NIRIX Acceptable Use Policy

Thank you for choosing NIRIX’s Advanced Cloud Services!

These terms and conditions are in addition to NIRIX’s Hosting Service Agreement.

Last updated Dec. 28, 2011.

TERMS AND DEFINITIONS

Advanced Cloud Services – reference to NIRIX Advanced Cloud Services refers to all NIRIX Products, including:

• NIRIX Hosted Backup – Commercial Edition
• NIRIX Hosted Backup – Enterprise Edition
• NIRIX Hosted Exchange
• NIRIX Hosted Desktop
• NIRIX Hosted Server
• NIRIX Co-Location
• NIRIX oneCloud Control Panel (oCCP)
• NIRIX oneSupport

Software – the general term used to define various programs used in the operation of computers and other related hardware. In this case, this includes any software developed or used by NIRIX and provided to customers.

Website – refers to the NIRIX corporate website and associated NIRIX Portals, http://www.nirix.com, unless otherwise stated.

1 – INTRODUCTION

The Advanced Cloud Services that NIRIX Inc. (referred to hereafter as “NIRIX” or “our”) provides to you are subject to the following Acceptable Use Policy (AUP). By using Advanced Cloud Services provided by NIRIX, its partners and associates (collectively, “NIRIX”), you acknowledge that you have read, understand and agree to this Acceptable Use Policy as set out hereunder and with terms and conditions of NIRIX’s Hosting Service Agreement (collectively, the “Agreement”). If you do not wish to be bound by this Agreement or any modifications, which may be made by NIRIX from time-to-time (as described in the following paragraph), do not activate or use the Advanced Cloud Services and immediately contact NIRIX.

This Acceptable Use Policy constitutes the agreement between NIRIX and the customer (referred to hereafter as “you” or “your”) subscribing to the Advanced Cloud Services. This Acceptable Use Policy governs your use of the Advanced Cloud Services and any devices and/or equipment used to support the Advanced Cloud Services, including without limitation, any hardware and software used in conjunction with the Advanced Cloud Services which is loaned to you from NIRIX for your use solely in connection with the Advanced Cloud Services (collectively, the “Equipment”).

NIRIX reserves the right to update this document at any time without notice to you. The most current version of the document can be viewed on our Website. Such changes shall be deemed effective upon posting of the document on the Website. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION SENT TO YOU AND POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE ADVANCED CLOUD SERVICES AFTER YOU ARE NOTIFIED OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY SUCH CHANGES. If you do not agree with any of the amendments to this agreement, you agree to stop using the Advanced Cloud Services and to provide notice to NIRIX of your termination of this Agreement in accordance with the terms of the Hosting Service Agreement. NIRIX customers should consult this document regularly to ensure that their usage conforms to the most recent version. In the event of conflict between any customer then current and active Hosting Service Agreement and this Agreement, the terms of this Agreement will govern. Please refer to the customer agreement specific to the service which you are using. Complaints of violations of this Agreement by NIRIX users can be addressed here.

2 – ABOUT NIRIX ADVANCED CLOUD SERVICES

NIRIX provides a variety of Advanced Cloud Services to businesses, including Hosted Backup – Commercial and Enterprise Editions, Hosted Exchange, Hosted Desktop, Hosted Server, and Co-Location service, for highly-regulated industries and publicly-traded organizations across Canada.

The Advanced Cloud Services use resources that are shared with other customers. Moreover, the Advanced Cloud Services are provided via the Internet which is used by millions of others. Each user benefits by being able to share resources. However, the benefits and privileges available from the Advanced Cloud Services and these shared resources must be balanced with duties and responsibilities designed to guarantee uniform access to all customers of the Advanced Cloud Services while ensuring security and privacy are in place.

Use of the Advanced Cloud Services is subject to the following rules and guidelines. You are responsible for ensuring that use of all Advanced Cloud Services provided to you comply with this Agreement.