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This Exhibit sets forth the Acceptable Use Policy ("Policy") for Customers, and their End Users when using Mainfreight's Software, Mainfreight's System, and Services. For purposes of this policy, the term "End Users" includes all customers of Mainfreight and their respective employees, officers, agents, contractors, clients, brokers, insurers, customers and other end users. The intent of this Policy is to ensure the integrity, security, reliability, and privacy of the Mainfreight's network, systems, products, services, server hosting facilities and data contained within (collectively, the "Mainfreight Network") and Customer's computer network ("Customer's System"). Mainfreight will use all reasonable efforts to correct any breach of this Acceptable Use Policy by another customer or such customer's End-User. Mainfreight reserves the right to modify the Policy at any time, on prior written notice.
NETWORK SECURITY
Customer is prohibited from violating, or attempting to violate, the security of the Mainfreight Network; Mainfreight is prohibited from violating, or attempting to violate, the security of Customer's System, and the End Users are prohibited from violating, or attempting to violate, the security of either the Mainfreight Network or Customer's System. Any violations may result in criminal and civil liabilities to the party or individual violating or attempting to violate the security of the Mainfreight Network or Customer's System. Both Mainfreight And Customer will have the right to investigate any alleged violations and will cooperate with law enforcement agencies as reasonably required, for example if there is a reasonable basis for suspecting a criminal violation. Examples of violations of the security of the Mainfreight and/or the Customer's System include, without limitation, the following:
Each Party acknowledges that the other may conduct these activities (or similar activities) as part of legitimate testing of its own system. Each Party will notify the other Party prior to conducting any system tests that involve activities similar to those listed above if the Party reasonably anticipates that the testing is likely to degrade or interrupt the Mainfreight Network or the Customer's System, as applicable.
ILLEGAL USE
The Mainfreight Network may only be used for lawful purposes. For example, no customer or End-User may knowingly use the Mainfreight Network or Customer's System to create, transmit, distribute, or store, and Mainfreight will not knowingly or negligently use the Mainfreight Network or Customer's System to create, transmit, distribute, or store material that:
If a Party or End-User becomes aware of any such activities, that Party or End-User is obligated to promptly notify the other Party (or, in the case of an End-User, the Party providing the relevant service) and take all other appropriate actions to cause such activities to cease.
CUSTOMER CONTENT
Mainfreight exercises no control over, and accepts no responsibility for, the content of the information passing through the Mainfreight Network, nor for any content provided on any third party websites linked to the Mainfreight Network. Any website links are provided as Internet navigation tools for informational purposes only and not as an endorsement by Mainfreight of the contents of such websites. Mainfreight does not adopt or warrant the accuracy of the content of any linked website.
Except as specifically provided, Mainfreight does not screen communications and is not responsible for screening or monitoring content on the Mainfreight Network; notwithstanding the foregoing, Mainfreight will use reasonable measures to screen and monitor for content that does not comply with this Acceptable Use Policy.
CONSEQUENCES OF ACCEPTABLE USE
Mainfreight may suspend or terminate access to the Mainfreight System, in the event of a violation or attempted, or threatened violation of this Acceptable Use Policy by a Customer or End User.