Version 2.0 Effective as of May 13, 2004

1. SCOPE AND APPLICABILITY
This Acceptable Use Policy (“AUP”) provides a code of conduct applicable to all persons and entities using the BT Radianz network (“Network”) and services (“Services”), including BT Radianz customers and their employees, agents, contractors, affiliates, subsidiaries, and, if applicable, clients (collectively or individually, “Users”) in order to (i) protect all Users and assure them of the consistent, high level of trust necessary for them to use the BT Radianz Network and Services safely, securely and effectively; and (ii) deter the abuse or misuse of the BT Radianz Network and Services by any User.

2. ACCEPTABLE USE
Each User shall use the BT Radianz Network to conduct its business, publish and access content, and provide access to applications in accordance with this AUP and any applicable terms and conditions governing the BT Radianz Services.

3. UNACCEPTABLE USE

3.1. Illegal Use
Users are prohibited from using the BT Radianz Network or any BT Radianz Service to commit or aid in the commission of any crime, fraud, or act which violates any applicable local, national, or international law or regulation.

3.2. Prohibited
Content Users are prohibited from using the BT Radianz Network or any BT Radianz Service to transmit, distribute, disseminate, publish, or store:
(a) any material in violation of any applicable local, national, or international law or regulation;
(b) material that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
(c) material that is defamatory, abusive, or harassing; or that threatens or encourages bodily harm, destruction of property, or infringement of the lawful rights of any party; or otherwise constitutes an illegal threat;
(d) material that violates the privacy of any party as protected by applicable local, national, or international law or regulation;
(e) material containing software viruses, worms, Trojan horses, time bombs, cancelbots, or other harmful or deleterious computer code, or any computer code, files, or programs designed to disrupt; destroy; disable; invade, gain unauthorized access to; or corrupt, observe, or modify without authorization, any data; network transmissions; software; computing or network devices; or telecommunications equipment; or
(f) unsolicited or unauthorized advertising, promotional materials, bulk email, or chain letters.

3.3 Eavesdropping
Users are prohibited from the unauthorized interception or monitoring of any data or messages transmitted over the BT Radianz Network.

3.4 Unauthorized Access
Users are prohibited from employing the BT Radianz Network or any BT Radianz Service to access any computer, network, or data without authorization or in a manner that exceeds authorization for any purpose, including but not limited to:
(a) retrieve, alter, or destroy data;
(b) probe, scan or test the vulnerability of a system or network; or
(c) breach or defeat system or network security measures such as authentication, authorization, confidentiality, intrusion detection, or monitoring.

3.5 Impersonation and Forgery
Users are prohibited from:
(a) impersonating any party or entity by adding, removing, or altering header information of network, email, or other messages transmitted over the BT Radianz Network;
(b) transmitting over the BT Radianz Network messages that have been electronically signed using a fraudulently obtained public key certificate or with a forged electronic signature; or
(c) using the BT Radianz Network or any BT Radianz Service to commit any other form of forgery or illegal or unauthorized impersonation.

3.6 Malicious Disruption
Users are prohibited from interfering with or disrupting (i) the business operations, service, or function of BT Radianz, the BT Radianz Network, any User, or any computer, host, network, or telecommunications device; or (ii) the legitimate use of the BT Radianz Network or BT Radianz Services by any User including by deliberate attempts to overwhelm an application, computer system, network device, or network

3.7 Security Auditing, Assessments, Penetration Tests
Users are prohibited from conducting security audits, assessments, and penetration tests of the BT Radianz Network.

3.8 Misuse of BT Radianz Customer Premises Equipment (CPE)
Users shall not tamper with or attempt to gain unauthorized access to BT Radianz CPE.

4. USER OBLIGATIONS TO REPORT SUSPICIOUS ACTIVITY
Users must promptly cooperate with BT Radianz in responding to security incidents and report to BT Radianz any event, condition, or activity that User becomes aware of that indicates a possible or actual
(a) violation of this Acceptable Use Policy, or
(b) breach or compromise of the security of the BT Radianz Network or any BT Radianz Service including, without limitation, any event, condition, or activity occurring within a User’s computer network or systems that could affect the security of (i) the BT Radianz Network, (ii) any BT Radianz Service, or (iii) any other User’s computer networks or systems.

5. CONFIDENTIALITY

5.1 Confidential Information Each
User shall hold in confidence any information it receives from BT Radianz or any of BT Radianz’s subcontractors related to the security and architecture of the BT Radianz Network, including but not limited to:  network routing information, addresses, device configurations, topology, host names, system configurations, security access codes, encryption and authentication keys, passwords, controls, processes, procedures, and safeguards.  Users shall not disclose this information except on a need-to-know basis and only to employees, agents, subcontractors, or other third parties who are contractually bound to non-disclosure obligations.

5.2 Disclosure
BT Radianz reserves the right to disclose information relating to Users’ activities that may be in violation of this AUP:
(a) to law enforcement, regulatory, or other agencies in response to lawful requests including, without limitation, as required by any securities exchange or regulatory or governmental body to which a User is subject;
(b) to the extent required by law or for the purposes of judicial process; or
(c) to other Users to protect the rights, property, and operations of BT Radianz, the BT Radianz Network and Services, Users of the BT Radianz Network and Services, and the public including, without limitation, the right to notify a User of any event, condition, or activity, of which BT Radianz is aware, potentially affecting the security or operations of said Users’ computer networks and systems.

6. RADIANZ MONITORING/ENFORCEMENT

6.1 Network Usage Monitoring
BT Radianz reserves the right to monitor all usage of the BT Radianz Network for purposes of network management, performance management, capacity planning, and security monitoring and management.  Usage monitoring may include:
(a) monitoring (i) source and destination addresses, protocol type, size and other attributes of individual network packets other than content, and (ii) network routes traversed by individual packets within the BT Radianz Network as necessary to detect potential, incipient, or actual security breaches, intrusions, attacks, or malicious code;
(b) using devices and techniques such as network intrusion detection, host intrusion detection, and system integrity auditing to inspect packet contents for the presence of software viruses, worms, Trojan horses, time bombs, cancelbots, or other harmful or deleterious computer code, or any computer code, files, or programs designed to disrupt; destroy; disable; invade; gain unauthorized access to; or corrupt, observe, or modify without authorization, any data; network transmissions; software; computing or network devices; or telecommunications equipment, provided, however, that BT Radianz shall use such detection devices and techniques solely for the aforesaid purpose; and
(c) monitoring network traffic for patterns potentially indicating the misuse or abuse of the BT Radianz Network.

6.2 Content Monitoring
With the exception of (i) the usage monitoring described in Section 6.1, and (ii) information specifically authored by or on behalf of BT Radianz, BT Radianz does not monitor, review, edit, or censor information transmitted by Users on the BT Radianz Network.  Users are solely responsible for the information they transmit on the BT Radianz Network and for complying with all laws and regulations applicable to such information.  Users acknowledge that BT Radianz is not responsible for the truthfulness, accuracy, or legality of any information transmitted, published, or accessed by Users on the BT Radianz Network.

6.3 Investigations
BT Radianz reserves the right to:
(a) initiate investigations into potential misuse or abuse of the BT Radianz Network or Services by Users and others;
(b) involve, and cooperate to the fullest extent possible with, law enforcement, regulatory, and other authorized agencies in the investigation and prosecution of crimes alleged or suspected to have been committed using the BT Radianz Network or any BT Radianz Service;
(c) terminate or suspend use of the BT Radianz Network and Services by a User found to have violated this Acceptable Use Policy or other applicable terms and conditions to which Users are legally bound to BT Radianz; and
(d) immediately, without notice, and at BT Radianz’s sole discretion, completely or partially suspend use of, and access to, the BT Radianz Network and Services by any User to the extent, as BT Radianz determines in its sole discretion, required to maintain and protect the security and operations of (i) BT Radianz or the BT Radianz Network and Services, or (ii) any User or any User’s computer networks or systems, where BT Radianz reasonably believes such security and operations are under potential, threatened, or actual attack or compromise.

In each case that BT Radianz suspends BT Radianz Service pursuant to this Section, it shall advise User as promptly as reasonably possible.  Such Service may be restored, within BT Radianz’s sole discretion, after any violation or threat has been remedied or corrected.

7. CHANGES
BT Radianz reserves the right to amend this Acceptable Use Policy at any time pursuant to agreements in effect between BT Radianz and its customers.