What are some examples of unacceptable use of services that a Basecamp Fitness customer agrees not to engage in?

• a. Website Hosting Services. ProVision agrees to perform and provide to Customer, services consisting of non-exclusive electronic access to a digital information processing, transmission and storage system ("Server") to store Customer's website ("Site") and make the Site available on and via the global computer communications network ("Internet") as specified herein ("Hosting Services").

Customer agrees that the Hosting Services shall not include any web site development services, authorship or creation with respect to the Site.

• *b.

Software Installation and Support.* ProVision agrees to install the Basecamp Fitnessapproved proprietary studio management software (the "Proprietary Software") on Customer's Equipment (defined in Section 3.d.), or assist Customer in its access to the Proprietary Software in the event the Proprietary Software is web-based and, through it or its designees, to provide remote support of the Proprietary Software ("Proprietary Installation and Support Services" or "Proprietary I&S Services").

The Proprietary I&S Services may include the periodic upgrading of the Proprietary Software with newer versions or releases.

All installation, assistance and support for the Proprietary Software is provided remotely.

Upgrades, updates or other changes to the Proprietary Software may be made remotely and at such times as ProVision deems necessary or appropriate, in its sole discretion, with or without notice.

Upon availability of a new release or version of the Proprietary Software, ProVision may cease supporting prior versions or releases upon not less than thirty (30) days prior written notice.

Any new or additional Equipment necessitated by a software upgrade will be the responsibility of Customer.

• c. Security Monitoring. ProVision agrees to perform and provide to Customer security monitoring services ("Security Monitoring Services") if, and only if, Customer purchases all security equipment through ProVision pursuant to a separate purchase order and ProVision installs that equipment.

Customer acknowledges that the Security Monitoring Services will include the monitoring of the physical alarm system but such Security Monitoring Services do not include the video recorders or the monitoring of closed circuit televisions (CCTVs). ProVision will not provide Security Monitoring Services for a security system purchased from, or installed, by a third party.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–55)