AUP (Acceptable Use Policy)
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Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fradulent content.
Using any Seblin Inc. service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Seblin Inc. services or products is prohibited. Using the Seblin Inc. network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within Seblin Inc. network are open to the public. You are solely responsible for your usage of the Seblin Inc. network and servers and any statement you make on servers hosted within the Seblin Inc. network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Child Pornography
Seblin Inc. will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Seblin Inc. network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Software Piracy
The Seblin Inc. network 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 other intellectual property rights.
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.
Seblin Inc. will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
E-mail Advertising (SPAM)
Seblin Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of Seblin Inc. may not use or permit others to use our network to transact in UCE. Customers of Seblin Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium.
Customers of Seblin Inc. are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Seblin Inc. network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Violation of Seblin Inc.'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Seblin Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, Seblin Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Seblin Inc. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Seblin Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Seblin Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.
Violation of Seblin Inc.'s SPAM policy may be reported to abuse [at] seblin [dot] com
IRC
Seblin Inc. allows the use of IRC inside the Seblin Inc. network as long as the use of IRC on a Seblin Inc. server does not violate any of the other terms of this AUP. As a policy, Seblin Inc. will not provide vanity IRC reverse DNS records. To enforce this policy Seblin Inc. does not turn the reverse address of IPs over to the customer. Authority over this information remains with Seblin Inc..
Suspension
Seblin Inc. reserves the right to suspend network access to any customer if, in the judgment of the Seblin Inc. network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Seblin Inc. chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Customers are not billed for suspended servers during the suspension period.
Cancellation
Seblin Inc. reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Seblin Inc. if Seblin Inc. institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).
Indemnification
Seblin Inc. wishes to emphasize that in signing the Terms of Service Agreement or its equivalent, customer indemnifies Seblin Inc. for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Seblin Inc. or the bringing of any claim against Seblin Inc. by any third-party. This means that if Seblin Inc. is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Seblin Inc., plus costs and reasonable attorney's fees.
Disclaimer of Responsibility
Seblin Inc. is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occured, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Seblin Inc. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
All Sub-Networks, resellers and managed servers of Seblin Inc. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.