In using our Services or visiting our Web Site, we require that you agree to and abide by the terms and conditions of our Acceptable Use Policy ("Policy").

If you have already accepted and agreed to one of our Services agreements, then you are covered by that agreement, which incorporates the terms and conditions of this Policy. Otherwise, our Acceptable Use Policy applies when visiting our Site. If for whatever reason you feel you can not agree to and abide by all of the terms and conditions of this Policy, then please exit our Site. You are responsible for continual compliance with this Policy as well as any amendments to it posted on our Site.

Abusive Uses

You agree to use UltraDNS Services only for lawful purposes. UltraDNS reserves the right to terminate any customer account or agreement for which (i) an UltraDNS hosted domain is found to be pointing or otherwise directing traffic to any material in violation of any U.S. or state statute or regulation, and/or (ii) the Service(s) is used to point to Web Sites or locations that create, transmit, distribute or store material that:

• Violates U.S. trademark, copyright, trade secret or other intellectual property law;
• Violates the privacy, publicity or other personal rights of others;
• Violates U.S. export control laws;
• Impairs the privacy of communications;
• May be threatening, abusive or hateful; or
• Encourages conduct that would constitute a criminal offense or give rise to a civil liability.

Additionally, any misuse of UltraDNS Services or resources that disrupts the normal use of our system is strictly prohibited. Abusive uses, including facilitating, aiding or encouraging such uses, may lead to termination of the customer account or agreement. Any attempts to penetrate UltraDNS security will result in the immediate termination of the customer account and agreement without notice, as well as notification of appropriate law-enforcement agencies.

Unacceptable Uses

The following violations of "netiquette," which we actively encourage our customers and users to report to us, are grounds for immediate suspension of Service(s) pending our own investigation and will result in termination of the account(s) and agreement(s) if the investigation determines, in our sole judgment, that the customer has originated or is any way responsible for such activities:

• Posting a single article or substantively similar articles to an excessive number of newsgroups (which may, by example, include deliveries to more than 10 newsgroups under certain circumstances) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter, or the article provokes complaints from the readers of the newsgroup for being off-topic) using an UltraDNS-hosted domain, or posting such messages through an UltraDNS Service.
• Sending unsolicited e-mailings, bulk commercial advertisements or informal announcements (which may, by example, include deliveries to more than 10 individuals; generally known as or considered SPAMMING), whether or not such activities provoke complaints from the recipients.
• Engaging in SPAMMING from a provider other than UltraDNS Corporation and using UltraDNS-hosted Services as a response point.

Content

You are entirely responsible for all content or information you directly or indirectly deliver to or pass through UltraDNS's Web Site. UltraDNS exercises no control over, and accepts no responsibility for such content or information, including, without limitation, content provided on any third-party Web sites linked to the UltraDNS Web Site. Any such links are provided as navigation tools for informational purposes only and not as an endorsement by UltraDNS of the contents of such Web sites. UltraDNS does not adopt nor warrant the accuracy of or the content of any linked Web site and undertakes no responsibility to update such content.

Consequences of Unacceptable Use

UltraDNS reserves the right to suspend or terminate access to the Service(s) upon notice to you by UltraDNS of a violation of this Policy. Failure to promptly correct such violations and comply with this Policy may result in termination of your account(s) with no refunds offered. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of this Policy by you. It is a violation of this Policy to use the services of another provider for the purposes of facilitating any of the unacceptable use activities described in this Policy if such use of another provider's service could reasonably be expected to affect the Service(s).

Indemnity

You agree to indemnify and hold harmless UltraDNS, its officers, directors, employees, and agents from any losses, damages, costs or expenses resulting from any third-party claim or allegation ("Claim") arising out of or relating to any Claim which, if true, would constitute a violation of this Policy.

A suspension of service means that you will not be able to access or use any Service(s) we are providing to you until our investigation of an activity in violation of this Policy is completed. We recognize that excessive delay during investigations may be detrimental and we will use all reasonable efforts to pursue any such investigations.

Customers and Site visitors acknowledge and agree that UltraDNS may amend this policy at any time by posting the amended terms on the ultradns.com Web Site and that such amendments shall be effective for all use of the UltraDNS Web Sites, and are binding upon the customer or visitor upon such posting. If you do not agree with these terms, conditions, and policies, then immediately send e-mail to abuse@ultradns.com or fax us at (650)227-2662 or call us at (650)227-2000 to terminate your account and agreement.