Acceptable Use Policy

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This Acceptable Use Policy (“AUP”) governs the use of all Services provided by Summit V, Inc. (“Summit”) to its Clients under the Master Services Agreement (“MSA”). This AUP is incorporated into and made an integral part of the MSA.  Any capitalized terms that are not defined herein will have the same definition as the MSA.  A Client’s use and/or continuation of the Service constitutes acceptance of this AUP.

About this AUP

This AUP sets forth the guidelines by which all Clients and End Users are expected to conduct themselves in their use of the Services and Systems, and it describes the types of actions and content that are expressly prohibited.  It is intended to protect Summit (its employees, Services, and Systems) and all Clients and End Users from improper, inappropriate, abusive, or illegal activity.  Summit reserves the right to determine, in its sole and exclusive judgment, what activities are unacceptable under this AUP. The version of this AUP, available online here, is the most recent and currently binding version.

Responsibility for End Users

For the purposes of this AUP, Clients are solely responsible for the actions and activities of everyone to whom they provide access to the Services or Systems.  Therefore, where the term “Client” is used herein, it will also include all such Client’s employees, Affiliates, resellers, partners, and End Users.  It is a Client’s responsibility and contractual obligation to ensure that its employees, Affiliates, resellers, partners, agents, and End Users all comply with this AUP.

Responsibility for Content

Clients are solely responsible for the content that they upload to Summit’s Systems.  Summit does not review, edit, censor, or take responsibility for any information or material that Clients may create. Summit expressly disclaims all liability to Clients or any third parties, resulting from inaccurate, unsuitable, offensive or illegal content or transactions. Summit specifically reserves the right to refuse to provide the Service to Clients engaged in any Illegal Activities, Abuse of Services, Security Violations, Offensive Behaviors, Spamming, or who are otherwise in contravention of any term of this AUP.

Illegal Activities

Clients may only use the Services for lawful purposes.  The transmission, storage, or presentation of any information, data, or material in violation of any applicable law, regulation, or code via the Services is strictly prohibited (“Illegal Activities”).  Clients will not use the Services, Systems, or any component thereof in any manner which:

• Is criminal in nature;
• Violates any anti-spam legislation, including the U.S. Controlling the Assault of      Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), as      amended, and Canada’ Anti-Spam Legislation (CASL), as amended;
• Infringes upon a third-party’s Intellectual Property or other rights;
• Violates any applicable import or export control laws, regulations, and policies;
• Discloses personally identifying information of any third party without their consent;
• Is fraudulent, deceptive, or defamatory; or
• Instigates, promotes, or encourages any illegal activity, including soliciting the performance of any illegal activity, even if the activity itself is not performed.

This list of Illegal Activities is intended as a guideline and is not exhaustive.

Summit reserves the right to cooperate with law enforcement, the Department of Justice, and any applicable third parties of competent authority in the investigation of any alleged Illegal Activities involving any Client or End User and their use of the Services or the Systems.

Abuse of Services

Clients must be respectful of Summit’s other Clients and End Users when using the Services.  Any activity that interferes with or adversely affects the Services (including the use of or access to by any other Client, End User, or third party) is strictly prohibited (“Abuse of Services”).  Clients will not use the Services, Systems, network, or any component thereof, in any manner which:

• Is a material violation of the MSA;
• Accesses, monitors, or interferes with any third-party internet account, computer, systems, networks, data, or traffic without their consent;
• Collects, transmits, or uses information about any third party in a deceitful manner      or otherwise without their consent;
• Interferes with the normal operation of Systems on which the Services are hosted, or      otherwise consumes a disproportionate share of system resources (including, but not limited to, bandwidth);
• Forges, misrepresents, omits, or deletes message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message;
• Constitutes hacking, and/or subverting, or assisting others in subverting, the      security or integrity of the Services or Systems;
• Attacks the servers or systems belonging to any third party;
• Creates legal liability or other actual or potential material risk or harm to Summit, its Affiliates, or any other Client and End User; or
• Constitutes acting in any manner that might subject Summit to unfavorable regulatory action, subject Summit to any liability for any reason, or adversely affect Summit’ public image, reputation or goodwill, as determined by Summit in its sole and exclusive discretion.

This list of Abuse of Services is intended as a guideline and is not exhaustive.

Systems or Network Security Violations

Summit relies upon the Systems (including physical infrastructure and network) to provide the Services to all its Clients.  As such, any activity that compromises or affects the safety or security of the Systems is strictly prohibited (“Security Violations”).  Clients will not use the Services, Systems, network, or any component thereof, in any manner which:

• Accesses or uses any data, systems, or networks (whether belonging to Summit or any      third party) without proper authorization, including any attempt to ping, probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network);
• Interferes with the services, systems, host, or network, of any party (whether belonging      to Summit, Client, End User, or a third party) including mail bombing, flooding, deliberate attempts to overload a system, denial of service attacks, and broadcast attacks;
• Forges any TCP-IP packet header or any part of the header information in an email or      a newsgroup posting;
• Creates, uploads, sends, or otherwise disseminates malicious code, Internet viruses, worms, or Trojan horses;
• Is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services and Systems (or any connected network, system, service, or equipment) or conduct their business over the Internet.

This list of Security Violations is intended as a guideline and is not exhaustive.

Summit reserves the right to take immediate action to suspend or terminate a Client’s account if, in Summit’s sole and exclusive determination, such Client is engaging in activities that jeopardize the security of the Systems, the security of other Clients, or of the Internet in general. Such Client may not be provided with advance notice that Summit is taking such action.

Offensive Behavior

Clients will conduct themselves in a professional and business-like manner in their use of the Services.  Clients will not use abusive or offensive language when addressing Summit’s employees or agents. Clients will not transmit, store, disseminate, or present any information, data, or material that, while technically legal, runs counter to Summit’s corporate principles or is generally considered materially objectionable in the Internet community.  This type of content includes, but is not limited to, racism, hate speech, threats, defamation, excessive violence, incitement to violence, harassment, depictions or descriptions of an obscene nature, violations of a person’s privacy, material that is malicious or morally repugnant.

Spamming

Spam is commercial e-mail that: (i) has not been requested by the recipient, (ii) is not compliant with the U.S. Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM Act) or the Canada Anti-Spam Legislation (CASL), or (iii) even if requested or compliant with the CAN-SPAM Act or CASL, causes other entities to block or blacklist Summit’s IP Addresses. Clients will not use the Services to send spam or to host a site that is advertised in spam (a spamvertized site). If Summit determines in its sole and exclusive judgment that any Client or any End User is involved in spamming, Summit will suspend or terminate such Client’s account as Summit deems necessary.

Summit uses industry standard methods to filter outbound e-mail sent via the Services for spam. Summit will use commercially reasonable efforts to inform a Client if any of Client’s outbound mail has been marked as spam and blocked. Clients should regularly review their outbound e-mail to determine whether any e-mail has been blocked. Clients have the option of using a spam filter to scan inbound e-mail. Clients should familiarize themselves with this technology and its use.  Summit is not responsible or liable for a Client’s spam filter settings.

Export Controls

The provision and use of the Services are governed by the applicable export laws, controls, regulations, and sanction policies of the United Nations, the United States, and Canada.  Clients will not use the Services to do business with, or export the Services (or the use thereof) to, any country, person, or group who is or was involved in or suspected of involvement in or affiliated with any activities or causes relating to: illegal gambling, narcotics trafficking, human trafficking, domestic or foreign terrorism, arms trafficking, or the proliferation of nuclear, chemical, or biological weapons, or any other weapons of mass destruction.

This list of export controls is intended as a guideline and is not exhaustive.

For more information on current export controls, please visit:

• United      Nations: https://www.un.org/securitycouncil/sanctions/information
• United      States: https://www.export.gov/article?id=Export-Control-Regulations
• Canada: https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/current-actuelles.aspx

IP Addresses

Clients may only use the IP addresses assigned by Summit. If a Client is using an IP address that was not officially assigned by Summit, the Service will be suspended until such time as the IP address overlap can be corrected. As between Summit and a Client, Summit owns all IP numbers and addresses that may be assigned to such Client. Clients may only use their assigned IP addresses as permitted by the MSA and this AUP.  Clients are not permitted to further assign or transfer any IP address(es) that may have been assigned to them.  Summit recycles IP addresses on termination of a Client Account.  Summit may change or remove IP numbers and addresses at its sole discretion.

Breach of this AUP

If Summit determines that a Client is engaging in, or the Services associated with Client have been used in, any activity that is in breach of this AUP, whether intentionally or unintentionally, Summit may, at its sole discretion and without prior notice, immediately suspend the Summit Services and the Client Account in whole or in part. Summit will promptly notify Client in writing upon suspending Services for breach of this AUP. A suspension for breach of this AUP may be implemented until the prohibited activity or threat has been remedied to Summit’s sole reasonable satisfaction. Service Fees will continue to accrue during the suspension and Client will ensure timely payment of all Service Fees due. Client will not receive a refund of any Service Fees already paid to Summit.  In addition, Client will be responsible for all costs, including labor and other resources, to remedy any damage done to the Systems or to attend to complaints received by Summit.  Client agrees to hold Summit harmless from any claims that a suspension or termination of Services for a violation of this AUP has damaged Client.

Reporting a Breach

If you have a good faith belief that a Client or End User has violated any term of this AUP, please contact the Summit Abuse Department at the address below. Your notice must contain, at a minimum, your first and last name, and either a working, monitored e-mail address, or a working, monitored, telephone number.  Notices sent to the wrong address will not be reviewed. We do not review anonymous complaints and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials.

Summit V, Inc.

Attention: Legal Department
201 South Main St, Ste 2200
Salt Lake City, UT, 84111

legal@Summit.com

Changes to this AUP

The Internet and the information and technology industry (including the laws, regulations, policies, and risks associated with them) are constantly and rapidly changing, and, as such, Summit reserves the right to update the AUP from time to time at its sole discretion to address those changes as they come into effect.  Summit may amend the AUP by publishing a revised version online here. Client’s continued use of the Services following publication or other notice of the amended AUP constitutes Client’s agreement and acceptance of the amendments.