Privacy Information

TERMS OF USE

1. Acceptance of Terms

1.1 Read the PacketExchange Networks ("PacketExchange Networks®") Terms of Use ("Terms") before you accept these Terms by using the www.PacketExchangenetworks.com Web site or any other Web site maintained by PacketExchange Networks ("Web site"). If you do not agree to all of the Terms, do not use this Web site.

1.2 The Terms are entered into by and between PacketExchange Networks and you. If you currently have in effect separate agreement(s) with PacketExchange Networks, such separate agreement(s) govern.

2. Disclaimer of Warranties

2.1 ALL INFORMATION PROVIDED BY PacketExchange, INCLUDING ON THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS, AND USE OF SUCH INFORMATION IS AT YOUR OWN RISK. PacketExchange DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

2.2 IN NO EVENT WILL PacketExchange BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE OR OTHER COMMERCIAL OR ECONOMIC LOSS.

2.3 NO INFORMATION OBTAINED BY YOU FROM PacketExchange, INCLUDING THE SITE AND THE SERVICES, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS.

3. Ownership by PacketExchange Networks

All content, including text, data, sound recordings, sound, photographs, graphics, video, or other materials ("Material") provided on this Web site is provided by or to PacketExchange Networks by its respective manufacturers, authors, developers and vendors (the "Third Party Providers") and is the copyrighted work of PacketExchange Networks and/or the Third Party Providers. Except as stated herein, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of PacketExchange Networks or the Third Party Provider. No part of the Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of PacketExchange Networks. You also may not, without PacketExchange Networks' prior express written permission, copy any Materials contained on this Web site on any other server, or use any PacketExchange Networks Marks for any purpose.

"PacketExchange Networks Marks" means any names, marks, brands, logos, designs, slogans, trademarks, trade dress and other designations PacketExchange Networks uses in connection with its products or services. With respect to PacketExchange Networks Marks, you are governed by the terms and conditions of the agreement(s) already entered into with PacketExchange Networks.

4. Material Submitted to PacketExchange Networks

Any Material provided by you in connection with this Web site shall be deemed to be nonproprietary and non-confidential unless otherwise explicitly stated in these Terms or in PacketExchange Networks' Privacy Policy located at www.PacketExchangenetworks.com/privacy_legal.html. PacketExchange Networks shall have no obligation of any kind with respect to such Material and shall be free to use or disseminate such Material on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Material that you submit, and you, not PacketExchange Networks, have full responsibility for the Material you submit, including its legality, reliability, appropriateness, originality and copyright.

5. Links

This Web site may be linked to other web sites which are not under the control of and are not maintained by PacketExchange Networks. PacketExchange Networks is not responsible for the availability or content of those sites, their advertising, products, or other materials on or available from such sites or resources. PacketExchange Networks provides these links as a convenience, and such provision does not imply endorsement by PacketExchange Networks of those sites. PacketExchange Networks is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

6. Forward-Looking Statements

This Web site contains forward-looking statements by PacketExchange Networks' management, which are based on current expectations. These forward-looking statements are subject to numerous risks and uncertainties. As a result, actual results may differ materially from what is expected. Please refer to PacketExchange Networks' most recent Form 10-K, Forms 10-Q and Forms 8-K and other filings with the SEC (www.sec.gov) for information concerning factors that may cause results to vary. PacketExchange Networks assumes no obligation to update PacketExchange Networks' forward-looking statements.

7. Notices

PacketExchange Networks may send notices to you via either email or regular mail for the purpose of advising you of any of PacketExchange Networks' products or services, for such other purpose(s) as PacketExchange Networks deems appropriate.

8. Privacy Policy

PacketExchange Networks respects your desire for privacy. PacketExchange Networks' Privacy Policy can be found at www.PacketExchangenetworks.com/privacy_legal.html, which may be modified by PacketExchange Networks from time to time at PacketExchange Networks' sole discretion. By using the Web site, you are consenting to the terms of our Privacy Policy. If we decide to change that policy, we will post the revised policy prominently on our Web site or otherwise bring it to your attention, so that you are always aware of what we do with your information.

9. Copyright Policy

PacketExchange Networks respects the intellectual property of others, and we ask our customers and visitors to our Web site to do the same. At our discretion and in appropriate circumstances, PacketExchange Networks may terminate or suspend service to customers who repeatedly infringe upon the copyright, or other intellectual property rights, of others.

If you believe that PacketExchange Networks or one of its customers has copied your work in a way that constitutes copyright infringement or other violation of your intellectual property, please send written notice to copyright@PacketExchangenetworks.com or PacketExchange Networks Corp., Attention: Legal Department - Copyright, 818 W. 7th Street, Los Angeles, California 90017.

10. Governing Law

This Agreement is made under and will be governed by and construed in accordance with the laws of the State of California, United States of America (except that body of law controlling conflicts of law).

Privacy Information

PacketExchange Networks Inc. on behalf of PacketExchange Corp, NA.
Adopted and Made Effective January 1, 2002
Revised December 13, 2004

Agreement

This Acceptable Use Policy (hereafter referred to as "AUP") sets forth the principles and guidelines that govern the use of PacketExchange Network's (hereafter referred to as "PacketExchange") Internet Backbone, Equipment, Servers, Bandwidth, Disk Space or any other form of PacketExchange property by any person, Internet User, client of PacketExchange, whether licensed and authorized to use said Services or not.

By using any Equipment, Servers, Bandwidth, Disk Space or any other property of PacketExchange, including the PacketExchange IP backbone network, the entity (hereafter referred to as "User") using said property agrees to all of the terms and conditions of this AUP.

Compliance With Law

Users shall not post, transmit, retransmit or store material on or through any of PacketExchange's system, services or products that: (i) is in violation of any local, state, federal or non-United States law or regulation; (ii) threatening, obscene, indecent , defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"); or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licenses for use by User.

Principles and Guidelines

This AUP identifies the actions that the PacketExchange considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this AUP, User may only use the PacketExchange's systems, services and products in a manner that, in the PacketExchange's sole judgement, is consistent with the purposes of such systems, services and products. If a User is unsure whether a contemplated use or action is permitted under the AUP, the User should e-mail PacketExchange with a description of the proposed use at policy@PacketExchange.net for a determination as to whether the use is permissible under this AUP. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes.

The following uses of PacketExchange's systems, services and products as described in subsections A through E are expressly prohibited:

A. Prohibited Actions: General Conduct

1. Transmitting on or through any of PacketExchange's systems, services, or products any material that is, in PacketExchange's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that may constitute a criminal offense, may give rise to civil liability, or otherwise may violate any local, state, national or international law.
2. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulations or law, or by the common law.
3. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
4. Actions that restrict or inhibit any Person, whether a User of the PacketExchange or otherwise, in its use or enjoyment of any of PacketExchange's systems, services or products.
5. Deceptive on-line marketing practices.
6. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers (such conduct is ground for immediate termination and may subject the offender to civil or criminal liability).

B. Prohibited Actions: System and Network Security

1. Attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the User, logging into a server or account the User is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
2. Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which User is not an intended recipient or logging onto a server or account that User is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host.
3. Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet.
4. Executing any form of network monitoring which will intercept data not intended for User.

C. Prohibited Actions: E-Mail

1. Harassment, whether through language, frequency, or size of messages, is prohibited.
2. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam"). Users are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail, the User must not send that person any further e-mail. Mail sent to persons that have explicitly requested said mail must be in compliance with all applicable state and Federal laws.
3. Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
4. Malicious e-mail, including, but not limited to, "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail).
5. Unauthorized use of or modifying/forging mail header information.
6. Using a PacketExchange or a User account to collect replies to messages sent from another provider.
7. Use of unsolicited e-mail originating from the PacketExchange network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by PacketExchange, or connected via the PacketExchange network.
8. Willful failure to secure open SMTP ports so as to prevent the unauthorized use of User resources for the purposes of sending unsolicited e-mail by a third party.

D. Prohibited Actions: Usenet Newsgroups

1. Positing the same or similar messages to large numbers of Usenet newsgroup (Newsgroup spams or USENET spam).
2. Posting chain letters of any type.
3. Posting encoded binary files to newsgroups not specifically named for that purpose.
4. Cancellation or superseding of posts other than your own, with the exception of official newsgroup moderators performing their duties.
5. Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
6. Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.
7. Postings that are in violation of the written charters or FAQs for those newsgroups.
8. Posting of Usenet articles from the PacketExchange network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by PacketExchange, or connected via the PacketExchange network.
9. Failure to secure a news server so as to prevent the unauthorized use of User resources by a third party which may result in Usenet posts which violate this policy.
10. Advertisements posted in newsgroups whose chargers/FAQs explicitly prohibit them. The poster of an advertisement or other information is responsible for determining the etiquette of a given newsgroup, prior to posting to it.

Infractions/Breach of Contract

By not complying with the above terms and conditions of this AUP, User agrees to the following:

1. Prosecution under California and United States Law (as applicable);
2. User will financially compensate PacketExchange for use (whether authorized or not) of said Backbone, Servers, Equipment, Bandwidth and Disk space according to the current PacketExchange list prices;
3. User will pay PacketExchange $200.00 US Dollars per confirmed report of unsolicited email being sent to PacketExchange registered and licensed users;
4. User will pay PacketExchange $200.00 US Dollars per independantly-confirmed unsolicited email complaint found in violation of any state or Federal law requiring handling by PacketExchange's abuse and/or NOC personnel;
5. Other actions, not limited, as applicable.

Note: unauthorized usage of the PacketExchange.NET network, servers, and related services, INCLUDING without exception all prohibited acts above, including the sending of unsolicited email messages to PacketExchange users, WILL incur a mandatory $200.00 US Dollar hourly consulting fee, to repair and delete unauthorized files residing on the PacketExchange servers, handle unsolicited email complaints, and/or any other action required. This is IN ADDITION to the $200.00/email unsolicited email message fee and bandwidth and diskspace utilization fee as detailed above, as applicable.

Complaints

Complaints regarding abusive conduct may be reported by FAX to +1-213-947-1048, ATTN: Policy Review Board, or by mail to:

PacketExchange Networks, Inc. NA
Policy Review Board
600 Wilshire Blvd., Suite 1200
Los Angeles, CA 90017
USA

Complaints will also be accepted via e-mail, so long as a valid return address is included. PacketExchange must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.

PacketExchange's abuse team is reachable via email at abuse@PacketExchange.net.

Enforcement

PacketExchange may, in its sole discretion, suspend or terminate a User's service for violation of this AUP at any time and without warning. As a general matter, PacketExchange attempts to work with Users to cure violations and to ensure that there is no reoccurrence of the violation prior to terminating service.

Liability

In no event will PacketExchange be liable to any User or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if PacketExchange was advised of the possibility of such damages.

Miscellaneous

Modification of AUP: PacketExchange retains the right to modify the AUP at any time and any such modification shall be automatically effective as to all Users when adopted by PacketExchange.

Applicability of AUP: The actions listed herein are also not permitted from other Internet Service Providers. Deceptive marketing, as defined by the Federal Trade commission Deception Policy Statement, is not permitted through the PacketExchange services or network. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet).

PacketExchange Is Not Responsible For Content

PacketExchange is not responsible for the content of any USENET posting, whether or not the posting was made by a User of the PacketExchange.

Removal of Materials

At its sole discretion, PacketExchange reserves the right to remove materials from its servers and to terminate internet access to Users that PacketExchange determines have violated this AUP.