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Mainfreight's Acceptable of Use Policy


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:

    • A customer or its End Users accessing data not intended for such Customer or End User

    • Probing, scanning, testing exploiting or attempting to probe, scan, test, or exploit the vulnerability of the Mainfreight Network or Customer's System, or using the Mainfreight Network or Customer's System to do so with regard to a third party system or network

    • Breaching Mainfreight's, Customer's, or an End-User's security or authentication measures

    • Attempting to interfere with service to any user, host, or network including, without limitation, via means of overloading, "flooding", "mail bombing," or "crashing"

    • Taking any action in order to obtain services or other benefits to which the user is not entitled

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:

    • Violates a patent, trademark, copyright, trade secret, or other intellectual property rights of others

    • Violates the privacy, publicity, or other personal rights of others

    • Impairs the privacy of communications

    • Contains obscene or pornographic content

    • Is or may be threatening, abusive, or hateful

    • Violates export control laws or regulations

    • Encourages conduct that would constitute a criminal offense or give rise to civil liability

    • Causes technical disturbances to the Mainfreight Network or Customer's System, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms

    • Violates reasonable requirements or policies of Mainfreight, Customer, or other service providers with respect to the network

    • Constitutes deceptive on-line marketing

    • Knowingly assists or permits any persons in engaging in any of the activities described above

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.

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