Acceptable Use Policy

Effective Date: January 1, 2005

This Acceptable Use Policy specifies the actions prohibited by Rockefeller Group Technology Solutions, Inc. (formerly Rockefeller Group Telecommunications Services, Inc.) and its affiliates, RGTS-USA, Inc., Rockefeller Group Communications, Inc., and RGTS Mid Atlantic LLC (collectively, “RGTS”) to users of the RGTS Networks. RGTS reserves the right to add, delete or modify any provision of this Policy at any time, effective upon posting the revised Policy at www.rgts.com, and use of the RGTS Networks after the posting of any revisions to this Policy will constitute the acceptance of such revisions.

All users of the RGTS Network are required to comply with this Acceptable Use Policy, as well as all applicable laws and regulations. Users who violate this Acceptable Use Policy may incur criminal and/or civil liability. RGTS may refer violators to civil and/or criminal authorities for prosecution, and will cooperate with applicable government authorities in connection with all civil or criminal investigations of violations. Users who RGTS believes have violated this Policy or whose accounts are being used in violation of this Policy may be subject to anything from a warning to a disconnection and interruption of service as provided herein. Decisions of RGTS in this respect are final. RGTS provides an unfiltered connection to the Internet. RGTS does not review data or information that enters or leaves the RGTS Network before transmitting it to users. Accordingly, RGTS neither controls nor accepts responsibility for the content of any communications that are made available to users, without regard to whether they originated from users of the RGTS Network or from users outside the Network. In addition, RGTS expressly disclaims any responsibility for the accuracy or quality of information provided by third parties that may be obtained through the use of the RGTS Network. RGTS does not, ordinarily, proactively monitor the activities of users of the RGTS Network to ensure compliance with this Acceptable Use Policy and the law, but if RGTS is alerted to violations or potential violations of this Acceptable Use Policy, RGTS may and will take whatever measures it deems necessary to stop or prevent such violations, including, without limitation, the actions described in this Acceptable Use Policy. The matters set forth in this Acceptable Use policy are guidelines, and do not constitute an inclusive listing of prohibited conduct.

System and RGTS Network Security

Violations or attempted violations of system or RGTS Network security are prohibited, and may result in criminal and/or civil liability. Users who RGTS believes have violated or attempted to violate system or RGTS Network security or whose accounts are being used in any such violation or attempted violation will be subject to disconnection and interruption of service as provided herein. Examples of system or RGTS Network security violations include, but are not limited to: attempting to obtain unauthorized access to or use of data, systems or networks; failing to secure one’s system against abuse by others (it being the responsibility of each user of the RGTS Network to configure and secure its services to prevent the disruption of service to others); unauthorized attempts to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; unauthorized monitoring of data or traffic on any network or system; forging any TCP/IP packet header or any part of the header information in email or a newsgroup posting; any unauthorized attempt to gain access to any other account, host, network component or network; interfering or attempting to interfere with service to any other user, host, or network on the Internet; engaging in activities that violate the Terms of Service of any other network access provider while accessing that network; and uploading or downloading files that contain one or more computer viruses, worms, trap doors, or harmful code (including code that has been identified as harmful for which a patch is available), or other unauthorized program that does or can disable, damage, corrupt, interfere with or delete any element of software, data, computer or electronic records or files.

Illegal and Unacceptable Use

The RGTS Network may be used only for lawful purposes. The transmission, use, distribution or storage of any material in violation of any applicable law, regulation treaty or tariff is prohibited, including, but not limited to the use, distribution or storage of: content protected by copyright, trademark, trade secret or other intellectual property rights of the United States without proper authorization; content that is obscene, indecent, defamatory, fraudulent, constitutes an illegal threat, violates export control laws, or encourages conduct that would constitute a criminal offense or give rise to civil liability; content that is pornographic, sexually explicit, or graphically violent; content that threatens, harasses, abuses or intimidates others or is offensive or disparaging of others based on race, national origin, religion, sex, sexual orientation, age, disability or political beliefs; and content that damages the name or reputation of RGTS, its affiliates and subsidiaries. No user of the RGTS Network may export encryption software over the Internet or otherwise, to points outside the United States. In addition, the following are prohibited by this Acceptable Use Policy and state and federal law: gaining unauthorized access to private networks; intentionally spreading computer viruses, engaging in the transmission of pirated software, conducting or participating in illegal gambling, and soliciting for illegal pyramid schemes. Lastly, no user of the RGTS Network may engage in any other activity, illegal or not, that RGTS determines in its sole discretion, to be harmful to its customers, operations, reputation, goodwill or customer relations.

Email

It is explicitly prohibited to do any of the following: sending unsolicited commercial, advertising and informational mail messages; using another site's mail server to relay mail without the express permission of that site; sending emails that make it appear as though the e-mail is sourced from another source’s server, even if permission has been received; falsifying addressing information or otherwise modifying headers to conceal the sender's identity; sending messages that threaten or promise breaches of the peace, acts of terror, war, civil disturbance or violence; sending messages that harass or intimidate other users; sending mass electronic messages or “mail-bombing” (sending mass unsolicited mail or deliberately sending very large attachments to one recipient); and sending the same or substantially similar unsolicited email message, whether commercial or not, to 100 or more recipients.

USENET

Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is prohibited. In addition, posting commercial messages to a USENET group is a violation of this Acceptable Use Policy unless the specific USENET group has specifically invited commercial postings in its charter.

Internet Domains

RGTS will not host domains that are offered for resale or that are being reserved with the intent of restricting another company’s copyright or trademark (e.g., “cyber-squatting”).

Prohibited Countries

No user of the RGTS Network may be a resident of any country or affiliated with any organization or entity prohibited to do business within the United States, as defined at www.treas.gov/ofac.

Violations of this Policy

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN RGTS CUSTOMER OR A CUSTOMER'S END USER, WILL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER. RGTS RESERVES THE RIGHT TO TERMINATE, INTERRUPT OR BLOCK ANY ACCOUNT OR TRANSMISSION THAT IT HAS REASON TO BELIEVE IS IN VIOLATION OR HAS VIOLATED THIS POLICY. RGTS WILL, IN ITS SOLE DISCRETION, DETERMINE WHETHER ANY MATERIAL OR ACTIVITY ON THE RGTS NETWORK VIOLATES THIS ACCEPTABLE USE POLICY.

Complaints

Complaints regarding illegal use or system or network security issues may be sent to internet@rgts.com. Complaints regarding SPAM, other email abuse and USENET abuse may be sent to abuse@rgts.com. All other complaints should be sent to internet@rgts.com. For live security incidents, please contact RGTS Internet Abuse Investigations 24/7 at 1-212-282-2222. Anyone seeking to send a Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act of 1998 must send notification to RGTS’s Designated Agent, Robert C. Paul, Rockefeller Group Technology Solutions, Inc., 1271 Avenue of the Americas, New York, NY 10020-1095, by telephone at (212) 282-2200, by fax at (212) 282-2412, or by email to rpaul@rgts.com.