1. Overview

By accessing or using the Beep Software that is hosted by Beep (or a third party on behalf of Beep), Customer consents to the terms of this Acceptable Use Policy (“AUP”). Beep may modify this AUP from time to time upon notice to Customer.

2. Suspension, Termination

If Beep determines that Customer has violated this AUP, Beep may terminate or suspend its provision of the Software through the Hosting Services to Customer. Beep will suspend Hosting Services for violation of the AUP on the most limited basis that Beep determines is reasonably practical under the circumstances to address the underlying violation. Beep will attempt to notify Customer prior to suspending the Hosting Services for violation of the AUP (which may be via email or any other notification); provided, however, Beep may suspend Hosting Services without notice if Beep becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of the AUP, that may expose Beep or Hosting Service Provider to criminal or civil liability or that may expose the Hosting Environment or any third party property to harm. Beep shall not be liable for any damages of any nature suffered by any Customer resulting in whole or in part from Beep's lawful exercise of its rights under this AUP.

3. Prohibited Conduct

A. General

The Hosting Services must be used in a manner that is consistent with the intended purpose of the Hosting Services and shall only be used for lawful purposes. Customer shall not use the Hosting Services to transmit, distribute or store content: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Hosting Services, Software or other Beep customers; or (c) that may expose Beep to criminal or civil liability.

B. Inappropriate Content

Customer shall not use the Hosting Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Beep, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

C. Intellectual Property

Customer shall not use the Hosting Services in any manner that would infringe, dilute, misappropriate, breach or otherwise violate any third-party intellectual property rights or any applicable laws. Customer is responsible for ensuring that all applications, software, programs, and content which are submitted to or utilized with the Hosting Services are properly licensed from the applicable third parties. Customer shall indemnify Beep in accordance with the Agreement for any claims by third parties brought against Beep based on an allegation that Customer failed to comply with the obligations set out in this paragraph.

D. Harmful Content

Customer shall not use the Hosting Services to transmit, distribute or store material that may be harmful to or interfere with the Software or any third party's networks, systems, services, or web sites, such as, but not limited to, viruses, worms, and Trojan horses.

E. Fraudulent/Misleading Content

Customer shall not use the Hosting Services 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 or which do not comply with any applicable advertising laws, rules or regulations.

F. Collecting Information

Customer shall not use the Hosting Services to store or collect, or attempt to store or collect, personal data without their prior knowledge and consent or in violation of any applicable law.

G. Email and Unsolicited Messages

Customer shall not use the Hosting Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email ("spam"). Further, Customer shall not use the service of another provider to send spam to promote a website hosted on or connected to the Software or to send e-mail messages which are excessive and/or intended to harass others.

H. Other Improper Actions

Customer shall not use the Hosting Services to conduct activities that may be harmful to or interfere with the Software or any third party's networks, systems, services or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Customer shall not violate or attempt to violate the security of the Hosting Services or the computers, accounts, or networks of another party. Customer shall not engage in any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. Beep may investigate such activity and may involve and cooperate with law enforcement authorities in prosecuting Customer involved in such activity.

I. Responsibility for Content

Beep takes no responsibility for any content created by Customer through the Software. Beep shall not monitor such content nor exercise any editorial control over such content. If Beep becomes aware that any such content may violate this AUP and/or expose Beep to civil or criminal liability, Beep reserves the right to block access to such material and suspend or terminate its provision of the Software to Customer. Beep further reserves the right to cooperate with legal authorities and third parties in any investigation of alleged wrongdoing.