Seaborn Networks

Acceptable Use Policy

This acceptable use policy (“AUP”) defines the scope of acceptable practices relating to the use of Seaborn’s network, websites, systems, facilities, products and services (collectively, the “Services”) by Seaborn customers and by users that have gained access to the Services through customer accounts (collectively, “Users”).  For purposes of this AUP, “Seaborn” includes Seabras Group, LLC and all other affiliates, including Seabras 1 USA, LLC and Seabras 1 Brasil Ltda.

This AUP applies to all aspects of the Services. The Services must be used in a manner that is consistent with the intended purpose of the Services and the terms of the applicable agreement with Seaborn.  By using the Services, Users consent to be bound by the terms of this AUP.  Seaborn takes no responsibility for any material created or accessible on or through the Services and will not exercise any control over or monitor any User’s material or content of their online communications. Seaborn reserves the right to edit or remove content that violates (or may violate) this AUP or that otherwise appears to be unlawful, harmful or offensive.

1. Prohibited Uses

The prohibited activities set forth below are not an exhaustive list and Seaborn reserves the right to take appropriate action to remedy any conduct which it deems to be a violation of this AUP or otherwise may be harmful to Seaborn’s network or Users.

1.1 General.  Users will not use the Services to transmit, distribute or store material in a manner that: (a) violates any applicable law, statute, ordinance or regulation; (b) may adversely affect the Services or Users; (c) may expose Seaborn to criminal or civil liability; (d) violate, infringe upon or otherwise misappropriate any third-party rights, including copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy; (e) commit any act that Seaborn reasonably determines is inappropriate, obscene, indecent, defamatory, libelous, tortious, threatening, abusive, hateful, or excessively violent; or (f) transmit, distribute or store material that may be harmful to or interfere with the Services, Seaborn’s network or any third party’s networks, systems, services, or websites.  Users are prohibited from facilitating any violation of this AUP.

1.2 Illegal Activity.  Users will not use the Services in a manner that constitutes illegal activities, including but not limited to illegal threats, multi-level marketing schemes, invasion of privacy, credit card fraud, racketeering, defamation, slander, child pornography and violations of the Child Protection Act of 1984, or any other applicable law.

1.3 Intellectual Property.  Material accessible through the Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users will not use the Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights.

1.4 Fraudulent/Misleading Content.  Users will not use the Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form or contract.

1.5 Unsolicited Email and Messages.  Users will not use the Services to (i) transmit unsolicited e-mail messages or deliberately send excessively large attachments to one recipient; or (ii) send e-mail messages which are intended to harass or annoy others (“Spam”); or (iii) send malicious e-mail, including, without limitation, “mail-bombing”,.  Use of the Service of another provider to send unsolicited email, spam or mailbombs, to promote a site hosted on or connected to the Seaborn network is prohibited. Users will not use the Services to (a) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (b) send e-mail with forged TCP/IP packet header information, (c) send malicious e-mail, including, without limitation, “mail-bombing”, or (d) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider.

1.6 Inappropriate Actions.  Users will not use the Services to conduct activities that may be harmful to or interfere with the Services, Seaborn’s network or any third party’s networks, systems, services, or websites. Users will not engage in any activities designed to harass, or that will preclude or interfere with the use of Service (e.g., synchronized number sequence attacks) by any other User on the Seaborn network or on another provider’s network. In addition, Users will not use the Service (a) by any means or device to avoid payment; (b) to access User’s account or Seaborn Services after User has terminated User’s account; or (c) to engage in phishing activities. Users will not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet.

1.7 Security Breaches and Obligations.  Users are prohibited from violating or attempting to violate the security of the Services or the computers, accounts, or networks of another party, including but not limited to, circumventing the user authentication or security of any host, network or account.  Users will not use the Services to cause security breaches or disruptions of Internet communication and/or connectivity.  Security breaches include, but are not limited to, accessing data, accounts or systems without authorization or logging into a server or account that the User is not expressly authorized to access and denial of service attacks.  Disruptions include port scans, flood pings, email-bombing, packet spoofing, IP spoofing, forged routing information.  User must use reasonable care in keeping its software on Seaborn’s servers up-to-date and patched with the latest security updates.

1.8 IP Allocation.  Users are prohibited from using IP addresses not originally allocated for use or on unassigned VLANs or servers. All IP addresses are currently owned and registered to Seaborn and are non-transferable. User retains no ownership or transfer rights.

2. Seaborn’s Rights

2.1 Suspension or Termination of Services.  Seaborn reserves the right to suspend or terminate a User’s Services if Seaborn believes User has violated any part of this AUP.  Seaborn will suspend Service for a violation of this AUP on the most limited basis as Seaborn determines is reasonably practical under the circumstances to address the underlying violation.  Seaborn will attempt to notify the User prior to suspending Service for violation of this AUP; provided, however, Seaborn may suspend Service without notice if Seaborn becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of this AUP that exposes Seaborn to criminal or civil liability or that exposes Seaborn‘s network or a User’s network or property to harm.  Such harm to a network may include, but is not limited to, risk of having an IP address placed on blacklists.  Seaborn may take such further action as Seaborn determines to be appropriate under the circumstances to eliminate or preclude repeat violations.

Seaborn reserves the right to take down any material―or otherwise block access thereto―created or accessible on or through the Services and suspend or terminate any User creating, storing or disseminating such material where Seaborn becomes aware that the material violates this AUP and/or exposes Seaborn to civil or criminal liability, including without limitation, under applicable copyright laws.  Seaborn reserves the right to avail itself to the safe harbor provisions of the Digital Millennium Copyright Act. Please refer to https://www.copyright.gov/dmca-directory/ information relating to the Service Provider/Designated Agent Information pursuant to the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c).  Seaborn does not have any liability to any party, including Users, for any violation of this AUP.

2.2 Cooperation with Investigations.  Seaborn will cooperate with legal authorities and third parties in the investigation of any alleged wrongdoing related to this AUP, including the disclosure of the identity of the User that Seaborn deems responsible for the wrongdoing.  Seaborn will not be liable for any damages of any nature suffered by any User, or any third party resulting in whole or in part from Seaborn’s exercise of its rights under this AUP.

2.3 Filters and Service Information.  Seaborn reserves the right to install and use, or to have User install and use, any appropriate devices to prevent violations of this AUP, including devices designed to filter or terminate access to the Service.  By accepting and using the Service, Users consent to allowing Seaborn to collect service information and routing information in the normal course of our business, and to use such information for general business purposes.  Users may not use the Service to monitor any data, information or communications on any network or system without authorization.

2.4 Modifications to Policy.  Seaborn reserves the right to modify this AUP in its discretion at any time with or without notice. Such modifications will be effective upon posting, and use of the Services after such modification constitutes acceptance of such modifications.

3. User’s Responsibilities

3.1 Complaints.  In most cases, Seaborn will notify Users of complaints received by Seaborn regarding an alleged violation of this AUP. Users are responsible for promptly investigating all such complaints and taking all necessary action to remedy any violations of this AUP. Seaborn may inform the complainant that User is investigating the complaint and may provide the complainant with the necessary information to contact User directly to resolve the complaint. In such event, User shall identify a representative for the purposes of receiving such communications.

3.2 Configuration.  Users are responsible for configuring their own systems to provide the maximum possible accountability. Seaborn shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Seaborn. For example, Users should ensure there are clear “path” lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, Users should maintain logs of dynamically assigned IP addresses. Users are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a User’s site be violated, User is responsible for reporting the violation to Seaborn and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.

Violations of this AUP may be reported to: notices@seabornnetworks.com

 

 

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