Acceptable Use Policies

These are the Acceptable Use Policies (AUP) of Marketing Dynamics Associates' (MDA) upstream provider, ServInt Corporation (ServInt), and, consequently, of MDA. All clients of MDA must abide by these policies. MDA reserves the right to change and update these policies as it sees necessary.

Introduction

The primary purpose of MDA is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is MDA's intention to allow MDA users complete access to everything the Internet has to offer, with minimal or no interference from MDA.

However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as MDA, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because MDA runs multi-user systems, actions of one MDA customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all MDA users.

To this end, ServInt has developed these AUP. They are intended to inform MDA's Customers of what MDA considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions MDA may take, with or without notice, in the event that MDA becomes aware of inappropriate use of MDA's service. These AUP will be used to help MDA system administrators deal with complaints from users of MDA or other Internet-connected systems, and to determine when action should be taken. It is expected that all MDA Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of MDA's technical resources, ability to continue to provide high quality service to its Customers, and the protection of MDA's reputation as a service provider.

ACCESS TO MDA'S INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimers

MDA Internet Service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to MDA or any information or software therein. You release MDA from and MDA shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the MDA services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by MDA's own negligence. Without limiting the generality of the foregoing, MDA disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the MDA services. In no event shall MDA's aggregate liability exceed the amount paid by you to MDA for the MDA services. Use of any information obtained via MDA's Internet service is at the user's own risk. MDA specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

1.1

UNDER NO CIRCUMSTANCES SHALL MDA BE LIABLE FOR ANY INCIDENTAL, UNCONSEQUENTIAL, OR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF MDA WAS INFORMED OF OR OTHERWISE AWARE OF THE POSSIBILITY THEREOF. In no event shall MDA's liability for direct damages incurred for any reason and upon any cause of action arising from or relating to this Agreement or the subject matter hereof exceed the fees paid to MDA by Customer hereunder in said term in which the damages are incurred.

1.2

MDA warrants that the services it performs in maintaining its Internet services will be rendered in a competent, professional manner. MDA does not warrant and specifically disclaims any representations that its Internet service will meet Customer's requirements or that their use will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, MDA DISCLAIMS ALL OTHER EXPRESSED WARRANTIES AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MDA's limited warranty set forth herein is in lieu of all liabilities or obligations of MDA for damages arising out of or in connection with its Internet services.

1.3

MDA is not obligated to verify the accuracy of any information contained on Customer's page or verify that the information is any other way proper and acceptable, provided, however, that MDA reserves the right to:

• A) Modify or delete any information or graphics supplied by Customer in order to comply with current and future technical limitations and business requirements of the Internet service.
• B) Modify, delete or suspend dissemination or display of any information or graphics supplied by Customer if MDA receives any complaints about Customer's information or advertising:
• (i) being false, deceptive, unfair or inaccurate;
• (ii) violating another's intellectual property right; or
• (iii) containing language which defames or libels another or another's works.
• C) Suspend dissemination and display of the Customer's Internet page, if Customer has not made a payment as required by this Agreement, or if MDA determines that the information on the Customer's Internet page will damage the reputation of MDA.

2. Security

The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. MDA will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. MDA is not liable for any usage and or charges prior to MDA making the necessary account alteration. Electronic mail on this system is as private as we can make it. MDA's Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted ­ and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

MDA is not responsible for any Customer's personal files residing on MDA. The Customer is responsible for independent backup of the Customer's data that is stored on MDA. MDA reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between MDA and the Customer.

4. Non-Transferability of Account

The right to use MDA's Internet service is not transferable. Use of MDA accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by MDA (i.e., IP addresses and Class C address space) are the property of MDA and are considered to be loaned to its customers. In the event service with MDA is discontinued for any reason, such addresses will revert to MDA. If a Customer of MDA participates in a service of MDA which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by MDA.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of California, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on MDA's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on MDA. The Customer shall defend, indemnify and hold harmless MDA from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the MDA service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with MDA or MDA's Acceptable Use Policies. At MDA's discretion, MDA may revoke any Customer's access to MDA services or accounts for inappropriate usage.

6.1

Customer represents and warrants to MDA that Customer owns or otherwise has the right to display and disseminate the information and content provided on the Customer's Internet page, and that such information and content does not infringe on the intellectual property rights of any third party. Customer represents and warrants that it has obtained, and currently has, any and all grants of rights from third parties which may be required to display text, graphics or other materials in the information contained on Customer's Internet page.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by MDA and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, MDA reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a MDA Customer as described in (A) and (B) below before such postings are forwarded:

• A) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic, according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate, including articles used for marketing or promoting a site which resides on the MDA network (Inappropriate Postings).
• B) Sending Unsolicited Business Emails (Spam) from MDA's Network. Spam is defined as 20 or more unsolicited messages sent simultaneously.
• C) Engaging in either Inappropriate Postings (a) or Spam (b) from a provider other than MDA for the express purpose of marketing a site which resides on the MDA network, or promoting a site on MDA's network through Spam from a non-related network. These tactics are defined as Spamvertisement.
• D) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by MDA.
• E) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.
• F) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
• G) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
• H) Use of IRC bots or clonebots on MDA, whether on IRC servers controlled by MDA or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
• I) Network unfriendly activity: Attempts to interfere with the regular workings of MDA's systems or network connections or which adversely affect the ability of other people or systems to use MDA services or the Internet, including, but not limited to:
• (i) any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other MDA system;
• (ii) any use of this or any other MDA system as a staging ground to disable other systems.
• J) Any activity which violates the laws or statutes of the United States, the State of California, or the Commonwealth of Virginia.

8. Excess Utilization of System or Network Resources

MDA account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event MDA determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by MDA to adversely affect MDA's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-mail as soon as practicable.

9. Compliance with Rules of Other Networks

Any access to other networks connected to MDA's Internet service must comply with the rules for that other network as well as with MDA's rules.

10. Monitoring/Privacy

MDA reserves the right to monitor any and all communications through or with MDA facilities. Customer agrees that MDA is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for MDA employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. MDA also reserves the right to access a Customer's mailbox or other files stored on MDA systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

MDA reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

MDA will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that MDA's judgment as to the validity of any court order of subpoena shall be considered proper and final.

13. MDA's Right to Suspend or Cancel Account

MDA reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of MDA that the Customer may be performing activities harmful to MDA or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages

MDA reserves the right to collect damages (software, hardware and man hours) if any harm is done to MDA which requires repair or reconfiguration of any kind.

15. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action MDA may take or remedies available to MDA in any way with respect to any of the described conduct. MDA reserves the right to take any additional actions MDA may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the MDA service, and levying cancellation charges to cover MDA's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, MDA reserves at all times all rights and remedies available to MDA with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and MDA reserves the right to enforce such policy or rule at its sole discretion.

16. MDA's Right to Change Service

MDA reserves to right to change without notice the MDA service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. MDA's Right to Modify its Acceptable Use Policies

MDA may modify its Acceptable Use Policies upon notice published online via MDA. Customer's use of MDA services after such notice shall constitute Customer's acceptance of the modifications to these policies.

18. Indemnifications

Customer agrees to defend, indemnify and hold harmless MDA and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to:

• A) Any acts or omissions by Customer undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any branch of:
• (i) any Customer warranties, representations, or covenants hereunder;
• (ii) inaccuracy of any information, including false advertising claims and unfair competition claims;
• (iii) claims and investigations made by any Federal or State agency arising out of information contained on the Customer's Internet page.
• B) Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).

19. Miscellaneous Provisions

19.1 - Prevention of Performance

The parties shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment of software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.

19.2 - Entire Agreement

This instrument embodies the whole agreement between the contracting parties. There are no promises, representations, conditions, or terms other than those contained herein.

19.3 - Severability

The provisions of this Agreement are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable, consistent with the manifest intentions of the parties. If such a construction or limitation is not possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will remain valid and enforceable.

19.4 - Amendments

No modification, change, or alteration of this Agreement shall be effective unless in writing and signed by the parties hereto.

19.5 - Waiver

Failure by either party to insist upon the strictest performance or observance of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement shall not be construed as a waiver of any right or remedy with respect to any existing or subsequent breach or default.

19.6 - Notices

Any and all written notices, communications, or payments shall be made to the respective parties at their addresses indicated in the first paragraph of this Agreement or at such other address as a party may indicate in a written notice to the other party to this Agreement.

19.7 - Governing Law

This Agreement shall be governed by the internal laws of the State of California and the Commonwealth of Virginia and the parties hereto agree that the courts in the State of California and the Commonwealth of Virginia shall have jurisdiction for any claims or disputes which may arise hereunder.