Legal

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) applies to all users of Modica Group Limited's Services. It is supplementary to any Agreement and Service Schedules entered into by Modica and its customers.

This AUP is not exhaustive and we reserve the right to modify this AUP at any time, effective upon posting of the modified AUP to http://www.modicagroup.com.
Violation of this AUP is prohibited and may result in the immediate termination or suspension of the services you receive from us according to your Agreement with us. You shall remain solely liable and responsible for your use of the services and any and all content that you display, upload, download or transmit through the use of the services. "Content" includes, without limitation, email, web pages, text messages, multimedia messages, instant messages and domain names. It is Modica’s policy to terminate the accounts of repeat infringers.

To assist you in complying with the requirements of this AUP, Usage Guidelines are available for review at http://www.modicagroup.com.

Definitions

In this document, unless the context requires otherwise:
"Modica", “us", "we" and "our" means Modica Group Limited,

“You” and “users” means users of Modica's network, servers, services and systems, including their affiliates or customers.

“Services” means the services offered by Modica for use by our customers, users and affiliates.

General Responsibilities

Modica expects you, and all other users of our Services, to take responsibility in using our Services with courtesy and responsibility, and to be familiar with and practice good etiquette.
Prohibited Acivities
Users will be deemed to be in violation of this Acceptable Use Policy when they (or their affiliates or customers) engage in any of the following prohibited activities:

  1. Unacceptable Content
    1. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
    2. Transmission or dissemination of, sale, storage or hosting of material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
    3. Posting or sending of software or technical information in violation of New Zealand laws.
    4. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
    5. Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of false or stolen credit card numbers.
  2. System and Network Security
    1. Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the systems, or network;
    2. Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network;
    3. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Intentional interference also means the use of any kind of program/script/command, or sent messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
    4. Forging of any TCP-IP packet header or any part of the header information in an email, SMS message or newsgroup posting. This prohibition does not include the use of aliases or anonymous remailers.
    5. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
    6. Failing to prevent unauthorized access to accounts, including any account passwords.
  3. Unsolicited Content
    1. Sending unsolicited commercial messages sent by email, text message, multimedia message, instant message or posted to websites by means of comment submission, without the recipient either requesting such information or otherwise explicitly expressing an interest in the material advertised. It should be noted that a user has not expressed an interest by the mere act of posting a news article in any particular newsgroup, or by visiting a web site, unless they have made a specific request for information to be sent to them. The Department of Internal Affairs enforces the Unsolicited Electronic Messages Act 2007 and we will cooperate fully with any investigation carried out by them in relation to the sending of unsolicited commercial messages by means of Modica's Services. Further information on this subject can be obtained by visiting http://www.antispam.govt.nz.
  4. System Performance
    1. Attempting to overload the Modica's network, servers or systems by whatever means will be considered reckless use of the Services and as such is not allowed. We may prohibit the running of any such application which, in our sole judgement, endangers the stability or performance of the Services.
    2. Use of IP multicast other than by means provided and coordinated by us is likewise prohibited.
    3. Attempting to use our Services for the purposes of engaging in denial of service attacks on our or any other Services.

If approached with complaints relating to any of the above violations, Modica will cooperate and assist the police and law enforcement bodies with their investigations in order to bring such misuse and violations to an end.

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