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
Conduct and Information Restrictions
No user of the Broadband Service, Customer Equipment, or the SEI Communications Equipment may, individually or in combination with another:
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
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.
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
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
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.
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.