5points.net, LLC ("5points")
Data Center Rules, Regulations and Conditions of Use

1. Customer shall not do any of the following or knowingly permit any of Customer's customers or authorized users, or other third parties, to do any of the following:

(a) restrict or inhibit any Customer of 5points or other user from using and enjoying the services provided by 5points (the "Services") and/or the internet, including, without limitation, (i) attacking or attempting to gain unauthorized access to servers and services that belong to 5points or its customers (i.e. computer hacking) and (ii) participating in behavior which results in reprisals that adversely affect the Services or other customers' access to the Services;

(b) post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component;

(c) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, including, without limitation, the U.S. export control laws and regulations;

(d) upload, post, publish, transmit, reproduce or distribute in any way information, software or other material obtained through the Services which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;

(e) upload, post, publish, transmit, reproduce or distribute in any way any component of the Services or derivative works with respect thereto;

(f) provide a hyperlink in Customer's web site to any web site which is known to contain (i) pornography of any form, (ii) illegal, pirated or copyrighted software or material or (iii) virii or any virus making software;

(g) engage in the practice known as "spamming", which is defined as (i) sending unsolicited e-mail to any person or persons, (ii) posting commercial ads to Usenet newsgroups and/or mailing lists that do not permit it, (iii) posting articles containing binary encoded data to a non-binary news group and/or mailing list, (iv) posting off-topic messages to newsgroups and/or mailing lists, and (v) excessive cross-posting to newsgroups;

(h) engage in violations of system or network security, including, without limitation, (i) unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the authorization of the owner of the system or network, (ii) unauthorized monitoring of data or traffic on any network or system without the authorization of the owner of the system or network, (iii) interference with service to any user, host or network, including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks and (iv) forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; and

(i) abuse or fraudulently use the Services in any way not specifically set forth above.

2. No food or drink allowed in the Data Center.

3. There shall be no smoking materials, soldering equipment or other sources of flame or smoke used in the Data Center

4. Access to any of Customer's equipment located in the Data Center shall be limited to Customer's Authorized Representatives with proper identification under escort by 5points.net personnel.

5. Use of grounding straps highly recommended.

6. Servers in racks should be closed.

7. Equipment in racks shall not be configured in a manner that will interfere with routine use of the rack (e.g. closing doors, routing cables.)