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Acceptable Use Policy

      This Xminder Acceptable Use Policy ("AUP") applies to the use of any product, service or website created, developed, sold, licensed, delivered, supplied or performed by Xminder. ("Xminder"), whether directly or through another party (each a "Xminder Service"). This AUP is designed to ensure compliance with the laws and regulations applicable to the Xminder Service by those entities and individuals using or providing the Xminder Service (each a "Client"). This AUP also protects the interests of all Xminder Clients and their customers as well as the goodwill and reputation of Xminder itself. Each Client agrees to abide by this AUP and is responsible for any violations. Xminder will enforce this AUP by using, without limitation and in its discretion, auditing methods such as complaint and email failure monitoring to ensure compliance with this AUP.

Reporting Suspected Violations
      Recipients of email messages sent using the Xminder Service are encouraged to report suspected violation of this AUP by forwarding a copy of the received email with FULL headers to abuse@xminder.com. It is Xminder's policy to investigate all such reports and take appropriate action on all reports of abuse.
      Clients shall promptly notify Xminder in writing of any known or suspected violation of this AUP by any its personnel or any other entity or individual, using the then-current business and/or technical contact information established between Xminder and Client.

No SPAM Permitted
      Client may not use a Xminder Service to directly or indirectly send, transmit, handle, distribute or deliver: (a) unsolicited email ("spam" or "spamming") in violation of the CAN SPAM Act (defined below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting) and agrees to demonstrate consent to marketing upon Xminder's request; or (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, nor may Client assist in any such actions, nor engage or enlist another to do so.
      Commercial Email must not be sent to an individual's e-mail address unless one of the following situations exists:
- Prior affirmative consent of the individual has been obtained, as defined by the CAN SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), 15 U.S.C. sec. 7701 et seq. (the "CAN SPAM Act");
- Transmission of the Email is otherwise in compliance with the CAN SPAM Act;
- Prior consent of the individual has been obtained as defined by the EU Member State implementation of the European Commission Privacy and Electronic Communications Directive (EU Privacy Directive) or Canada's Personal Information Protection and Electronic Documents Act (PIPEDA)

Prohibited Email Content and Formatting; Email Best Practices
      In addition, and without limitation to any preceding paragraph, Client may not directly or indirectly send, transmit, handle, distribute or deliver any email using a Xminder Service (nor assist in any such action, nor engage or enlist another to do so) with content, or in a manner that: (a) is threatening, abusive, harassing, or defamatory; (b) is deceptive, false, misleading or fraudulent; (c) is invasive of another's privacy; (d) contains vulgar, obscene or indecent material; (e) infringes a third party's intellectual property right(s); (f) violates export control laws and/or regulations; (g) violates the usage standards or rules of an entity affected by Client's use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail); (h) is legally actionable between private parties and/or (i) is in violation of any applicable local, state, national or international law or regulation, including without limitation the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), the U.S Telephone Consumer Protection Act of 1991, 15 U.S.C. sec. 7701 et seq., the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market ('Directive on Electronic Commerce'), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector ('Directive on Privacy and Electronic Communications'), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (Canada), and any regulations having the force of law or laws in force of Client's or email recipient's country of residence.
      Email sent, or caused to be sent to or through the Xminder Service(s) may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) uses other means of deceptive addressing; (e) use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) use Xminder trademark(s), tagline(s), or logo(s) without prior written consent and only pursuant to Xminder's trademark usage guidelines.
      Xminder recommends that Client using email either through its services or anywhere else should adopt the Messaging Anti-Abuse Working Group (MAAWG) Sender Best Communications Practices (BCP) which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. The Sender Best Communications Practices document is available at http://www.maawg.org/about/publishedDocuments. Client shall use commercially reasonable efforts to follow such practices.

Email Opt-out Requirements
      Client warrants that each email sent by or for it using a Xminder Service shall contain, for Client and any entity on behalf of which it is providing any product or service: (a) header information that is not false or misleading; (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information cease for unsolicited or otherwise impermissible and/or inappropriate communication(s) as described herein; and (c) information on one or more methods by which the recipient may notify Client of its election to unsubscribe, opt out or otherwise demand that use of its information cease for unsolicited or otherwise impermissible and/or inappropriate communication(s) as described herein. Client warrants it shall comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests.

No Disruption
      Client agrees not to use a Xminder Service in connection with conduct that, whether intentional or unintentional and with or without a disruptive or malicious manner, intent or purpose, impact the normal functioning, operation, privacy, integrity or security of another's account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information or property, or business operations, or gains unauthorized access to, or uses, monitors or makes an unauthorized reference to, any such item(s) without such party's express prior consent. Examples without limitation of such prohibited actions include hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program.

Proper Usage of Xminder Service
      Client shall use the Xminder Service for its internal business purposes and shall not: (i) willfully tamper with the security of the service or tamper with other customer accounts of Xminder; (ii) access data on the Xminder Service not intended for the Client; (iii) log into a server or account on the Xminder Service that the Client is not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Xminder Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Xminder Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Xminder Service or make the Xminder Service available to a third party other than as contemplated in its subscription to the Xminder Service; (vii) use the Xminder Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Xminder Service without Xminder's prior written consent.

Other Usage Requirements
      By visiting a Xminder website and/or using the Xminder Service, Client agrees not to:
- Publish, post, upload, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless Client has all necessary rights and consents to do so.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer.
- Download any file that Client knows, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other Client from using and enjoying the Xminder website and/or the Xminder Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
      Xminder undertakes no obligation, but reserves the right, to remove any prohibited materials and to deny access to any person who violates this AUP. Xminder further reserves all other rights.

Xminder Trademark Use
      Client agrees, except to the extent express prior written permission has been given for any such use, not to use any name, logo, tagline or other mark of Xminder or a Xminder Service, or any identifier or tag generated by a Xminder Service: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by Xminder); or (b) to imply identification with Xminder as an employee, contractor, agent or other similar representative capacity. Client also agrees not to remove or alter any such items as may have been provided or enabled by Xminder.

General Terms
      Client agrees that this AUP applies to the extent that Client uses a Xminder Service to: (a) send any voice or message to mail, fax to mail, mail to fax or other voice or text note or message, or (b) upload or post any graphic, text or other materials on a website.
      Breach of this AUP is grounds for immediate suspension of Client's access to the Xminder Service and termination by Xminder, for cause, of Customer's subscription to the Xminder Service(s). Client acknowledges Xminder may disclose information regarding Client's use of Xminder Service(s) to satisfy any law, regulation, government request, court order, subpoena or other legal process; provided that if it is not prohibited from keeping the disclosure secret, it will notify Client of such required disclosure.
      Xminder reserves the right to supplement, modify, amend or supersede this AUP, notifying Client via email, or a partner or Client portal, or by posting a revised copy on the Xminder website. Client agrees to review the AUP on a regular basis and remain in compliance at all times.

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