The Acceptable Use Policy ("AUP") set forth below defines acceptable practices while using any of Yipes’ services over the Yipes network, including re-sold, off-network services (the "Service"). By using the Service, you acknowledge that you and your users and account holders (collectively "Customer") have read, understood, and agree to abide by the AUP as modified from time to time. This AUP is designed to help protect Yipes, Yipes’ customers and the Internet community in general, from irresponsible or, in some cases, illegal activities. The AUP is a non-exclusive list of the actions prohibited by Yipes and incorporates the terms and conditions of Yipes’ third party service providers’ acceptable use policies. Yipes reserves the right to modify the AUP at any time without notice, effective upon posting at http://www.yipes.com/yipes_acceptuse.shtml. Customer is responsible for monitoring this web site for changes.

Customer shall not use the Service for any unlawful purpose. Yipes reserves the right to immediately suspend Service of any customer in violation of any part of the Federal CAN-SPAM Act of 2003. The sending of any form of unsolicited bulk email ("UBE") through the Yipes network is prohibited. Similarly, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Yipes' network, is prohibited. The Service may not be used to solicit customers from, or collect replies to messages sent from other Internet service providers where those messages violate this AUP or that of the other provider.

In addition, Customers may not sell or distribute lists of "harvested" email addresses. Customers who provide or make use of a service employing referral IDs will be considered responsible for UBE sent by members of the referral ID service that makes reference to services provided by Yipes. Purchasing lists of email addresses from third parties for mailing through any Yipes hosted network, colocation or referencing any Yipes account is prohibited.

Customers sending bulk email, using Yipes services, may only engage in such activity through the use of "closed-loop opt-in" mailing lists, where this refers to lists obtained and assembled only by the sender and with the direct permission of the listed recipients. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. Customers who send bulk email must have a method of confirmation or verification of subscriptions ("Subscription Confirmation") and must be able to show evidence of such Subscription Confirmation to users who complain about receiving unsolicited email. Customer shall keep all Subscription Confirmations for each mailing list address for the duration of the existence and use of any mailing list and for a reasonable time after such use. Customer must provide a mechanism by which email recipients can submit requests to unsubscribe from any mailing list. Customer must honor all unsubscribe requests within 5 business days.

Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer's identity in connection with use of the Service is prohibited.

Customer shall not operate an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

Yipes does not monitor on-line content; nevertheless, Yipes may suspend Service in order to remove content that Yipes deems to be in violation of this AUP. The AUP applies to e-mail, USENET postings, chatting, and browsing. In the event Yipes is notified of the existence of child pornography being transmitted over the Yipes network, Yipes may immediately suspend Service.

In the event Yipes is notified of a violation of the Digital Millennium Copyright Act ("DMCA"), Yipes shall forward such complaint to Customer. Customer shall abide by the "takedown and notice" procedures set forth in the DMCA. Customer expressly indemnifies Yipes from any costs, liabilities, or damages resulting from Customer's failure to abide by the DMCA or this AUP. Yipes may, in its sole discretion, disable and/or terminate the accounts of users as a result of DMCA violation notices.

Unauthorized attempts by Customer to gain access to any account or computer resource not belonging to that Customer (e.g., "cracking") is prohibited.

Customer shall not obtain or attempt to obtain service by any means or device with intent to avoid payment. Customer shall not advertise, transmit, or otherwise make available any software, program, product, or service that violates this AUP or the AUP of any other Internet service provider, which includes, but is not limited to, the facilitation of the means to send UBE, initiation of pinging, flooding, mail-bombing, denial of service attacks.

Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any of Yipes’ customers or end-users by any means or device is prohibited.

Customer shall not engage in any activities that harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Yipes network or on another provider's network.

Customer shall not use the Service to interfere with the use of the Yipes network by other customers or authorized users.

Yipes does not monitor on-line content; nevertheless, Yipes may suspend Service in order to remove content that Yipes deems to be in violation of the AUP. The AUP applies to e-mail, USENET postings, chatting, and browsing.

Yipes implements DNS name resolving servers in each market for the purpose of providing DNS name resolution services ("DNS Service") to our direct customer base. Customer is not permitted to resell this DNS Service or to package it into a service or product that will in turn be resold to third parties. In addition, the DNS Service is to be used for the sole purpose of DNS name resolution. Customer is not permitted to query the DNS Service for any purpose other than a specific information request for use by Yipes direct customer and not to be-reused by a customer of Yipes’ direct customer, except when used for troubleshooting and diagnostics.

If Customer violates any provision of this AUP, Yipes reserves the right to immediately suspend the Service. In most cases, Yipes will attempt to notify Customer of any AUP violations and may request that Customer immediately cease such prohibited activity. However, in cases where the integrity of the Yipes network is threatened, where Customer violates the AUP of a Yipes’ third party service provider, or in cases involving request from law enforcement or governmental agencies or court orders, Yipes reserves the right to suspend or terminate Customer’s Service without notification. In addition, Yipes may take any other appropriate action, legal or otherwise, against Customer for violations of the AUP, including termination of the Yipes Service Agreement and/or any service order form(s) signed by Customer.

Customer Responsibility for Customer's Users
Each Yipes customer is responsible for the activities of its users and, by accepting service from Yipes, is agreeing to ensure that its customers/representatives or end-users abide by this AUP. Complaints about customers/representatives or end-users of Customer will be forwarded to Customer's Postmaster for action. If violations of the Yipes Acceptable Use AUP occur, Yipes reserves the right to terminate services with or take action to stop Customer from violating Yipes' AUP as Yipes deems appropriate, without notice.

Revised 2.20.07