Introduction

This document explains the Acceptable Use Policy for use of services provided by Accretive Technology Group, Inc. and its subsidiaries (hereinafter collectively known as "AccretiveTG") by the client/user (hereinafter known as "Customer"). This document is maintained and published on-line on the AccretiveTG home page at www.accretivetg.com/info_aup.html.

All Customers of AccretiveTG are required to be familiar with this policy. Use of AccretiveTG products/services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it.

This Acceptable Use Policy will be known hereinafter as "AUP".

Account and Policy Term

The effective date of the AUP is the date of acceptance by the Customer of products/services from AccretiveTG, and they shall remain in effect until Customer terminates his/her contractual relationship with AccretiveTG or AccretiveTG terminates its contractual relationship with Customer.

AccretiveTG reserves the right to change the AUP at any time without notice. If Customer does not agree to such changes, AccretiveTG reserves the exclusive right to terminate its contractual relationship with Customer, effective upon written notice to Customer.

Termination for Cause

AccretiveTG may terminate its contractual relationship with Customer at any time for any violation of the AUP or for any material breach of contractual terms and conditions. Such termination generally will entail the deletion of all files, and all services, including mail forwarding, are terminated. Customer will not receive a refund for any prepaid services. All losses and expenses suffered by Customer as a result of such termination will not be the responsibility of AccretiveTG whatsoever.

Provision of Services

AccretiveTG will provide products/services on its network to Customers per contractual terms and conditions and compliance with the AUP. AccretiveTG products/services are defined as the use by Customer of computing, telecommunications, software, and information services provided by AccretiveTG. These products/services also include the provision of access to computing, telecommunications, software, and information services provided by third parties via the worldwide computer network known as the Internet.

Consultation Charges

AccretiveTG will provide reasonable system administration and other related services upon reasonable request from Customer. Provided, Customer will be charged normal consultation rates for non-standard or extraordinary problems, at the sole discretion of AccretiveTG.

Facilities Access

Access to the collocation facility is provided for the express purpose of installing and maintaining Customer-owned collocated equipment. Due to security concerns, Customers shall be fully escorted by AccretiveTG personnel during their access to the collocation facility. Customers are not allowed to bring visitors or groups larger than two into the collocation facility without prior written authorization from AccretiveTG. AccretiveTG shall deny access to any Customer bringing unauthorized personnel into the collocation facility.

Customers shall schedule ahead for access to the collocation facility. Non-service affecting installations or maintenance shall be scheduled during AccretiveTG's normal business hours. Access for service affecting issues shall be provided at all times. Customers needing after hours access should call the AccretiveTG NOC pager before coming down to the facility.

Customers who abuse these access policies shall be subject to premium rates for escort times as well as other penalties. Customers who repeatedly abuse these access polices in AccretiveTG's sole determination may be subject to immediate termination of service and forfeiture of all pre-paid fees and deposits

Security of Accounts

AccretiveTG accounts for products/services ("accounts") are for individual Customers only. Customer agrees not to share the password of the account or any other confidential information with any third parties without the express written permission of AccretiveTG. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any AccretiveTG products/services to obtain the passwords of other customers on AccretiveTG©&Mac246;s network. Customer agrees not to use AccretiveTG products/services to make unauthorized/illegal attempts to access any non-Customer systems or networks.

Use of Internet Services

Customer agrees not to use AccretiveTG products/services in violation of intellectual property rights of other customers, third parties or AccretiveTG, or other applicable laws. Customer agrees to use the products/services provided by AccretiveTG as permitted only by applicable local, state, and federal laws.

Unauthorized Use of Accounts or Computers

Customer agrees that any unauthorized use or attempted use of another customer or third party account or computer without the owner's express written authorization is prohibited.

E-mail Privacy

Customer acknowledges and understands that E-mail passes through multiple mail servers from source to destination on the Internet, and that AccretiveTG cannot guarantee 100% privacy of Customer E-mail.

However, AccretiveTG places a high value on privacy, and will normally only examine Customers' E-mail to trouble-shoot E-mail delivery problems, protect system security, or to comply with a lawful warrant or court order.

AccretiveTG will not divulge Customer account information, except at the direction of a lawfully served warrant or court order.

Commercial Advertisements

AccretiveTG recognizes that Commercial advertising is an appropriate form of communication on the Internet. Accretive has enacted the following policies to clearly delineate appropriate commercial advertising from inappropriate "SPAM". Customer agrees that any inappropriate postings, at the sole discretion of AccretiveTG, may result in immediate account suspension or cancellation.

(1). USENET/LISTSERV :
Commercial advertisements are inappropriate in most Usenet discussion groups and on most E-mail mailing lists.

(2). CAN SPAM ACT of 2003:
The CAN-SPAM Act of 2003 (Public Law No. 108-187) was signed into United States Law by President George W. Bush late in 2003, to be effective beginning January 1, 2004. (You can read the new law in its entirety at http://www.spamlaws.com/federal/108s877enrolled.pdf).

If you use email in connection with the operation of your web site or service, you agree as follows:

• All such electronic messages initiated or sent by you or on your behalf must:
  Identify you as the sender and may not suggest or imply, or mislead or be likely to mislead a recipient into believing that someone other than you is the sender or sponsor of, or has procured you to send, such electronic messages. To be clear, you may not use a return address, subject heading, header information or message contents that misleads or confuses or is likely to mislead or confuse a recipient as to you being the sender;
  Feature the service or product offering(s) that you are offering the recipient as its primary contents and purpose;
  Contain a valid physical postal address for you (and not any other person or entity);
  Be clearly and conspicuously identified as an advertisement or solicitation, unless you have received affirmative consent to send electronic messages to that recipient.
  
  
• You must be able to supply to us, at our request, evidentiary proof that all recipients of your electronic message have given consent to receive your electronic message. Examples of proof that we look at are first and last name of each recipient, email address of each recipient, date that the recipient agreed to receive your electronic message, Internet Protocol (IP) address from which recipient was attached to the internet at the time that they agreed to receive your electronic message, and any other proof that you may want to offer in an effort to substantiate that all recipients of the electronic message agreed to receive such messages from you or on your behalf (collectively, the "opt-in process").
  
  
• You will implement and employ in connection with each electronic message sent by you or on your behalf an effective mechanism and procedure for any recipient of such electronic message to be able to request during the following thirty (30) days at a minimum not to receive further electronic messages from you or those sending electronic messages on your behalf and except as otherwise expressly permitted by applicable law, such request shall be heeded within ten (10) business days of receipt of such request (collectively, an "opt-out procedure").
  
  You will insure that such opt-out procedure is fully compliant with any and all applicable laws, rules and regulations, including the requirements of the CAN-SPAM Act of 2003 .
  Pursuant to or in addition to the requirements of the CAN-SPAM Act of 2003, such opt-out procedure, you must also provide us, at our request, the email, SMS, IM or other address of any recipients that exercised such opt-out procedure. You may not sell any lists of recipients that have exercised such an opt-out procedure.
  
  
• You may not send messages that contain sexually-oriented material without placing warning labels and otherwise complying with applicable laws including the CAN-SPAM Act of 2003 in all respects.
  
  
• No messages may be sent by or through any computer without authorization, including by relay or retransmission, or contain false header information regarding the transmitting computers and transmission path including the originating electronic mail address, domain name or Internet Protocol address.
  
  
• You agree to comply with the CAN-SPAM Act of 2003 and any rules and regulations that are promulgated by any governmental authority in respect thereof and any and all orders, judgments and decrees of any court, agency or other authority relating thereto and any other applicable foreign, federal, provincial, state, or local law applicable to the use or transmission of electronic message. While some of the requirements of the CAN-SPAM Act of 2003 are set forth herein, compliance with these terms shall not be construed as or deemed to be sufficient to comply with any such or other applicable law.
  
  
• You shall provide AccretiveTG with any information requested by us at any time, that may be construed as evidence that you have complied with all aspects of the CAN-SPAM Act of 2003. Further, you authorize us to provide any information, including confidential information, and otherwise make any disclosures that we determine to be necessary or appropriate about you or your participation or activities on or in relation to your use of any AccretiveTG provided resources to any local, state, provincial, federal or foreign governmental authority or Internet Service Provider bringing or contemplating the bringing of any action or conducting any investigation in relation to the enforcement of any applicable laws, including the CAN-SPAM Act of 2003.
  
  
• AccretiveTG shall not be construed or deemed as having "procured" you or your services to send or initiate any email or other types of electronic messages to any computer, including for the purposes of promoting us or our respective trade or business, or goods, products, property, or services.