AUP

NewMedia Acceptable Use Policy ("AUP")

This agreement ("Agreement") is between wholesale hosting service provider New Media Solutions, Inc. ("NewMedia!") at 1925 Blake Street, Suite 101, Denver CO 80202 USA and the Customer or Hosting/Internet Service Reseller ("Customer") specified in the invoice referenced herein ("Order"). The agreement is made effective as of the date of the order.

By using services ("Services") provided by NewMedia!, Customers agree to comply with the Acceptable Use Policies outlined in this agreement (AUP) and also to indemnify NewMedia! against any claims arising from any violation of this Policy as per sections 13 and 14 of the NewMedia! Master Service Agreement.

The Order for hosting represents a binding contract between the Customer and NewMedia! Per the Master Hosting Agreement the following sections should be taken into consideration prior to entering into such contract, as they relate to termination of service by the Customer, or by NewMedia!:

4.3 Cancellation Policy - All hosting payment terms, unless otherwise negotiated, are on a quarterly, 6-monthly, or 12-monthly basis. There are no partial refunds or credits for early cancellations. All payments to NewMedia! are final and non-refundable.

20. Money Back Guarantee - NewMedia! offers a limited Money Back Guarantee to all new clients. The purpose of this guarantee is to allow clients to experience NewMedia!'s services and determine that they meet or exceed industry standards. To this end, if and only if NewMedia! has not met industry standards for service performance and reliability during the first 72 hours of a new hosting account being online, NewMedia! will refund the client's hosting fees. This refund will not include any setup fees or hourly support fees paid to NewMedia!. In all other circumstances monies paid to NewMedia! are final and nonrefundable.

NewMedia! reserves the right to make changes to this Acceptable Use Policy at any time without notice, and those changes will be effective immediately upon posting to NewMedia!'s web site at: http://www.NewMediaDenver.com. NewMedia! Customers agree to and are responsible for regularly reviewing this Policy. Continued use of NewMedia! services following any changes shall constitute acceptance of those changes by Customer.

This policy recognizes the fundamental fact that no one owns or controls the Internet. NewMedia! cannot monitor or control all activities of our Customers and their clients. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. Customers, not NewMedia!, assume all responsibility relating to their Internet activities including, but not limited to:

• Aspects of the Customer's business
• Content and data provided by or through a Customer
• Customer's computer and communications systems needed to access the Services
• Results obtained from using NewMedia! Services
• Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services
• Use of the NewMedia! services by Customer's end users
• Compliance with this Acceptable Use Policy by the Customer and Customer's end users

Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy.

Customers will violate this Policy when they or their affiliates engage in any of the following activities:

Network Impace/Outage/Abuse
Using the NewMedia! network in any way that adversely affects other NewMedia! Customers is strictly prohibited, whether intentional or otherwise. This includes but is not limited to:

• Gaining or attempting to gain unauthorized access to servers or services. Such attempts include but are not limited to: "Internet phishing scams" (tricking other people into releasing their passwords or other confidential information or data), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
• Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses.
• Using IP addresses which were not assigned to them by New Media.
• Running Internet Relay Chat (IRC) servers, bots or clients.

Illegal Content
Accounts may be terminated that include content or where links are provided to content that:

• Is unlawful.
• Is considered offensive by the web community in general.
• Promotes injury or physical harm against any group or individual.
• Promotes or teaches illegal activities.
• Exploits or depicts children in a negative or sexual way.
• Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including but not limited to: pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
• Violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.

SPAM or Unsolicited Commercial Email
NewMedia! has a zero tolerance policy for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. NewMedia! Customers cannot send SPAM or UCE and cannot host sites or information advertised in SPAM or UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure CGI scripts).

Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, NewMedia! will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, NewMedia! will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter.

PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS. NewMedia! reserves the right to apply a minimum USD $250 per complaint investigation/resolution charge.

NewMedia! Administrative Login and Management Software
To facilitate data center/network/server management, inventory and related activities, NewMedia! dedicated and shared servers include a NewMedia! administrative account and password and/or a NewMedia! daemon. All reasonable precautions are made by NewMedia! to maintain the security of these tools and the privacy of client data. Customers cannot tamper, hinder, delete, or in any way change the functioning of these tools. To do so intentionally or otherwise is a violation of this agreement and is grounds for the immediate suspension and/or termination of a Customer's account.

Account Cancellation
This Acceptable Use Policy (AUP) is not exhaustive. NewMedia! has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.

Release of Liability
In the event that Customers wish to take possession of their website code, host it on 3rd party servers, or allow full administrative access to non-NewMedia! personnel, we will require a signed Release of Liability agreement, a sample of which follows:

"Full Release of Liability Agreement

This agreement is entered into by and between New Media Solutions, Inc.
(hereinafter referred to as NewMedia) and _________________________________, (hereinafter referred to as the Client).

The Client seeks to utilize FULL ADMIN RIGHTS AND CODE ACCESS to move/modify/update/enhance their website: _______________________________. The Client acknowledges that it has spent time thoroughly reviewing the website and that, based upon such review, agrees that the website is in complete, functional, satisfactory working order, and hereby accepts it as such.

By providing other organizations, companies or individuals the provision to access NewMedia-created code and deliverables, NewMedia cannot continue to provide guarantees as to the performance of this product. Therefore, in full understanding of and agreement with this fact, the Client hereby fully waives any right to relief in the event of any error, flaw, defect or deficiency that may at any time be determined to exist within the website code in any way, and agrees to hold NewMedia harmless from any claim or cause of action arising therefrom.

In the unfortunate event that the Client or their agent disrupts the website operationally, or needs assistance with the website in any way, NewMedia agrees to work with the Client to help restore from the site backup file(s), if available, or to perform other repair/redevelopment assistance, at NewMedia's then prevailing hourly rate, as reasonably feasible given NewMedia's production workload at the time of request.

This agreement is final. This agreement may be executed in any number of counterparts, each of which will be deemed to be an original. This agreement is bound by the laws of the State of Colorado. In the event that legal action is required to enforce any provision of this agreement, the prevailing party shall be entitled to all legal expenses incurred, including but not limited to costs and attorney’s fees.

Authorized and Approved by:

_______________________________
Client Name & Title
_______________________________
Authorized Signature
_______________________________
Executed Date "

Additional Fees
NewMedia! reserves the right to charge investigation/resolution/cleanup fees related to any AUP violation activity. Standard NewMedia! investigation/resolution/cleanup fee is a minimum of $500, and may increase depending on circumstances/intent. Additional hourly fees, charged at NewMedia! standard rates, may also apply.