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Acceptable Use Policy

XSites
a la mode technologies, llc.

INTRODUCTION

a la mode technologies, llc. (together with its affiliates, “ALM”) has developed a website creation and hosting service known as XSites. As the host of such websites, we have a responsibility to protect our clients and to provide the best service possible. The following rules and guidelines were designed to assist us fulfill these responsibilities.

ILLEGAL ACTIVITY

The use of XSites for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy. Prohibited activities include, but are not limited to:

  • Posting or disseminating material which is unlawful (such as child pornography or obscene material).
  • Disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.
  • Pyramid or other illegal solicitation schemes.
  • Any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.

SECURITY

You are responsible for any misuse of XSites, even if the inappropriate activity was committed by a friend, family member, guest, employee, customer or other third party with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account or your website.

XSites may not be used to breach the security of another user or to attempt to gain access to any other person’s computer, software or data, without the knowledge and consent of such other person. In addition, XSites may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is also prohibited.

You may not disrupt XSites. XSites may not be used to interfere with computer networking or telecommunications services to any user, host or network including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature is also prohibited.

You are solely responsible for the security of any device you choose to connect to XSites, including any data stored on that device. ALM recommends that all files or services you choose to make available for remote access be protected with a password or other appropriate security measure.

You shall comply with all applicable privacy, data security, best practices and all other laws, rules and regulation relevant Your business model, including but not limited to, the Gramm Leach Bliley Act, the Final Rules promulgated by the Federal Trade Commission in furtherance of the Gramm Leach Bliley Act, the Telephone Consumer Protection Act of 1991, as amended, the Fair and Accurate Credit Transactions Act, federal do-not-call laws, various state do-not-call laws, and the CAN-SPAM Act.

INAPPROPRIATE CONTENT

There may be content on the Internet or otherwise available through XSites that may be offensive to some individuals, or that may not be in compliance with applicable laws, rules and regulations. For example, it is possible to obtain access to content which is pornographic or offensive, particularly for children. Neither ALM nor its affiliates shall be responsible for the content contained on the Internet or otherwise available through XSites. You assume the risk of accessing content through XSites, and neither ALM nor its affiliates shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider.

You are solely responsible for any information which you publish on your website. In addition, you must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. ALM and its affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that they, in their sole discretion, deem to be offensive, indecent or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

Neither ALM nor any of its affiliates has any obligation to monitor transmissions made via XSites. However, ALM and its affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with the terms of your XSites Terms of Service Agreement.

By using XSites to publish, transmit or distribute content, you warrant that such content complies with this Policy and you hereby authorize ALM and its affiliates to reproduce, publish, distribute, and display such content worldwide.

ELECTRONIC MAIL

XSites may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious messages. Such messages may only be sent to those who have expressly requested it.

XSites may not be used to collect responses from unsolicited email (SPAM) sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any website or other resource that uses XSites.

Forging, altering or removing electronic mail headers is prohibited. However, you may insert additional characters into your from: and reply-to: addresses in order to prevent your true address from being automatically added to the mailing lists used by bulk emailers. In all cases, your true address must remain obvious to any human viewer. For example, you may substitute “nospam.john.doe” for “john.doe.”

You may not reference ALM or XSites (e.g. by including “Organization: a la mode technologies, llc.” in the header or by listing an IP address that belongs to ALM) in any unsolicited email even if that email is not sent through XSites.

“Mail bombing” is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account. The propagation of chain letters is also prohibited, whether or not the recipient wishes to receive such mailings.

ALM is not responsible for the forwarding of email sent to any account that has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at ALM’s sole discretion.

The CAN SPAM law of 2003 will not be used as a guideline in determining the legitimacy of mailing practices. Instead, our internal policies will continue to be used in regards to this issue, so that our network is protected against being blocked by RBL listings. If you would like further information concerning this, or would like to inquire as to the legitimacy of your mailing list, please contact us via email.

THIRD PARTY DATA

When accessing and/or publishing MLS data, you are bound by the terms, rules and regulations of your local MLS Board. You shall not allow anyone else to access MLS data through your XSite. In no event, shall ALM be liable for your misuse of data received from third parties such as Multiple Listing Services.

BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS

You must comply with the then current bandwidth, data storage and other limitations on XSites.

You must ensure that your activities do not improperly restrict or inhibit any other user’s normal use of XSites.

You may not resell, share, or otherwise distribute the services provided by XSites or any portion thereof to any third party without the prior written consent of ALM. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide email or news service, or send a news feed.

VIOLATION OF POLICY

ALM does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of XSites.

ALM prefers to advise clients of inappropriate behavior and any necessary corrective action. However, if XSites is used in a way that ALM or its affiliates, in their sole discretion, believes violates this Policy, ALM or its affiliates may take any responsive actions they deem appropriate. Such actions may include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of your account. Neither ALM nor its affiliates will have any liability for any such responsive actions. The above described actions are not intended to be exclusive remedies and ALM and its affiliates may take any other legal or technical action they deem appropriate.

ALM reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on ALM’s servers and network. During an investigation, ALM may suspend the account or accounts involved and/or remove material that potentially violates this Policy.

You hereby authorize ALM and its affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include ALM providing the username, IP address, or other identifying information about a subscriber.

Upon termination of an account for any reason, ALM is authorized to delete any files, programs, data and email messages associated with such account.

The failure of ALM or its affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

You agree that, if any portion of this Policy is held invalid or unenforceable, such portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to its conflict of laws rules.

ALM may revise this Policy from time to time without notice by posting a new version of this document on the ALM website at www.alamode.com/legal/acceptable-use/xsites/. Please check this Policy periodically for changes.

SECURITY STANDARDS

PCI Data Security Standards are technical and operational requirements set by the PCI Security Standards Council (PCI SSC) to protect cardholder data. The standards apply to all entities that store, process or transmit cardholder data. In order to attest PCI compliance, ALM does not store, process, or transmit any cardholder data on its own servers or networks and must provide a written AOC (attestation of compliance). Pursuant to this AOC a la mode cannot allow Customers using our products to store, process, or transmit any cardholder data using ALM Products and Services. You agree that in your use of the Products and Services, you will not include, or allow to be included, any cardholder data in documents and/or data being processed, transmitted, and/or stored by Products and Services. Once such example of Customers responsibilities includes, but is not limited to, redacting credit card numbers to the last 4 digits if they are included on the 1003 form or any other documents before printing.