EXHIBIT “D” – Acceptable Use Policy ODC’s customers (each a “Customer”) must exercise a high degree of judgment and responsibility with respect to their use of ODC’s services and they must comply at all times with this Acceptable Use Policy. If a Customer or any third party affiliate of a Customer engages in any of the prohibited conduct identified below, this Acceptable Use Policy will be deemed to be violated and ODC reserves the right to terminate its relationship with the Customer (including any Hosting Agreement, Service Agreement or other agreement then in effect with the Customer). Upon detection or notification of an alleged violation of the Policy and prior to exercising any right of termination, ODC will initiate an immediate investigation into the violation. During the period of investigation, services and outgoing email may be suspended from the offending IP address(es) to prevent further violations. No refunds or fees shall be repayable to the Customer in the event of such termination or during any period of suspension. 1.1. Prohibited Conduct a) System Abuses The Customer shall not use the ODC network or services in any way that adversely affects other ODC customers. This includes but is not limited to: (i) gaining or attempting to gain unauthorized access to servers or services (such attempts include: "Internet scamming" (tricking other people into releasing their passwords); password robbery; security hole scanning; port scanning; probing; and, monitoring or testing for system or network vulnerabilities); (ii) introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (iii) intentionally omitting, deleting, forging or misrepresenting transmission information (including headers, return addressing information and IP addresses); (iv) engaging in any of the foregoing activities using the service of another provider but channeling such activities through a ODC account or re-mailer or using a ODC account as a mail drop for responses to unsolicited commercial emails ("UCE") or hosting a website that is advertised via UCE or otherwise requiring return transit through ODC’s internet backbone; or, (v) using IP addresses which were not assigned by ODC. b) Sending Unsolicited Commercial Email or SPAM The Customer shall not send "spam" or UCE over the ODC network. This includes third party "opt-in" lists. ODC’s services must not be used to send UCE and will not host sites or information advertised in UCE. The Customer is responsible for the actions of its users and must take all reasonable precautions to secure its servers and sites against SPAM exploits. c) Posting of Illegal Content The Customer shall not include content or have links to content that: (i) is unlawful or is reasonably considered offensive by the web community; (ii) promotes injury or physical harm against any group or individual; (iii) promotes or teaches illegal activities; (iv) exploits or depicts children in a negative/sexual way; (v) infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes; (vi) violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications. d) ODC Administrative Access The Customer acknowledges that to facilitate efficient server management, inventory, order processing, and related activities ODC servers and databases will include an ODC administrative account and password and/or a ODC daemon. All reasonable precautions are made by ODC to maintain the security of these tools and the privacy of Customer data. The Customer shall not tamper, hinder, delete or in any way change the functioning of these tools. 1.2. General ODC cannot monitor or control all the activities of the Customers. Subject to its right to terminate its agreements with a Customer which has violated this Policy, ODC exercises no control over Customer content and does not actively screen or censor the activities or content of Customers. The Customer, not ODC, assumes all responsibility and liability relating to its Internet activities.