Content Oasis Acceptable Use Policy

Introduction

Content Oasis’ goal is to provide its customers with the best broadband Internet service possible. In order to help accomplish this, Content Oasis has adopted this Acceptable Use Policy (the “Policy”). This Policy outlines permitted uses of Content Oasis Internet services, including Content Oasis-provided residential and enterprise services (collectively, the “Service”). This Policy is in addition to any other restrictions contained in any applicable terms and conditions or other agreements between you and Content Oasis. All capitalized terms used in this Policy that are not defined here have the meanings given to them in the Broadband Services Agreement, or in the Contract for Technical Services, as applicable. All Content Oasis customers and all others who use the Service (the “customer,” “user,” “you,” or “your”) must comply with this Policy. Your failure, or others’ failure, to comply with this Policy could result in the suspension or termination of your Service and/or account. Therefore, you should take steps to ensure that others you permit to use your Service are aware of this Policy and agree to abide by it. In the event your Service and/or account are terminated, termination or other charges may apply. If you or your business do not agree to comply with this Policy, you must immediately stop all use of the Service and notify Content Oasis so that we may close your account. Content Oasis may revise this Policy from time to time. Content Oasis will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending email announcements or posting information on the Content Oasis website, www.contentoasis.com. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the Service should read any Content Oasis announcements they receive and regularly visit the Content Oasis web site and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy to, and report violations of it at legal@contentoasis.com.

Section I. Prohibited Uses and Activities

What uses and activities does Content Oasis prohibit? In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer-Provided Equipment, or the Content Oasis Equipment, either individually or in combination with one another, to:

• undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-Nigerian law, order, or regulation;
• post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;

• upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
• transmit unsolicited bulk or commercial messages commonly known as “spam;
• send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
• initiate, perpetuate, or in any way participate in any pyramid, “419” or other illegal scheme;
• participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
• collect responses from unsolicited bulk messages;
• use IRC (Internet Relay Chat) or other chat services or tools to flood chats, establish more than two (2) concurrent chat connections per device at any time, or use unattended clones, bots, or other automated programs to engage in chats;
• falsify, alter, or remove message headers;
• falsify references to Content Oasis or its network, by name or other identifier, in messages;
• impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
• violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;
• access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for your business, logging into or making use of a server or account your business is not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
• use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
• copy, distribute, or sublicense any proprietary software provided in connection with the Service by Content Oasis or any third party, except that your business may make one copy of each software program for back-up purposes only;
• distribute programs that make unauthorized changes to software (cracks);
• service, alter, modify, or tamper with the Content Oasis Equipment or Service or permit any other person to do the same who is not authorized by Content Oasis;
• restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions or tools implementing authorized internal business policies), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
• restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Content Oasis (or Content Oasis supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Content Oasis (or Content Oasis supplier) facilities used to deliver the Service;
• make the Service available to anyone other than you, members of your household, your business or your business’ authorized employees, contractors, or users (i.e. members of the public, customers of an establishment, hotel or motel guests and patrons, or persons in a residence hall or apartment building) unless done with Content Oasis’ written approval in accordance with an applicable Broadband Services Agreement and/or Contract for Technical Services;
• resell the Service or otherwise make available to anyone outside the Service Location(s) the ability to use the Service (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly, unless expressly permitted by an applicable Broadband Services Agreement and/or Contract for Technical Services;
• connect the Content Oasis Equipment to any computer outside of your business’ Service Location(s);

• interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host;
• interfere with Content Oasis’s ability to control or block ports for safety and security purposes and as part of its overall network management;
• interfere with Content Oasis’s use and control of its domain name server (“DNS”) used in connection with the Service; and
• accessing and using the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”), unless such an IP address is expressly permitted by an applicable Broadband Services Agreement and/or Contract for Technical Services.

Section II. Customer Conduct and Features of the Service

In addition to being responsible for your own compliance with this Policy, you and/or your business are also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by a family member, an employee, contractor, customer, or guest with access to your Service and/or account. Therefore, you and/or your business must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of logins and passwords. In all cases, you and/or your business are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. In addition, you and/or your business are solely responsible for securing access to any Content Oasis and/or Content Oasis supplier-provided account portal or other feature that provides administrative and account management-related features for your Service account. It is also your responsibility to secure the Customer-Provided Equipment and any other Service Location(s) equipment or programs not provided by Content Oasis that connect to the Service from external threats such as viruses, spam, botnets, and other methods of intrusion. Content Oasis reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to Content Oasis’ network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither Content Oasis nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on online storage features such as websites and servers) made on the Service. However, Content Oasis and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, an applicable Broadband Services Agreement and/or Contract for Technical Services, and applicable law. The Service may not be used to communicate or distribute spam email or other forms of communications in violation of Section I in this Policy. As described below in Section III of this Policy, Content Oasis and its suppliers use reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer). Content Oasis is not responsible for deleting or forwarding any email sent to the wrong email address(es) by you, your business or by someone else trying to send email to you, your business or its employees, contractors, or users. Content Oasis is also not responsible for forwarding email sent to any account that has been suspended or terminated. In the event that Content Oasis believes in its sole discretion that any subscriber name, account name, or email address (collectively, an “identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Content Oasis (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. Neither Content Oasis nor any of its suppliers shall have any liability for the deletion of, or failure to store, messages or of the mis-delivery of, failure to deliver or the untimely delivery of messages. Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Content Oasis assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. As part of the Service, Content Oasis may provide various services that you and/or your business can subscribe to and which include, among other features, the provision of public IP addresses that may be connected to computers or servers used for website hosting, file storage, and file transfer. You and/or your business are solely responsible for any information that you or others publish or store on such computers or servers. You and/or your business are also responsible for ensuring that all content made available through the Service is appropriate for those who may have access to it. For example, you and/or your business must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. Content Oasis reserves the right to remove, block, or refuse to allow access to or transmission of any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I in this Policy. For purposes of this Policy, “materials” refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. Content Oasis may remove or block IP addresses associated with you and/or your business’ web-connected computers and/or servers and terminate your and/or your business’ use of the Service if we determine that you and/or your business have violated the terms of this Policy. Content Oasis provides the Service for use in your home and/or business. Most everything you and/or your business do using the Service will be directly attributable to you/it and affect your/its reputation. However, because Content Oasis provides the systems to deliver the Service, there are some things that you and/or your business can do using the Service that are directly attributable to Content Oasis and affect its reputation. Most obviously, if your business uses the Service to send spam (or what spam reporting services or recipients classify as spam) or uses an IP address for an improper purpose such as phishing, these activities may affect Content Oasis’ reputation because of its ownership of the IP addresses associated with the Service. Of course, these activities also violate this Policy. Content Oasis reserves the right to suspend or terminate Service accounts when you and/or your business’ use of the Service or any of its features negatively impacts Content Oasis’ reputation as determined in its sole discretion. For example, any use of the Service or its features that results in your home and/or business Service account, or any associated Content Oasis information, being listed on, for example, spam reporting web sites such as Spamhaus, SBL, ROKSO, TrendMicro Maps, or SenderScore Blocklist, or anti-phishing or anti-spyware services, may result in Content Oasis suspending or terminating your home or business Service account. In these situations, Content Oasis prefers to work directly with you or your business to address the problems causing harm to our reputation so that they do not happen again.

Section III. Network Management

Content Oasis manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as Content Oasis works to promote the use and enjoyment of the Internet by all of its customers. The company uses reasonable network management practices that are consistent with industry standards. Content Oasis tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet. The need to engage in network management is not limited to Content Oasis. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that Content Oasis does. If the company didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this Policy, Content Oasis can deliver the best possible broadband Internet experience to all of its customers. Content Oasis uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Broadband Services Agreement and/or Contract for Technical Services. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, and (iii) using other tools and techniques that Content Oasis may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

Section IV. Data Consumption

The Service is for home or commercial use only in a small, medium, or large business as determined by the applicable Broadband Services Agreement or Contract for Technical Services. Therefore, Content Oasis reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical residential or commercial user of the Service as determined by the company in its sole discretion, or where it exceeds published data consumption limitations. Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using: (i) file transfer protocol (“FTP”); (ii) peer-to-peer applications; and (iii) user generated content sites. You and/or your business must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, nor represent (as determined by Content Oasis in its sole discretion) an overly-large burden on the network. In addition, you and /or your business must ensure that your use of the Service does not limit or interfere with Content Oasis’ ability to deliver and monitor the Service or any part of its network. If you and/or your business use the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, Content Oasis may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a different version of the Service if you wish to continue to use the Service at higher data consumption levels. Content Oasis may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Services Agreements or Contracts for Technical Services. Content Oasis’ determination of the data consumption for Service accounts is final.

           Section V. Violation of this Acceptable Use Policy

Content Oasis reserves the right immediately to suspend or terminate your Service account and terminate the Broadband Services Agreement or Contract for Technical Services, as applicable, if you, your business, or anyone else you allow to access the Service violate the terms of this Policy, the Broadband Services Agreement or Contract for Technical Services. Content Oasis does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Content Oasis has no obligation to monitor the Service and/or the network. However, Content Oasis and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Content Oasis users. Content Oasis prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Content Oasis also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Content Oasis’ intervention. However, if the Service is used in a way that Content Oasis or its suppliers, in their sole discretion, believe violates this Policy, Content Oasis or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither Content Oasis nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Content Oasis’ exclusive remedies and Content Oasis may take any other legal or technical actions it deems appropriate with or without notice. Content Oasis reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Content Oasis’ servers and network. During an investigation, Content Oasis may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You and/or your business expressly authorize and consent to Content Oasis and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, Content Oasis is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts). The failure of Content Oasis or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You and/or your business agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You and your business agree to indemnify, defend and hold harmless Content Oasis and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Policy. Your indemnification will survive any termination of the Broadband Services Agreement and/or Contract for Technical Services.

Section VI. Copyright

Content Oasis is committed to complying with Nigerian and international laws, rules and regulations that protect copyrights and intellectual property, including U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you and/or your business may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by international copyright conventions, and Nigerian copyright law. Owners of copyrighted works who believe that their rights under applicable copyright law have been infringed may report alleged infringements. It is Content Oasis’ policy in accordance with Nigerian and other applicable copyright laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Content Oasis, in its sole discretion, believes is infringing these rights. Content Oasis may terminate the Service at any time with or without notice for any affected customer or user. Copyright owners may report alleged infringements of their works by sending Content Oasis a notification of claimed infringement that satisfies the requirements of applicable copyright law(s). Upon Content Oasis’ receipt of a satisfactory notice of claimed infringement for these works, Content Oasis will respond expeditiously to disable access to the work(s), to the extent to which it is technically feasible to do so. Content Oasis will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). Copyright owners may send Content Oasis a notification of claimed infringement to report alleged infringements of their works to legal@contentoasis.com. Anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Content Oasis, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material. Content Oasis will not be a party to any disputes or lawsuits regarding alleged copyright infringement. Revised and effective: October 15, 2013