NOTIFICATION OF ALLEGED VIOLATION- PEAK 10 shall send a notification of alleged violation to any initiator who violates PEAK 10 AUP if -

• a recipient or a provider of Internet access service notifies PEAK 10, in such form and manner as PEAK 10 shall determine, that a transmission has been received in violation of PEAK 10 AUP; or

• PEAK 10 has other reason to believe that such person has violated or is violating PEAK 10 AUP.

TERMS OF NOTIFICATION-
Stage One Notification of alleged violation shall-

• identify the violation for which the notification was issued;

• direct the initiator to refrain from further violations of Acceptable Use Policy; and

• in regards to electronic mail, direct the initiator (and the agents or assigns of the initiator) to cease and desist future Electronic Email deliveries of the designated recipients or providers from all mailing lists owned or controlled by the initiator (or such agents or assigns) after the expiration of a reasonable period of time defined in the Enforcement of Notification Terms.

Pre Stage Two Notification of Intent to Null Route or Filter shall-

• identify the violation for which the notification was issued;

• expressly prohibit the initiator (and the agents or assigns of the initiator) from further violations of Acceptable Use Policy, effective on the second day (excluding Saturdays, Sundays, and legal public holidays) after receipt of the notification; and

• in regards to electronic mail, direct the initiator (and the agents or assigns of the initiator) to 'immediately' cease and desist ALL Electronic Email deliveries of the designated recipients or providers from all mailing lists owned or controlled by the initiator (or such agents or assigns).

• This is a formal notice of PEAK 10's intent to take action to block offending traffic from the device that the offenses originate, unless the initiator (and such agents or assigns), implement measures to stop the abuse and prevent future occurrences that are acceptable to PEAK 10.

Stage Two Notification of Escalation and Possible Suspension-

• A Stage Two Warning is a legally binding 'Cease and Desist' order that is both faxed and sent by certified email to the initiator. This letter must be signed and returned with in a 24hr period after receipt. Should the letter not be returned in a 24hr period after receipt, services provided by PEAK 10 associated with the offense will be suspended until such time as the letter is returned.

• Once a Stage Two Warning is issued to a customer, it is in effect for a six-month period, during which time NO recipient complaints and evidence of non-compliance can occur. Should any AUP Violation occur during the duration of the 'Cease and Desist', an escalation to Level Three could be warranted. The final decision to escalate to a Stage Three Situation will be handled on a case-to-case basis.

Stage Three Notification of Escalation to Termination-

• You would be receiving this escalation only if the initiator has proven they do not wish to cooperate with PEAK 10 Technology Gateway in resolving violations of the AUP. It is the sole intent of PEAK 10 to avoid such escalation. This notice is in fact, a Termination Notice. The termination of services shall be immediate and lasting. If you happen to have multiple lines with PEAK 10 Technology Gateway this would only affect the line the violations were attributed to.

• PEAK 10 is not in the habit of disabling the business of its customers. It is an entity created to assist you in handling your downstream customers, in the area of AUP violations, by accepting the majority of the public reaction and quietly informing you of the transgressions.

• PEAK 10 will resort to further escalation ONLY if it is evident that no positive steps towards the resolution of the listed violation has occurred. It should also be noted that this mail pertains to several instances of address space within your assigned space being in violation of PEAK 10's AUP. Once the initiator has taken steps to end this particular violation, any further violations will be considered a separate violation and considered as such.

COVERAGE OF MINOR CHILDREN BY NOTIFICATION- Upon request of a recipient of a notification in violation of PEAK 10 AUP, PEAK 10 shall include in the notification of alleged violation the names and electronic mail addresses of any child of the recipient.

ENFORCEMENT OF NOTIFICATION TERMS-

HEARING AND ORDER- If PEAK 10, after an opportunity for a hearing on the record of any Stage Notification, determines that the initiator (and such agents or assigns) upon whom the complaint was served violated the terms of the notification; PEAK 10 shall issue an order directing that entity to comply with the terms of the notification.

PRESUMPTION- For purposes of a determination, receipt of any transmission in violation of a notification of alleged violation within 5 days (excluding Saturdays, Sundays, and legal public holidays) or more after the effective date of the notification or receipt of request shall create a rebuttal presumption that such transmission was sent after such effective date.

PEAK 10 IMMEDIATE SUSPENSION PENALTY-PEAK 10 provides an Internet connection for business use. Service suspension and termination incidents are defined as follows:

PEAK 10 Hacking Authority- Unauthorized access attempts
Attempting to gain unauthorized access into another computer is a violation of the PEAK 10 Acceptable Use Policy. Unauthorized attempted access includes (but is not limited to) exploiting application vulnerabilities, port scanning, Trojan/virus connection attempts, or password cracking. This type of activity is in violation of the PEAK 10 Acceptable Use Policy and may result in permanent termination of your service.

Hacking - Denial of Service attacks
Any attempt to stop a target machine from communicating on the Internet or from allowing communication from the Internet to the target machine is considered a violation of the PEAK 10 Acceptable Use Policy and may result in permanent termination of your service. These attempts include (but are not limited to) ICMP floods, SYN Floods, Smurf attacks, or Land attacks.

Distribution of copyrighted material
A copyright is an intangible property right in original material created by an author. Examples of copyrighted material include software, music, images, or multimedia works. Copyrighted works also include any original expression, which appears on someone's homepage or is transmitted in a newsgroup or by e-mail. Typically, it consists of music (MP3s), movies (MPEG, AVI, and Divx), software (warez), or original art.

Digital Millennium Copyright Act (DMCA)
When PEAK 10 is notified of copyright infringement, we are obligated under an Act of Congress called the Digital Millennium Copyright Act (DMCA) to take action. PEAK 10 does not actively seek out copyright violations; however, there are groups that represent artists and other copyright holders that do. The Recording Industry Associating of America (RIAA) actively looks for copyrighted music such as MP3s. Universal Studios actively looks for movies such as DVDs or Divx. There are also software owners and artists that look for this material themselves.

Posting
It is also a violation of the PEAK 10 Acceptable Use Policy to post copyrighted material to any public bulletin board or newsgroup. The same conditions and responsibilities apply to posting copyright material that applies to serving copyright material.

Spam
Spam is any information that the recipient did not explicitly consent to receive. There are ways to market on the Internet that do not entail the sending of unsolicited e-mail.

Electronic Mail Suspension Authority:

IP Forgery- The initiator (and the agents or assigns of the initiator) intentionally initiates the transmission of any solicited or unsolicited electronic mail message to a recipient with knowledge that any domain name, header information, date or time stamp, originating electronic mail address, or other information identifying the initiator or the routing of such message, that is contained in or accompanies such message, is false or inaccurate.

Fraudulent/Misleading Activity- The initiator (and the agents or assigns of the initiator), during any portion of investigation of incidents regarding unsolicited electronic mail messages by PEAK 10 authorized personnel, fails to communicate and/or fully cooperation with PEAK 10 staff or attempts to alter or impede investigations of fraudulent activity regarding solicited or unsolicited electronic mail.

Malicious Intent- The initiator (and the agents or assigns of the initiator) fails to adhere to set policies and standards for the distribution of solicited or unsolicited electronic mail.

Open Relay - Open relay exists when a machine has an e-mail server mis-configured to allow anyone on the Internet to use it as an outgoing mail server. This potentially allows someone to Spam anonymously through the mis-configured machine, anonymously harass someone, or even anonymously threaten someone's life.

Mail Bombing - Mail bombing refers to sending hundreds of thousands of e-mails to a single recipient. In effect, this can deny the recipient from downloading his or her mail, fill up a POP mail drop, or fill up the recipient's hard drive. A customer that mail bombs is subject to suspension or termination from the PEAK 10 Technology Gateway Center.