RECOVERY POINT SYSTEMS ACCEPTABLE USE GUIDELINES POLICY

1.0.  You agree to use RPS’s Internet services only for lawful purposes, in compliance with all applicable laws.
 
Specific Activities that are prohibited include, but are not limited to:
 1.  Threatening harm to persons or property or otherwise harassing behavior.
 2.  Violating U.S. export control laws for software or technical information.
 3.  Fraudulently representing products/services using your account.
 4.  Facilitating, aiding, or encouraging any of the above activities.
 
2.0.  RPS reserves the right to investigate suspected violations of these Guidelines. When RPS becomes aware of possible violations, RPS may initiate an investigation which may include gathering information from you and the complaining party. During an investigation, RPS may block access at the router level to your equipment involved. If RPS believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of access to your equipment, and the suspension or termination of your service. RPS, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject you to criminal or civil liability.
 
3.0.  Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using RPS services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.
 
4.0.  You are prohibited from storing, distributing or transmitting any unlawful material through RPS’s services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not post, upload or otherwise distribute copyrighted material on RPS’s servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject you to criminal as well as civil liability, in addition to the actions outlined in Section 1 above.
 
5.0.  You may not store or distribute certain other types of material. Examples of prohibited material include, but are not limited to, programs containing viruses or Trojan horses and tools to compromise the security of other sites, tools used to collect email addresses for use in sending bulk email, or tools used to send bulk mail.
 
6.0.  You are prohibited from utilizing RPS services to compromise the security or tamper with system resources or accounts on computers at RPS or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools.
 
7.0.  RPS reserves the right to release the contact information of Customers involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. RPS will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
 
8.0.  RPS may investigate complaints regarding posts of inappropriate material to Usenet by you and may, in its sole discretion, take action based on the rules below. Criteria for determining whether a post is inappropriate include, but are not limited to, the written charter/FAQ of the newsgroup(s) in question, the established Usenet conventions outlined below, the system resources consumed by the posting, and applicable laws.
 
9.0. Usenet news articles posted using RPS services must comply with the written charter/FAQ of the newsgroup to which they are posted. If a newsgroup does not have a charter or FAQ, its title may be considered sufficient to determine the general topic of the newsgroup. RPS Customers are responsible for determining the rules of a newsgroup before posting to it.
 
10.0.  Established Usenet conventions (“Netiquette”) prohibit advertising in most Usenet newsgroups. RPS Customers may post advertisements only in those newsgroups which specifically permit them in the charter or FAQ. Some newsgroups may permit “classified ads” for single transactions between private individuals, but not commercial advertisements. RPS Customers are responsible for determining whether or not a newsgroup permits advertisements before posting.
 
11.0.  Netiquette prohibits certain types of posts in most Usenet newsgroups. Types of prohibited posts include chain letters, pyramid schemes, encoded binary files, job offers or listings, and personal ads. RPS Customers may post these types of message only in newsgroups which specifically permit them in the charter or FAQ (if any). RPS Customers are responsible for determining whether or not a newsgroup permits a type of message before posting.
 
12.0.  RPS Customers may not alter the headers of posts to Usenet to conceal their email address or to prevent Customers from responding to posts.
 
13.0.  Only the poster of a Usenet article or RPS has the right to cancel the article. RPS Customers may not use RPS resources to cancel articles which they did not post. The sole exception to this rule is for moderators of formally moderated newsgroups; the moderator of a newsgroup may cancel any articles in a newsgroup he or she is moderating.
 
14.0.  RPS Customers may not attempt to “flood” or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup, which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text.
 
15.0.  RPS will investigate complaints regarding email and may, in its sole discretion, take action based on the rules below. If an email message is found to violate one of the policies below, or to contain unlawful material, RPS may take action as outlined in Section 2 above.
 
16.0.  RPS Customers may not send email in any way that may be illegal. RPS recognizes that email is an informal medium; however, Customers must refrain from sending further email to a user after receiving a request to stop. Newsletters and other types of mass e-mailings may only be distributed to email addresses that were collected as “Opt-In” and should have the IP address and date of “Opt-in” available upon request in the case of a dispute.
 
17.0.  RPS Customers may not send, propagate, or reply to mailbombs. Mailbombing is defined as either emailing copies of a single message to many Customers, or sending large or multiple files or messages to a single user with malicious intent.
 
18.0.  Violations of the RPS policies outlined in this document can sometimes result in massive numbers of email responses. If an RPS Customer receives so much email that RPS resources are affected, RPS staff may block access to the customer's equipment at the router level.
 
19.0.  RPS will investigate complaints regarding inappropriate material on Web pages transmitted using RPS services, in its sole discretion, require that the material be removed or take action as outlined in Section 2 above.

If you do not agree to be bound by these Acceptable Use Guidelines, please notify RPS Customer Service, support@recoverypoint.com so that we may initiate a closure of your account. These guidelines may be reasonably amended by RPS from time to time and you shall be bound by the updated conditions. 

RPS AUP 12-15-11 Version 2.2