Introduction
This document sets forth the principles of the Acceptable Use Policy that governs the use by the Client identified on the attached Work Order ("Client") of the Services provided by TRAIN YARD SOFTWARE ("TYS") described on the attached Work Order ("Services"). The Acceptable Use Policy has been created to promote the integrity, security, reliability and privacy of TYS's Web Site management facilities, network, and Client data contained within. TYS retains the right to modify the Acceptable Use Policy at any time and any such modification shall be automatically effective as to all clients when adopted by TYS.

Compliance With Law
Client shall not post, transmit, re-transmit or store material on or through any of Services which, in the sole judgment of TYS (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Client. Client shall be responsible for determining what laws or regulations are applicable to its use of the Services.

Prohibited Uses of Services
In addition to the other requirements of this Use Policy, Client may only use the Services in a manner that, in the TYS's sole judgment, is consistent with the purposes of such Services. If the Client is unsure of whether any contemplated use or action is permitted, please contact the TYS as provided above. By way of example, and not limitation, uses described below of the Services are expressly prohibited.

General

• Resale of Services, without the prior written consent of TYS.
• Deceptive on-line marketing practices.
• Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Client.
• Actions that restrict or inhibit any Person, whether a customer of the TYS or otherwise, in its use or enjoyment of any of the TYS's Services.

System and Network

• Introduction of malicious programs into the network or server (e.g., viruses and worms).
• Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Client is not an intended recipient or logging into a server or account that Client is not expressly authorized to access. For purposes of this Section "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
• Executing any form of network monitoring which will intercept data not intended for Client's server.
• Circumventing user authentication or security of any host, network or account.
• Interfering with or denying service to any user or any host.
• Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, via any means, locally or via the Internet.

Billing

• Furnishing false or incorrect data on the Order Form, contract or online application, including fraudulent use of credit card numbers.
• Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document "use" of TYS's products and services.

Mail

• Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam").
• Harassment, whether through language, frequency or size of messages.
• Unauthorized use, or forging, of mail header information.
• Using TYS or Client account to collect replies to messages sent from another provider, which violate these rules or those of that provider.
• Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

Usenet Newsgroups

• Posting the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spams").
• Posting chain letters of any type.
• Posting encoded binary files to newsgroups not specifically named for that purpose.
• Cancellation or superseding of posts other than your own.
• Forging of header information.
• Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.