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Ortiva Wireless, Inc. Acceptable Use Policy
A. General
Ortiva Wireless, Inc. (“ORTIVA”) provides a variety of content delivery services for mobile networks (“Services”). ORTIVA has formulated this Acceptable Use Policy (“AUP”) in order to ensure the appropriate use of the Services and the ORTIVA network, systems, and facilities (“Infrastructure”) by our customers, our customers’ customers, members, or end-users and any other parties who use or access the Services or the Infrastructure (collectively, “Users”). All Users must comply with this AUP. ORTIVA reserves the right to change this AUP from time to time and will notify Users by posting a revised copy of the AUP on the ORTIVA web site at http://www.ortivawireless.com/legal_notices/. By using or accessing the Services or Infrastructure, Users agree to be bound by the terms of this AUP. Any indirect or attempted violation of this policy by or on behalf of a User, and any actual or attempted violation by a third party on behalf of a User, shall be considered a violation of the policy by the User and the User shall be held directly accountable therefore.

B. Acceptable Use
Users shall not use the Services or Infrastructure to transmit, distribute or store material: (a) in violation of any applicable law, regulation, or judicial order; (b) that violates the terms of this AUP, the terms of any applicable agreement with ORTIVA, or any other ORTIVA policy applicable through the Agreement; (c) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by other ORTIVA customers; or (d) that may expose ORTIVA to criminal or civil liability. Users shall cooperate with ORTIVA in investigating and correcting any apparent breach of this AUP. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute or otherwise access or make available using the Services or Infrastructure.

In particular, but without limiting the more general prohibitions in this AUP, Users shall not use the Services or Infrastructure, or assist anyone else to transmit, distribute or store information or material that, as reasonably determined by ORTIVA, is (a) inappropriate, pornographic, obscene, defamatory, threatening, abusive, advocating violence or which violates a law, regulation or public policy; (b) harmful to or interferes with ORTIVA’S provision of Services, the Infrastructure, or any third party's networks, equipment, applications, services, or web sites (e.g., viruses, worms, Trojan horses, etc.); (c) would infringe, dilute, misappropriate, or otherwise violate any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information; or (d) avoid incurring charges or otherwise being required to pay for Services;

C. ORTIVA’S Rights and Remedies
ORTIVA has no responsibility for any material or information created, stored, maintained, transmitted or accessible on or through the Services or Infrastructure and is not obligated to monitor or exercise any editorial control over such material. In the event that ORTIVA becomes aware that any such material may violate this AUP and/or expose ORTIVA to civil or criminal liability, ORTIVA reserves the right to investigate such material, block transmission of such material and suspend or terminate any Services without liability. ORTIVA further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that ORTIVA believes is responsible for such violation. ORTIVA also reserves the right to implement technical mechanisms to prevent AUP violations. Nothing in this AUP shall limit in any way ORTIVA’S rights and remedies at law or in equity that may otherwise be available.