|
SEI Communications, Inc. Terms & Policies
Internet Services Terms & Conditions Revised March 11, 2004
This policy represents a guide to the acceptable use of any product or service provided by SEI Communications, Data and Network Services (herein known as SEI Data.). This policy ensures SEI Data's compliance with commonly accepted operating practices designed to provide for the security, reliability, and privacy of SEI Data's systems and networks, as well as the networks and systems of others. Additionally, this policy is designed to encourage the responsible use of the network, and to avoid situations, which may cause SEI Data to incur civil liability.
The SEI Data "Acceptable Use Policy and Subscriber Agreement" is updated periodically and any changes take effect when posted on SEI Network Page at: http://www.seidata.com/user_policy.html
BY YOUR USE OF SEI Communications SERVICE YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN. Read the following in its entirety as it contains the Terms and Conditions for use of SEI Communications, Inc. and its affiliates (hereinafter "SEI Communications") services and your use of the services constitutes acceptance of these Terms and Conditions and acknowledgement of a binding contract based on the same. These Terms and Conditions, together with SEI Communications' Acceptable Use Policy (herein referred to as "the AUP"), all applicable pricing and software license agreements and any written agreements executed by both parties represents the complete agreement ("Agreement") between SEI Communications and you, the account holder or user (herein referred to as "you" or "yourself'). The current Terms and Conditions and AUP supersede any other written or oral agreement pertaining to your SEI Communications service, other than a specific written contract signed by both parties. In the event of such specific written contract signed by both parties, these terms and conditions and the written contract shall constitute the entire contract and in the event of a direct conflict between the two, the terms and conditions of the written agreement shall govern as to the specific conflict.
1. GENERAL
Do not use SEI Communications Services if you do not agree to be bound by these Terms and Conditions. If you currently have a SEI Communications account and do not want to be bound by these Terms and Conditions immediately end your use of SEI Communications services and notify SEI Communications Customer Service by phone to close your account. If you have any questions regarding these Terms and Conditions it is your responsibility to contact SEI Communications.
You agree that SEI Communications may revise the Terms and Conditions of this Agreement as set forth below at any time by posting on our web site at http://www.seidata.com/user_policy.html. You agree to review this site for revisions. By your continued use of SEI Communications services after the effective date of any revision, you agree to be bound by and comply with the revised Terms and Conditions and revised AUP.
The most current version of the Terms and Conditions may be found at:
http://www.seidata.com/user_policy.html
The most current version of this Acceptable Use Policy may be found at:
http://www.seidata.com/user_policy.html
2. SERVICES
SEI Communications will provide selected Internet services ("Services"), based on the type of account you choose, in exchange for recurring payment of subscription fees and full compliance with this agreement. Bundled services may not be used separately. You may not assign, lease, rent, transfer or resell SEI Communications services or any portion of SEI Communications services with any other party in any way.
As an account holder, you bear full responsibility for communications and/or content provided via your SEI Communications account and all charges to your account. In addition to this agreement, you agree to abide by the terms and rules of any third party servers, networks or systems, that you may make use of or access with your SEI Communications account.
You assume responsibility for all conduct and content transmitted or stored using your account, with or without your knowledge or consent. You agree to protect and maintain the security of your account, password, files and data, network and user access, and any information and messages transmitted or provided via SEI Communications and any other Internet service.
Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. SEI Communications is not responsible for any long-distance, toll or other telecommunications charges you incur. You are responsible for any toll charges, long distance charges or other telecommunication charges billed to you by any telecommunication provider associated with your use of any SEI Communications service.
SEI Communications reserves the right to provide information through distribution of a newsletter through either electronic means or via U.S. Mail.
3. USE OF SERVICE; COMPLIANCE WITH AUP & LAWS
You agree to comply with the SEI Communications Acceptable Use Policy (AUP), all service specific AUPs and all applicable laws. When SEI Communications has reason to suspect any violation of this Agreement or any statute or regulation or AUP, we may, at our sole discretion, begin an investigation or take such other action, as we deem appropriate under the circumstances. Such an investigation may include, but not be limited to, gathering information from and about the account holder, including examining the content of personal electronic communications, web pages, and any other data or files on SEI Communications' systems. By using the Services you consent to such investigation. During an investigation SEI Communications may suspend account access, and remove or deny access to files and data, as we deem necessary. You agree to cooperate with any such investigation.
In the event that SEI Communications, at its sole discretion, determines that a violation of this Agreement or AUP has taken place, may, but is not obligated under this agreement to, take enforcement measures. Such enforcement is at SEI Communications' sole discretion and may include, without limitation:
Notices and/or warnings about future violations. Suspension or termination of any or all SEI Communications Internet accounts and Services used to violate this Agreement, the AUP, any state or federal law and/or belonging to the account holder. SEI Communications reserves the right to discontinue any and all Services to you, at any time, and without notice when SEI Communications determines that your account has been used to violate this agreement, the AUP or any state or federal law.
Removal of any or all messages, files and/or data stored on or transmitted via SEI Communications systems. Filing of criminal charges or initiation of civil action, as SEI Communications sees fit, against the account holder and/or parties known or unknown.
Requiring payment for actual costs, lost income, and other liability and/or a $200 handling charge for each event in which this Agreement, the AUP or any state or federal law was violated.
SEI Communications reserves the right to restrict or prohibit access to any part of its system, at its sole discretion and as it sees fit, to protect its interests, the interests of the majority of its users, and to maintain consistent availability of system resources. You agree that for each violation, SEI Communications may, at its sole discretion, bill you a handling charge for actual costs, lost income, and other liability incurred due to said violation. You agree to remit the billed amount within 30 days of receipt of such billing. You agree that, absent payment in full, SEI Communications may bill your credit card directly or submit the billing for collection.
SEI Communications' reservation of rights does not imply nor impose on SEI Communications any obligation to monitor or enforce your obligations under these Terms and Conditions or the AUP or your compliance with any state or federal law.
Any use of SEI Communications software or third-party software distributed by SEI Communications is governed by the end-user license agreement that accompanies the software. Use of such software indicates your complete agreement with and acceptance of any and all terms in any such license agreement.
4. SERVICE & RATE CHANGES
Due to the changing nature of various factors affecting technology, telecommunications and the Internet SEI Communications may, at its sole option, decide to change services and/or rates from time to time. SEI Communications reserves the right to change or discontinue Services at any time upon 30 days notice. Notices may be given electronically via e-mail or by posting on the SEI Communications website and shall be deemed given when sent. In the event that you do not agree to such fee change you may 1) if you are on a month-to-month account, terminate your account or 2) if you have committed to a specific term, notify SEI Communications by phone of your intent to terminate the account and if the increase is determined to apply to your account then you may cancel without incurring an early termination fee. Any reduction in fees will not apply until such time as an account is renewed.
5. MINIMUM AGE REQUIREMENTS
SEI Communications account holders must be at least eighteen (18) years of age.
6. BILLING/PAYMENT
You agree to provide SEI Communications with complete and accurate billing information at the time your account is created and to update this information within 30 days of any change. Such billing information includes, without limitation, your legal name, mailing address, and telephone number(s) and any applicable e-mail addresses. Providing false billing information shall be cause for immediate and permanent termination of the account. You agree that you are responsible for making payment in full for any account you have opened.
SEI Communications bills in cycles (the "Billing Cycle"). Charges for new accounts may be prorated. Charges for terminating accounts are not prorated. Service payments may be required in advance of receiving Services. The starting date of the billable period will be the earlier of the day we receive the electronic order form, the day customer signs up via fax or the day a phone order is received and entered.
Unless otherwise agreed based on the Service provided and applicable fee schedule or in specific written contract signed by both parties, Payment is due upon the due date noted on the bill. Delinquent accounts are those that remain unpaid 5 days after the due date. Invoices with payment terms of Net 30, become delinquent if payment in full is not received by the end of the term. Delinquent accounts may incur a late charge up to the maximum amount allowed by law.
Data Privacy Policy - SEI Communications agrees not to use cardholder names, account numbers or other credit card transaction information embossed, encoded, or appearing in any other manner on a card for any purpose other than for the sole purpose of assisting SEI Communications in completing the transaction, or as specifically required by law. SEI Communications also agrees not to disclose or remit cardholder names, account numbers or other credit card transaction information embossed, encoded, or appearing in any other manner on a card or any other document or form evidencing such information to any third party other than the financial institution or its designated agent. SEI Communications further agrees to store all materials containing cardholder names, account numbers or other credit card transaction information including, without limitation, sales drafts and credit transaction receipts in a secure area limited to selected personnel and, prior to discarding, to destroy this data in a manner rendering it unreadable.
Data Security Method - Customer data is transmitted via Secure Sockets Layer (SSL). To find out if your transaction is guarded by SSL, look for the picture of the unbroken key or closed lock in your browser window (both the Netscape Navigator/Communicator and Microsoft Internet Explorer browsers use SSL). Either indicator means SSL is hard at work. (If you don't see either one, or if you see a broken key or an open lock, that means SSL is definitely not hard at work protecting your transaction.) The easy way, you can tell if SSL is guarding your transaction is to check the URL of the site you are visiting. It should change from "http" to "https" when processing secure transactions.
Payment Methods:
Credit Card or Automatic Bank Withdrawl: If the payment method is credit card, the customer may obtain a copy of the invoice upon request via e-mail and it will be sent to the address listed on the e-mail account. Depending on the Service SEI Communications may also automatically send you an invoice via e-mail on or prior to the billing date. You do not need to respond to this e-mail, it is for informational purposes only. SEI Communications's system will automatically charge your credit card or withdraw the amount due from the bank account for the payment. If for any reason your credit card company or bank refuses to make payment of the amount billed to your credit card or submitted for automatic withdrawal on your checking account, your account will be placed in a delinquent status, which may, at SEI Communications' sole discretion, include immediate suspension without notice. It is your responsibility to contact SEI Communications with updated information and payment arrangements if you cancel the applicable credit card or change banks associated with the automatic withdrawal.
Checks or Money Orders: If you are set up to pay by mail in check you will be invoiced in advance of the start of the new period. This will allow you time to mail in payment to ensure your service is continued un-interrupted. If or some reason (vacation, travels etc.) you feel you do not have time to mail payment in time to prevent un-interrupted service it is your responsibility to call SEI Communications and explain the situation. You are responsible for payment for the Services regardless of if you receive an invoice. SEI Communications reserves the right to charge a $25.00 service charge for each returned check and to immediately send any returned check to collection. You are responsible to ensure that payment to SEI Communications made by check or money order is sent to:
SEI Communications
14005 US Highway 50, PO Box 7, Dillsboro, IN 47018 Attn: Billing
7. DELINQUENT OR NON-PAYMENT
SEI Communications reserves the right to remove or suspend access to an account without notice that has an outstanding balance for monthly recurring fees, setup fees, handling charges, or any other fees and charges that may be due and also reserves the right to remove or suspend access to any other accounts, regardless of their payment status, you have in your same name until such charges are paid. Suspended accounts continue to accrue charges until restored or purged, even if the account holder does not use the account.
Accounts that are delinquent by more than 30 days may be purged from the system without notice and without recourse to the account holder for any lost files or data stored on SEI Communications' systems. The balance due on any account purged from SEI Communications' system remains due and may be sent to collection if not paid in full. You agree to pay SEI Communications all costs, including attorney fees and court costs associated with SEI Communications' collection of your past due amounts.
SEI Communications will not release domain names for any account holder with an outstanding balance due. SEI Communications also reserves the right to hold any collocated servers or other equipment owned or otherwise placed and used by you on SEI Communications premises and not allow removal of such from SEI Communications premises until all balances due SEI Communications are paid or if such balances are not pad SEI Communications may take any and all legal steps to use the proceeds of such servers and/or equipment to satisfy any such balances owing.
Payment by fraudulent means for any SEI Communications account or service will result in immediate and permanent termination of the account and may result in possible civil damages and criminal penalties. SEI Communications prosecutes check and credit card fraud.
SEI Communications reserves the right to charge a service reconnection fee of $10.00 to reinstate suspended accounts.
SEI Communications reserves the right to require, as permitted by law, the customer to reimburse SEI Communications for reasonable costs incurred with collecting delinquent charges. Such costs may include, but are not limited to, collection agency fees as well as the costs of internal collection resources and attorney fees.
8. CANCELLATION OF SERVICE
Unless otherwise subject to a term commitment, this Agreement shall be on a month-to-month basis until cancelled by you or SEI Communications. Likewise, upon completion of any term commitment our Agreement will be on a month-to-month basis until cancelled by you or SEI Communications. All cancellation of service requests for SEI Communications accounts must be must be in writing via US Mail to be effective. Such requests must be received by 5PM Eastern Standard Time on the last day of each month, in order to be processed by the end of the same month. If your payment is set up via credit card or automatic withdrawl it is your responsibility to assure that such charges or withdrawls are stopped upon termination of service as SEI Communications' responsibility for any such charges collected after the alleged termination of service shall be limited to refund of one months charges collected from you. Cancellations will be effective as of the end of the customer billing cycle.
All services without a term commitment will be billed through the end of the current billing cycle after disconnect notification is received.
9. EARLY TERMINATION CHARGES
Any cancellation of service prior to end of your billing term (the end of your billing term will depend on whether you pay monthly or annually) will result in the forfeiture of all payments applied toward any portion of unused service. No refunds will be given for early cancellation of service, for any reason.
If you are subject to a term commitment contract, other than a dial-up account and cancel service prior to the end of the term liquidated damages in terms of early termination charges will apply as follows:
Twelve month term: If your term commitment is for 12 months and you cancel or terminate other than due to a material, uncured breach by SEI Communications then you agree to pay liquidated damages equal to 3 times the monthly plan price for all contracted services or the remainder of the contracted price if less than 3 months remain in the contract.
Two year term: If your term commitment is 24 months or less, but greater than twelve months, and you cancel or terminate other than due to a material, uncured breach by SEI Communications then you agree to pay liquidated damages equal to 4 times the monthly plan price for all contracted services or the remainder of the contracted price if less than 4 months remain in the contract.
You also agree that any equipment you received but were not charged for or which was discounted will be returned to SEI Communications. You acknowledge and agree that various benefits were given to you in exchange for your agreement to enter into a term commitment contract, which benefits may have included better price terms and/or waiver of certain costs of the service and that a precise measurement of damages arising from your failure to comply with your term commitment would be extremely difficult to measure, thus you agree that the liquidated damages listed above are a just and reasonable measure of damages resulting from such non-compliance.
10. INDEMNIFICATION
You agree to defend, indemnify and hold SEI Communications, our officers, directors, employees, and agents, harmless from any and all claims, losses or damages related to any action, in whole or in part, taken by you or any person using your account, including but not limited to, any violation of this agreement, the AUP or any state or federal law, any viewing by or exposure of any minor or other person to any content on the Internet and/or any disputes which result from or are related in any way to the content of information passing through SEI Communications' network or equipment or to your use of SEI Communications services, equipment, bundled software, or the Internet. You agree to defend, indemnify and hold SEI Communications, our officers, directors, employees, and agents harmless from all claims, losses and damages, including costs and attorney's fees from any such actions.
11. LIMITATION OF LIABILITY
You understand, agree and acknowledge that in no event and under no legal theory, shall SEI Communications be liable to you or any third party for the any damages, business loss, revenue decrease, loss of your domain name, expense increase, lost profits, costs of substitute products/services or any consequential, special, incidental, punitive or indirect damages of any kind arising from your use or inability to use, any of SEI Communications' services, any malfunction or incompatibility of technologies included with SEI Communications' services, any technologies added, removed or altered by customer or third party, including but not limited to, scripts and/or software used for or on the creation or operation of customer's website, or any breach of this Agreement. All of the foregoing is applicable regardless of whether SEI Communications has been advised of the possibility of such damages. You understand and agree the Services are priced in a manner that contemplates such limitations of liability.
You agree that you will not sue and are not entitled to recover any damages whatsoever from SEI Communications, its officers, directors, employees, members, affiliates, subsidiaries, consultants and agents, as a result of SEI Communications' decision to remove material from our servers, cancel a posting, warn you, suspend or terminate your account or take other action during the investigation of any suspected violation of law or the AUP or as a result of any conclusion by SEI Communications that any such violation has occurred. In no event shall SEI Communications' liability exceed the initial fee or one (1) month's fee paid by customer to SEI Communications. This limitation of liability and risks is reflected in the price of SEI Communications' services.
12. WARRANTY INFORMATION AND DISCLAIMERS
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SEI Communications MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE REGARDING ANY SERVICE, USE OF THE SERVICE, HARDWARE, SOFTWARE, OR THE QUALITY, ACCURACY, OR VALIDITY FOR THE DATA AND/OR INFORMATION AVAILABLE.
You acknowledge that the information available through the interconnecting networks (including the Internet) may not be accurate and that SEI Communications has no ability or authority over the material. Use of information obtained from or through SEI Communications is at the risk of the customer.
You understand, agree and acknowledge that certain technologies, developments and innovations are being licensed, or co-branded, from or by, third-party entities and that SEI Communications makes no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), technology, equipment data and/or information involved in such items. The use of these application(s), data and/or information obtained from or through SEI Communications, or any other third-party, directly or indirectly, is at your risk.
13. CONTENT
Use of the Internet and the information available through it is at your own risk. Many sites and areas provide access that could be considered harmful or offensive or material that is intended for adult audiences.
SEI Communications exercises no active control over the content of user provided or requested information passing through our network or systems. You should anticipate that disputes might arise between yourself and other individuals and entities related to such content. Such disputes, either based in fact or the imagination of one or more parties, may involve, but are not limited to: infringement of copyrights, trademarks, or other intellectual property rights; the use or misuse of domain names; defamation; invasion of privacy; fraud; spelling and grammar; the accuracy of quotations and other statements; and the use or misuse of information. SEI Communications will take any and all appropriate steps set forth in the Digital Millennium Copyright Act (17 USCS 101 et seq.), including possibly taking down materials on a site or restricting access to the site upon receipt of a 'complaint' under such Act, to protect itself from liability in regards to allegations of copyright infringement. You agree that SEI Communications is not responsible for mediating or providing mediation for disputes between yourself and other parties. You agree to sole responsibility for content provided by or viewed by use of your SEI Communications account. You agree that all claims, disputes, or wrongdoing which result from or which are related in any way to the content of information of information passing through or stored on SEI Communications' network or equipment are your sole and exclusive responsibility. You agree that the terms of this Agreement and the AUP will be complied with.
SEI Communications offers content filtering as a value added service. SEI Communications makes no guarantee that all information considered obscene, lewd, lascivious, filthy, excessively violent, otherwise objectionable, or other information you wish to block out will be blocked out. (This is because, among other reasons many web pages may not be appropriately rated by the site operator or may be inaccurately rated by a third party providing rating services.) SEI Communications also makes no guarantee that information that should not be filtered will not be, for the reasons above, and because content may be misinterpreted by the filtering software.
You agree to not permit minors that you are not the custodial parent or legal guardian of to use your SEI Communications account without proper supervision. You agree to assume all risks associated with viewing content and/or any exposure of content on the Internet to any minor or other person who uses your account.
SEI Communications makes every effort to comply with applicable laws, including without limitation the Electronic Communications Privacy Act 18 U.S.C. 2710 et seq., Digital Millennium Copyright Act 17 U.S.C. 101, et seq. and the Communications Decency Act 47 U.S.C. 230, et seq. SEI Communications also complies with appropriate requests from government agencies. SEI Communications may, as we see fit and for any reason, access and/or disclose the user names and billing information of account holders, the contents of any electronic communications passing through our network, the contents and/or copies of any data stored on SEI Communications systems, and any other information, without limitation, that we consider necessary or appropriate. SEI Communications cooperates with law enforcement agencies in investigating suspected illegal activities. SEI Communications reserves the right to report to law enforcement any suspected illegal activity of which we become aware.
14. HARDWARE & SOFTWARE & COMPATIBILITY
ALL HARDWARE, SOFTWARE OR EQUIPMENT SOLD OR OTHERWISE PROVIDED TO YOU BY SEI Communications, OTHER THAN ON A LEASED BASIS, SHALL BE ON AN "AS IS" BASIS AND SEI Communications EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE REGARDING SUCH HARDWARE, SOFTWARE OR OTHER EQUIPMENT. A manufacturer's warranty may or may not be available to you-such matters shall be between you and the manufacturer. SEI Communications' hardware department will attempt to assist you with warranty repairs and replacements if a manufacturer's warranty exists and the manufacturer approves of such. Out of warranty repair and replacement will be charged at standard rates.
Hardware otherwise leased from SEI Communications remains SEI Communications property, subject to other agreements between yourself and SEI Communications. You agree to label such equipment as SEI Communications property, keep this equipment in a secure location that is cool and dry, to provide a working surge suppression device for use with SEI Communications owned equipment, and to reimburse SEI Communications for the cost of any equipment lost or damaged while in your care.
Software provided or sold by SEI Communications is subject to the license agreement(s) included with that software. You agree that upon termination of your SEI Communications account you will remove software that was provided to you free-of-charge by SEI Communications, whether created by SEI Communications or a third party, and to return or destroy all copies of that software, except where the license agreement for that software says otherwise. This does not apply to third party software that you may have downloaded from the Internet or purchased.
SEI Communications will, attempt if requested, to provide reasonable technical support and assistance to configure hardware or software you may have for connecting to the Internet using SEI Communications services. SEI Communications is not obligated to provide detailed assistance or education toward the use of hardware and software and reserves the right to charge for such services. Systems that are part of a Local Area Network are specifically excluded from receiving detailed technical support. If you are not the Network Administrator of a Local Area Network, and wish to receive assistance in connecting a system on such a network to SEI Communications, you agree to contact your internal Network Administrator of your system for such assistance. If you are the Network Administrator, you agree that SEI Communications' assistance may be limited to providing information about basic settings and that the actual configuration of your networks and systems are your responsibility. You agree to accept full responsibility for any changes you make to your system, on your own or under the direction of SEI Communications.
It is your responsibility to obtain and maintain the communications equipment and software necessary to connect to SEI Communications services. This may include various types of modems, computer hardware and software, and local telephone service. It is your responsibility to ensure that your equipment and software is compatible with SEI Communications' equipment, software and standards, as well as meeting current Internet standards.
SEI Communications may make changes to equipment, software, and standards, as we feel necessary. SEI Communications will attempt to notify users in a timely manner of any major change in equipment, software, or standard. You agree that it is your responsibility to read your SEI Communications e-mail and check for bulletins periodically for any such notices.
15. IP ADDRESSES
SEI Communications maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to you and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. IP addresses assigned to you remain the property of SEI Communications upon termination or cancellation of Customer Account.
16. UNITED STATES DOMAIN NAMES
SEI Communications has signed an agreement with Verisign/Network Solutions to collect the US $70 domain name registration fee (the "Internic Fee") on behalf of Verisign/Net Solutions. The Internic Fee covers the registration for 2 years. You may be billed by another party (Internic) for your domain name registration. SEI Communications' role in the registration of a domain name is limited to the submission of the registration request to the appropriate registrar (the "Registrar"). SEI Communications does not and cannot guarantee that a particular application for a domain name will be accepted or approved. Please note each individual domain name constitutes a single submission. SEI Communications will submit application to the Registrar as provided. It is the registrant's responsibility to provide accurate information. Any change to the original information must be made directly to the Registrar and not to SEI Communications. Be advised that upon registering a domain name with Verisign/Network Solutions you will be subject to the Terms and Conditions of Verisign/Network Solutions, or other registries as applicable.
17. Violation of any of SEI Communications' Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
*************************************************************
SEI Communications, Inc. Terms & Policies
General Acceptable Use Policy
PLEASE READ THE FOLLOWING AS IT SETS FORTH THE GUIDELINES AND RULES FOR ACCEPABLE USE OF SEI Communications SERVICES AND SETS FORTH CONDUCT THAT IS EXPRESSLY PROHIBITED. IF YOU DO NOT AGREE TO BE BOUND BY THIS DOCUMENT YOU MUST END YOUR USE OF SEI Communications SERVICES IMMEDIATELY.
1. INTRODUCTION
SEI Communications has established this Acceptable Use Policy ("AUP") to enhance the use of the Internet by preventing unacceptable use. All users of SEI Datas Internet services (the "Services") - those who access some of our Services but do not have accounts as well as those who pay a monthly or annual service fee to subscribe to the Services (collectively "Customers") - are bound by and must comply with this AUP. In addition, certain Services (as indicated on this website) have a service specific Acceptable Use Policy which applies to such Service in addition to this AUP.
SEI Communications supports unrestricted transfer of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, we generally do not exercise editorial control over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, in accordance with our Internet Services Terms and Conditions, we may remove any materials that, in our sole discretion, may be illegal, may arguably subject us to liability, or which may violate this AUP or any additional service specific AUP. SEI Communications will cooperate with law enforcement authorities in the investigation of any suspected or alleged crime. SEI Communications will also respond to any subpoena, court order or other legal process. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your SEI Communications account or other actions as detailed in Section III. Such action may be taken with or without notice depending on the severity of the violation and at SEI Communications' sole discretion. This AUP should be read in conjunction with our Internet Service Terms and Conditions, service specific AUPs and any other policies. SEI Communications reserves the right to amend, revise or modify this AUP (or any service specific AUP) at any time and such amendment, revision or modification shall be effective upon the inclusion of such in text of this AUP (or service specific AUP) and use of the Services thereafter.
As an account holder or user of SEI Communications Services you bear full responsibility for communications and/or content provided via your SEI Communications account and use of the particular Service.
SEI Communications does not assume the responsibility to and does not actively monitor communications provided by users or from outside sources. Unless and until notified, SEI Communications is not likely to be aware of any violations of this AUP or legal violations. SEI Communications expects all users to notify us of any legal violations, violations of this policy or other matters of concern.
2. VIOLATIONS OF SEI Communications ACCEPTABLE USE POLICY
The following constitute violations of this AUP and you agree to refrain from such activities:
A. Illegal or Potentially Illegal Use. Using the Services to transmit or make available any material (by e-mail, uploading, posting, or otherwise) or activity that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated there under or gives the indication that such violation may be occurring. By way of example, and not limitation, such activity would include the receipt or distribution of material potentially deemed obscene under current statutes or the offering of escort/exotic modeling services and related activities.
B. Harm to minors. Using the Services to harm, or attempt to harm, endanger, harass, or otherwise threaten minors in any way. This includes but is not limited to the collection of information from children in violation of the 1998 Children's Online Privacy Protection Act.
C. Threats. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
D. Harassment. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another either by the frequency of the activity or by the content.
E. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters." E-mail that consists of make-money-fast schemes, pyramid or chain letters, unsolicited commercial information and/or information offensive to the recipient is prohibited.
F. Forgery or impersonation. Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is allowed.
G. Unsolicited commercial e-mail/ Unsolicited bulk e-mail. Using the Services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail (e.g. spamming) is prohibited. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail whether or not that e-mail is commercial in nature, are prohibited.
H. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of SEI Communications' or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Security violations include but are not limited to: 1) attempts to compromise or gain unauthorized access to any other Internet account or unauthorized system 2) altering the header of e-mail messages that conceal your e-mail address or prevents recipients from responding 3) interfering with any user, system or network, including any denial of service attack 4) any use or distribution of tools designed for compromising security including cracking tools, network probing tools, programs for guessing passwords or credit card numbers and any application that allows the remote control of another system without the knowledge of that systems operator.
I. Copyright or trademark infringement. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. SEI Communications is registered under the Digital Millennium Copyright Act of 1998 and will take all necessary action to assure compliance with such Act.
J. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
K. Sharing or Reselling services. Sharing or Reselling any SEI Communication service without written authorization. Examples of such activity would include but are not limited to: providing dialup access, wireless, or multi-tenant access off one connection.
L. Network disruptions and unfriendly activity. Using the Services for any activity that adversely affects the ability of other people or systems to use SEI Communications' Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, network services, websites or network equipment is prohibited. It is the Customer's responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network or access for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
M. News. SEI Communications Customers should use their best judgment when posting to any newsgroup or chat room. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic USENET netiquette before posting to a newsgroup.
SEI Communications considers "multi-posting" to 10 or more groups within any ten day period to be excessive.
SEI Communications Customers may not cancel messages other than their own messages. A Customer may cancel posts forged in that Customer's name. SEI Communications may cancel any postings that violate this AUP.
N. Long Connections and Multiple Logins. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of e-mail, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Customers must be actively using that connection for the above purposes.
Customers may not use the Services on a standby or inactive basis in order to maintain a connection. No line camping (leaving your machine on-line while you do other tasks) is permitted except on accounts with a dedicated connection. Customers wishing to remain connected to the Service for an extended period of time must purchase a "dedicated modem" account.
All single-user accounts may be accessed using one computer at a time. However, users may access their accounts from any machine, i.e. users with a work and home machine may use the same account from either. The account just can't be accessed by both machines at the same time.????
Pinging is expressly prohibited. Accordingly, SEI Communications maintains the right to terminate any Customer's connection following any extended period of inactivity as determined by SEI Communications in its sole discretion.
O. Web Pages and Data Storage. With SEI Communications you generally have the option of contracting for a set amount of storage area or choosing a plan that provides a set amount of storage and automatically allows excess storage above that amount for an additional charge. If you contracted only for a set amount of storage, exceeding the data storage you have contracted for on SEI Communications' equipment is prohibited and you agree that SEI Communications may, as it sees fit and without notice or liability, remove files that exceed your limit. Web pages must not violate applicable law. If access to your files or web pages by others results in excessive traffic or system loads, SEI Communications may remove or block access to files or web pages as it deems fit.
P) Servers. Providing any server services to the public without written authorization. Examples of this offense would include but are not limited to: running an email server, web server, ftp server, domain name server, irc server, and/or news server. SEI Communications reserves the right to block incoming requests to customer ports. Issuance of a static IP address does not constitute an exception to this rule.
3. ENFORCEMENT
SEI Communications reserves the right to suspend, block or cancel access to any and all Services when, in our judgment and sole discretion, an account may have violated this AUP. SEI Communications, by way of example and not limitation, may take any one or more of the following actions in response to complaints of conduct that amounts to a violation of this AUP:
- Issue written or verbal warnings.
- Suspend the Customer's newsgroup posting privileges.
- Suspend the Customer's account.
- Terminate the Customer's account.
- Bill the Customer for administrative costs and/or reactivation charges.
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violation.
Violation of any of SEI Communications' Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
*************************************************************
SEI Communications, Inc. Terms & Policies
Acceptable Use Policy for Websites
PLEASE READ THE FOLLOWING AS IT SETS FORTH THE GUIDELINES AND RULES FOR ACCEPABLE USE OF SEI Communications WEBSITE SERVICES AND SETS FORTH CONDUCT THAT IS EXPRESSLY PROHIBITED. THESE ARE IN ADDITION TO THE GENERAL ACCEPTABLE USE POLICIES, FOUND ON THIS WEBSITE, WHICH ARE ALSO APPLICABLE. IF YOU DO NOT AGREE TO BE BOUND BY THIS DOCUMENT YOU MUST END YOUR USE OF SEI Communications SERVICES IMMEDIATELY.
1. INTRODUCTION
While you can find information over the Internet on nearly any type of topic, there are subject areas that could be deemed inappropriate or objectionable to a number of different audiences. While SEI Communications does not express an opinion on whether specific information should be or should not be be available over the Internet, we do feel strongly that there are subject areas we do not want to represent through our web service. As such, the following acceptable use policies have been established for web sites hosted on SEI Communications web servers:
2. SPECIFIC USE POLICIES
SEI Communications Services May Only be Used for Lawful Purposes
Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. SEI Communications reserves the right to remove such illegal material from its server immediately. SEI Communications expressly forbids anyone from using SEI Communications servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of the SEI Communications management.
Unlawful and/or Unethical Use
SEI Communications does NOT allow sites that provide points of distribution, participate in the act of or provide links to the following types of sites:
- Adult Sites. Any erotic or pornographic material, links to adults sites, or advertisements for adult sites.
- Pirated Software (Warez). Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3).
- Copyright Violation. Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ISP in litigation and possible loss of reputation.
- Hacking/Phreaking. Includes sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes or participates in the destruction or compromises the integrity of SEI Communications.
- Defamation. Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.
- Distribution and/or Transmission of Obscene or Indecent Speech or Materials. Violation of indecency and obscenity laws can result in criminal penalties.
E-mail Acceptable Use
SEI Communications strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted. SEI Communications does not allow unsolicited mail. This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail. The reason for this is that not only is it generally frowned upon by the internet community, but it also demands extra bandwidth to handle the effects of such mail.
SEI Communications Services are Intended for the End User Only
Customers cannot sublease, sub host, or give away control of any portion of SEI Communications' resources.
3. PREJUDICE AND INTOLERANCE
Information that promotes racism, bigotry, religious intolerance, ethnic bias, or social bias is prohibited.
4. TERRORISM AND VIOLENCE
Any site that promotes terrorism, war, hatred, violence, or murder is prohibited at SEI Communications.
5. COMPUTER VIRUSES
Computer viruses cause millions of dollars of damage to computers every year. Any information or software that promotes or supports the distribution of computer viruses over the Internet is prohibited on SEI Communications' web service.
6. COMPUTER HACKING
Computer hacking is an activity that focuses on breaking into other computers or damaging them in such a way as to render them inoperable. In severe cases it can result in the complete destruction of the data stored on the computers that have been compromised during the attack. If the data that is destroyed belongs to a computer that controls one of more networks, then those networks will fail too. Because hacking can have such a detrimental effect on a large number of users, SEI Communications prohibits web sites on our service that promote software and information used for computer hacking.
7. PROMOTION USING SPAM
You can sell things from your web site, and you are welcome to advertise your web page, but you may not use unsolicited commercial e-mail (spam) or mass posting to news groups to promote your web site over the Internet. This rule remains in force even of you use a another Internet service to distribute your spam. Many ISPs will block e-mail from sites that are promoted using spam. SEI Communications will remove web sites that promote themselves using spam.
8. RESELLING WEB SPACE
Customers on SEI Communications' web servers may not resell web space to others under their directory. If you want to resell web space, contact SEI Communications to learn how you can become a reseller.
9. ILLEGAL ACTIVITIES
You are not allowed to promote activities that are illegal according to United States federal statutes or Indiana statutes. This includes anything to do with making bombs, manufacturing drugs, hacking phone systems ("phreaking"), breaking into buildings and cars, and other illegal activities.
10. Violation of any of SEI Communications' Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
|