March, 2004 – (version 1.0)

This represents the Mobulus Acceptable Use Policy (“AUP”) in its entirety and supercedes any other written or oral policy. This policy defines the terms and conditions all Users agree to when using all services provided by mobulus.com.

Mobulus.com reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to Users.

Users may view the most current version of this policy at:
(http://www.mobulus.com/web/tos/index.asp).

Users using any services offered by mobulus.com consent to be bound by and must comply with all policies in this AUP and any amendments thereto. At the sole discretion of mobulus.com and without notice, any violators of this AUP may be permanently prevented from using the service, or face potential legal prosecution.

1. INTERPRETATION

The provisions of this Policy are intended as guidelines and not meant to be exhaustive. In general, any conduct that violates any laws, regulations, or any of the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. Mobulus.com reserves the exclusive right at any and all times to prohibit activities that in any way damage its commercial reputation and/or goodwill.

2. SYSTEM AND NETWORK SECURITY

Activities strictly prohibited:

• Tampering with other accounts, or committing unauthorized intrusions into any part of mobulus.com or related systems, or use of any servers, files, accounts, or networks to intrude without authorization into any other system or systems is strictly prohibited.
• Using accounts not provided or intended for use by User, or circumventing security provisions in order to access services without incurring charges.
• Using the system in a manner that unfairly encumbers disk space, processors or other system resources beyond those provided as part of the service or services purchased.
• Making deliberate attempts to interfere with a service, overload a service or attempt to disable a host.

3. EMAIL

Activities strictly prohibited:

• Sending commercial email to a recipient if recipient has requested that User discontinue such communication. 
• Transmitting email that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.
• Forging email header information in any way.
• Using a User’s account, or network connection, to collect email replies of messages sent from any other provider that violates the rules of this Policy or those of the originating provider.
• Sending unsolicited email messages (“Spamming”), including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
• A User shall not use another site’s mail server to relay mail without the express permission of the site. 

4. GENERAL

All Users agree to abide by the following general provisions:

All email services provided to the User by mobulus.com may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Software”, “Hackers programs or achieves”, “Warez Sites”, “IRC Bots”, MP3”. 

Mobulus.com reserves the right, at its sole discretion and without notice, to prevent a User from accessing the service at anytime if a violation of this AUP is determined. Mobulus.com will be the sole arbiter as to what constitutes a violation of any and all sections of this policy.

All services provided by mobulus.com are provided on an “as is” basis. mobulus.com gives absolutely no warranty, expressed or implied, for any service(s) provided, including, and without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This expressly includes any financial reimbursement, of any kind, for losses of income due to disruption of service by mobulus.com or its providers.

User acknowledges that mobulus.com is not responsible for any damages arising from the User’s use of any service(s) provided by mobulus.com or User’s inability to use any service(s) for any reason. 

Mobulus.com is not responsible in anyway for the content a User hosts on mobulus.com servers, or for the reliability of the transmission of data across or through the mobulus.com network. This includes, but is not limited to all content that is hosted as part of mobulus.com’s customized version that allows users to store email address information, personal images, bookmarks and contact information. It is the sole responsibility of the User to back-up all content that is hosted on mobulus.com servers.

User hereby agrees that any material submitted for publication or transmission on mobulus.com managed and/or owned servers or network, will not contain anything leading to an abusive or unethical use of the service. Abusive and unethical materials include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any defamatory, harassing and harmful materials or uses. User hereby agrees to indemnify and hold harmless mobulus.com, its directors, officers and employees from any claim(s) resulting from your publication of materials or your use of those materials. Mobulus.com, at its sole discretion, may or may not give notice before deactivating or preventing any customer from accessing mobulus.com when a violation this AUP is determined in anyway.

Due to the public nature of the Internet, all information should be considered generally accessible to the public and important or private information should be treated carefully. mobulus.com is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network mobulus.com or its Users may utilize. 

Use of any information obtained via mobulus.com is at your own risk. mobulus.com specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

If mobulus.com prevents or permanently bans a User from using the service for any reason, User agrees not to reregister without mobulus.com's written consent.

The User agrees to defend, hold harmless, and expeditiously indemnify mobulus.com from any and all liability, claim, loss, damage or expense arising out of User's breach or violation of any covenant contained in this Policy, or resulting from the User's use of the service. 

User agrees to waive and hold mobulus.com harmless from any claims relating to any action taken by mobulus.com as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, User cannot sue or recover any damages whatsoever from mobulus.com as a result of the decision to remove material from its server, or to suspend or terminate a User's account.

Mobulus.com reserves the right to kill off CPU or any other resource intensive process, including but not limited to bandwidth, disk usage, etc. 

5. RESALE OF SERVICE

User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of mobulus.com, use of mobulus.com, or access to the mobulus.com without the written explicit and expressed permission of mobulus.com. 

6. EXTERNAL LINKS TO ADVERTISERS

Mobulus.com may provide links to Users for other websites or resources that advertise on the service. All correspondence or business dealings that a User has with any advertisers found on or through mobulus.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. User agrees that mobulus.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on mobulus.com. 

7. PROPRIETARY RIGHTS

User acknowledges and agrees that mobulus.com and any and all related software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Further, the User acknowledges and agrees that all content in sponsor advertisements or information presented through mobulus.com or any of their advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by mobulus.com or any of their advertisers, the User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on mobulus.com or the Software, in whole or in part.

User further agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to mobulus.com. User further agrees not to access mobulus.com by any means other than through the interface that is provided by mobulus.com to access the service. 

8. POLICY ENFORCEMENT

When mobulus.com becomes aware of any alleged violation of this AUP, mobulus.com will immediately initiate an investigation. Mobulus.com, may at its own discretion anytime during an investigation, restrict a User’s access in order to prevent any further possible unauthorized activity. During this investigation, mobulus.com will not read any personal email. All user email is considered strictly private and will not be accessed by mobulus.com at anytime. Depending on the severity of the violation, mobulus.com may, at its sole discretion, restrict, suspend, or terminate a User’s account and/or pursue other legal remedies. If such violation is a criminal offense, mobulus.com will promptly notify the appropriate law enforcement department of such violation.

9. REPORTING ABUSE OF THIS POLICY

Any party seeking to report any violations of this policy may send an email to us by using our "Contact Us" form accessible from almost every page on this site.

Mobulus and mobulus.com are registered trademarks and brands owned by IG Logix Softech Pvt Ltd.