Purpose and Scope - The policies set forth in the Acceptable Use Policy are, in part, to help protect Peak 10, Inc. (Peak 10) customers from the consequences of malicious users or attacks on the Peak 10 resources. When a customer is a victim of Internet abuse, Peak 10 will do what we can to help them direct their complaint to the proper reporting agency or initiator within a Peak 10 Data Center. If the complaint is against a Peak 10 customer we will take appropriate action in accordance with the policies set forth in this document.

General Conduct - The Peak 10 network must be used in a manner that is consistent with the intended purpose of the Peak 10 network and may be used only for lawful purposes. Customers shall not use the Peak 10 network in order to transmit, distribute or store material that is: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (2) that may expose Peak 10 to criminal or civil liability. Customers are further prohibited from assisting any other person in violating any part of this Policy.

Responsibility for Content - Peak 10 takes no responsibility for any material created or accessible on or through the Peak 10 network. Peak 10 is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Peak 10 becomes aware that any such material may violate this Policy and/or expose Peak 10 to civil or criminal liability, Peak 10 reserves the right to block access to such material and suspend or terminate any Customer creating, storing or disseminating such material. Peak 10 further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Customer that Peak 10 deems responsible for the wrongdoing.

Inappropriate Content - Customers shall not use the Peak 10 network to transmit, distribute or store material that is inappropriate, as reasonably determined by Peak 10. Without limiting the general application of this rule, Users may not:

• Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
• Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
• Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
• Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
• Utilize the Services in any manner that violates applicable law.

Intellectual Property - Material accessible through the Peak 10 network may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Customers shall not use the Peak 10 network in any manner that would infringe, violate, dilute or misappropriate any such rights. If you use a domain name in connection with any of the Peak 10 network, you must not use that domain name in violation of the trademark, service mark, or similar rights of any third party.

Harmful Content - Customers shall not use the Peak 10 network to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Peak 10 network, any other network or equipment, or other Users.

Fraudulent/Misleading Content - Customers shall not use the Peak 10 network to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Customers are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Unsolicited Messages - Customers may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"), including, without limitation, actions such as using an e-mail account on Peak 10's network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the Peak 10 network. In addition, Customers may not use the Peak 10 network in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. An e-mail message will be considered unsolicited if it is sent to a recipient (1) who has not expressly requested or invited it; (2) with whom the sender does not have an existing business or personal relationship; or (3) who has requested that the sender not send them any further messages. For more information regarding policy on Electronic Mail see Peak-10 Acceptable Use Policy on Electronic Mail.

Third Party Rules; Usenet - Customers may have access through the Peak 10 network to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Customers must adhere to any such rules, guidelines, or agreements. Customers who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Customers may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet spam"), (b) cancel or supersede posts not originally posted by such Customer, unless such Customer does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

System and Network Security - Customers are prohibited from violating or attempting to violate the security of the Peak 10 network, including, without limitation, (a) accessing data not intended for such Customer or logging into a server or account which such Customer is not authorized to access, (b) impersonating Peak 10 personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such Customer is not entitled, or (g) attempting to utilize another User's account name or persona without authorization from that User. Customers are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Peak 10 services. Violations of system or network security may result in civil or criminal liability. Peak 10 will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations.

Suspension and Termination of Service - Any Customer which Peak 10 determines to have violated any element of this Acceptable Use Policy may be subject to a suspension or termination of service, and if Peak 10 deems it necessary, immediate suspension or termination of such Customer's service in accordance with the Customer’s Master Service Agreement. Peak 10 may take such further action as Peak 10 determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Peak 10 shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Peak 10's exercise of its rights under this Acceptable Use Policy.

Peak 10 reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when posted to Peak 10’s Web site or provided to the Customer directly.

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Information privacy policies related to Peak 10’s Corporate Website (www.peak10.com) and Customer Support Portal (pathfinder.peak10.com).

PURPOSE:

This privacy policy discloses the information privacy practices for the website you are currently visiting.

POLICY:

Peak 10 is committed to protecting your privacy. We do not sell, trade, or give away your personal information to anyone without your permission, except where such disclosure is legally required.

DEFINITIONS:

Information that can identify you as a specific individual, such as your name, phone number, email address, Social Security number, or credit card number is referred to as "personal information." Personal information also includes any information involving your financial circumstances, and history. “Cookies” are small files that are stored by your web browser to help a particular system recognize you and the pages you visited in a website. Peak 10 website uses cookies to store your account information between sessions and to maintain information regarding how you navigate our website. Peak 10 does not collect any personal information from cookies. Most browsers automatically accept cookies, but you can set your browser to refuse cookies.

PROCEDURES:

1. Peak 10 collects personal information in the normal course of business in order to process your requests. Information collected by Peak 10 is only available to the employees and partners of Peak 10 as needed to support your requests for service.
   • Peak 10 begins collecting personal information after you create an account by entering your email address and choosing your password or when you submit information to us through an electronic form.
   • Peak 10 may use your personal information to get in touch with you when necessary to process your requests. For example, emails will be sent to you to inform you of the status of your request, and to seek any additional information that may be required.
   • Peak 10, or a contracted marketing firm, may contact you to survey your satisfaction of our service and/or to inform you of additional products and services offered by us or our wholly-owned subsidiaries. You may opt out of receiving these additional communications from us by following the opt-out procedures identified below.
2. Peak 10 gathers anonymous information about you for internal purposes, and may share this anonymous information with contracted third parties.
   • Anonymous information is any information that does not personally identify you, including aggregate demographic information such as the number of visitors to this website from a particular location.
   • Peak 10 uses anonymous information for marketing purposes and to improve the services offered to you.
   • Peak 10 may use Cookies to gather anonymous information.
3. Peak 10 does not sell, trade, or give away personal information to anyone.
4. Peak 10 does not disclose or otherwise share personal information with third parties, except under the following conditions.
   • Peak 10 may disclose or report personal information when it is believed, in good faith, that the disclosure is required or permitted under law, for example, to cooperate with regulators or law enforcement authorities or to resolve consumer disputes.
   • Peak 10 may disclose personal information to other companies that help process or service your request, or correspond with you. For example, personal information may be provided to a third party to verify the validity or credit limit of your credit card. Such companies are not allowed to use your personal information for their own purposes and are contractually obligated to maintain strict confidentiality.
5. If Peak 10 makes any material changes to its information privacy practices that does not affect personal information already stored in its database, Peak 10 will post a notice in the privacy portion of this website notifying users of the change.
6. Peak 10 will provide notice of any changes in its information privacy practices. If Peak 10 intends to use your personal information in a manner different from that stated at the time of collection, you will be notified via email. You will then have a choice as to whether or not Peak 10 may use your personal information in this different manner.
7. Peak 10 may contact you to survey your satisfaction of its service or to inform you of additional products and services. If you want to opt out of these surveys or notices, you may do so by contacting Peak 10 by email at support@peak10.com or by mail at bthe address below or by replying in the manner stated at the time of contact.

8910 Lenox Pointe Drive, Suite B
Charlotte, NC 28273

8. Peak 10 continues to evaluate its efforts to protect your personal information and make every effort to keep your personal information accurate and up to date. If you want to correct or update your contact information, or have any questions about this privacy policy, you may contact Peak 10 by email at support@peak10.com or by mail at:

   8910 Lenox Pointe Drive, Suite B
   Charlotte, NC 28273

9. This privacy policy applies to this website, and may not apply to other websites that are owned or operated by Peak 10.
10. This website contains links to other websites. Please note that when you click on one of these links you are "moving" to another website. Peak 10 is not responsible for the information privacy practices or the content of these other websites. We encourage you to read the privacy policies of these linked websites as their information privacy practices may differ.