GENBA DIGITAL LTD. ACCEPTABLE USE POLICY

Last Modified: July 18, 2015

IMPORTANT NOTICE – PLEASE READ CAREFULLY. THIS ACCEPTABLE USE POLICY (“AUP”) SETS FORTH CONDUCT THAT IS PROHIBITED BY THOSE ACCESSING AND USING THE WEBSITE AND SERVICES OF GENBA DIGITAL LTD. BY ACCESSING AND USING THE GENBA WEBSITE AND SERVICES YOU ARE AGREEING TO COMPLY WITH THE TERMS OF THIS AUP.

Genba Digital Ltd. wants its customers to be informed of their rights and obligations in connection with their use of Genba Digital Ltd. website, services, products and related software and toolset, all of which are presently marketed under the Genba moniker (collectively, the “Service”). This AUP describes prohibited uses of Service and supplements Genba Digital Ltd’s Terms & Conditions (“Terms”) and/or the terms of each customer’s service agreement entered into by Genba Digital Ltd. (“Service Agreement”). It is the customer’s responsibility to ensure that it and its users comply with this AUP, which may be revised from time to time. Customers are responsible for monitoring this website for changes. Your use of Service after changes to the AUP are posted will constitute your acceptance of any new or additional terms of the AUP that result from those changes.

Because Genba Digital Ltd. cannot monitor and censor the Internet, and will not attempt to do so, Genba Digital Ltd. cannot accept any responsibility for injury to its customers (or any of their end users or accounts holders) that results from inaccurate, unsuitable, offensive, illegal or unlawful Internet communications. When customers disseminate information through Service, they also must keep in mind that Genba Digital Ltd. does not review, edit, censor or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information users contribute or upload to Service is carried over Genba Digital Ltd. networks or the networks of Genba Digital Ltd’s third party providers and may reach other people, customers’ content may affect other network users and may harm Genba Digital Ltd’s goodwill, business reputation and operations and/or the goodwill, business reputation and operations of Genba Digital Ltd’s third party providers.

Accordingly, the bulleted actions described below are defined by Genba Digital Ltd. as “system abuse” and are expressly prohibited under this AUP. The examples listed below are not exhaustive and are provided to you solely as guidance. If you violate this AUP or authorize or help others to do so, Genba Digital Ltd. may suspend or terminate your use of Service or take other necessary actions as set forth in the Terms.

Security Violations and System Abuse

Prohibited activities include:

• attempting to interfere with or denying service to any user or host (e.g., denial of service attacks);
• falsifying header information, user identification or user information;
• send altered, deceptive or false source-identifying information (e.g., “spoofing” or “phishing”);
• introduction of malicious programs into the network that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data (e.g., viruses, worms, Trojan horses, time bombs, cancelbots, etc.);
• probe, scan, or test the vulnerability of Service;
• breach or otherwise circumvent any security or authentication measures;
• access or search Service by any means other than the Genba Digital Ltd. supported interfaces (e.g., “scraping”);
• monitoring or scanning the networks of others without permission (e.g., port scan);
• attempted or successful security breaches or disruption of Internet communication, including without limitation accessing data, machines or networks of which the customer is not an intended recipient or user or logging into a server or account that the customer is not expressly authorized to access (e.g., hacking or cracking);
• executing any form of network monitoring (e.g., packet sniffer) which will intercept data not intended for the customer;
• using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
• sending unsolicited commercial email or unsolicited bulk email (e.g., UCE, UBE, or spamming) through Service; or sending unsolicited commercial or bulk email through another provider;
• advertising or implicating, directly or indirectly, the use of any service hosted or provided by Genba Digital Ltd., including without limitation email, web, FTP and DNS Services;
• hosting websites that sell products or services that are used to gather email addresses or to assist in the sending of unsolicited email;
• providing (with or without an associated fee) automated tools, software and/or support services that allow others to engage in spamming (e.g., spamware);
• maintaining an open relay mail server;
• collecting e-mail addresses from the Internet for the purpose of sending unsolicited e-mail or to provide collected addresses to others for that purpose (e.g., database scraping and/or database harvesting);
• transmitting or receiving copyright infringing material, including but not limited to copyrighted music, video,
• software, books, programs or other published material; or transmitting or receiving obscene, indecent, offensive, racist, defamatory, unreasonably violent, threatening, intimidating or harassing material.
• Export Control Violations – The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.
• Other activities, whether lawful or unlawful, that Genba Digital Ltd. or any of its third party providers determines to be harmful to its customers, subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.

Content Restrictions

The following content restrictions apply to Your Content (as defined in the Terms) any and all material which you contribute or upload to Service. You may not use, or encourage, promote, facilitate or instruct others to use Service for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include:

• providing Personally Identifiable Information (PII), which can be used to distinguish or trace an individual’s identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc. Service is not designed to be a storage place for PII. In connection with your use of Service, however, Genba Digital Ltd. may collect, use and disclose certain types of your information in accordance with the Genba Digital Ltd. Privacy Policy
• providing content that infringes on or misappropriates the intellectual property rights of Genba Digital Ltd. or others;
• providing content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable;
• providing content that violates any applicable law, regulation, treaty or tariff, or promotes any illegal activity;
• activities that may be harmful to others including deceptive online marketing practices including, without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes; and
• providing content that violates the acceptable use policies or website terms of any networks, machines, or services which are accessed through Service.

The responsibility for avoiding the harmful activities just described rests with the customer. Genba Digital Ltd. will not, as an ordinary practice, monitor the communications of customers to ensure that they comply with Genba Digital Ltd. policy or applicable law, but Genba Digital Ltd. reserves the right to investigate any violation of this AUP or misuse of Service. When Genba Digital Ltd. becomes aware of harmful communications, or when it is notified or becomes aware of actual or potential violations of this AUP, Genba Digital Ltd. may take any action to stop the harmful activity, including, without limitation: filtering; denying access to Service; suspending or terminating such access; and/or taking any other actions as deemed appropriate by Genba Digital Ltd. Genba Digital Ltd shall have the sole discretion to determine which action is appropriate under the circumstances. Genba Digital Ltd may take action immediately without regard to any cure periods that may be set forth in the customer’ s applicable Service Agreement. Genba Digital Ltd shall have the sole right to interpret the meaning of any provision of this AUP or whether a customer’ s or any of its end-user’ s or account holder’ s activity violates this AUP.

Customers who violate this AUP may incur criminal or civil liability. Genba Digital Ltd. may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with the civil or criminal investigations of violations.

Reporting of Violations

If you become aware of any violation of this AUP, you will immediately notify Genba Digital Ltd. and provide us with assistance, as requested, to stop or remedy the violation. Please report any violation of this AUP to commercial@genbadigital.com