Background

This document contains information about what type of behavior is and is not allowed on the Metropolis Network. If you have any questions, please contact us.

From time to time Metropolis may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies. The Acceptable Use Policies are not exhaustive and Metropolis reserves the right to modify the Acceptable Use Policies at any time, effective upon either the posting of the modified Acceptable Use Policies to our Web site or notification of the modified Acceptable Use Policies. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the Acceptable Use Policies as modified from time to time. Any violation of the Acceptable Use Policies may result in the suspension or termination of your account or such other action as Metropolis deems appropriate. An unlisted activity may also be a violation of the Acceptable Use Policies if it is illegal, irresponsible, or disruptive use of the Internet. No service level credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY ACCEPTABLE USE POLICY IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM METROPOLIS NEW MEDIA. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS METROPOLIS NEW MEDIA'S POLICY TO TERMINATE REPEAT INFRINGERS. METROPOLIS NEW MEDIA RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $250 USD per hour.

Systems and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Metropolis may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• 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.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Metropolis. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per hour required.

Password Protection

The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Metropolis service to guess passwords or to access other systems or networks without authorization. Metropolis will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Copyright Infringement

The Metropolis network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.

In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: Metropolis New Media, Inc, 300 S. First St, Suite 222, San Jose, CA 95113-2802 or by e-mail to info@metropolisnewmedia.com.

Network Responsibility

Customers have a responsibility to use the Metropolis network responsibly. This includes respecting the other customers of Metropolis. Metropolis reserves the right to suspend and or cancel service with any Customer who uses the Metropolis network in such a way that adversely effects other Metropolis customers. This includes but is not limited to:

• Attacking or attempting to gain unauthorized access to servers and services that belong to Metropolis or its customers (i.e. computer hacking), and/or
• Participating in behavior which result in reprisals that adversely effect the Metropolis network or other customers' access to the Metropolis network.

Metropolis will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Metropolis customer, whether or not the attacked account or computer belongs to Metropolis, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Metropolis is strictly prohibited.

Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad. Metropolis will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Commercial Advertisements with E-mail

Metropolis takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail or SPAM over our network. Very simply, this means that customers of Metropolis may not use or permit others to use our network to transact in Unsolicited Commercial E-mail. Customers of Metropolis may not host, or permit hosting of, sites or information that is advertised by Unsolicited Commercial E-mail from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium.

Customers of Metropolis are strictly prohibited from using or permitting others to use Unsolicited Commercial E-mail or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Metropolis network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Violation of the Metropolis SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Metropolis will initiate an immediate investigation (within 48 hours of notification). During the investigation, Metropolis may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Metropolis may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Metropolis reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Metropolis will notify law enforcement officials if the violation is believed to be a criminal offense.

Indemnification

Metropolis wishes to emphasize that in signing the Metropolis Hosting Services Agreement or its equivalent, customer indemnifies Metropolis for any violation of the Hosting Services Agreement or its equivalent, law or Acceptable Use Policies that results in loss to Metropolis or the bringing of any claim against Metropolis by any third-party. This means that if Metropolis is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Metropolis, plus costs and reasonable attorney's fees.