Acceptable Use Policy and Terms of Service

Zubr Communications, L.L.C.

VERSION 1.07

JUNE 23, 2004

This document defines the Standard Acceptable Use Policy ("AUP") for the Internet services ("Service" or "Services") provided by Zubr Communications, L.L.C. ("Zubr Communications", "us", "we"). These policies are designed to ensure the integrity, security, reliability, and privacy of Zubr Communications, its Customers, and users of the Internet in general. Please read the Standard Acceptable Use Policy carefully. Use of Zubr Communications Services constitutes acceptance and agreement to this policy as wells as Zubr Communications Terms of Service ("TOS"). If you have any questions regarding this policy, please contact Zubr Communications Abuse and Security department via email at abuse@zubrcom.net.

1. AMENDED AUP

If your service is covered by Amended AUP, please note that the terms of the Amended TOS supercede the terms of the Standard AUP. Please contact your sales representative should you have any questions.

2. GENERAL

Zubr Communications supports the uncensored flow of information and ideas over the Internet. Zubr Communications does not actively or passively monitor Customer's activity under normal circumstances. Neither do we exercise editorial control over content created by or accessed by our Customers, including but not limited to, content of any web site, email, newsgroup, audio or video stream, except for websites that we identify as those created, owned and maintained by Zubr Communications.

3. MONITORING

Zubr Communications does not routinely monitor the activity of accounts except for measurements of system or network performance, system or network administration, system or network trouble shooting or preparation of billing records. However during our day-to-day operations, should Zubr Communications become aware of Customer's violation of the AUP, in order to promote responsible citizenship within the Internet community, Zubr Communication will respond appropriately. Zubr Communications prefers to advise the Customer of violation of the AUP and let the Customer take the corrective action. Zubr Communications, may, however, should it find the violation to be severe, immediately restrict, suspend or terminate the Customer's service, assessing the Administrative Fees to the Customer's account defined on the website.

4. SOLE DISCRETION

While extremely rare, in accordance with Zubr Communications TOS and at our sole discretion, we may remove, or restrict access to, any material that may be illegal, may subject us to civil or criminal liability, or which may violate terms of this AUP. Customer's or Customer's users violation of the AUP may result in suspension, restriction or immediate termination of Customer's Account as described in the Terms of Service without any prior notice to the Customer.

5. PROHIBITED ACTIVITIES

Customer shall not, and will not permit any persons ("Users") using Customer's online facilities and/or services, to engage in any of the following activities ("Prohibited Activities"):

1. violating the Acceptable Use Policies of any networks, systems, or services which are accessed through Service;
2. infringing upon the intellectual property rights, including but not limited to copyrights, trademarks, patents, or trade secrets, of Zubr or others;
3. engaging in deceptive online marketing practices or schemes including, without limitation, practices that violate the United States Federal Trade Commission's guidelines;
4. attempting to interfere with, degrade, or deny service to any user or host (e.g. denial of service attacks);
5. introducing or attempt to introduce, malicious programs into a network or server (e.g. viruses, worms, Trojan horses, etc.);
6. breaching or attempting to breach security, including but not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access;
7. attempting to circumvent authentication or security of any host, network, or account ("cracking");
8. scanning or monitoring the networks of others without permission;
9. intercepting data not intended for the Customer (e.g. packet sniffer);
10. sending, posting or hosting harassing, abusive, threatening, or defamatory materials;
11. intentionally omitting, deleting, forging or misrepresenting transmission information, including, but not limited to, headers, mailing headers, and Internet protocol addressees;
12. transmitting or facilitating the transmission of unsolicited bulk email;
13. hosting material or electronic mailboxes advertised via unsolicited bulk email;
14. making available any software, program, product, or service that is designed to violate any this AUP;
15. collecting email addresses from the Internet for the purpose of sending unsolicited bulk email, or to provide collected addresses to others for that purpose;
16. maintaining an open mail relay;
17. attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document usage of Zubr Communications products or services;
18. using Services of Zubr Communications for any illegal purposes, in violation of any applicable laws, regulations, treaties, or tariffs, or in violation of the rules of any other service providers, web sites, chat rooms or the like;
19. any activity which violates the privacy of others;
20. assisting or permitting any persons in engaging in any of the activities described above.

6. COOPERATION WITH LAW ENFORCEMENT

Zubr Communications may cooperate with law enforcement authorities, or third parties legally empowered to perform such actions, in the investigation of any suspected or alleged criminal or civil wrongdoing.

7. THIRD PARTY COMPLAINT PROCESS.

Zubr Communications receives complaints ("Complaints") from third parties regarding Prohibited Activities allegedly being conducted by a Customer or its Users. Third parties may submit such complaints in electronic form to abuse@zubrcom.net, or by sending regular mail to the security contact of Zubr Communications. Upon the receipt of such Complaint, Zubr Communications will take actions designed to document and resolve each complaint received by Zubr Communications related to a Customer or Customer's Users.

8. THIRD PARTY COMPLAINT PROCESS: FIRST COMPLAINT

Upon a receipt of the initial complain from a third party regarding Prohibited Activity by a Customer or Customer's User, Zubr Communications will send a communication (the "First Communication") to the Customer notifying them of the Complaint, so that the Customer can identify and remedy the Prohibited Activity.

9. THIRD PARTY COMPLAINT PROCESS: EXPECTED CUSTOMER'S RESPONSE

In general, the Customer will be allowed up to forty-eight (48) hours to address the problem. The forty-eight (48) hours period shall commence from the moment Zubr Communications informs the Customer about the Complaint by a way of email, telephone, fax, or mail. Zubr Communications may, at its own discretion, limit Customer's access to the service or limit some of functionality of the service provided to the Customer at any point after Zubr received the complaint and until the Customer resolves the issue to the satisfaction of Zubr Communications.

10. THIRD PARTY COMPLAINT PROCESS: SECOND AND ADDITIONAL COMPLAINTS

Upon receipt of the second or any additional Complaint regarding the same or substantially similar activity by the Customer or Customer.s user, Zubr Communications may assess AUP/TOS violation administrative against customer's account, which becomes immediately due. The amount of the AUP/TOS Violation Administrative Fee is described in the Administrative Fees section on the website.

Upon receipt of the Second or additional Complaints regarding the same or substantially similar activity by the Customer or Customer's user, Zubr Communications may suspend, restrict or terminate Customer's account. Such suspension, restriction or termination of the account does not relieve Customer from Customer's obligations to satisfy the charges on the Customer's account by paying them.

11. RIGHT TO SUSPEND OR TERMINATE SERVICE

Zubr Communications reserves the right to suspend and/or terminate a Customer's Service at any time for any material failure of Customer, its Representatives or its Users to comply with these Rules and Regulations. Any such suspension does not relieve Customer of the obligation to pay any outstanding fees.

12. FAILURE TO ENFORCE

Zubr Communications' failure to enforce the AUP shall not be construed as the waiver of Zubr Communications' right to do that at any time.

13. RIGHT TO UPDATE ACCEPTABLE USE POLICY

Zubr Communication reserves the right to update its Acceptable Use Policy from time to time.