The following Acceptable Use Policy (AUP) will set forth general and specific information in regards to the use of Vixile - Vixile Solutions infrastructure. Infrastructure in this regard will consist of, but not be limited to, bandwidth, transport, servers, switches, IP address and any other equipment that will transmit, receive or otherwise be a vehicle of transmission of data of any sort.

Further set forth in this document will be information about general acceptable and unacceptable use. It is the duty of all users of Vixile - Vixile Solutions offerings to read and thoroughly understand the information set forth in this document. We explicitly reserve the right to enforce this document and further reserve the right to add to, update, change, modify or otherwise deem at any given time, conduct unbecoming and act as we see fit.

Use Prohibited

Child Pornography - Child Erotica

Federal child exploitation statutes set forth the illegality of possession, production, reception, transport or distribution of any sexually explicit depiction of children.

Any user found to commit this type of abuse will have service suspended immediately until remedy or face service termination. Repeat offenders will be promptly terminated.

Illegal Use

Users may not transmit, retransmit or store materials in violation of any federal, state or local laws or regulations. Users may not abuse or fraudulently use products or services offered by Vixile nor allow/permit such use by clients or third parties. This includes but is not limited to trademark infringement, defamation, indecency or obscenity.

Network Filtering/Blocking

Users in violation of any provision set forth in this document may have content or traffic blocked or filtered as a remedy of abuse. Notification of such filtering/blocking likely will be sent to the user, however there is no guarantee that such notification will be sent. Filtering/blocking may be manual or automatic depending on the nature of the offense.

Email - READ CAREFULLY

The sending of bulk mail is ONLY permitted AFTER Confirmed Opt-In has been verified by the Abuse Desk. Starting such a mail campaign without the approval of Vixile's Abuse Desk will result in service suspension until verification and approval has been made. Complaints generated in regards to bulk mail are immediately deemed as proof that the recipient did not request such emails and therefore is considered abuse.

Prohibited:

• Spam. Sending Unsolicited Bulk Email (UBE) or Unsolicited Commercial Email (UCE) for any purpose whatsoever.
• Spamvertising. Having third parties send out UBE /UCE on any user's behalf to advertise URLs or any service on Vixile's network.

Users must configure any email server in such a way that it will not accept third party emails for forwarding such as an open relay. SMTP servers must be configured in such a way that any user must authenticate to send email.

Vixile's Abuse Desk will not send/forward complaints to users for the purposes of listwashing. Should a user have received permission from Vixile's Abuse Desk to run a true "Confirmed Opt-in" campaign, complaints will be handled in such a fashion that the sender may remove the recipient from their list after they have proven to the Abuse Desk that the user did opt-in. Any approved campaign found to be operating using third party "bought" lists where opt-in confirmation cannot provided, service will be suspended. Further, time stamps and IP addresses in a database with a recipient's mail address WILL NOT suffice as sufficient proof of Confirmed Opt-in. We will need to inspect the confirmation emails' headers to make sure @aol came from aol servers, etc. Recording a time stamp, email address and IP address is not Confirmed Opt-in.

DMCA -17 USC §512 "DMCA"

Violations of 17 USC §512 "DMCA" will be promptly handled by Vixile by means of notification. After receiving notification of DMCA violation(s), Vixile will act promptly to notify the infringer of the identified infringement. Should a user of Vixile not respond to the notice of our Abuse Desk, the infringed material will be blocked, filtered or otherwise be suspended until the user complies. Notice of infringement should be sent to abuse@vixile.com

Notification

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [As an electronic signature, Vixile's agent accepts facsimile/fax and digitized image of your signature attached to electronic mail.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. [Please include a URL such as http://... or ftp://... identifying the material or representative material. If possible specify any IDs, passwords, or other authorization required to access the material. Please specify date, time, and time zone from which the material was observed. Technicians may require time information in order to identify dynamically assigned internet locations.]
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Abuse

Hacking, cracking, distribution of viruses, fraudulent activities, network sabotage, pyramid schemes, phishing, and/or any conduct deemed illegal or unwanted shall be subject to suspension or termination. Users are responsible for the proper secure configuration of their services and are responsible for any damages caused by their neglect or exposure of vulnerabilities whether intentional or unintentional.

Release of Liability

Ability to restrict conduct, communication or content which might violate this Acceptable Usage Policy prior to introduction to Vixile's network is not practical. Vixile's failure or overlook of any violation of this AUP does not constitute a waiver of Vixile's rights.

Remuneration

Vixile users that violate this AUP or any provision herein may possibly incur fees in regards to clean-up or repair of any harmed devices, block listings, service interruptions, etc. Fees will be commensurate with the violation's severity.