Acceptable Use Policy (AUP)

Last Updated: June 1, 2018

This Acceptable Use Policy ("AUP") sets forth guidelines for acceptable use of Mode's network and systems (the "Mode Network") and its services, software and products ("Mode Services", together with the Mode Network, the "Mode Network and Services") by our customers, resellers and other users of the Mode Network and Services (each, a "Customer"). This list is not meant to be exhaustive, but merely illustrative of examples of conduct deemed by Mode to be inappropriate, improper or harmful to Mode's reputation, Network or Services and therefore prohibited when using the Mode Network and Services. The guidelines and restrictions in this AUP on use of the Mode Network and Services by a Customer shall apply equally to the Customer's employees and any other person or entity that is provided access to the Mode Network and/or Services directly or indirectly by the Customer ("Users"). By using the Mode Network and Services, Customer acknowledges that he has read, understood and agrees to comply with the terms of this AUP. Customer shall (i) ensure that its Users comply with this AUP and (ii) be responsible for violations of this AUP by Customer or its Users.

General Conduct

Customer must use the Mode Network and Services in a manner consistent with the permitted use of such Mode Network and Services. Unless otherwise expressly permitted in writing by Mode, Customer may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party to the Mode Network or Services, or use the Mode Network or Services with or for the benefit of any third party (other than Internet end users). Customer may only use the Mode Network and Services for lawful purposes and in accordance with this AUP.

Inappropriate and Illegal Content

Customer shall not use the Mode Network and Services to distribute material that is illegal, defamatory, libelous, indecent, obscene, pornographic or inconsistent with the generally accepted practices of the Internet community. Customer shall ensure that its and its Users' use of the Mode Network and Services and all content distributed on the Mode Network does not violate any applicable domestic or foreign laws or regulations including but not limited to laws relating to content distribution, encryption or export or any rights of any third party. Customer shall not use the Mode Network and Services to distribute material that contains a virus, worm, Trojan horse, or other component harmful to the Mode Network and Services, any other network or equipment, or other Users.

Intellectual Property

Customer shall not use the Mode Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. If Customer uses a domain name in connection with its use of the Mode Network and Services, such domain name must not violate any trademark, service mark, or other rights of any third party.

Security Violations

Customer is prohibited from violating or attempting to violate the security of the Mode Network and Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities without proper authorization: (a) accessing data, servers, accounts, databases, etc. which such Customer is not authorized to access, (b) impersonating Mode personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks, or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such Customer is not entitled, or (g) attempting to utilize another party's account name or persona. Customer is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Mode Services. Violations of system or network security may result in civil or criminal liability.

Mode Rights and Remedies

If Customer becomes aware of any activity that violates this AUP, Customer shall take all necessary action to prevent such traffic or activities from being routed to or passed through the Mode Network. To the extent Mode becomes aware of any traffic or activities that Mode deems, in its sole discretion, to be in violation of this AUP, Mode may immediately block access to such traffic, suspend or terminate any affected Mode Services, or take any other actions Mode deems appropriate. Mode shall be solely responsible for determining if any traffic or activity violates this AUP. Mode reserves the right to terminate or suspend services if the continued provision of services would violate law or otherwise harm Mode's Network, Services or Customers. Mode also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that Mode deems responsible for the wrongdoing. Mode will endeavor to provide notice to Customer prior to suspension or termination of Mode Services but may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on Mode. Mode shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Mode's exercise of its rights under this AUP. Mode reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the Acceptable Use Policy on https://www.mode.net/aup. Any use of the Mode Network and Services after such modification shall constitute acceptance of such modification.

Abuse Complaints

Complaints should be reported to abuse@mode.net.

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