TierHost Acceptable Use Policy ("AUP") is designed to provide a clear understanding of the rules, regulations and restrictions regarding the use of TierHost services. By registering for and using TierHost services, and thereby accepting the terms and conditions ("TOS") Agreement or its equivalent, you agree to abide by the AUP. Any violation of the AUP may result in the suspension or termination of your account or such other action as TierHost deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations. TierHost reserves the right to modify the AUP at any time, effective upon either the posting of the modified AUP to TierHost web site ("Site") or notification of the modified AUP. TierHost reserves the right to refuse service to anyone at any time. Also, TierHost reserves the right to terminate service to any customer for any reason not prohibited by law.

Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All TierHost customers are subject to the requirements of the DMCA. Individuals or entities claiming that a TierHost customer violates DMCA must follow the below procedures. Copyright infringement submitted to TierHost according to these procedures will be reviewed and processed within 14 days of receipt.

Please submit your claim to the Legal department via the "DMCA Violation" form located on TierHost web site under Contact Us.

DMCA Copyright Infringement Requirements

• Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material claimed to infringe the copyright(s), and enough information for TierHost to locate it including URLs and specific descriptions of the infringing material at each URL.
• The Claimant's name, address, and telephone number(s).
• A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
• A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Tierhost customers who are the subject of a DMCA violation and meet the criteria below may be subject to account termination at TierHost's sole discretion.

TierHost takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited. The following activities are not allowed:

• Unsolicited bulk or commercial Email messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and charity requests. Such messages may only be sent to those who have explicitly requested it from your domain.
• Altering or removing electronic mail headers is prohibited.
• Sending numerous copies of the same or substantially similar Email message with the intent to disrupt a server or account ("mail bombing").
• Using Email to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome Email message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
• Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited.

Violators will be assessed a minimum fine of $250 and immediate suspension. TierHost reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. TierHost reserves the right to terminate the services, without prior notice, of any customer that violates this policy.

The legal owner of customers' Web sites and accounts with TierHost will be the individual or organization whose name is listed in TierHost's Billing System as the owner. In addition, we verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party, including username & password, or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site. Customers will fully cooperate with and abide by any and all of TierHost's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with TierHost.

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following: unauthorized access to or use of data, systems or networks; any attempt to probe, 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; forging of any TCP-IP packet header or any part of the header information in an email posting.

All web hosting accounts are limited in use of the amount of server resources. Server resource abuse includes any process or service usage that affects normal server operation, resources or connectivity, and which causes a server to become overloaded. Server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, PHP, HTTP, SMTP, POP3, and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

Use of TierHost's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use TierHost's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

TierHost servers may be used for lawful purposes only. Storage or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Customers are responsible for maintaining their contact information such that the email address and phone number is always reachable.

TierHost has a zero tolerance policy on child pornography. The use of TierHost's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. TierHost will cooperate fully with any criminal investigation into a customer's violation of the Child Protection Act of 1984 concerning child pornography. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.

Adult Pornography and sex-related merchandising are prohibited on TierHost servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

TierHost do not allow any IRC services, including but not limited to IRC clients or IRC bots, to be operated on any of our servers. Anyone found to be in violation of this policy risks immediate termination.

TierHost does not allow any customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted. However, TierHost provides tierChat Pro as an additional charge for qualified customers.

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. TierHost does not permit CGI script sharing with domains not hosted by TierHost or any scripts that may be abused.

Customers are required to use the TierHost network responsibly. This includes respecting the other customers of TierHost. TierHost reserves the right to suspend and/or cancel service with any customer who uses the network in such a way that adversely affects other TierHost customers.

TierHost is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do TierHost assume any responsibility through the AUP to monitor or police Internet-related activities. TierHost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

If you have any questions regarding the ACCEPTABLE USE POLICY as written here in its entirety, please contact our Legal Department.