Acceptable Use Policy

EZEE FIBER ACCEPTABLE USE POLICY (“AUP”)

Introduction

Ezee Fiber (“EZ” or “we” or “us”) is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and text messaging and preserving for all of its customers the ability to use Ezee Fiber’s network and the Internet without interference or harassment from other users. This Ezee Fiber AUP (“AUP”) is designed to help achieve these goals and is our official Acceptable Use Policy (AUP). It explains what behaviors and uses are acceptable or unacceptable in order to help protect our services, our customers, and the Internet community from irresponsible or illegal activities.

Customers who abuse or violate this AUP are subject to suspension or termination of the use of our networks and services at our discretion. Additionally, appropriate authorities may also pursue criminal action if illegal activity is involved.

By using IP Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for all users of the IP Services and the uses of the IP Services. Ezee Fiber reserves the right to change or modify the terms of the AUP at any time, effective when posted on Ezee Fiber’s ’s website at www.ezeefiber.com/aup. Customer’s use of the IP Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

Scope of the AUP

The AUP applies to any Ezee Fiber services that provide (or include) access to the Internet, including hosting services (software applications and hardware), or services that are provided over the Internet or wireless data networks (collectively “IP Services”).

Warranties/Disclaimers:

Your use of IP Services is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Access to the Internet may be dependent upon numerous factors, technologies, and systems, many of which are beyond our authority and control.

We make no warranties, express or implied, including but not limited to, those of merchantability or fitness for a particular purpose. This includes but is not limited to the loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions regardless of cause. Use of any information obtained through our network is at your own risk. We specifically disclaim any responsibility for the accuracy or quality of information obtained through our services. We will not be financially liable to you for any harm that may occur through your use of our services, regardless of whose fault it may be.

When using our services, you may be permitted to purchase goods, services, or otherwise receive charges from third parties. You are responsible for all activities and charges incurred.

Routine maintenance, periodic repairs, upgrades, and reconfigurations are required and typical of any network system. Such maintenance of our systems may occasionally result in temporary impairment or interruption of our services. As a result, we do not guarantee continuous or uninterrupted service. Prior to planned maintenance we may make reasonable attempts to publish warnings for potential service interruption, but we reserve the right from time to time to temporarily reduce or suspend service without notice.

If you authorize a minor to use your account, you are fully responsible for the online conduct of the minor, for controlling the minor’s access to and use of the Service, and for the consequences of any misuse. It is your responsibility to safeguard any personal identification number and password required to access the system. Your right to authorize others to use your account is not assignable or transferable.

Prohibited Activities

General Prohibitions: Ezee Fiber prohibits any use of IP Services that is in any way unlawful, harmful to or interferes with use of Ezee Fiber’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes any intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.

Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from or through the Ezee Fiber branded website or from a website that contains, depicts or supplies Ezee Fiber -branded content is a violation of this AUP.

Unlawful Activities: IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights: IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any proprietary content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Ezee Fiber or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Inappropriate Interaction with Minors: Ezee Fiber complies with all applicable laws pertaining to the protection of minors, including when known to Ezee Fiber, reporting cases of child exploitation to the National Center for Missing and Exploited Children and/or law enforcement. For more information about online safety, visit www.ncmec.org.

Child Pornography: IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Ezee Fiber at the following e-mail address: abuse@ezeefiber.com. Ezee Fiber Texas, LLC will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and/or law enforcement and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Spam/E-mail/Usenet Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.

Spam/E-mail or Usenet abuse is a prohibited use of IP Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:

• sending multiple unsolicited electronic mail messages or “mail-bombing” – to one or more recipient;

• sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;

• sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;

• sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;

• sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Ezee Fiber network or of the networks with which Ezee Fiber interconnects, by virtue of quantity, size or otherwise;

• using another site’s mail server to relay mail without the express permission of that site;

• using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;

• using IP addresses that the Customer does not have a right to use;

• collecting the responses from unsolicited electronic messages;

• maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;

• sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);

• using distribution lists containing addresses that include those who have opted out;

• sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;

• falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;

• using redirect links in unsolicited commercial e-mail to advertise a website or service;

• posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;

• intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;

• knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;

• using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

Security Violations

Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.

IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Ezee Fiber’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:

• unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;

• hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;

• impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);

• using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;

• distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);

• knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hi-jacking;

• engaging in the transmission of pirated software;

• with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer’s account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;

• using manual or automated means to avoid any use limitations placed on the IP Services;

• providing guidance, information or assistance with respect to causing damage or security breach to Ezee Fiber’s network or systems, or to the network of any other IP Service provider;

• failure to take reasonable security precautions to help prevent violation(s) of this AUP.

It is your responsibility to ensure that no unauthorized access is made through your equipment to our network. We want to avoid theft-of-service situations where our services are being used by parties whom we have not explicitly authorized. We may help you resolve a theft-of-service issue that occurs without your knowledge; however, we reserve the right to suspend or terminate your service and pursue criminal action if we find you have purposely shared your connection without our authorization.

You may not give out your account names or passwords to our servers for use by friends or others. This is also considered a violation of the terms of this policy.

Resale, lease, rental, and/or reassignment of our connection and hosting services is strictly prohibited.

Customer Responsibilities

Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. Ezee Fiber has no responsibility for any material created on Ezee Fiber’s network or accessible using IP Services, including content provided on third-party websites linked to the Ezee Fiber network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by Ezee Fiber of the content(s) of such sites.

Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.

AUP Enforcement and Notice

Customer’s failure to observe the guidelines set forth in this AUP may result in Ezee Fiber taking actions which may vary from a warning to a suspension or termination of Customer’s IP Services. When feasible, Ezee Fiber may, but is not obligated to, provide Customer with a notice of an AUP violation via e-mail and may allow the Customer to promptly correct such violation.

Ezee Fiber reserves the right, however, to act immediately and without notice to suspend or terminate affected IP Services in response to a court order or government notice that certain conduct must be stopped or when Ezee Fiber reasonably determines, that the conduct may: (1) expose Ezee Fiber to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of Ezee Fiber’s network or networks with which Ezee Fiber is interconnected, (3) interfere with another Ezee Fiber Customer’s use of IP Services or the Internet, (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to Ezee Fiber or Ezee Fiber’s Customers.

Ezee Fiber has no obligation to monitor content of any materials distributed or accessed using the IP Services. However, Ezee Fiber may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the Ezee Fiber network and its customers.

INDEMNITY:

To the fullest extent allowed by law, Customer agrees to defend and indemnity Ezee Fiber from and against any and all claims that are made or brought against Ezee Fiber by any person or entity arising from or related to any violation or alleged violation of this AUP by Customer or those for whom Customer is responsible.

This AUP and any IP Services are subject to and will be interpreted under the laws of the State of Texas.