Acceptable Use Policy for IP and Internet Services

1. Scope

Penzias’s Acceptable Use Policy (“AUP”) is designed to assist in protecting Penzias’s network, services, customers and users, and other Internet users, from improper, unacceptable and / or otherwise prohibited use of the Internet via Penzias’s services and network. This AUP applies to all Penzias customers and sets forth terms of use of the IP and Internet services provided by Penzias. By accessing and using the services, each customer agrees to be bound by the AUP, and the AUP forms an integral part of the agreement between Penzias and customer.

2. Changes to the AUP

Penzias reserves the right to make changes to this AUP at any time without prior notice, effective upon posting such changes at http://www.penzias.eu/AUP-policy .

3. Customer Obligations

Customer acknowledges that it is aware of the possibility that the content and information it disseminates may have a negative impact on the reputation and business of Penzias and its customers. Accordingly, the Customer is under a strict obligation to observe the terms of use set forth in this AUP (and any changes made as set forth above) and to abide by the rules of conduct known to Internet users as “netiquette”.

Compliance with Laws: Customer is responsible for using the services in strict compliance with applicable law, including, but not limited to applicable international, national and local laws, rules and regulations regarding data protection, communications, intellectual property and criminal law / anti-money laundering law. Such regulations include, in particular, “Requests for Comment” (RFCs) of the Internet Society (ISOC) and any applicable “Memorandums of Understanding” of the International Telecommunication Union (ITU). Customer shall also observe the principles of fairness and clarity, and shall refrain from any behaviour or conduct of business that is deceptive, misleading or contrary to good faith. Customer shall not use the services to commit or assist, or attempt to commit or assist, in any criminal acts. Customer is additionally responsible for ensuring that any use of the services by associated users (e.g., employees, family members, end-users, etc.) complies with this AUP. Customer shall accordingly also implement measures to prevent wrongful access to, and therefore, use of, its systems.

User IDs and Passwords: Passwords provided to customer are intended exclusively for its personal use. Customer shall be responsible for protecting passwords from and against misuse by unauthorized persons. Customer shall immediately change passwords suspected of being disclosed to unauthorized parties. Where applicable, customer must immediately request that a new password be issued by Penzias. Customer bears all the risks arising from the use and / or misuse of its User IDs and passwords, including costs associated with the issuance of new passwords.

4. Prohibited Use and Conduct

The misuse of IP and Internet services is strictly prohibited. Misuse may include any of the examples listed in this AUP, including this Section 4. This list is intended as guidance and is not intended to be an exhaustive list or definition of misuse of services. Penzias shall determine misuse in its sole discretion.

a) Unauthorized access or use, or attempted unauthorized access or use of the services, including data, equipment, systems or networks;

b) Use of passive or non-interventionist techniques, such as the scanning or probing of other parties’ networks using port scans (e.g., checking other parties’ computers for particular services or their vulnerability);

c) Use of the services to conduct, offer or allow any of the following:

1. “sniffing”, i.e., monitoring or analyzing other parties’ network traffic;

2. “flooding”, i.e., deliberately overloading other parties’ systems or networks with a view to impairing their operation or making their operation impossible (Denial of Service);

3. “spoofing”, i.e., falsifying network packets, particularly of TCP/IP header information;

4. dispatching unwanted commercial advertising using personal or corporate e-mail addresses, SMS (Short Message Service), e-mail lists or Usenet discussion groups;

5. send chain-mails according to the “snowball” principle, i.e., sending e-mail messages and asking for them to be forwarded to the largest possible number of other recipients;

6. mail bombing, i.e., sending a large number of e-mail messages to the same recipient;

7. unauthorized use of another party’s mail server as a relay without prior consent from its owner;

8. excessive multi-posting (EMP), i.e., sending the same or almost the same Usenet message in large numbers;

9. excessive cross-posting (ECP), i.e., simultaneously sending a Usenet message to a large number of news groups;

d) Spamming, i.e. flooding mailboxes, Usenet groups or other on-line forums with messages which are pointless, unsolicited or otherwise annoying;

e) Use of the services for activities which exploit minors, illegally sell copyright protected or licensed material, or insult, degrade or annoy persons or groups on the basis of their race or ethnicity;

f) Use of the services to provide or offer unauthorized games of chance, representations of violence, pornography, incitement to criminal activity or violence, or racial discrimination;

g) Failure to take appropriate steps to ensure that unauthorized persons do not gain access to restricted material (e.g., preventing minors from accessing pornography);

h) Failure to comply with applicable laws, including financial transaction regulations (e.g., obligations of due diligence regarding the verification of the identity of the contracting party or the origin of valuables);

i) Display of any content causing an excessively high level of network traffic, potentially jeopardizing the security of the Penzias' network or systems, by deliberately provoking network attacks from the Internet (e.g. pornographic content, statements by extreme political or religious groups, etc), including publications potentially having a negative impact on the image or business of Penzias or its customers;

j) Using the services to interfere with the use of services, the Penzias network or its partners’ networks, by other customers or third parties;

k) Reselling or otherwise providing the services to other parties without the prior express written consent of Penzias;

l) Hosting of websites and other Services (Ex. DNS) that have been promoted by SPAM from the customer network or other networks (spamvertising). This does include but is not limited to the direct listing of the destination URL in a SPAM message and to spamvertised URL's which are being redirected;

m) To announce address blocks or use AS numbers that are listed in Spamhaus.org ROKSO and / or SBL lists; and

n) Use of the services in violation of the agreement with Penzias or this AUP.

5. Reporting Misuse to Penzias

Customer shall be responsible for immediately notifying Penzias of any actual or suspected misuse of the services via the following e-mail address: contact@penzias.eu. The e-mail shall contain a report of the actual or suspected misuse and be accompanied by appropriate supporting evidence (e.g., URL names, copies of e-mails, etc.). Persons or organizations reporting incidences of misuse must provide their names and sufficient contact details (including e-mail address, telephone and fax numbers). Penzias will not be responsible for taking action on complaints that are submitted without sufficient documentation and supporting evidence. Customer agrees to provide Penzias with all necessary assistance in investigating any reports of misuse, whether submitted by customer or a third party.

6. Contact Information

If you have questions or comments about this policy, please e-mail to contact@penzias.eu.

7. Consequences of Violation of the AUP

While Penzias does not undertake to monitor the content of traffic transported via the services, Penzias reserves the right to carry out reasonable spot checks on stored and communicated content.

Each Penzias customer is responsible for the activities of its customer base, representatives or end-users and, by accepting service fromPenzias, is agreeing to ensure that its customers, representatives or end-users abide by this Policy. The Penzias customer agrees and acknowledges that the violation of Penzias’s AUP by the customer’s representatives, end-users or customers shall be deemed to be a violation by the Penzias customer.

In the event of actual or suspected violation of the AUP, Penzias reserves the right to terminate services or take action to stop the misuse of the services or violation of the AUP as it deems appropriate, provided that the customer does not remedy such violation or provide proof acceptable toPenzias that there is no violation within 24 hours after a corresponding notice of Penzias. These measures may include, for example, blocking access to particular services, content, systems or resources, or suspending or terminating connection to the customer, or terminating the agreement / contract with the customer.

8. Customer Indemnification Obligations

The customer agrees to indemnify, defend and hold Penzias, its officers, directors, shareholders, employees, agents, licensors, subsidiaries and affiliates harmless from and against any and all claims, actions, demands, liabilities, losses, damages, expenses and costs, including attorneys’ fees, arising out of or relating to customer’s use of the services, including any violations of this AUP, misuse of the services or infringement of intellectual property rights.

Penzias Acceptable Use Policy effective from May 23rd, 2010