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Acceptable Use Policy

Last Modified: 08/26/08

This is I-Evolve's Usage Policy, which supplements the service agreement of each user of I-Evolve's services (each, a "Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue of using I-Evolve's services, network and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. I-Evolve will revise this Usage Policy from time to time. Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities.

Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. I-Evolve is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).

I-Evolve has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the Internet community from the negative effects of "spam" related activity. I-Evolve defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.

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To report an incidence of abuse, please email

Misrepresentation of Transmission Information
Forging, misrepresenting, omitting or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans and other activities designed to assist in hacking.

Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.

Child Pornography
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. I-Evolve is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

Other Illegal Activities
The use of the Services to engage in any activities that are determined by I-Evolve, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. I-Evolve will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

Other Activities
Engaging in any activity that, in I-Evolve's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with or be harmful to) the Services, I-Evolve's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of I-Evolve's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with I-Evolve in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy. In general, I-Evolve does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when I-Evolve becomes aware of any violation of this Usage Policy or its User Agreement, I-Evolve may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, I-Evolve may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. I-Evolve reserves the right to take any such action even though such action may affect other customers of the Subscriber.

I-Evolve may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect I-Evolve or others from harm, and/or to ensure the proper operation of the Services. I-Evolve has no obligation to notify any person, including the Subscriber about whom information is sought, that I-Evolve has provided the information.

Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, I-Evolve has adopted a policy that provides for termination of websites hosted by I-Evolve that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by I-Evolve or its subsidiaries, and the copyright holder wants I-Evolve to remove the website or disable the material in question, I-Evolve will remove the website or disable the material if the copyright holder provides us with all of the following information:

Notices should be directed to:

Legal Department I-Evolve Inc.
501 John James Audubon Parkway, Suite 201
Amherst, NY 14228

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