The following are the Terms & Conditions that must be agreed upon in order to sign-up with M31 STUDIO.
M31 STUDIO reserves the right to change these Terms & Conditions at any time.
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This is an agreement between you ("Account Holder") and M31 STUDIO, for itself and on behalf of its affiliates ("M31 STUDIO") regarding your use of M31 STUDIO's computer, interactive information, web design services, communication and server management services related to hosting one or more websites ("Services").

OVERVIEW

1.1 General.
This Agreement governs the terms and conditions under which M31 STUDIO makes the Services offered by M31 STUDIO available. Under this Agreement, you must comply with M31 STUDIO's "Acceptable Use Policy," as updated from time to time by M31 STUDIO, as set forth at the bottom of this Agreement. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING SUBSCRIBER INFORMATION, REGISTERING, AND ACTIVATING THE WEB HOSTING ACCOUNT, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT THE SUBSCRIBER INFORMATION OR ACTIVATE THE WEB HOSTING ACCOUNT.

TERM

2.1 Term Commencement.
This agreement ("Agreement") becomes effective when Account Holder inputs subscriber information, registers and activates their account.

2.2 Initial Term.
M31 STUDIO will host an account for Account Holder, for the Account Holder’s registered domain name, for the period of time corresponding with the payment plan chosen by the Account Holder in the registration process (the "Initial Term").

2.3 Renewal term(s).
If Account Holder wishes to terminate the Services at the end of the Initial Term or any subsequent Renewal Terms, notice of intent to terminate must be given either electronically (E-mail) or written, at least 1 day prior to the termination date. If Account Holder fails to notify M31 STUDIO of its intent not to renew, this Agreement will be automatically renewed for a period equal to the Initial Term ("Renewal Term") at M31 STUDIO's then-current rates and charges.

FEES AND PAYMENT TERMS

3.1 Fees and Expenses.
Unless modified in accordance with Section 3.3. Account Holder will pay all fees due according to the prices and terms selected during the registration process.

3.2 Payment Terms.
M31 STUDIO reserves the right to require a security deposit prior to provisioning Service. Account holder making payments with a credit card Card acknowledges receipt of services and agrees to perform the obligations set forth by the card member’s agreement with the issuer. All installation fees and non-recurring charges, along with the first month’s service fees, shall be due and payable within 14 days of invoice date. Thereafter, recurring fees will be invoiced according to the service term billing cycle set forth in the initial subscribers information order form. Accounts that are past due by more than thirty (30) calendar days shall be subject to immediate suspension of service(s), with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of M31 STUDIO. Reactivation of the service after suspension requires the account to be paid using a Visa or MasterCard Credit card. Accounts that are past due by more than sixty (60) days will be terminated and all files removed from M31 STUDIO systems. Reactivation of a terminated or canceled account for any reason may require the payment of additional installation charges and is subject to the availability of facilities. If the subscriber fails to pay for any reason, M31 STUDIO reserves the right to solicit the services of a Collection Agency. All inquiries regarding payment or your account should be directed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 1-(212)-924-9571.

3.3 Price Changes.
During the initial term of this Agreement, Account Holder will not be charged an amount greater than the price set for the Services thereunder. M31 STUDIO, however, reserves the right, without prior notice, after such Initial Term, to change the prices charged to the Account Holder for the services provided by M31 STUDIO. Upon renewal, as provided in paragraph 2.2 above, the prices charged may be changed to the then prevailing price for the Services.

3.4 Taxes.
Account Holder shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter "Tax") imposed on, or with respect to, the Services under this Agreement.

ACCOUNT HOLDER OBLIGATIONS

4.1 Warranties of Account Holder.
Account Holder represents and warrants that; (i) Account Holder is not a minor and is legally capable of entering into this Agreement, (ii) the performance of its obligations and use of the Services (by Account Holder, its customers and users) will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other M31 STUDIO customers’ use of M31 STUDIO services; (iii) Account Holder is not a resident of any country or affiliated with any of organization prohibited to do business within the United States as defined and set forth at: http://www.treas.gov/ofac and http://www.bxa.doc.gov/DPL/denialist.html and (iv) that it will strictly comply with the M31 STUDIO Acceptable Use Policy, as set forth below, and these Terms and Conditions.

4.2 Compliance with Law and M31 STUDIO Acceptable Use Policy and Terms and Conditions.
Account Holder agrees that it has received, read and understands the M31 STUDIO Acceptable Use Policy. The M31 STUDIO Acceptable Use Policy contain restrictions on Account Holder’s and Account Holder’s users’ online conduct (including prohibitions against unsolicited commercial email) and may contains financial penalties for violations of such restrictions. In the event of Account Holder fails to comply, Account Holder agrees to pay the financial penalties in accordance with the M31 STUDIO Acceptable Use Policy. M31 STUDIO may change the M31 STUDIO Acceptable Use Policy upon notice to Account Holder.

4.3 Prohibited Uses.
In addition to those matters set forth in the M31 STUDIO Acceptable Use Policy, Account Holder shall not post, transmit, retransmit or store material on or through any of Services which, in the sole judgment of M31 STUDIO (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Account Holder. Account Holder agrees to indemnify and hold harmless M31 STUDIO from any claims resulting from the use of the services which damages Account Holder or any other party.

4.4 Government Regulations.
The Account Holder will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction the Account Holder operates or does business. Account Holder shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products. Account Holder shall, upon the request of M31 STUDIO, provide M31 STUDIO assurance of Account Holder’s compliance with those laws. Account Holder acknowledges that M31 STUDIO exercises no control whatsoever over the content of the information passing through Account Holder’s site(s) and that it is the sole responsibility of Account Holder to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and the M31 STUDIO Acceptable Use Policy.

4.5 IP ADDRESS.
IF M31 STUDIO ASSIGNS THE ACCOUNT HOLDER AN INTERNET PROTOCOL ADDRESS IN CONNECTION WITH THE ACCOUNT HOLDER’S USE OF THE M31 STUDIO SERVICES, THE RIGHT TO USE THAT INTERNET PROTOCOL ADDRESS WILL REMAIN WITH AND BELONG ONLY TO M31 STUDIO, AND THE ACCOUNT HOLDER SHALL HAVE NO RIGHT TO USE SUCH INTERNET PROTOCOL ADDRESS EXCEPT AS ALLOWED BY M31 STUDIO IN ITS SOLE AND ABSOLUTE DISCRETION.

4.6 Passwords; Account Ownership.
The Account Holder shall be responsible for maintaining security of its password. M31 STUDIO will not change passwords to any account without proof of identification, which is satisfactory to M31 STUDIO, which may include written authorization with signature. In the event of any dissolution of a corporation or partnership, divorce or other legal action that includes Account Holder, Account Holder understands that M31 STUDIO will remain neutral and may put the account on hold until final adjudication of the disposition of the domain name by a court with appropriate jurisdiction. Under no circumstances will M31 STUDIO be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless M31 STUDIO from any and all Claims arising from such ownership disputes. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the M31 STUDIO services, including any damages resulting therefrom, until the Account Holder notifies M31 STUDIO ’s customer service.

4.7 Marketing.
Account Holder shall not use M31 STUDIO's name or any language, pictures or symbols which could, in M31 STUDIO's judgment, imply M31 STUDIO's identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

4.8 Taxes.
Account Holder is responsible for the charging and collecting from its end user customers any and all applicable taxes. If the Account Holder fails to impose and/or collect any tax from end users or its other retail customers as required herein, then, as between M31 STUDIO and the Account Holder, the Account Holder shall remain liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax by the applicable taxing authority. With respect to any tax that the Account Holder has agreed to pay or impose on and/or collect from end users or its other retail customers, the Account Holder agrees to indemnify and hold harmless M31 STUDIO for any costs incurred as a result of actions taken by the applicable taxing authority to collect the tax from M31 STUDIO due to the failure of the Account Holder to pay or collect and remit such tax to such authority.

4.9 Audit Rights.
M31 STUDIO reserves the right to audit Account Holder’s site, and the materials comprising the site, at any time. If the audit reveals any act or omission which, in M31 STUDIO’s sole opinion, constitutes a violation of this Agreement or any local, state, federal or foreign law or regulation, M31 STUDIO may immediately shut down the site, and notify Account Holder of the action. Account Holder agrees that it waives any cause of action or claim it may have against M31 STUDIO for such action.

4.10 Investigation.
Account Holder understands that M31 STUDIO may conduct an investigation into the Account Holder, Account Holder's business, and/or its owners, officers, directors, managers and other principals. Based upon that investigation, M31 STUDIO reserves the right to refuse to do business with Account Holder, or to stop doing business with Account Holder. Account Holder agrees to hold M31 STUDIO harmless for any damages arising out of any form or cause of action, that could arise from M31 STUDIO’s actions. These audits or investigations will be conducted solely for the M31 STUDIO’s benefit, and not for the benefit of Account Holder or any third party.

4.11 No Third Party Beneficiaries.
M31 STUDIO and the Account Holder agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or the customers of the Account Holder. The Account Holder agrees that it shall specifically inform its customers that they are not third party beneficiaries of this Agreement.

4.12 Breach of Warranties.
In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, M31 STUDIO will have the right, in its sole reasonable discretion, to suspend immediately any related Services if deemed reasonably necessary by M31 STUDIO to prevent any harm to M31 STUDIO and its business. M31 STUDIO will provide notice and opportunity to cure if practicable depending on the nature of the breach. Once cured, M31 STUDIO will restore the Service(s) as soon as practical.

4.13 Termination for Violation.
Violations of these or any other provisions of this Agreement may result in termination of the services provided by M31 STUDIO in its discretion, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of M31 STUDIO based upon the severity of the violation. M31 STUDIO reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed prohibited unlawful, unlicensed, illegal, misleading, or obscene, or is otherwise in breach of M31 STUDIO’s then current "Acceptable Use Policy" in M31 STUDIO’s sole discretion. If M31 STUDIO terminates the services being provided to the Account Holder due to a violation of the Acceptable Use Policy, such termination shall be without refund Notwithstanding anything in this Agreement, the content of the Account Holder’s website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless M31 STUDIO from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by M31 STUDIO, (collectively, "Claims") related to or in connection with the content of the Account Holder’s website. The terms of this Section will survive any termination of this Agreement. If the Account Holder sells or resells advertising or webspace to a third party, then the Account Holder shall be responsible for the contents of such advertising and the actions of such third party. M31 STUDIO has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current M31 STUDIO "Acceptable Use Policy". The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by M31 STUDIO, M31 STUDIO may terminate the services being provided to the Account Holder, without refund.

M31 STUDIO REPRESENTATIONS AND WARRANTIES

5.1 Authority and Performance of M31 STUDIO.
M31 STUDIO represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (ii) the performance of its obligations and delivery of the Services to Account Holder will not violate any applicable U.S. laws or regulations, or cause a breach of any agreements with any third parties. M31 STUDIO warrants that it is either the owner or licensee of any software involved herein and all documentation related to any such software, and has the right and power to deliver and license the software and all documentation related to the software.

5.2 No Other Warranty.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5 OR APPLICABLE SERVICE LEVEL AGREEMENTS (SLA'S) THAT ARE AGREED UPON BY BOTH PARTIES AS INDICATED BY SIGNED CONTRACTS BETWEEN THE SUBSCRIBER AND M31 STUDIO OFFICERS, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND ACCOUNT HOLDER'S USE OF THE SERVICES IS AT ITS OWN RISK. M31 STUDIO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. M31 STUDIO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. M31 STUDIO DOES NOT WARRANT THAT THE SOFTWARE, INCLUDING SECURITY SOFTWARE, OPERATES WITHOUT ERROR OR WILL PREVENT THIRD PARTY HACKING OR ACCESS TO ACCOUNT HOLDER'S NETWORKS. IN THE EVENT OF A BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION 5, ACCOUNT HOLDER’S SOLE REMEDY IS TERMINATION PURSUANT TO SECTION 9 OF THE AGREEMENT.

LIMITATION OF LIABILITY

6.1 Service Interruption.
M31 STUDIO will use its best efforts to maintain a full time Internet presence for the Account Holder as it relates to the services offered by M31 STUDIO. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall M31 STUDIO be liable to the Account Holder for any damages resulting from or related to any failure or delay of M31 STUDIO in providing access to the Internet under this Agreement.

6.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties.
M31 STUDIO DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM M31 STUDIO'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTION'S OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT ACCOUNT HOLDER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ACCORDINGLY, M31 STUDIO DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

6.3 Disclaimer of Actions Caused by and/or Under the Control of Account Holder.
M31 STUDIO SHALL NOT BE RESPONSIBLE FOR ANY FAILURES, REPAIRS OR MODIFICATIONS NECESSITATED BY THE ACCOUNT HOLDER’S ALTERATION OF THE OPERATING SYSTEM, INCLUDING ANY AND ALL OPERATIONAL ISSUES WHICH MAY ARISE AS A RESULT OF THE ADDITION OF SOFTWARE BY ACCOUNT HOLDER. M31 STUDIO SHALL NOT BE LIABLE FOR ANY DELAY IN PROVIDING OR ANY FAILURE TO PROVIDE SERVICES IF SUCH DELAY IS CAUSED BY FORCES BEYOND THE REASONABLE CONTROL OF M31 STUDIO.

6.4 Consequential Damages Waiver.
IN NO EVENT SHALL M31 STUDIO BE LIABLE TO THE ACCOUNT HOLDER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. THE AGGREGATE, TOTAL LIABILITY OF M31 STUDIO UNDER THIS AGREEMENT, IF ANY, SHALL IN NO EVENT OR CIRCUMSTANCE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE ACCOUNT HOLDER HEREUNDER. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

6.5 Basis of the Bargain; Failure of Essential Purpose.
The parties acknowledge that M31 STUDIO has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.


INDEMNIFICATION

7.1 Indemnification.
The Account Holder agrees to indemnify and hold M31 STUDIO harmless from any and all claims or causes of action of any kind or nature, arising out of or related to Account Holder’s use of products and services purchased from or provided by the M31 STUDIO, as well as all claims or causes of action of any kind or nature brought by any third party, or any of Account Holder’s own customers. The Account Holder and M31 STUDIO will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

INTELLECTUAL PROPERTY

8.1 Ownership.
Except for the rights expressly granted herein, this Agreement does not transfer from M31 STUDIO to Account Holder any M31 STUDIO developed technology, and all right, title and interest in and to such technology will remain solely with M31 STUDIO. Except for the rights expressly granted herein, this Agreement does not transfer from Account Holder to M31 STUDIO any Account Holder developed technology, and all right, title and interest in and to such technology will remain solely with Account Holder. M31 STUDIO and Account Holder each agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the other party.

8.2 General Skills and Knowledge.
Notwithstanding anything to the contrary in this Agreement, M31 STUDIO will not be prohibited or enjoined at any time by Account Holder from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of M31 STUDIO.

Termination

9.1 Termination For Cause.
Either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from M31 STUDIO; (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.

9.2 Liability for Termination.
Neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its terms. In the case of Customer’s termination or cancellation without cause, Customer shall be immediately liable to M31 STUDIO for all rates and charges through the Term, less M31 STUDIOs reasonable avoided costs.

9.3 Effect of Termination.
Upon the effective date of termination of this Agreement: (a) M31 STUDIO will immediately cease providing the Service(s); and (b) any and all payment obligations of Customer under this Agreement for Service(s) provided through the date of termination will immediately become due.

MISCELLANEOUS PROVISIONS

10.1 Force Majeure.
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inaction’s of M31 STUDIO), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If M31 STUDIO is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, the Account Holder may cancel the Service(s), but there shall be no liability on the part of M31 STUDIO.

10.2 Assignment.
The Account Holder may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of M31 STUDIO, and any attempted assignment or delegation without such consent will be void. M31 STUDIO may assign this Agreement in whole or part. M31 STUDIO also may delegate the performance of certain Services to third parties, including M31 STUDIO’s Affiliates. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.

10.3 Notice.
Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by email, confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the Account Holder as listed on the Statement of Work and, if to M31 STUDIO, at: m31studio.com or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered, mailed, emailed, faxed or sent, whichever is earlier.

10.4 Relationship of Parties.
This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between M31 STUDIO and the Account Holder. Neither M31 STUDIO nor the Account Holder will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.

10.5 Governing Law.
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New York (except that body of law controlling conflicts of law) and specifically excluding from application to this Agreement that law known as the United Nations Convention on the International Sale of Goods.

10.6 Severability; Waiver.
In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.

10.7 Entire Agreement; Counterparts; Originals.
This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.

Appendix A - Acceptable Use Policy

By using M31 STUDIO web hosting services, Account Holder agrees to comply with this Policy.

Account Holders are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. M31 STUDIO expects the Account Holder to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

Interpretation

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. M31 STUDIO reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use

M31 STUDIO servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is 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 archives", "Warez Sites", "Irc Bots", "Mp3", "Adult Pictures", "Pornography". M31 STUDIO will be the sole arbiter as to what constitutes a violation of this provision, provided that any determination of a violation of this provision shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, 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 email or a newsgroup posting.

Misuse of System Resources

It is a violation for anyone to post information or to include programs on the web space provided through the WEBCASTING services which consume excessive CPU time or storage space.

Tortious Conduct

No one shall post unlawful or defamatory information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Spamming

Sending unsolicited mail messages, 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.

It is contrary to M31 STUDIO policy for account holders to use M31 STUDIO servers to effect or participate in any of the following activities:

1 To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

2 To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients ("Flamming" or "Trolling");

3 To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a M31 STUDIO provided server, or using a M31 STUDIO provided server as a maildrop for responses;

4 To falsify user information provided to M31 STUDIO or to other users of the service in connection with use of an M31 STUDIO service.

Consequences of Violation

If M31 STUDIO becomes aware of an alleged violation by any Account Holder of the Acceptable Use Policy, M31 STUDIO shall promptly notify such Account Holder of all facts supporting such allegation. If M31 STUDIO reasonably determines that the Account Holder's activities violate the Acceptable Use Policy and pose a clear, present and material risk of harm to M31 STUDIO's business or operations or to M31 STUDIO's other account holders, M31 STUDIO may immediately, without prior notice to Account Holder, suspend or otherwise restrict Account Holder 's use of the affected Web Hosting Services to the extent necessary to prevent further possible unauthorized activity. Within one hour of taking any action to suspend or restrict a Account Holder's use of the affected Web Hosting Services and Products, M31 STUDIO shall provide written notice to Account Holder by facsimile or e-mail stating the actions taken and all facts supporting any allegation of violations of the Acceptable Use Policy. Following completion of the investigation, and delivery to M31 STUDIO of a written report setting forth the details and conclusion of such investigation, depending on the severity of the violation, M31 STUDIO may, in its sole discretion, restrict, suspend, or terminate the affected Web Hosting Services provided to the offending Account Holder and/or pursue other civil remedies. If M31 STUDIO becomes aware that such violation is a criminal offense, M31 STUDIO will notify the appropriate law enforcement department of such violation. M31 STUDIO does not issue service credits for any outages incurred through service disablement resulting from the Acceptable Use Policy violations. All M31 STUDIO contacts with any third party, including, without limitation, law enforcement, shall be in accordance with applicable law and regulation, including, but not limited to, law and regulation governing the privacy of subscriber information as applicable to M31 STUDIO's provision of its services to its Account Holders.

Reporting Network Abuse

Any party seeking to report any violations of M31 STUDIO's policy may contact M31 STUDIO.com at 1-(212)-924-9571. or This e-mail address is being protected from spambots. You need JavaScript enabled to view it