SUBSPACE, INC.

ACCEPTABLE USE POLICY

SUBSPACE IS A SERVICE OF SUBSPACE, INC. (“SUBSPACE”). THE USE OF SUBSPACE’S PROPRIETARY NETWORK AND INFRASTRUCTURE PLATFORM, WHICH ENABLES LOW-LATENCY DATA TRANSMISSION OVER THE INTERNET, INCLUDING ANY UPDATES THERETO (THE “SUBSPACE PLATFORM”), IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. THE SUBSPACE PLATFORM CANNOT BE DEPLOYED OR ACCESSED UNLESS YOU, THE “SUBSCRIBER”, ACCEPT THE TERMS AND CONDITIONS OF THIS PLATFORM ACCESS AGREEMENT (“AGREEMENT”) BY CLICKING THE “ACCEPT” ICON BELOW. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING IT. BY USING THE SUBSPACE PLATFORM, THE SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER HAS READ, UNDERSTOOD AND AGREES TO COMPLY WITH THE TERMS OF THIS PLATFORM ACCESS AGREEMENT.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ALSO AGREE TO ENSURE THAT ANY PERSON ENTITLED TO USE THE SUBSPACE PLATFORM, SUCH AS SUBSCRIBER’S EMPLOYEES AND/OR CONSULTANTS, WILL ALSO ABIDE BY THE TERMS OF THIS AGREEMENT, AND YOU WILL INDEMNIFY SUBSPACE AGAINST ANY BREACH OF THIS AGREEMENT BY SAID EMPLOYEES AND/OR CONSULTANTS. SUBSPACE AND SUBSCRIBER ARE EACH REFERRED TO HEREIN AS A “PARTY” AND COLLECTIVELY THE “PARTIES” TO THIS AGREEMENT.

SUBSPACE RESERVES THE RIGHT TO CHANGE OR AMEND THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME AND TO NOTIFY THE SUBSCRIBER BY POSTING AN UPDATED VERSION OF THE TERMS AND CONDITIONS ON THE WWW.SUBSPACE.COM WEBSITE (THE “WEBSITE”). THE AMENDED TERMS AND CONDITIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. ANY USE OF THE SUBSPACE PLATFORM AFTER SUCH AMENDMENT SHALL CONSTITUTE ACCEPTANCE OF THE TERMS THEREOF.

  1. General. Subscriber is responsible for all use made of the Service and Subspace Platform under its control and will ensure that they not be used either by the Subscriber’s employees or any other person or entity that is provided access thereto either directly or indirectly by Subscriber in breach of this Section 4 or this Agreement. Without limiting the generality of the foregoing, Subscriber shall ensure that the Service or the Subspace Platform is not: (i) used for any fraudulent, criminal, defamatory, offensive, obscene or abusive purpose; (ii) used to promote any illegal activity or so as to constitute a violation or infringement of the rights of Subspace or any third party; or (iii) used in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any IP Rights. Subscriber undertakes to comply with all applicable laws and regulations and all reasonable instructions Subspace in relation to its use of the Service and Subspace Platform.
  2. Permitted Use. The Subspace Platform may only be used in connection with the Subscriber Application. Furthermore, Subscriber shall use the Subspace Platform only in accordance with the Subspace API Materials or as otherwise advertised on the Website. Any other use is strictly prohibited.
  3. Responsibility for Content. Subspace takes no responsibility for any Subscriber or Subscriber end user content created, accessible or delivered on or through the Subspace Platform. Subscriber acknowledges that Subspace does not monitor or exercise any editorial control over such content and does not know the substance of any content that Subscriber or its end user place or deliver on or through the Subspace Platform. Subscriber is solely responsible for any content published or made available through the Subspace Platform by Subscriber and the Subscriber end users and for compliance with all laws applicable to the publication, distribution, or export of such content.
  4. Inappropriate and Illegal Content. Subscriber shall not use the Service or Subspace Platform to transmit, distribute or store material that is inappropriate, as reasonably determined by Subspace, or material that is illegal, defamatory, libelous, indecent, obscene, pornographic, enables illegal online gambling or inconsistent with the generally accepted practices of the Internet community. Subscriber shall not use the Service or Subspace Platform to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Subspace Platform, any other network or equipment, or to the Subscriber users.
  5. Subspace Rights and Remedies. If Subspace becomes aware of any content or activities that Subspace deems, in its sole discretion, to be in violation of this Agreement, Subspace may immediately block access to such content, suspend or terminate the Service or any affected section of the Subspace Platform, or take any other actions Subspace deems appropriate. Subspace reserves the right to terminate or suspend the Service if the continued provision of the Service would violate law or otherwise harm Subspace Technology or Subspace’s reputation. Subspace also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing. Subspace shall not be liable for any damages of any nature suffered by Subscriber, any Subscriber user, or any third party resulting in whole or in part from Subspace's exercise of its rights under this Agreement.
  6. Reporting Abuse. It Subscriber believes that someone is violating Subspace’s acceptable use policies or this Agreement in any way, Subscriber shall immediately so notify Subspace. Any action or inaction resulting from receipt of such notification shall be at Subspace’s sole discretion.