A. General

Enterprise Solutions Consulting, Inc. (hereinafter "ESC Inc") provide a variety of information, Internet, network-, and technology-related services ("Services"). ESC Inc has formulated this Acceptable Use Policy ("AUP") in order to ensure the appropriate use of the Services and the ESC Inc network, systems, and facilities ("Infrastructure") by our customers, our customers' customers or end-users, and any other parties who use or access the Services or the Infrastructure (collectively, "Customers"). All Customers must comply with this AUP. ESC Inc reserves the right to change this AUP from time to time and will notify Customers by posting a revised copy of the AUP on the ESC Inc Web site at http://escmsp.com/policies.html . By using or accessing the ESC Inc Services or Infrastructure, Customers agree to be bound by the terms of this AUP.

B. Acceptable Use

Customers shall not use the ESC Inc Services or Infrastructure to transmit, distribute, or store material: (a) in violation of any applicable law, regulation, or judicial order; (b) that violates the terms of this AUP, the terms of any applicable agreement with ESC Inc, or any other ESC Inc policy applicable through the Agreement; (c) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by other ESC Inc customers; or (d) that may expose ESC Inc to criminal or civil liability. Customers shall cooperate with ESC Inc in investigating and correcting any apparent breach of this AUP. Customers shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Services or Infrastructure. In particular, but without limiting the more general prohibitions in this AUP, Customers shall not use the Services or Infrastructure, or assist anyone else to:

1. distribute, receive communications, or execute any action directed by any type of injurious code, including but not limited to: (1) viruses, worms, Trojan horses, (2) key loggers, (3) network or/and password sniffers, (4) malware, (5) botnets, (6) Denial of Service attacks, (7) flood or mail bombs, (8) logic bombs, or (9) other actions which ESC Inc reserves the sole right to determine to be malicious in intent. Furthermore, shall not use the Services or Infrastructure to transmit, distribute or store information or material that, as reasonably determined by ESC Inc, is (a) inappropriate, obscene (including child pornography), defamatory, threatening, abusive, advocating violence, or which violates a law, regulation, or public policy; (b) harmful to or interferes with ESC Inc's provision of Services, the Infrastructure, or any third party's networks, equipment, applications, services, or Web sites; (c) would infringe, dilute, misappropriate, or otherwise violate any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, service marks, trade secrets, or other proprietary information (including unauthorized use of domain names); (d) fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as "phishing"); or (e) violates generally accepted standards of Internet usage;

2. Attempt to disrupt, degrade, impair, or violate the integrity or security of the Services or Infrastructure or the computers, services, accounts, or networks of any other party (e.g., "hacking," "Denial of Service" attacks), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of ESC Inc IP space;
3. Transmit unsolicited bulk e-mail messages ("Spam"); having third parties send out Spam on any Customer's behalf; receiving replies from unsolicited e-mails (commonly referred to as "drop-box" accounts) or configuring any e-mail server in such a way that it will accept third party e-mails for forwarding (e.g., "open mail relay"). Bulk e-mail may only be sent to recipients who have expressly requested receipt of such e-mail messages via a "verified opt-in" process, which must be adhered to in its entirety for any bulk e-mail to be considered "solicited" by ESC Inc. Customers that send bulk e-mail must maintain complete and accurate records of all e-mail subscription requests (verified opt-ins), specifically including the e-mail and associated headers sent by every subscriber, and to immediately provide ESC Inc with such records upon request of ESC Inc. If a site has roaming Customers who wish to use a common mail server, the mail server must be configured to require user identification and authorization. Customers are also prohibited from using the service of another provider to send Spam in order to promote a site hosted on or connected to the Services or Infrastructure, and Customers shall not use the Services or Infrastructure in order to (a) send e-mail messages that are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, or (d) send malicious e-mails;

4. Violate any charters, policies, rules or agreements promulgated by any search engines, subscription Web services or Web pages, social networks, chat areas, USENET, or other services accessed via the Services or Infrastructure;

5. Violate the applicable Acceptable Use Policies of other ISPs when data, content, or other communications are carried across the networks of such ISPs;

6. Any conduct that is likely to result in retaliation against ESC Inc, or its employees, officers or other agents, including engaging in behavior that results in any server, device or any part of the ESC Inc Infrastructure being the target of a Denial of Service attack;

7. Engage in, attempt to engage in or conspire with others or solicit others to engage in domain name hijacking (e.g. cybersquatting).

8. Customer shall use only those IP addresses that are assigned to them by ESC Inc, and shall not use any IP addresses outside of their assigned range.

9. Shared Hosting Customers, VPS and Cloud Customers. Customer shall not use any mechanism to exceed the amount of Computing Resources assigned to them through the Services, or to conceal such activities. Customer shall not misuse system resources, such as, by employing programs that consume excessive Network Capacity, CPU cycles, or disk IO.

10. Internet Relay Chat (IRC) Service -- ESC Inc does not support the hosting of IRC servers or bots.

11. Denial Of Service Attacks -- ESC Inc reserves the right to null-route any IP address/subnet that is under a DoS or DDoS attack that is deemed disruptive to neighboring customers.

12. If we believe that a Customer intentionally created a security breach, or if we believe that Customer is engaged in transmitting unsolicited bulk e-mail messages ("spamming") or any other action as described in the above provision 1 of this AUP, the cost to resolve any damage to the Customer's server, neighboring customers or ESC Inc's Infrastructure will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $150 per hour. Furthermore, ESC Inc, at ESC Inc's sole discretion, may charge Customer and Customer shall pay up to $1,000 per each valid Unsolicited Bulk Email or Unsolicited Commercial Email ("UBE/UCE") complaint of which ESC Inc is notified.

C. ESC Inc's Rights and Remedies

ESC Inc has no responsibility for any material or information created, stored, maintained, transmitted, or accessible on or through the Services or Infrastructure and is not obligated to monitor or exercise any editorial control over such material. In the event that ESC Inc becomes aware that any such material may violate this AUP and/or expose ESC Inc to civil or criminal liability, ESC Inc reserves the right to investigate such material, block access to such material, and suspend or terminate any Services without liability. ESC Inc further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any Customer that ESC Inc believes is responsible for such violation. ESC Inc also reserves the right to implement technical mechanisms to prevent AUP violations. Nothing in this AUP shall limit in any way ESC Inc's rights and remedies at law or in equity that may otherwise be available.