This agreement ("Agreement") is between wholesale hosting service provider Numaria Ltd. ("Numaria") at 42 Strawberry Lane, Tiptree, Essex, CO5 0RX, England and the Customer or Hosting/Internet Service Reseller ("Customer") specified in the electronic order form annexed herein by reference ("Order"). The agreement is made effective as of the date of the order.

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

Numaria 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 Numaria's web site at: http://www.numaria.com.

Numaria Customers agree to and are responsible for regularly reviewing this Policy. Continued use of Numaria 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. Numaria 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 Numaria, 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 Numaria Services
* Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services
* Use of the Numaria 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 Abuse

Using the Numaria network in any way that adversely affects other Numaria Customers is strictly prohibited. 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 Numaria.
* Running Internet Relay Chat (IRC) servers, bots or clients, abusing system resources, torrent scripts.

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.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@numaria.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities

We reserve the right to refuse service to anyone. Any material that in our judgement that is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services.

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

SPAM or Unsolicited Commercial Email

Numaria has a zero tolerance policy for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. Numaria 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, Numaria 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, Numaria 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. Numaria reserves the right to apply a minimum £200 GBP per complaint investigation/resolution charge.

Numaria Administrative Login and Management Software

To facilitate data center/network/server management, inventory and related activities, Numaria VPS, dedicated and shared servers include a Numaria administrative account and password and/or a Numaria daemon. All reasonable precautions are made by Numaria to maintain the security of these tools and the privacy of client data. Customers cannot tamper, hinder, delete, or in anyway 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 of a Customer's account.

Purchases and Account Cancellation

PayPal purchases need to originate from a PayPal account that is either verified or has a confirmed address. This Acceptable Use Policy (AUP) is not exhaustive. Numaria 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.

Additional Fees

Numaria reserves the right to charge investigation/resolution/cleanup fees related to any AUP violation activity. Standard Numaria investigation/resolution/cleanup fee is £400 GBP or more depending on circumstances. In the case of SPAM activity additional hourly fees, charged at Numaria standard rates, may apply.