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Acceptable Use Policy

This Acceptable Use Policy (“AUP”) describes activities that are not allowed on the Eton Solutions Family Office Software Network. The AUP is incorporated by reference in your agreement (“Agreement”) with Eton Solutions, L.P. (“Eton”). Capitalized terms used in this AUP and not otherwise defined herein shall have the meaning given in the Agreement. Inquiries regarding this policy should be directed to cfo@eton-solutions.com.

Abuse

You may not use Eton’s Network or Services (collectively, the “Services”) to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

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  • Use of an internet account or computer without the owner’s authorization;
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;
  • Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
  • Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
  • Distributing software that covertly gathers or transmits information about a user;
  • Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “add/remove” tool);
  • Any conduct that is likely to result in retaliation against the Eton Network or website, or Eton’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
  • Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
  • Interference with service to any user of the Eton or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Any action which directly or indirectly results in any of Eton or its network’s supplier’s IP space being listed on any abuse database (i.e. Spamhaus); or
  • Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed.

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of an Eton system or network, or to breach the Eton security or authentication measures, whether by passive or intrusive techniques.

Cooperation with Investigations and Legal Proceedings

If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement. We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Changes to the AUP

We may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of this AUP, or in the event of a material adverse change to the AUP, by providing you thirty (30) days written notice. The revised AUP will become effective as to you on the first to occur of: (i) your execution of a new or additional agreement for all or part of your use of Services that incorporates the revised AUP by reference, (ii) the first day of a renewal term for an Agreement that begins at least thirty (30) days after the time that the revised AUP has been posted, or (iii) thirty (30) days following our written notice to you of a material change to the AUP. If your compliance with the revised AUP would adversely affect your use of the Services, you may elect to terminate the Agreement by giving Eton written notice of your objection no later than thirty (30) days following the date that the revised AUP would otherwise have become effective as to you. We will not charge you an early termination fee for a termination on these grounds. If you elect to terminate, you may continue using the Services for up to an additional ninety (90) days and we will not enforce the revision as to you during this time, you will continue to be subject to the prior version. Notwithstanding the foregoing, even if you choose to terminate your Services under this Subsection, we may elect to waive that change as to you and keep your Agreement in place for the remainder of the term.

Consequences of Violation of AUP

If you breach this AUP we may suspend or terminate your Services in accordance with the Agreement. No credit will be available under the Eton service levels for interruptions of service resulting from any AUP violation.