, interfering or otherwise interrupting, disrupting or causing performance degradation, regardless of intent, purpose or knowledge, to the Network Services or any ITS Communications (including ITS Communications supplier or vendor) host, server, network, node or service, or to any other facilities used to provide or deliver the Network Services. This prohibition precludes the connection of any Customer Premises Equipment, by any means, to the Network Services that may cause any of the above disruptions or otherwise violate this AUP.

vi. Resells or distributes the Service in violation of your ITS Communications Agreement. The resale of Network Services, redistributing the Network Services, or otherwise making the Network Service available to anyone outside the Network Premises through either intentional actions or failure to implement and maintain proper security in a manner that violates the Network Service Agreement. Network Customer may share authorized Network Services or access with Customer approved Users or contractors via a LAN, VPN or other remote access method as long as such access and usage does not violate this AUP or the Network Agreement.

vii. Transmits or causes the distribution of SPAM. Any commercial transmissions, mailings or messages must be in accordance with applicable law, including the CAN-SPAM Act, must not be considered “unsolicited SPAM or chain mail, and must not otherwise violate the Network Agreement. Network Customers may forward, transmit or distribute bulk commercial transmissions to intended recipients for Customer’s business purposes, including for advertising or promotion of the Network Customer’s business, when such recipients have authorized any such contact from the Network Customer.

viii. Tampers with the ITS Communications Network Equipment. Modifying or tampering with ITS Communications Network Equipment used in the provision of Network Services, or permitting any unauthorized person to service, access, modify or tamper with the ITS Communications Network Equipment, without written authorization by ITS Communications.

ix. Solicits illegal activity. Initiating, perpetuating, or in any way participating in any pyramid or other illegal soliciting scheme, encouraging others to accept fraudulent offers, or conducting any unlawful lottery or gambling activity.

x. Harvests identifiers without authorization. The facilitating of, or participating in, collecting identifiers of others without their prior express consent, including collecting responses from unsolicited messages or using any facilities of ITS Communications or other services to relay mail without the express permission of the account holder, site or service.

xi. Fraudulently misrepresents the truth. This includes the impersonation of any person or entity, engaging in address falsification, using an IP address or client Id not assigned to you, forging any other person’s digital or manual signature, misleading or misrepresenting a User’s true identity, or performing any other similar fraudulent activity. This section is not intended to prevent use of authorized screen or feature names while accessing the Network Services or participating in online activities, chat rooms or message boards.

CONSEQUENCES FOR AUP VIOLATIONS

Failure to comply with this AUP could lead to limitations on Network Service access; reclassification of the Network Services; or the suspension or termination of the Network Customer’s account, in addition to any other remedies available to ITS Communications. Some additional remedies may include, but are not limited to, the recovery of costs, fees or expenses associated with (i) investigation into AUP violations; (ii) response to complaints, subpoenas or other legal process; (iii) breach or system recovery; (iv) disconnection and/or removal of Network Services; or (v) any other activity ITS Communications may undertake due to an AUP violation. ITS Communications has the sole discretion and right to determine if certain conduct violates this AUP.

ITS Communications reserves the right to investigate suspected violation of this AUP. ITS Communications may also cooperate with legal authorities and/or third parties in such investigation or of any suspected or alleged crime or illegal activity. You agree to cooperate with any reasonable investigation into suspected violations of this AUP or illegal activity.

Any unauthorized access or usage of the Network Services or any violation of this AUP relieves ITS Communications of any obligations it may have to the Network Customer. ITS Communications prefers to advise Customers of any suspected AUP violations. However, depending on the suspected violation or activity, ITS Communications reserves the right to act immediately and without Network Customer notice to comply with legal process or to prevent, impede or stop the violation or activity to protect the Network Services, ITS Communications’s network and/or other persons or entity. Neither ITS Communications nor its affiliates will have any liability for taking such responsive action.

VIOLATION REPORTING

Any complaints involving a violation of this AUP should be promptly reported to ITS Communications.

USAGE DISCLAIMER

ITS Communications has no obligation to monitor the Network Services for authorized access and usage. We also do not exercise editorial control over any content, transmissions or other activity occurring via the Customer’s Network Services. ITS Communications disclaims all responsibility and liability for any access or use of the Network Services or any violation of this AUP, including any liability to a person or party due to any other person or party’s violation of this AUP.

Nevertheless, we reserve the right, but do not assume the obligation, to review or monitor usage of the Network Services, including bandwidth capacity and transmissions, and to remove any transmissions or Network Service access to ensure that a Network Customer’s account activity (i) adheres to this AUP; (ii) does not improperly restrict, degrade or compromise the integrity or security of ITS Communications’s network and its ability to offer and/or deliver Network Services or other ITS Communications services; (iii) does not potentially harm other ITS Communications Customers or users; and (iv) does not violate applicable law or subject ITS Communications to liability.

INDEMNIFICATION

In addition to any indemnification provided in the Network Agreement, Customer agrees to indemnify, defend and hold harmless ITS Communications and its affiliates, as defined in the Network Agreement, against all claims, demands, costs, expenses and fees (including reasonable attorney fees and any costs or fees for investigation of such claims or demands) resulting from (i) a Network Customer and/or User engaging in any of the Prohibited Uses or other violation of this AUP, (ii) a third party’s violation of this AUP when the violation occurs through the Customer Premises Equipment or to the Network Services on or through Customer’s Premises, (iii) violation by Network Customer or Users of any other ITS Communications policies related to the Network Services. This indemnification will survive following termination of the Network Agreement or Wireless Network Agreement, as applicable with the Customer.

NO WAIVER

The failure of ITS Communications to enforce any provision in this AUP shall not be construed as a waiver of the right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as close as possible, and all remaining provisions will remain in full force and effect.