|Acceptable Use Policy (AUP)|
|Last Modified: 09/30/2008|
This Acceptable Use Policy (AUP) sets forth provisions of acceptable use of the products and services of Sekweta Technologies LLC (referred to herein as "Sekweta Technologies"). All Sekweta Technologies users are required to comply with this policy, along with any and all applicable laws and regulations in full. This is in addition to any terms and conditions of applicable agreements. Sekweta Technologies works to provide its customers with the highest quality services available, while respecting the standards that have been created both by the Internet community, and through legislation. To that end, inappropriate or abusive activities and conduct will not be tolerated by Sekweta Technologies. Sekweta Technologies reserves the right to modify this AUP from time to time, without notice. Users are encouraged to review this AUP often for changes or new information. Please send questions, comments, or complaints regarding this AUP to .
As an Internet Service Provider, it is not practical for Sekweta Technologies to monitor the content of information passing through its network. Sekweta Technologies exercises no control whatsoever over the content of any information passing through its network and is not responsible for damages customers may suffer for any reason. Any persons or organizations, including Sekweta Technologies customers, who publish material or information made accessible through Sekweta Technologies networks are solely responsible for the content of such material and information, and are solely responsible to know and comply with the laws applicable to the publication of such materials and information. Sekweta Technologies will cooperate with legal authorities in the investigation of any suspected criminal or civil infringements.
In addition to being responsible for their own actions, each Sekweta Technologies customer is responsible for the activities of its customer base or end-users and, by accepting service from Sekweta Technologies, agrees to inform its customers and/or end-users of this AUP or its own AUP, which must not be inconsistent with the terms herein.
Sekweta Technologies customers may not misrepresent themselves to be someone they are not. Use of an identity other than one's own (i.e. an alias or identity theft), or use of a stolen or fraudulent credit card, is grounds for immediate termination.
All systems which are connected to Sekweta Technologies' network shall be configured in accordance with industry standards, applicable laws, and regulations; and, in particular, must conform with approved RFC standards documents, which are published periodically by the IETF: http://www.ietf.org/rfc.html.
Customers of Sekweta Technologies are responsible for immediately reporting any issue which could compromise the stability, service or security of any user or system connected to Sekweta Technologies' network.
These lists are intended to illustrate some, but not all, inappropriate and improper conduct, which are prohibited by Sekweta Technologies.
Sekweta Technologies' services are only to be used for lawful purposes. Customers may not transmit, retransmit or store material in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or material infringing trademarks or copyrights. Sekweta Technologies customers may not abuse or fraudulently use Sekweta Technologies products and services, nor allow nor permit such use by others.
It is illegal under Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, sexually explicit visual depiction of children.
The following general actions are considered "abuse" and are prohibited:
Users are prohibited from engaging in improper use or distribution of email. Users are strictly prohibited from engaging in any of the following activities:
Mass or commercial email may be sent only to recipients who have expressly requested receipt of such emails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgments, and final confirmations ("confirmed opt-in") must be adhered to in their entirety for any mass or commercial email to be considered permitted by Sekweta Technologies.
Note: Sekweta Technologies discourages the sending of bulk mail, and only permits such mailings in rare cases, and then only after Confirmed Opt-In has been verified.
In the absence of positive, verifiable proof to the contrary, which must be provided before the mail campaign is initiated, Sekweta Technologies considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.
It is the policy of Sekweta Technologies to respond expeditiously to claims of intellectual property infringement. Sekweta Technologies will promptly process and investigate notices of alleged infringement and will take appropriate actions under 17 USC §512 ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, when it is under its control, Sekweta Technologies will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Sekweta Technologies will terminate access for customers who are repeat infringers. Webhosting customers must adopt and implement a DMCA policy that reserves the necessary rights to remove or disable infringing material. If you believe that a copyrighted work has been copied and is accessible on our network in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:
Elements of NotificationNotices of claimed infringement should be directed to .
Note: It is assumed that complainants have explicitly requested communication from the Sekweta Technologies abuse department (), and that such communication will be pre-authorized by the complainant. If email replies to the complainant are blocked, challenged, or otherwise frustrated, then Sekweta Technologies will interpret this as a desire by the complainant to cease communication and to withdraw the claim.
Suspension and Termination
Sekweta Technologies may immediately suspend or terminate the service of a customer as a result of the violation of any part of this policy through verbal or written notice, which may be provided through email or voicemail. Generally, Sekweta Technologies will work to resolve violations of this AUP and ensure there are no future violations; however, Sekweta Technologies reserves the right to suspend or terminate service based on the first violation.
Customers who violate any of the provisions of this policy may incur "clean-up" fees to cover the costs of handling AUP violations, complaints, and technician expenses. The amount of the fees may vary, but will be commensurate with the violations.
Disclaimer of Liability
Sekweta Technologies has no practical ability to restrict conduct, communications or content which might violate this AUP prior to its transmission on Sekweta Technologies' network. In addition, Sekweta Technologies cannot guarantee removal of any such communications or content after transmission. Therefore, Sekweta Technologies does not assume liability to customers or others for any failure to enforce the terms of this AUP. Further, Sekweta Technologies' failure to enforce this policy in any instance in which it might have application does not constitute a waiver of Sekweta Technologies' rights.
Sekweta Technologies, LLC