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[ Acceptable Use Policy ] [ Privacy Policy ] [ Terms of Use ]

1. Scope.
This Acceptable Use Policy (this "Policy") governs the usage of Class Act Design's products and services (the "Services"). This Policy is incorporated by reference into each contract Class Act Design enters into with a customer (each, a "Customer") for the use of such Services. Class Act Design may modify this Policy at any time without notice. In addition, this Policy is incorporated by reference into the Terms and Conditions applicable to Class Act Design's Web site so that no person who utilizes Class Act Design's Web site (regardless of whether that person is a Customer) may take any action utilizing Class Act Design's Web site that a Customer would be prohibited to take utilizing the Services.

2. Purpose.
The purpose of this Policy is to enhance the quality of the Services and to protect Class Act Design's customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from Class Act Design (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.

3. Prohibited Uses.
Users may not:

a. Utilize the Services to send mass unsolicited e-mail to third parties.
b. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
- i. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
- ii. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
- iii. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
- iv. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
- v. Utilize the Services in any manner that violates applicable law.
c. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
- Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person.
  - i. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
d. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
- Utilize the Services to cause denial of service attacks against Class Act Design or other network hosts or Internet users or to otherwise degrade or impair the operation of Class Act Design's servers and facilities or the servers and facilities of other network hosts or Internet users;
  - i. Post messages or software programs that consume excessive CPU time or storage space;
  - ii. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User's own account;
  - iii. Utilize the Services to resell access to CGI scripts installed on Class Act Design's servers;
  - iv. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Interland systems, facilities or equipment;
  - v. Utilize the Services to gain unauthorized access to the computer networks of Interland or any other person;
  - vi. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
  - vii. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
  - viii. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
  - ix. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
  - x. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
  - xi. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
  - xii. Utilize the Services in any manner that might subject Class Act Design to unfavorable regulatory action, subject Class Act Design to any liability for any reason, or adversely affect Class Act Design's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Class Act Design in its sole discretion; or
  - xiii. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

4. Violations

Disclaimer. Class Act Design expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Interland has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.

a. Reporting Non-Copyright Violations. Class Act Design encourages Users to report violations of this policy by e-mail to: Class Act Design, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
b. Reporting Copyright Violations. Class Act Design complies with the Digital Millennium Copyright Act ("DMCA"). Class Act Design encourages Users to report an alleged copyright infringement involving a user by sending us an email at Class Act Design.
c. Remedies. If Class Act Design learns of a violation of this Policy, Class Act Design will respond to the applicable Customer and may, in Class Act Design's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
- 1. Warning the Customer;
- 2. Suspending the offending Customer from the Services;
- 3. Terminating the offending Customer from the Services;
- 4. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
- 5. Removing the offending content; and
- 6. Taking other action in accordance with this Policy, the applicable service contract or applicable law.

5. Reservation of Rights.
Class Act Design reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Class Act Design's Services, Customers and other Users. Class Act Design reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Class Act Design may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Class Act Design is authorized to monitor its communications through Class Act Design's network for such purposes.

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This Privacy Policy governs the manner in which Class Act Design collects, uses, maintains and discloses information collected from users of this Web site (each, a "User").

Privacy.
Users' privacy is very important to Class Act Design. Class Act Design is committed to safeguarding the information Users entrust to Class Act Design. This Web site is not directed at children under 13 years of age.

The Information We Collect.
Class Act Design may collect personally identifiable information from Users in a variety of ways, including through online forms, and other instances where Users are invited to volunteer such information. Class Act Design may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We do not use "cookies" to track how Users use our Web site.

How We Use Information.
Class Act Design may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by Class Act Design and its trusted affiliates and business partners, and otherwise to enhance Users' experience with Class Act Design and such affiliates and business partners. Class Act Design may also use information collected through our Web site for research regarding the effectiveness of the Web site and the marketing, advertising and sales efforts of Class Act Design, its trusted affiliates and business partners.

Disclosure of Information.
Class Act Design may disclose information collected from Users to trusted affiliates and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we may transfer information collected from Users in connection with a sale of Class Act Design's business.

Maintenance of Information.
Information about Users that is maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.

Questions.
Users may direct questions concerning this Privacy Policy by e-mail to Class Act Design. Users may elect not to receive solicitations from Class Act Design's from trusted affiliates, independent contractors and business partners by contacting us.

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Important! These terms and conditions (these "terms and conditions") govern the use of the classact-design.com web site (the "web site") by you and your employees and agents (collectively referred to as "you"). By using the web site, you agree to all of the provisions contained or referred to in these terms and conditions. Class Act Design ("The Company") reserves the right to change these terms and conditions at any time in its sole discretion. Your use of the web site after such changes are posted to the web site constitutes your acceptance of the changes. Please consult these terms and conditions regularly.

1. Scope. These Terms and Conditions govern Your use of the Web site. These Terms and Conditions, however, do not apply to The Company's products or services, which are the subject of separate agreements.

2. Permitted Use. You have a nonexclusive, nontransferable, limited, revocable right to use the Web site solely for Your informational use in evaluating The Company and its products and services. You may not use the Web site for any other purpose without The Company's express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity ("Person") to (i) frame the Web site or any portion thereof (whereby the Web site or a portion thereof will appear on a user's screen with a portion of another Web site, or with content or advertising of any Person without The Company's consent), or (ii) Co-brand the Web site or any portion thereof. "Co-branding" means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the Web site the impression that such the Person is associated or affiliated with The Company, or has the right to display, publish, transmit or distribute the Web site or content accessible within the Web site. In addition, You may not and may not authorize any Person to link to any part of the Web site without The Company's prior written consent. You agree to cooperate with The Company in causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease. You may not take any action that violates our Acceptable Use Policy.

3. Proprietary Information. You acknowledge and agree that as between The Company and You, The Company is the owner of all right, title and interest in the Web site and all content accessible within the Web site (the "Content"), including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Web site or the Content, without the express written consent of The Company, other than limited printed copies of materials that you may need for Your own use and that contains all of The Company's copyright and other notices.

4. Disclaimer. You will have access to a variety of third-party sources of content through the use of the Web site and the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other Web site that you can link to from the Web site. Accordingly, The Company has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Web site. You acknowledge and agree that any access, use or reliance on any such third party content is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by The Company, The Company does not operate, control or endorse any information, products or services of any other Person on the Web site or the Internet in any way. You also understand and agree that The Company does not guarantee or warrant that files available for downloading from the Web site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely effect You, Your computer or computer systems, or Your data or files. In addition, You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web site for the reconstruction of any lost data. Access to and your use of the web site and any information or services contained therein are provided "as is." The Company makes no representations or warranties of any kind, nature or description express, implied or statutory with respect to your use of the web site or the content contained therein, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, or arising through course of dealing, usage or trade practices, and The Company hereby disclaims the same.

5. Privacy Policy. The Company collects, stores and uses data collected from You in accordance with the Company's Privacy Policy.

6. Limitation on Liability. The Company, its licensors, service providers, content providers, employees, agents, officers and directors, will not be liable for any direct, indirect, incidental, consequential, or special damages of any kind, including, without limitation, loss of revenue or income, pain and suffering, emotional distress or similar damages, even if such parties have been advised of the possibility of such damages. In no event will the collective liability of the company and its licensors, service providers, content providers, employees, agents, officers and directors to you or any other person (regardless of the form of action, whether in contract, tort or under any other legal theory, including, without limitation, negligence or strict liability) exceed the amount, if any, you have paid to The Company to use the web site as provided in these terms and conditions for the applicable content or service out of which liability arose.

7. Indemnity. You will indemnify and hold The Company, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from Your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web site.

8. Trademarks. Class Act Design Internet marks appearing on the Web site are either registered or unregistered trademarks of classact-design.com. Other trademarks, service marks and logos appearing in this Web site are the property of either The Company, its content providers or other third parties. The Company, its content providers and such third parties retain all rights with respect to any of their respective trademarks, service marks or logos.

9. Miscellaneous

a. Headings, The headings of sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.
b. Governing Law and Jurisdiction, The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. Any suit, action or proceeding concerning the web site, its use, these terms and conditions, or concerning any other policy or procedure of the company regarding use of the web site, must be brought in a state or federal court located in Miami-Dade county, Florida, and you hereby irrevocably consent to the jurisdiction of such courts (and of the appropriate appellate courts there from) in any such suit, action or proceeding; and you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
c. Entire Agreement; Amendments. These Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.
d. Severability. The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
e. Waiver. No failure or delay on the part of The Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by The Company preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by The Company to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

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