Covad Wireless Business Internet Service: Acceptable Use Policy

This Acceptable Use Policy ("AUP") sets forth provisions of acceptable use of Covad Wireless networks and services, including Covad Wireless's business Internet service. All users of Covad Wireless networks and services are required to comply with this policy and all applicable laws and regulations in full, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to a specific service offered by Covad Wireless. Covad Wireless strives to provide its customers with the highest quality Internet service available, while at the same time respecting the standards that have been created both within the Internet community, and by legislation. To that end, inappropriate or abusive activities and conduct will not be tolerated on Covad Wireless networks. Covad Wireless reserves the right to suspend or terminate service for violations of this policy. Covad Wireless reserves the right to modify this AUP from time to time, without notice. Users of Covad Wireless networks are encouraged to review this AUP often for changes or new information. Please send questions, comments, or complaints regarding this AUP to abuse@covadwireless.com.

COMPLIANCE

Duties

Each user is responsible for complying with this AUP, and for providing assistance to Covad Wireless in investigating and resolving any issue, as Covad Wireless may request from time to time. Additionally, Covad Wireless customers and users are required to determine the conditions of, and comply with, the acceptable use policies or equivalent documents of all network(s) that their data transits.

Users will be held responsible for the actions of any third party agent that acts on behalf of, or for the benefit of, any end user, and such end users shall be held directly accountable for any violations of this AUP by third party agents.

Covad Wireless does not control the content of data traversing Covad Wireless networks; accordingly, Covad Wireless assumes no responsibility for the content of any data or communication that may be transmitted over Covad Wireless networks.

Configuration

All systems that are connected to Covad Wireless networks shall be configured in accordance with industry standards, applicable laws and regulations, specifically to conform with approved "Request For Comments" standards documents which are published from time to time by the Internet Engineering Task Force (http://www.ietf.org/rfc.html).

Systems connected to Covad Wireless networks shall not be configured in any way that obscures system-identity information.

Proxy servers of any kind shall be configured so as to prevent unauthenticated use from the public Internet.

Reporting Obligations

Customers of Covad Wireless are responsible for immediately reporting to Covad Wireless any issue that could compromise the stability, service or security of any user or system connected to Covad Wireless networks.

Resellers and Downstream Service Providers

Resellers and customers that provide third-party use of Covad Wireless services are responsible for informing their customers of this AUP and for enforcing its restrictions with regard to their customers' actions. Breach or non-compliance of this AUP by a customer or end-user of a reseller shall be considered a violation of this AUP.

PROHIBITED USES

These lists are not meant to be exhaustive, but merely illustrative of examples of inappropriate and improper conduct, which are prohibited on Covad Wireless networks.

Illegal Use

Covad Wireless' Networks may only be used for lawful purposes. The transmission, distribution, or storage of any data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to material or data which:

• Infringes any copyright, trademark, trade secret, or other intellectual property right.
• Violates export control laws or regulations.
• Violates any party's confidentiality rights.
• Constitutes use or dissemination of child pornography.
• Is illegal or unlawful.

Abuse

The following general actions are considered "abuse" and are strictly prohibited:

• Any conduct that is inconsistent with generally accepted norms and expectations of the Internet community (whether or not detailed in this AUP). Covad Wireless reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations.
• Using Covad Wireless networks to transmit material that Covad Wireless believes to be illegal, obscene, or inappropriate.
• Forging of message headers or identity information, or taking any action with the intent of bypassing restrictions or limits on access to a specific service or site. This prohibition does not restrict the legitimate non-commercial use of pseudonymous or anonymous services.
• Falsifying identity or contact information (whether given to Covad Wireless, to the InterNIC, or other parties).
• Any conduct using the Covad Wireless service or a third-party service that causes any part of the Covad Wireless network to be blacklisted, blocked or otherwise harmed.

Security

Users of Covad Wireless networks must configure their systems in a secure manner. Should a user's system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), and then fixing the exploited system. For instance, should the security of a mail server be compromised to distribute unsolicited emails, the user is responsible for immediately re-configuring the system to prevent further unauthorized use.

Users are prohibited from interfering or attempting to interfere with services ("Denial of Service Attacks"), whether intentionally or through neglect, of any other user, host, or network. The prevention of "unintentional attacks", such as infection and subsequent propagation of computer viruses, are the responsibility of every user: anti-virus software should be installed on every system that connects to Covad Wireless networks.

Users are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into Covad Wireless networks, for instance in the form of incorrect routing or DNS information.

Unauthorized monitoring, access or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network is strictly prohibited.

E-Mail

Users are prohibited from engaging in improper use or distribution of electronic mail ("e-mail"). Users are strictly prohibited from engaging in any of the following activities:

Sending unsolicited mass or commercial e-mail ("spamming") for any purpose whatsoever. Having third parties send out commercial emails on any user's behalf. Using Covad Wireless facilities to receive replies from unsolicited emails (commonly referred to as "drop-box" accounts). Configuring any email server in such a way that it will accept third party emails for forwarding (commonly known as an "open mail relay"). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user identification and authorization. Mass or commercial email may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a "double opt-in" process) must be adhered to in their entirety for any mass or commercial email to be considered "solicited" by Covad Wireless.

Users that send mass or commercial e-mail are required to maintain complete and accurate records of all e-mail subscription requests, specifically including the email and associated headers sent by every subscriber, and to immediately provide Covad Wireless with such records upon request of Covad Wireless. Subscriptions that do not have a specific recipient generated email request associated with them are invalid, and are strictly prohibited.

In the absence of positive, verifiable proof to the contrary, Covad Wireless considers complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated.

Usenet (also known as Netnews or Newsgroups)

Covad Wireless recommends that users not post to any newsgroup until they have familiarized themselves with the subjects, established guidelines, and restrictions of such newsgroups. All Usenet guidelines and restrictions are incorporated herein by reference, and users of Covad Wireless networks agree to adhere to such guidelines unconditionally.

Without limitation of the foregoing, it is strictly prohibited to engage in any of the following activities:

Making any posting for commercial purposes (including without limitation the pointing to specific URLs for commercial purposes), except where such postings are expressly permitted under the charter and/or Frequently Asked Questions (FAQ) of an applicable newsgroup. Posting binary files to newsgroups whose charter or name does not include allowances for such files. Canceling newsgroup postings other than your own, or using auto-responders or cancel-bots (except in cases of official newsgroup moderators performing their duties). "Excessive Cross-Posting" (ECP) or "Excessive Multi-Posting" (EMP), or "Usenet spam": Covad Wireless retains the exclusive right to define these and other terms, however, we generally defer to the definitions found at http://www.cybernothing.org/faqs/net-abuse-faq.html Disrupting newsgroups with materials, postings, or activities that are (as determined by Covad Wireless in its sole discretion), excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ, or charter. Performing any unauthorized creation, cancellation, or removal of newsgroups. The legitimacy of a given post or cancellation is generally determined by the official newsgroup or mailing-list moderator, therefore, Covad Wireless usually defers to their judgment on these issues, however, Covad Wireless retains the exclusive right to make these determinations.

Dialup Access

Dialup access accounts are for individual, interactive use only. Only the account holder is authorized to use the account and can only connect from one computer at a time. Dialup sessions may time out after 15 minutes of inactivity or 4 hours maximum per session, regardless of activity. You may not use scripts or programs used to defeat the inactivity time out period. Unlimited access refers to interactive use only. Unattended or automated use is not authorized.

Covad Wireless VOIP Services,

Voice service offered by Covad Wireless is for personal and small business use only. Use of service shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal or small business usage or violate state or federal laws.

Covad Wireless reserves the right to review usage of unlimited minute usage plans to ensure that there is no end-user abuse of such plans. End-user agrees to use unlimited minute plans for normal voice calls and will not employ methods or devices to take advantage of unlimited plans by using service excessively or for means not intended by Covad Wireless. Covad Wireless may terminate service immediately if, in its sole discretion, end-user is abusively using the unlimited minute plan.