This AUP is in addition to any restrictions contained in the SEI Communications service agreement for Internet service (the “Service Agreement”). All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Service Agreement.
You, the customer, must comply with this AUP. Your failure to do so could result in the suspension or termination of your Broadband Service account. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband Service and notify SEI Communications so that we can close your account.
SEI Communications may modify these policies from time to time, in our sole discretion. All revisions shall be effective upon posting, unless otherwise noted. You agree to be bound by any changes to the policies when you use the services after any such revision is posted. Please review the policies regularly, as it is your responsibility to abide by the current terms at all times. It is the customers responsibility to regularly check their seidata.com email in order to receive possible service effecting notifications.
To report illegal content on the Internet go to www.ftc.gov.
Prohibited Uses and Activities
In general, this AUP prohibits uses and activities involving the
Broadband Service that are illegal, infringe the rights of others, or
interfere with or diminish the use and enjoyment of the Broadband
Service by others.
No user of the Broadband Service, Customer Equipment, or the SEI
Communications Equipment may, individually or in combination with
another:
Conduct and Information Restrictions
No user of the Broadband Service, Customer Equipment, or the SEI
Communications Equipment may, individually or in combination with
another:
Technical Restrictions
No user of the Broadband Service, Customer Equipment, or the SEI
Communications Equipment may, individually or in combination with
another:
Customer Conduct and Features of the Broadband Service
Customer Obligations
In addition to being responsible for your own compliance with this AUP,
you are also responsible for any use or misuse of the Broadband
Service that violates this AUP, even if it was committed by a friend,
family member, or guest with access to your Broadband Service
account. Therefore, you must take steps to ensure that others do not
use your account to gain unauthorized access to the Broadband Service
by, for example, strictly maintaining the confidentiality of your
Broadband Service login and password. In all cases, you are solely
responsible for the security of any device you choose to connect to
the Broadband Service, including any data stored or shared on that
device. It is also your responsibility to secure the Customer
Equipment and any other Premises equipment or programs not provided
by SEI Communications that connects to the Broadband Service from
external threats such as viruses, spam, bot nets, and other methods
of intrusion.
SEI Communications' Rights
SEI Communications reserves the right to refuse to transmit or post, and
to remove or block, any information or materials, in whole or in
part, that it, in its sole discretion, deems to be in violation of
Sections I or II of this AUP, or otherwise harmful to SEI
Communications' network or customers using the Broadband Service,
regardless of whether this material or its dissemination is lawful so
long as it violates this AUP. Neither SEI Communications nor any of
its affiliates, suppliers, or agents have any obligation to monitor
transmissions or postings (including, but not limited to, e-mail,
file transfer, blog, newsgroup, and instant message transmissions)
made on the Broadband Service. However, SEI Communications and its
affiliates, suppliers, and agents have the right to monitor these
transmissions and postings from time to time for violations of this
AUP and to disclose, block, or remove them in accordance with this
AUP, the Service Agreement, and applicable law.
Service Restrictions
All of SEI Communications' network and system services are provided
according to scheduled fees for each type of service. You agree to
use such services in accordance with the terms set forth below.
Email and Web-Hosting Services
Instant, Video, and Audio Messages
Each user is responsible for the contents of his or her instant, video,
and audio messages and the consequences of any of these messages. SEI
Communications assumes no responsibility for the timeliness,
mis-delivery, deletion, or failure to store these messages. In the
event that a Broadband Service account is terminated for any reason,
all instant, video, and audio messages associated with that account
(and any secondary accounts) will be permanently deleted as well.
Personal Web Pages and File Storage
You are solely responsible for any information that you or others publish
or store on any personal web page or in any storage files. You are
also responsible for ensuring that all content made available through
personal web pages is appropriate for those who may have access to
it. For example, you must take appropriate precautions to prevent
minors from receiving or accessing inappropriate content. SEI
Communications reserves the right to remove, block, or refuse to post
or store any information or materials, in whole or in part, that it,
in its sole discretion, deems to be in violation of this AUP. For
purposes of this AUP, "material" refers to all forms of
communications including text, graphics (including photographs,
illustrations, images, drawings, logos), executable programs and
scripts, video recordings, and audio recordings.
Network Management and Limitations on Data Consumption
SEI Communications manages its network with the goal of delivering a
fast, safe and uncompromised broadband Internet experience to all of
its customers. But, high-speed bandwidth and network resources are
not unlimited. Managing the network is essential for the promotion of
best possible Broadband Internet experience by all of SEI
Communications' customers. The company uses reasonable network
management practices that are consistent with industry standards. SEI
Communications tries to use tools and technologies that are minimally
intrusive and, in its independent judgment guided by industry
experience, among the best in class. Of course, the company's network
management practices will change and evolve along with the uses of
the Internet and the challenges and threats on the Internet.
If SEI Communications didn't manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradation of service. By engaging in responsible network management, including enforcement of this AUP, SEI Communications can deliver the best possible broadband Internet experience to all of its customers.
Please see SEI Communications' Network Management Policy for more information.
Network Usage and Data Consumption Restrictions
You acknowledge that all of the SEI Communications Internet services are
intended for periodic, active use of email, user newsgroups,
transfers via FTP, Internet chat, Internet games, and browsing of the
Internet. You must comply with all current bandwidth, data storage,
and other limitations on the SEI Communications Internet services
that have been established by SEI Communications and SEI
Communications suppliers. The excessive use or abuse of SEI
Communications' network resources by one customer may have a negative
impact on all other customers. Accordingly, in addition to the
Prohibited Uses and Activities provided in this AUP, you may not use
the SEI Communications Internet service or take any action, directly
or indirectly, that will result in excessive consumption or
utilization of the system or network resources, or which may weaken
network performance, as determined in SEI Communications' sole
discretion. Such prohibited actions include, but are not limited to:
using the SEI Communications Internet Services to host a web server
site which attracts excessive traffic at your location, continuously
uploading or downloading streaming video or audio, use net hosting,
continuous FTP uploading or downloading, or acting in a manner that
negatively effects other users' ability to engage in real time
exchanges and use of the SEI Communications Internet Services.
The Broadband Service is for personal and non-commercial residential use only. Therefore, SEI Communications reserves the right to suspend or terminate Broadband Service accounts where data consumption is not characteristic of a typical residential user of the Broadband Service as determined by SEI Communications in its sole discretion.
Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol ("FTP"), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Broadband Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Broadband Service, nor represent (as determined by SEI Communications in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Broadband Service does not limit or interfere with SEI Communications' ability to deliver and monitor the Broadband Service or any part of its network.
If you use the Broadband Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, SEI Communications may, in its sole discretion, suspend or terminate your Broadband Service account or request that you subscribe to a version of the Broadband Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Broadband Service at higher data consumption levels. SEI Communications may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans.
SEI Communications' determination of the data consumption for Broadband Service accounts is final.
Violation of this AUP
SEI Communications reserves the right to immediately suspend or terminate
your Broadband Service account and terminate the Service Agreement
if you violate the terms of this AUP or the Service
Agreement.
SEI Communications does not routinely monitor the activity of individual Broadband Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Broadband Service. SEI Communications has no obligation to monitor the Broadband Service and/or the network. However, SEI Communications and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Broadband Service; identify violations of this AUP; and/or protect the network, the Broadband Service and SEI Communications users.
SEI Communications prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. SEI Communications also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without SEI Communications' intervention. However, if the Broadband Service is used in a way that SEI Communications or its suppliers, in their sole discretion, believe violates this AUP, SEI Communications or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Broadband Service (including but not limited to newsgroups). Neither SEI Communications nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not SEI Communications' exclusive remedies and SEI Communications may take any other legal or technical actions it deems appropriate with or without notice.
SEI Communications reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on SEI Communications' servers and network. During an investigation, SEI Communications may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to SEI Communications and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Broadband Service account, SEI Communications is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).
The failure of SEI Communications or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
Redress and Governing Law
Governing Law
The Agreement and the relationship between you and SEI Communications
shall be governed by the laws of the state of Indiana without regard
to its conflict of law provisions. To the extent court action is
initiated to enforce an arbitration award or for any other reason
consistent with the Arbitration provision herein, you and SEI
Communications agree to submit to the personal and exclusive
jurisdiction of the courts located within the state of Indiana and
waive any objection as to venue or inconvenient forum. The failure of
SEI Communications to exercise or enforce any right or provision of
this AUP or the Service Agreement shall not constitute a waiver of
such right or provision. If any provision of this AUP or the
Service Agreement is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of this AUP or the Service
Agreement remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the service, this AUP or the
Service Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
Resolution of Disputes - Arbitration
Any dispute or claim between you and SEI Communications arising out of or
relating to the service provided in connection with this AUP or the
Service Agreement shall be resolved by arbitration
("Arbitration"), unless otherwise specified in your
individual Service Agreement. To the extent that there is a
conflict regarding this Arbitration provision, your individual
Service Agreement supersedes the Terms and Policies of the
individual Services.
The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what the Service Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
Digital Millennium Copyright Act
Requirements
SEI Communications is committed to complying with U.S. copyright and
related laws, and requires all customers and users of the Broadband
Service to comply with these laws. Accordingly, you may not store any
material or content on, or disseminate any material or content over,
the Broadband Service (or any part of the Broadband Service) in any
manner that constitutes an infringement of third party intellectual
property rights, including rights granted by U.S. copyright law.
Owners of copyrighted works who believe that their rights under U.S.
copyright law have been infringed may take advantage of certain
provisions of the Digital Millennium Copyright Act of 1998 (the
"DMCA") to report alleged infringements. It is SEI
Communications' policy in accordance with the DMCA and other
applicable laws to reserve the right to terminate the Broadband
Service provided to any customer or user who is either found to
infringe third party copyright or other intellectual property rights,
including repeat infringers, or who SEI Communications, in its sole
discretion, believes is infringing these rights. SEI Communications
may terminate the Broadband Service at any time with or without
notice for any affected customer or user. Please see SEI
Communications' DMCA policy and
DMCA FAQs for additional information.
General Terms
You agree that if any portion of this AUP is held invalid or
unenforceable, that portion will be construed consistent with
applicable law as nearly as possible, and the remaining portions will
remain in full force and effect. You agree to indemnify, defend and
hold harmless SEI Communications and its affiliates, suppliers, and
agents against all claims and expenses (including reasonable attorney
fees) resulting from any violation of this AUP. Your indemnification
will survive any termination of the Service Agreement.
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