Webolution LLC Acceptable Use Policy

1. INTRODUCTION

Webolution LLC's Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Webolution LLC's Internet services (the "Services")-those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a periodic service fee to subscribe to the Services ("Members")-must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our Internet Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Webolution LLC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your Webolution LLC account or other actions as detailed in Section 3. This AUP should be read in conjunction with our Internet Service Agreement and other policies.

2. VIOLATIONS OF WEBOLUTION LLC'S ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

a. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.

b. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.

c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

e. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."

f. Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.

g. Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature are prohibited.

h. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Webolution LLC's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

i. Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Webolution LLC is registered under the Digital Millennium Copyright Act of 1998. If copyright or trademark infringement is suspected by anyone in relation to Webolution LLC or any Webolution LLC accounts immediately contact Webolution LLC's designated agent to receive notifications of claimed copyright infringements, Ron Harper, at Ron.Harper@goWebolution.com or by phone at 407.324.7229 (toll free 888.932.6588 or by mail at 4044 W. Lake Mary Blvd., Suite 104 #332, Lake Mary, FL 32746.

j. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

k. Reselling the services. Reselling the Services without Webolution LLC's authorization.

l. Network disruptions and unfriendly activity. Using the Services for any activity, which adversely affects the ability of other people or systems to use Webolution LLC Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

m. Other Activities -- Engaging in activities, whether lawful or unlawful, that Webolution LLC determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

3. REVISIONS TO THIS ACCEPTABLE USE POLICY

Webolution LLC reserves the right to revise, amend, or modify this AUP and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service.

WEBOLUTION LLC RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.

WARRANTIES

With respect to the services to be provided herein, the Customer acknowledges that Webolution LLC makes absolutely no warranties whatsoever express or implied. As a result, the Customer agrees that Webolution LLC shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

INFORMATION

The utilization of any data or information received by the Customer from the utilization of the service to be provided by Webolution LLC is at the Customer's sole and absolute risk. Webolution LLC specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.

DOMAIN NAME

If the customer acquires a domain name through Webolution LLC, then in such case the Customer hereby waives any and all claims for any reason which it may have against Webolution LLC, for any loss, damage, claim, or expense arising out of, or in relation to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of Webolution LLC's service to Customer.

RESTRICTIVE USE

The Customer may only use Webolution LLC's services for lawful purposes. In the event that at any given time, Webolution LLC believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Webolution LLC has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice or refund to the Customer:

a. Unauthorized distribution or copying copyrighted software and files (including MP3's, warez, cracks, ROMs, etc.), violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, terrorism, terrorism collaboration and other illegal activities. Webolution LLC reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.

b. We do not host porn/adult websites. We do allow erotic photography, erotic art and other adult material. You are responsible for making sure that you provide proper warnings and disclaimers concerning the contents of your website. Our definition of a porn site is a website that sells memberships to access adult images and video or a site that is solely setup to distribute adult images and video. Most porn sites in general tend to have a heavy load on the server because they attempt to attract as much traffic as possible to the site and the visitors to these sites in turn download a high volume of files. We avoid hosting any sites that may have an adverse affect on the performance of our servers and the sites they host. The Customer expressly understands and agrees that Webolution LLC is not liable for legal action taken against Customer sites that have content featuring nudity and/or of a sexual nature. If you're still not sure how we would classify your site, then contact us referencing the url of your site and we'll let you know if it is the type of site that we can host. Webolution LLC will not tolerate the use of any of our infrastructure for customers to download, upload, store or distribute any child porn material or any applications associated with the download, upload, storage or distribution of child porn material. Webolution LLC will cooperate with law enforcement in any investigation of any of our customers that are suspected of dealing in child porn.

c. In general, we do not host download sites, i.e. sites that exist specifically to enable people to download files, i.e. mp3's, ROMs, emulators, video games, cheats etc.

d. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission or attempting without authorization to enter into a secured computer system. Webolution LLC reserves the right to determine what is Internet abuse.

e. Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is otherwise a violation of this agreement. This includes referencing domains hosted on Webolution LLC servers in said spam. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Webolution LLC reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, Webolution LLC has the right to charge one dollar (US$1.00) per email recipient for any such activity.

f. Tortuous conduct such as posting of defamatory, libelous, slanderous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.

g. MUDDS, Listservers or any other Internet application that are not website specific, are specifically prohibited.

h. Any other misuses of the system resources, such as employing scripts or programs which consume excessive CPU time or storage space, permitting use of mailservers, mail forwarding capabilities, POP accounts, file managers, autoresponders or resale/outsource of access to CGI scripts installed on our servers and running malicous perl scripts is not permitted.

i. Attempting without authorization to enter into a secured computer system. Malicious hacking, cracking or otherwise altering of a site owned and operated by another person. Webolution LLC reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.

j. CGI script sharing with other domains is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

k. IRC software, IRC bots or Eggdrop bots are not allowed on our servers.

l. Customer installed chat rooms are not allowed on our servers.

m. Customer installed shell emulators.

n. Customer installed virtual servers, file systems or system binaries.

o. Mass mailings, scripts that send out mass mailings or any other kind of high-volume mailing activities.

p. Dating or personals scripts and scripts that send out anonymous email.

Webolution LLC reserves the right to modify or otherwise amend these terms without prior notice or warning.

UNILATERAL SERVICE REVOCATION

In the event that Webolution LLC may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Webolution LLC may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email.

INDEMNIFICATION

The Customer shall indemnify and hold harmless Webolution LLC from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against Webolution LLC and Webolution LLC's officers, directors, and employees for any service provided to Customer by Webolution LLC to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

CHANGES IN TERMS OF AGREEMENT

Webolution LLC reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

ENTIRE AGREEMENT AND UNDERSTANDING

This document and services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

RELATIONSHIP

The parties here to are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.

GOVERNING LAW

The laws of the State of Florida in the United States of America shall govern this Agreement. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Seminole County, Florida. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.

SEVERABILITY

In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.

CONFIDENTIALITY

Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of Webolution LLC and may not be utilized or released without the express written permission of Webolution LLC.

INTERPRETATION

The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/Internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto by placing an order telephonically, in writing and/or electronically.

Version 1.2

Adopted on 8 December 2003