This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Durubata Hosting ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The purpose of Durubata Hosting's Acceptable Use Policy (the AUP") is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Durubata Hosting. Durubata Hosting reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at

http://www.durubatahosting.com/lp.aspx

In order to maintain an informative and valuable service that meets the needs of the users of this site and Durubata Hosting Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and Durubata Hosting reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to

http://www.durubatahosting.com/lpaup.aspx

or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.

Adult-oriented sites demand special system, network, and bandwidth requirements. Durubata Hosting does not accommodate those extraordinarily large requirements in its standard shared, e-commerce, reseller, and semi-dedicated hosting plans. Therefore you may not use Durubata Hosting's services for adult-oriented and pornography sites. This includes sites that may include sexual content, or links to adult content elsewhere.

Where allowed by applicable law, Durubata Hosting does not prohibit you from posting a static Web page that meets all of the following criteria:

If you have a reseller account with Durubata Hosting, you may not resell our hosting services to any clients or customers that sell adult content.

If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.

Terrorist Content Prohibited.

3.13.1. The United States Homeland Security Act of 2002 defines "terrorism" as

"any activity that-

(A) involves an act that-

(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and

(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States ; and

(B) appears to be intended-

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion; or

(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping."

(Pub. L. 107-296 (2002) § 2(15)).

3.13.2. You may not use Durubata Hosting's services to do

any of the following acts by any means:

3.13.2.1. engage in terrorism,

3.13.2.2. solicit any other individual or organization to engage in terrorism,

3.13.2.3. conspire with any other individual or organization to engage in terrorism,

3.13.2.4. help any other individual or organization to engage in terrorism, or

3.13.2.5. knowingly engage in commerce with any of the following individuals or organizations

3.13.2.5.1. those persons listed in the Annex to the Executive Order No. 13225 of President George W. Bush (September 25, 2001) (referred to in this AUP as "the Executive Order"), as it may be amended from time to time, a copy of which is available online at the following Web page:

3.13.2.5.2. foreign persons that the Secretary of State of the United States of America has determined have committed or pose a significant risk of committing acts of terrorism against the United States or its people;

3.13.2.5.3. businesses and organizations that the Secretary of State of the United States of America has determined are owned, controlled by, or acting on behalf of terrorists or persons suspected of terrorism; and

3.13.2.5.4. persons whom the Secretary of the Treasury of the United States of America , in consultation with the Secretary of State and the Attorney General of the United States of America , has determined are:

3.13.2.5.4.1. helping terrorists or suspected terrorists by giving them money, material, or technology; or

3.13.2.5.4.2. associated otherwise with terrorists or suspected terrorists.

3.13 .2.5.5. transactions that avoid or attempt to avoid the prohibitions of the Executive Order; and

3.13 .2.5.6. conspiracies to violate the Executive Order;

3.13.2.6. knowingly engage in transactions or dealings in money, goods, or services with terrorists, suspected terrorists, or terrorist organizations; or

3.13.2.7. make donations to terrorists and suspected terrorists.

3.13.3. While Durubata Hosting is not giving you legal advice or a consulting recommendation about how to comply with this no-terrorism policy or with the applicable laws that prohibit terrorism in the United States of America or in other countries, you may find the following general strategies helpful in complying with these requirements.

3.13.3.1. Verify the identity of any person who wants to buy goods, services, or information through your Web site. This includes, but is not limited to, the resale of hosting services if you have a reseller account with Durubata Hosting.

3.13.3.2. Check the names of any persons or organizations attempting to buy from your Web site against the Annex in the Executive Order.

3.13.3.3. Work with the company that provides transaction payment and fraud-prevention services for your e-commerce Web sites. The provider may be able to automate the identity checking for you.

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from Durubata Hosting. Durubata Hosting investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.

You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Durubata Hosting account or attempt to gain unauthorized access to another network or server.

Examples of system or network security violations include, without limitation, the following:

Durubata Hosting will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Durubata Hosting network, and shall be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Unsolicited commercial e-mail and electronic messages are colloquially referred to as "spam." Other common names for spam include "spam e-mail," "junk e-mail," "bulk e-mail," "direct e-mail," and "mass e-mail." Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.

In its most general terms, and as used in this NO-SPAM Policy (the "Policy"), spam is:

If you choose to use an "opt-in" e-mail list, please be aware that Durubata Hosting will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.

Furthermore, Durubata Hosting reserves the right to prohibit "opt-in" e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.

Durubata Hosting will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Durubata Hosting's services whether or not the message actually originated from our network.

Violation of this NO-SPAM policy will result in Durubata Hosting taking one or more of the following actions:

A warning via e-mail or telephone,

Suspension of your site until furthur notice,

Removal of DNS for the advertised/originating site, or

Temporarily blocking outgoing mail from your site.

Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.

Durubata Hosting reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Durubata Hosting Network.

PLEASE NOTE: The transmission of spamluding the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulationsluding the federal CAN-SPAM Act of 2003.

Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security's Web site at:

Acknowledge that you are placing data on servers, networks, and systems that reside physically in the United States. Such servers, networks, and systems are governed by United States law and not by the laws of other jurisdiction. As such, your rights to privacy are governed by United States law and the Durubata Hosting privacy policy. By ordering or using Durubata Hosting's services, you explicitly consent to this provision regarding privacy.

WHILE Durubata Hosting WILL MAKE REASONABLE EFFORTS TO PROTECT THE PRIVACY OF YOUR INFORMATION AND TO COMPLY WITH UNITED STATES LAW, PLEASE BE ADVISED THAT YOUR PRIVACY RIGHTS AVAILABLE UNDER UNITED STATES LAW AND THE Durubata Hosting PRIVACY POLICY MAY BE LESS THAN THOSE GUARANTEED BY THE LAWS OF THE COUNTRY WHERE YOU RESIDE.