ANNEX 1 - ACCEPTABLE USER POLICY OR AUP

General provisions

(a) The AUP contains a descriptions of the obligations and responsibilities of the Client in connection with the use of the IaaS, PaaS and SaaS. This AUP is an integral part of the Agreement. A breach of this AUP may, pursuant to article 6.7 of the General Terms and Conditions, result in the suspension or termination of this Agreement.

(b) The terms with a capital used in this AUP refer to the definitions used in the General Terms and Conditions.

(c) The Client is responsible for any breach of the obligations and responsibilities in this AUP and this regardless whether this violation was caused by the Client, the Users or a third party who makes use of the IaaS, PaaS and SaaS (whether or not authorised by the Client). The Client procures that it will include this provision in the agreements with third parties concerning the use of the IaaS, PaaS and SaaS. The Client shall safeguard the Service Provider for all damage which is the result of a violation and/or non-compliance with this AUP.

(d) The Service Provider will not monitor the activities of the Client, nor will it verify the content of the Material which has been placed on the IaaS, PaaS and SaaS by the Client and/or the Users. The Service Provider is however entitled to remove those Materials of which it may reasonably assume that they violate the AUP. In such event, and to the extent possible, the Service Provider will inform the Client, in order to allow the Client to take the necessary actions to prevent or terminate such activities. In the event of severe violations or in the event that the Service Provider was not in the possibility to inform the Client in advance, it suffices that the Service Provider informs the Client afterwards.

(e) The Client acknowledges and accepts that the Service Provider will cooperate with the authorities and/or other third parties to investigate criminal and other undesirable activities.

(f) Given the fact that the internet and the possibilities to misuse the internet are continuously evolving, the Service Provider retains the right to alter the AUP. In the event that such alterations are made to this AUP, the Service Provider presents the AUP to the Client for acceptance. To the extent necessary, the Client procures that Users who make use of the Services and/or IaaS, PaaS and SaaS shall accept these alterations.

(g) In case a disk occupation reaches 90% of its reservation space, the Customer shall receive via registered e-mail and/or SMS a request

to order additional disk space. Without reaction of the Customer and upon reaching 95% of its reservation space, the reserved space will be automatically extended by 15% and the additional disk quantities invoiced will be adjusted accordingly.

(h) The Service Provider is entitled to unilateral change the AUP. In such event, the Client will be informed of the changes. If these changes are not accepted by the Client, the Client shall be entitled to terminate the Agreement with the Service Provider. Such will not result in additional costs for any of the Parties.

Misuse

(a) The IaaS, PaaS and SaaS may not be used for illegal or irresponsible actions.

(b) Is considered to be illegal or irresponsible:

(i) Illegal use: the IaaS, PaaS and SaaS and/or the Services provided by the Service Provider may not be used for illegal activities or in support of illegal activities;

(ii) Harm to minors: the IaaS, PaaS and SaaS and/or the Services provided by the Service Provider may not be used to cause harm to minors. Is inter alia considered to harm minors: child pornography;

(iii) Threat: the IaaS, PaaS and SaaS and/or the Services provided by the Service Provider may not be used to place and/or transmit any Material that contains threats and/or encourages to harm/damage people, institutions and/or property. It is also prohibited to distribute, publish or display materials which are excessively violent, incite violence, threaten with violence, have a harassing content or contain hate generating comments;

(iv) To spread, publish, display Materials which endanger a person’s security or health or which could harm the public safety or public health;

(v) To spread, publish, display Materials which are excessively violent or which incite violence;

(vi) To spread, publish, display Materials that promote illegal drugs, violate the export regulations or that are connected to illegal gambling or illegal arms trafficking;

(vii) To disrupt the systems in the network and/or IaaS, PaaS and SaaS and/or to disrupt the network services or network communications;

(viii) Fraudulent activities: the IaaS, PaaS and SaaS and/or the Services provided by the Service Provider may not be used to make fraudulent offers, to buy or sell fraudulent goods or services or to promote scams;

(ix) The collection or use of information and/or personal information without the permission of the owner of the information;

(x) The collection of use of e-mail addresses; screen names; e-ID cards, payment card and/or credit cart data or other user identification without the permission of the identified person, including but not limited to phishing, internet scamming, theft of passwords, spidering or harvesting;

(xi) To deliberately spread viruses or to introduce other types of malicious programs into the network or system which aim to harm (or threaten to do so) the systems, software or date of third parties;

(xii) To send, spread or display any material (via uploading or otherwise) that infringes any copyright, trademark, patent, trade and/or other secrets or other (intellectual) property rights of third parties;

(xiii) Exploiting the IaaS, PaaS and SaaS or the Services provided by the Service Provider to gain access or attempt to gain access to the accounts of third parties;

(xiv) Violations of the integrity of computer- and network systems. The Client undertakes, inter alia, not to intentionally develop or use programs that hinder other users or to infiltrate in and/or damage a computer, a computer system or a network or which alter the software components of a computer, a computer system or a network;

(xv) To gain access, or attempt to gain access to the accounts of third party, or to infiltrate or attempt to infiltrate in the security of the computer software or hardware, electronic communication systems of the IaaS, PaaS and SaaS or a third party, regardless whether this result in the corruption or loss of data.

Security

(a) The Client shall at all times be responsible and liable for any abuse of his account(s). The Client shall take all necessary steps to prevent that unauthorized third parties gain access to its/her account(s). The Users shall also not access the accounts of other Users and who have access to the IaaS, PaaS and SaaS and/or services of the Service Provider.

(i) The Client shall ensure:

(ii) That the password to access the account(s) shall remain secret. To the extent necessary, the Client shall impose a similar obligation to Users and who make use of the IaaS, PaaS and SaaS and/or the Services of the Service Provider;

(iii) That sufficient security measures are taken to prevent any abuse the account(s) by third parties

(iv) That the password and the access to the account(s) are not shared with others (including between Users);

(b) It is also prohibited:

(i) To bypass the user identification or security of the IaaS, PaaS and SaaS, network or account. This includes inter alia providing itself or Users unauthorised access to data and/or to provide itself or the Users access to data which was not meant for him/her;

(ii) To login to or make use of a server or account of which the Client or the Users have no access to;

(iii) To make use of tools which are designed to bypass or break security measures.

(iv) To execute or launch Denial of Service (DoS) attacks, Distributed Denial of Service (DDoS) attacks;

(c) Bypassing or breaking (or an attempt thereto) of the security of the systems or networks may be subject to civil or criminal prosecution. The Service Provider shall fully cooperate with the authorities and other parties who investigate such matters.