IMPORTANT - READ CAREFULLY BEFORE ACCESSING ANY EROOM COMMUNITY

These Terms and Conditions are a legal contract between you (either an individual or a business entity) and EMC Corporation ("EMC") for the use of eRoom Communitie(s) on the EMC owned eRoom.net site (the "Site"), which includes access to eRoom Communities (“Communities”), computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation owned by EMC.

BY CLICKING "OK" IN THE SITE ACCOUNT CREATION BOX, (REGISTERING FOR USE OF THE SITE), OR ACCESSING OR CREATING ANY eROOM COMMUNITY, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, TERMINATION PROVISIONS AND ACCEPTABLE USE POLICY BELOW. YOU REPRESENT: YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF YOUR EMPLOYER, OR YOU INTEND TO BE PERSONALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR COMMUNITIES AND PLEASE EXIT OUT OF THE REGISTRATION PROCESS.

1. "Account Owner" means the contracting party entering into this Agreement (including permitted successors and assigns) on behalf of whom EMC agrees to provide the Hosted Program to Named Users designated by the Account Owner. The Account Owner is primarily liable for payment of Fees and compliance under this Agreement, including with respect to Named Users, Billing Contacts, Community Administrators, eRoom Contacts designated by the Account Owner or its representatives, and any other persons, contractors, affiliates exercising the rights under the Account Owners account.

2. "Billing Contact" means Account Owner’s designated contact to receive and pay invoices related to this Agreement.

3. A "Community" is a specific location or locations on the Site created with eRoom Software, and designated by a unique URL(s). Communities can be accessed by a pre-determined number of designated Named Users for purposes of using the Hosted Program, and for which EMC grants a Community license. Each Community has at least one eRoom.

4. "Community Administrator" means a Named User designated by the Account Owner to administer the Community, including the right to grant or remove access to Named Users, create eRooms within a Community. The Account Owner and Community Administrator may or may not be the same person. A Community have more than one Community Administrators.

5. An "eRoom" is an individual workplace in a Community and designated by unique URL(s).

6. "eRoom Coordinator" is a Named User designated by the Community Administrator to have full access to all content in the eRoom and to manage its settings and membership of other Named Users. A Community may have more than one eRoom Coordinator.

7. "eRoom Software" consists of the eRoom® software product as made available on the Site through EMC's Hosted Program. eRoom Software includes any new releases, updates, patches and any other associated object code versions of the eRoom Software provided by EMC, all HTML code generated by the eRoom Software, and any associated media, online or electronic documentation made available by EMC under its Hosted Program.

8. "Fees" means any monies due to EMC hereunder.

9. "Hosted Program" refers collectively to the eRoom Software, the TPContent, any related support or other services that EMC provides, access to on the Site.

10. "Maintenance Window" hours are (i) Wednesday 12:00 a.m. – 3:00 a.m. U.S. Eastern Time ("EST"); (ii) Saturday 12:00 pm - 4:00 p.m. EST; and (iv) Sunday 12:00 a.m. to 6:00 a.m. EST. Standard Maintenance Windows may change from time to time with reasonable prior notice.

11. "Named User" is one individual, named person who has rights to access and use an eRoom or eRooms in a Community.

12. "User" means an Account Owner and a Named User.

13. "Site" is the eRoom.net network, owned and operated by EMC, or other replacement site designated by EMC, currently at: www.eroom.net.

14. "TPContent" (or the "Third Party Content") consists of all third party information and/or software applications offered at no additional fee as part of the Hosted Program (including templates, documents, text, pictures, sound, graphics, video, software applications, best practices, and other data). TPContent may be contained on the Site or linked to from the Site. TPContent excludes eRoom Software.

Capitalized terms used in this document shall have the meanings above or such meanings as are given in the applicable URL or document referenced herein.

Users may access their account information on their Member Information page (accessed from the My eRooms page or from a room member list page). Each User represents that all information provided to EMC in the Account Registration Process is accurate and true and that User will update such information as needed by editing the information in the Member Information page. Account Owners may access their billing information on the My Billing page; and represent that all information provided to EMC is accurate and true. Account Owner will update such information as needed by editing the information in the My Billing page. EMC’s obligations with regards to private and confidential data is governed by its then-current policies and practices as stated at the URL http://www.eroom.net/about/policies/privacy.aspx, including successor URLs.

EMC offers Hosted Program options which may change from time to time, in EMC’s sole discretion, and which may be seen at the Site. An Account Owner may select either or both types of Hosted Program Options.

1. Paid Community Options.

   EMC offers either Monthly or Term Communities. Monthly Communities are purchased on a monthly basis, are paid via credit card, and require no extended commitment. Term Communities require the Account Owner to purchase Hosted Program Services for a fixed period of time, and may be paid via credit card or submittal of a purchase order.

2. Trial Communities.

   From time to time, EMC may offer free of charge trial Communities or other promotional access to Communities (collectively, "Trials"). Trials are subject to this Agreement, provided that EMC may impose additional limits on Trial Communities, including limiting the duration of Trials to a certain time period. Notwithstanding any other restrictions in this Agreement, EMC may terminate a Trial Community at any time without liability.

1. Scope.

   The provisions of this Section 4 apply only if you are an Account Owner and do not apply if you are only a Named User. Payment obligations relative to your use of the Site as a Named User are governed by your agreement(s) with the Account Owner, if any.

2. Account Owner and Billing Contact

   Every Community must have a Billing Contact. Depending on Community type, payments shall be made by credit card, or purchase order. The Account Owner, by and through its Billing Contact, agrees to pay all fees accrued to each Community.

3. Fees.

   eRoom.net pricing information is provided on the Billing Policy page on the Site. The total Fees accruing to each Community are determined retroactively, payable monthly, exclusive of applicable taxes. All Fees are in US dollars, are due in full within thirty days of invoice, and may include surcharges. You are responsible for all taxes associated with your usage of the Site, excluding taxes based on EMC income.

4. Changes in Fees.

   Unless otherwise agreed upon in writing, EMC may change its pricing at any time. Price changes will become effective for Monthly Plans no sooner than 30 days after notice thereof, and for Term Plans, upon conclusion of the then current term or within 30 days after written notice thereof, whichever occurs later.

5. Overdue Fees and Nonpayment.

   If payments are not received in full within thirty (30) days of notice of overdue payment, EMC may impose late charges on overdue payments equal to 1.5% per month or the maximum allowed by law. In addition, EMC may disable access of any or all Named Users to the Community(s) at issue. Communities with payments overdue in excess of 60 days may be deleted by EMC. Account Owner will be responsible for the reasonable costs of collecting overdue Fees and/or enforcing this Agreement.

1. Technical Support is available via the Support Web Site or via telephone. EMC will provide access to Technical Support for two (2) Designated Contacts. Web Access and our support policy can be found at: http://customernet.documentum.com/support/index.html.

2. Technical Support via telephone is available by calling +1 925 600-6860, Monday-Friday, 9:00am-6:00pm ET (except Holidays). Standard Technical Support hours and contact information may change on prior notice.

3. Technical Support for Trial or Beta Communities is subject to outages, interruption, or termination at any time, with or without notice.

Subject to the restrictions in this Agreement, and to continued payment of the applicable Fees, EMC grants the following non-transferable, non-exclusive, limited term rights and license to use the Hosted Program, Communities, and TP Content solely for each Name User's internal business operation subject to the following:

1. Hosted Program.

   Access to the Hosted Program is limited to the authorized maximum number of Named Users. The Hosted Program may not be used in any manner to permit use by persons who are not Named Users, exceed the maximum number of Named Users (without payment of applicable surcharge), allow for the creation of unauthorized Communities, or allow concurrent use by anyone else. Unless expressly authorized by EMC in writing, no part of the Hosted Program may be re-sold, leased, rented or otherwise provided to any other persons or entities.

2. Community/ TP Content Use.

   Named Users may access and use eRoom Software to create, access and/or use TP Content in accordance with Hosted Program user documentation. TPContent on the Site may change from time to time without notice. Only Account Owners may create Communities; and both Community Administrators and eRoom Coordinators may create eRooms.

3. Client Software.

   Each Named User may download and install the eRoom Client Software on any computer in order to access the Hosted Program. Account Owner acknowledges and agrees that certain eRoom Software upgrades will require Named Users to install upgraded versions of the Client Software, and Named Users will upgrade Client Software as required. Upgrades to Client Software will be available at the Site at no additional fee. If installation of any such upgrade requires action by Named Users, then reasonable prior notice of such upgrade will be given to the Community Administrator, eRoom Coordinator and/or Named Users, as required.

4. Other Restrictions.

   The Software may not be reverse engineered, decompiled, or disassembled. No part of the Hosted Program may be copied or modified in any way, unless otherwise expressly agreed to by EMC. Unless expressly authorized by EMC in writing, neither Account Owner nor any Named User may transfer, assign, rent or lease the Software, the TPContent or any of the rights granted in this Agreement to any third party.

EMC (or its licensors) retains all right, title and interest in the Hosted Program, Client Software, Updates, and documentation and any copies thereof. Except as otherwise expressly granted in this Agreement, no license, right or interest in any EMC trademark, copyright, trade name or service mark is granted hereunder. The Client Software and Hosted Program are protected by U.S. and international copyright laws and conventions as well as other intellectual property laws and treaties, and access to the Hosted Program is licensed, not sold. EMC does not acquire any right, title or interest in any content, documents, files or data uploaded and/or managed by you through the Hosted Program or Client Software. All such right, title and interest vests with its respective legal owner.

1. Named Users may be removed from an eRoom by the eRoom Coordinator or removed from the Community or eRoom by the Community Administrator.
2. The ability to fully access a Community may be limited by the Community Administrator at any time.
3. Account Owner may delete his or her Community(s) at any time.

1. Warranties; Exclusions.

   EMC warrants to Account Owner that the Hosted Program server and Software shall be available to Users at least ninety nine percent (99%) of each calendar month for the Term ("Uptime"), not including any hours during which the Hosted Services server or Software are unavailable as a result of (i) maintenance performed during a scheduled maintenance window; (ii) a force majeure event; (iii) problems with a User’s network, desktop, third party software applications, hardware or network connectivity; (iv) a User’s use of the Software not in accordance with EMC specifications; and/or (v) misuse of the Software by a User ("Uptime Exclusions"). If during a calendar month, following written notice by Account Owner of Uptime failure other than as a result of Uptime Exclusions and verification of the Uptime failure by EMC or EMC’s service provider, EMC will issue a credit against Fees payable for the following calendar month. Such credit will be equal to ten percent (10%) of Fees allocated to the particular Community at issue and the month at issue. The total cumulative credit due to Licensee under this Section will not exceed 10% of Account Owner’s then-current total monthly Fees (excluding consulting services Fees, separate Support Fees, or any other additional Fees separately charged, if any). The remedy in this Section 9 is the sole and EXCLUSIVE REMEDY for Account Owners in the event of a breach of this warranty. The remedies in this Section 9.a specifically do not apply to individual Named Users.

2. Limited Warranty.

   Provided Account Owner has paid all applicable Fees and is not in breach of this Agreement, EMC warrants to the Account Owner that the Account Owner’s Communities will operate substantially as described in the "eRoom Online Help" documentation available at the Site, provided Account Owner shall give EMC prompt written notice of any non conformance, which notice must be received during the Term. EMC does not warrant Community Trials, TPContent available at or through the Site, or for uses of the eRoom Software outside the scope described in the eRoom Online Help documentation. In the event that (i) EMC fails, within thirty (30) days of receipt of Account Owner's notice of non conformance to provide a remedy, and (ii) the non conformance significantly impacts Account Owner’s ability to use a majority of Account Owner’s Communities; then Account Owner may, by written notice to EMC, terminate this Agreement without liability to either party, except that EMC will refund to Account Owner any pre-paid fees for the period after the termination date. This limited warranty is void to the extent the non conformance is due to networks controlled by Account Owner, Named Users, or its agents, third party software applications, hardware or network connectivity to the Site; electrical or internet access disruptions; and/or misuse of the Hosted Program by a Named User. This warranty applies until this Registration Agreement or the applicable Community is terminated. This is Account Owner’s sole and exclusive remedy for breach of this warranty, and the foregoing remedies specifically do not apply to individual Named Users.

3. Trial Communities.

   The warranties in this section SHALL NOT APPLY to any Trial Communities, or Trial version of the hosted program to which you are given access. All Trial Community access is provided strictly “AS IS” and regardless of any other term in this Agreement, no warranties whatsoever are provided to your access to Trial Communities or trial versions of the Hosted Program.

4. NO OTHER WARRANTIES.

   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS OF QUALITY OR AVAILABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE HOSTED PROGRAM, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES FOR SUCH HOSTED PROGRAM. EMC DOES NOT, AND WILL NOT, ENDORSE, WARRANT OR GUARANTEE THE PERFORMANCE OF ANY CO-BRANDED EROOM.NET SERVICE EXCEPT AS RELATED TO THE STANDARD EROOM.NET SERVICE.  EMC DOES NOT IMPLY THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CO-BRANDED EROOM.NET SERVICE, AND EACH NAMED USER UTILIZES ANY SUCH SERVICE AT ITS OWN RISK AND/OR SUBJECT TO WARRANTIES AND REMEDIES PROVIDED EXCLUSIVELY BY THE CO-BRANDED EROOM.NET SERVICE PROVIDER.

1. EMC Responsibilities.

   EMC will provide industry standard security for the Hosted Program. EMC will implement the following security policies/procedures: use of SSL encryption, firewalls, and passwords. EMC shall immediately notify Account Owners and/or Coordinators of known security breaches affecting their Communities. EMC's security policies and procedures may periodically change in accordance with emerging technologies, business practices or security issues. EMC’s security policies can be found at the URL http://www.eroom.net/about/policies/security.aspx or successor URLs.

2. User Responsibilities.

   Users will at all times ensure reasonable security mechanisms are in place for issuance of username and password information and will keep their eRoom log-on password secure. Users shall immediately notify EMC of any known security breaches affecting any Communities or the Hosted Program.

3. Each User acknowledges that no network security procedures can assure complete network security or prevent all unauthorized access to the Hosted Program network.

1. EMC Indemnification Obligation.

   EMC will, indemnify and defend Account Owner against costs of final settlement or damages awarded resulting from a third party claim that the eRoom Software as originally supplied by EMC on the Site infringes a U.S. copyright, U.S. patent, or misappropriates a U.S. trade secret. In any action based on such third party claim, EMC may either: (i)obtain for Account Owner the right to continue using the eRoom Software, (ii) replace or modify the eRoom Software with software providing substantially the same functionality to avoid the claim, or (iii) terminate the license granted hereunder and refund to Account Owner pre-paid Hosted Program fees, if any, for the period after termination.

2. User Indemnification Obligation.

   User will, at its expense, indemnify and defend EMC against and pay all costs of settlement or damages against EMC resulting from (i) a claim that the User Content as originally supplied by a User infringes a U.S. copyright or patent, or misappropriates a trade secret; or (ii) any claim asserted against EMC as a result of misuse of the Site by a User, or a dispute between two or more Named Users, or between Named Users and an Account Owner, but excepting claims under which EMC incurs an indemnification obligation to Account Owner under Section 11.a above.

3. Procedures.

   The indemnitor’s obligations are expressly conditioned upon indemnitee doing the following: (i) providing indemnitor with prompt written notice of any such claim, (ii) allowing the indemnitor sole control of defense and settlement of the claim, and (iii) providing the indemnitor with the authority, information and assistance necessary for the defense and settlement of the claim. indemnitee shall not consent to any judgment or decree, or compromise a claim absent indemnitor's written consent. The remedies set forth in this Section shall be the parties' sole and EXCLUSIVE REMEDY for intellectual property infringement claims.

1. WITH THE EXCEPTION OF LIABILITIES ARISING OUT OF A VIOLATION OF EMC’S INTELLECTUAL PROPERTY RIGHTS IN THE CLIENT SOFTWARE, OR A PARTY’S INTEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF ANY PROVISION OF THIS AGREEMENT.
2. EXCEPT FOR EITHER PARTY’S LIABILITY UNDER SECTION 13 OR FOR BREACH OF EMC’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL EITHER PARTY’S TOTAL CUMULATIVE LIABILITY TO ALL PERSONS ARISING OUT OF THIS AGREEMENT FOR ANY GIVEN EROOM COMMUNITY EXCEED THE FEES PAID TO EMC FOR SUCH EROOM COMMUNITY UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTHS PRECEEDING THE CLAIM. IN NO EVENT SHALL EMC SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER BASED IN CONTRACT, TORT, OR ANY LEGAL THEORY. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK, WHICH IS SET FORTH IN THIS SECTION.

EMC reserves the right at its sole discretion to suspend/ terminate a User’s right to access any Community for any of the following:

1. Overdue payment, per Section 5 (Fees and Payment Terms); or
2. to investigate breaches or suspected breaches of the AUP; or
3. If a Named User is locked out of the eRoom Community due to log on failure until password is re-established;
4. If a bug, software error, or other performance issue related to a particular Community is adversely affecting the performance of other Communities, then EMC will use reasonable efforts to minimize the time during which access to the Community is denied. If EMC cannot reasonably correct the problem, then EMC will terminate the Community at issue, and refund to Account Owner fees paid for such Community during the time the Community was disabled.

EMC may amend the terms of this Agreement from time to time. EMC will provide Account Owners with fifteen (15) days prior notice of all such changes, except in the case such changes must be implemented prior to such time to avoid liability or a service interruption by its internet service provider(s). Continued use of your Community after the date the modified Agreement becomes effective will confirm your acceptance of such changes. If the modifications to the Agreement materially restrict or diminish the rights granted to you under the prior version and are deemed not acceptable, the Account Owner may by providing written notice to EMC terminate this Agreement and its Communities without liability to EMC, which termination will become effective thirty (30) days after notice of termination.

1. Term.

   This Agreement will remain in effect unless terminated as set forth below.

   1. Monthly Community. Account Owner may terminate this Agreement and/or Community(s) at any time upon notice to EMC, provided that Fees accrued through the termination date are paid in full.
   2. Term Community. Account Owner may terminate this Agreement and/or such Community(s) at any time upon notice to EMC, provided any prepaid Fees, Term Community Fees, and Fees accrued or that will accrue from termination through the selected Term expiration date are due in full. EMC shall not refund any prepaid Fees.

2. Termination by Account Owner of Named User.

   An Account Owner may terminate a Named User’s access to a Community or eRoom by removing Named User from Community Member List and, in such case, this Agreement shall be deemed to terminate with respect to such Named User only.

3. Termination by EMC For Convenience.

   EMC may terminate this Agreement at any time upon sixty (60) day prior notice, provided EMC will refund to Account Owner any pre-paid fees for the periods after the termination date. For Beta Communities only, EMC may terminate this Agreement and any Beta Community at any time, with or without notice.

4. Termination for Breach.

   Either party may terminate this Agreement upon thirty (30) day notice if the other party breaches a material provision of this Agreement and does not cure such breach within the 30 day time period. In addition, EMC may terminate this Agreement as to any Named User and prevent all future use of the Site by such person: (i) immediately upon notice for violation of the AUP, or (ii) in the event such person repeatedly posts information at the Site which violates a third party's copyright.

5. Rights Upon Termination.

   EMC may delete your Communities and all User Content therein promptly on termination, unless otherwise required by law or investigations of violations of this Agreement.

The eRoom Software and accompanying documentation are "commercial items," developed exclusively at private expense, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are defined in the applicable acquisition regulations. If the licensee hereunder is the U.S. Government or any agency or department thereof, the Government agrees the Software and the documentation are licensed hereunder (i) only as a commercial item, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement. If this Agreement fails to meet the Government's minimum needs or is inconsistent with Federal procurement law, the Government agrees to notify EMC. The following additional statement applies only to procurements governed by DFARS Subpart 227.4 (1988): "Restricted Rights - Use, duplication and disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (1988).

18. General. Each party will comply fully with all applicable regulations of the United States Department of Commerce and with the United States Export Administration Act, as amended from time to time, and with all applicable laws and regulations of other jurisdictions with respect to the importation and use of the Software, Confidential Information of EMC, and media to assure the Software, Confidential Information of EMC and media are not exported, imported or used in violation of law or applicable regulation. Certain EMC suppliers may be third party beneficiaries of this Agreement. This Agreement is governed by and is to be construed under the laws of the Commonwealth of Massachusetts without regard to conflicts of law and the parties consent to the exclusive jurisdiction and venue of the state and federal courts in Massachusetts. The 1980 United Nations Convention on Contracts for the International Sale of Goods will not apply. All provisions of this Agreement which by their meaning are intended to survive termination will survive. EMC may assign this Agreement in the event of a merger, acquisition or similar transaction if the acquiring party agrees to be bound by its terms. No waiver of any breach of this Agreement will constitute a waiver of any other breach or any other provision of the Agreement, and no waiver will be effective unless made in writing. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision will be restated to reflect, as nearly as possible, the original intentions of the parties in accordance with applicable law; the remainder of this Agreement will remain in full force. Except in the case of overdue payments, neither party will be liable for any Force Majeure events.

This Acceptable Use Policy ("the AUP" or the "Policy") applies to your use of the Site. Because compliance with this Policy will help EMC ensure the integrity, security, reliability, and privacy of the Site, each person accessing or otherwise using the Site must comply with the terms of this AUP. If you do not intend to comply with this AUP, you may not use the Site or any of the products or services offered at the Site. EMC may amend this AUP from time to time by posting the amended AUP terms to this Site, and by providing Account Owners of Communities notice of such amendments, and your continued use of this Site after such changes will indicate your agreement with the modified AUP terms.

eRoom.net Site Security

User is prohibited from violating, or attempting to violate, the security of the Site. Any violations may result in criminal and civil liabilities to the User. EMC will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of violations of the security of the Site include, without limitation, the following:

• Accessing data not intended for such User
• Logging into a server or account that the User is not authorized to access
• Attempting to probe, scan, or test the vulnerability of a system or network
• Breaching security or authentication measures without proper authorization
• Attempting to interfere with service to any user, host, or network including, without limitation, via means of overloading, "flooding," "mailbombing," or "crashing"
• Taking any action in order to obtain services or products to which the Customer is not entitled

Illegal Use

The Site may be used only for lawful purposes. For example, User may not use the Site to create, transmit, distribute, or store material that

• Violates a 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, offensive, or inappropriate content
• Constitutes pornography
• 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 eRoom.net Site, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms
• Violates reasonable regulations of EMC or other service providers with respect to the network
• Assists or permits any persons in engaging in any of the activities described above
• Constitutes deceptive on-line marketing

If User becomes aware of any such activities, User is obligated to immediately notify EMC and take all other appropriate actions to cause such activities to cease.

Unsolicited Communications ("Spam")

Posting the same or similar unsolicited e-mail messages, bulk commercial advertising, or informal announcements to one or more groups (known as "Spam") is prohibited. Spam is not only annoying to Internet users; it seriously affects the efficiency and cost-effectiveness of the eRoom.net Site and related access providers. These unsolicited messages can increase your costs by clogging the eRoom.net Site, rendering your Community inaccessible and potentially leading to down time of the eRoom.net Site. In addition, you may not

• send or post e-mail messages that are excessive and/or intended to harass or annoy others
• continue to send e-mail to a recipient who has indicated that he/she does not wish to receive it
• send e-mail with forged TCP/IP packet header information
• intentionally omit, delete, forge, or misrepresent transmission information, including headers, return addresses, information
• take any other actions intended to cloak the User's identity or contact information

User Content

You are responsible for all of the information you place in a Community (the "User Content"). EMC exercises no control over, and accepts no responsibility for, such User Content residing on the eRoom.net Site, including information provided on any third-party Sites linked to the eRoom.net Site. Any Site links are provided as Internet navigation tools for informational purposes only and not as an endorsement by EMC of the content of such Sites. EMC does not adopt, nor warrant the accuracy of, the content of any linked Site and undertakes no responsibility to update the content. Use of any information obtained via the eRoom.net Site is at User's own risk. EMC does not screen communications and is not responsible for screening or monitoring either the Content or any other information provided by third-party Sites used by User.

Consequences of Unacceptable Use

EMC reserves the right to suspend or terminate your Community license and your access to the eRoom.net Site immediately upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of a User, shall be considered violations of this Policy by such User. Furthermore, it is a violation of this AUP to use the services of another provider for the purposes of facilitating any of the activities described above if such use of another provider's service could reasonably be expected to affect the eRoom.net Site.

Questions, Comments, or Complaints

EMC reserves the right to modify this Policy in the manner set forth above at any time. If you are unsure whether any contemplated use is permitted or have any comments regarding prohibited use or other abuse of the eRoom.net Site, please direct questions or comments to:

EMC Software Group
EMC Corporation
6801 Koll CenterParkway
Pleasanton, CA 94566
U.S.A.

or send e-mail to info@eroom.net.

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Version 7.0. This Site Account Registration Agreement was last revised on 4/20/2004. eRoom and EMC are registered trademarks of EMC, a division of EMC Corporation, in the United States and around the world.