This Combined Acceptable Use Policy, Terms of Service, and Terms of Use ("AUP") sets forth guidelines for acceptable use of GeoVario's network and systems.  This document is important for our customers, resellers and other users of the GeoVario Network and Services ("Our Clients"). This list is not exhaustive, rather it is exemplary in nature and meant to serve as a guide of conduct deemed by GeoVario to be inappropriate, improper or harmful to GeoVario's reputation or capability of extending service, and thus prohibited.   By using the GeoVario Network you are expected to have read and understood this document, and furthermore are expected to make sure that your users, employees, etc. comply with it's terms.

General Conduct

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

Responsibility for Content

GeoVario takes no responsibility for any Our Clients or User content created, accessible or delivered on or through the GeoVario Network and Services, including copyright disputes. GeoVario does not monitor or exercise any editorial control over such content. Our Clients is solely responsible for (i) any content published or made available through the GeoVario Network or Services by Our Clients and its Users and (ii) compliance with all laws applicable to the publication and distribution of such content. Our Clients shall be solely responsible for maintaining any backup copies of their content.

Inappropriate and Illegal Content

OurClients shall not use the GeoVario Network and Services to transmit, distribute or store material that is illegal, defamatory, libelous or otherwise unlawful. Our Clients shall ensure that ther of GeoVario and all content transmitted, distributed or stored on the GeoVario Network do 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. Our Clients shall not use the GeoVario Network and Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the GeoVario Network and Services, any other network or equipment, or other Users.

Intellectual Property

Our Clients shall not use the GeoVario 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 Our Clients uses a domain name in connection with its use of the GeoVario Network and Services, such domain name must not violate any trademark, service mark, or other rights of any third party.

Fraudulent/Misleading Content

Our Clients shall not use the GeoVario Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

Email and Spam

Our Clients shall not use the GeoVario Network and Services to send unsolicited e-mail messages or USENET postings, including, without limitation, bulk commercial advertising or informational announcements ("spam"). Further, Our Clients are prohibited from using the service of another provider to send spam or to otherwise promote a site hosted on or connected to the GeoVario Network. GeoVario reserves the right to charge Our Clients at GeoVario's standard rates for time required to handle any complaints that Our Clients or User violate this Email and Spam section.

Security Violations  Our Clients are prohibited from violating or attempting to violate the security of the GeoVario Network and Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: (a) accessing data, servers, accounts, databases, etc. which such Our Clients is not authorized to access, (b) impersonating GeoVario personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (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 Our Clients is not entitled, or (g) attempting to utilize another party's account name or persona without authorization from that party. Our Clients is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for GeoVario Services. Violations of system or network security may result in civil or criminal liability.

Hold Harmless

Not only will the Our Clients hold GeoVario harmless - but Our Clients will also indemnify GeoVario against any loss, damage, cost or expense which GeoVario incurs or becomes liable for due to claims or actions for; copyright or trademark infringement, plagiarism, libel, violation of privacy rights, domain registration disputes, or other claims of legality of DATA - resulting from SERVICES provided by GeoVario to the Customer.  This clause will survive the duration of the paid or unpaid use of any and all Services provided to the Our Clients by GeoVario.

Copyright or Trademark Infringement

GeoVario, if informed of any and all allegations of copyright or trademark or other illegal activities as applicable by State and Federal Laws of the United States of America - due to the transmission or storage of DATA and/or use or mis-use of Services by Customer; will inform the Our Clients immediately.  GeoVario may, at it's discretion on a temporary or permanent basis; suspend the Customer?s services - if required by legal proceedings; however - no such action will be taken by GeoVario for un-adjudicated allegation against any Customer.  GeoVario respects and follows all applicable State and Federal Laws of the United States of America; and therefore requires due-process before any such suspensions of services provided to an Our Clients are taken.

Termination

Our Clients may terminate their SERVICES at anytime; however the request must be in writing (email is accepted, subject to verification).  Unless otherwise stated; fees for Services are generally not refundable.

Acceptance

Use of any and all Services provided by GeoVario indicates acceptance in full of all terms listed in this agreement by the Customer.

GeoVario Rights and Remedies 

If Our Clients becomes aware of any content or activity that violates this AUP, Our Clients shall take all necessary action to prevent such Content from any contact with the GeoVario Network.  To the extent GeoVario becomes aware of any content or activities that GeoVario deems, in its sole discretion, to be in violation of this AUP, GeoVario may immediately block access to such content, suspend or terminate any affected GeoVario Services, or take any other actions GeoVario deems appropriate.

GeoVario shall be solely responsible for determining if any content or action violates this AUP.

GeoVario will endeavor to provide notice to Our Clients prior to suspension or termination of GeoVario Services but may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on GeoVario. GeoVario 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 GeoVario's exercise of its rights under this AUP. Our Clients agrees to indemnify GeoVario for any and all damages, claims, suits, costs or expenses asserted against or incurred by GeoVario related to or in connection with a violation of this AUP by Our Clients or its Users.

GeoVario 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 www.GeoVario.com. Any use of the GeoVario Network and Services after such modification shall constitute acceptance of such modification. Any violation shall be sent to support@geovario.com

Last updated: Dec 15, 2008