SeaKay, Inc. General Policy
By opening an account with SeaKay, Inc., you agree to abide by all policies of SeaKay, Inc. These policies apply to all users of SeaKay, Inc. without exception; failure to adhere to the stated policies may result in termination of the account at the discretion of SeaKay, Inc.
SeaKay, Inc. reserves the right to change policies, services, and pricing. Your continued use of an account signifies acceptance of any and all policies and policy changes, and you may cancel if you do not agree with changes in policy, service, or pricing.
SeaKay, Inc. reserves the right to refuse to provide service to anyone.
SeaKay, Inc. makes no warranties of any kind, whether express or implied, for the service it is providing. SeaKay, Inc. will not be held responsible for any damage you suffer from use of an account or service provided by SeaKay, Inc., unless otherwise agreed to in writing. This includes- but is not limited to- equipment damage, failure or loss of data resulting from delays, non-deliveries, or service interruptions caused by the company’s negligence or your negligence or misuse.
SeaKay, Inc. is committed to preserving the privacy of its customers and protecting their personal data.
SeaKay, Inc. does not actively monitor customer use of the Internet, customer email or other customer communications in the course of its regular operations.
Information retained by SeaKay, Inc.:
SeaKay, Inc. keeps information about its customers such as names, addresses, telephone numbers, email addresses and details about services used by the customer. All such information is considered private.
SeaKay, Inc. also keeps logs of limited technical information pertaining to matters such as customer connectivity and email processing. These logs are retained on a temporary basis in order to insure high-quality service, and no logs are kept indefinitely.
The only circumstances wherein SeaKay, Inc. will disclose any of the above-mentioned information to a third party is:
- In the course of providing services our customers have specifically requested, SeaKay, Inc. may make some of this information available to our affiliates in order to fulfill the requirements of order processing.
- In the event that we receive a legitimate, legally mandated request for customer information, SeaKay, Inc. will respond only within the narrow scope of that request.
SeaKay, Inc. will not otherwise disclose any private information about its customers to any other third party.
Acceptable Use Policy
Any prohibited or illegal activity that affects SeaKay, Inc., its agents, equipment or customers is punishable to the full extent of the law, and SeaKay, Inc. will hold you responsible for any damage caused by your actions, whether intentional or unintentional. You are strictly prohibited from using your account other than as outlined in this Acceptable Use Policy and will be prosecuted to the full extent of the law if you do so illegally (see Enforcement section). SeaKay, Inc. makes no exceptions in enforcing this policy.
SeaKay, Inc., functions as a common carrier; our standard policy is to not monitor or interrupt our users’ activities, exert editorial control over their content, or censor them or their content. To protect the interests of SeaKay, Inc. and in the best interests of our customers, exceptions to this policy may be made under certain specific circumstances including but not limited to the following:
Illegal activities: The law requires SeaKay, Inc. to report any criminal activity that it becomes aware of to the appropriate authorities. It is the responsibility of the account owner to be familiar with current laws and regulations.
Email: Email accounts are for personal or business correspondence only. Unsolicited Commercial Email (otherwise known as UCE – or spam) is strictly prohibited and violators will have their accounts terminated immediately. Sending unsolicited email to one or more addresses regardless of how the addresses were obtained may be considered spamming and is grounds for account termination. Use of a SeaKay, Inc. address or any address of a domain hosted by SeaKay, Inc. as a return address for replies to spam is similarly prohibited.
SeaKay, Inc. may at its discretion employ filtering techniques to block inbound email from known sources of spam and email abuse, and may also filter incoming email for known viruses.
Network abuse: Use of SeaKay, Inc. accounts or services for orchestration of or participation in any abuse of the SeaKay, Inc. or any other network, system or service is expressly forbidden and is grounds for account termination and possible legal action. Any action which interferes with the SeaKay, Inc. or other networks or which affects the use of or access to any network is likewise expressly forbidden.
SeaKay, Inc. retains at all times the right to determine what constitutes network abuse. Examples include but are not limited to:
- Attempts to hack the SeaKay, Inc. network or any other network or systems
- Port scanning
- Use of ‘cracking’ software or techniques
- Dissemination of viruses or malware
- Provocation of attacks on the SeaKay, Inc. network or any other network
- Conduct which causes SeaKay, Inc. to be blocked by another provider or which causes SeaKay, Inc. to be placed on a “block list”
- Flooding SeaKay, Inc. or any other network with traffic for the purpose of disrupting service
- Mail bombing
SeaKay, Inc. customers must also comply with the acceptable use policies of our upstream providers, Happy Cycling LLC (http://happycycling.com) and Hurricane Electric (http://www.he.net).
Use of copyrighted material: SeaKay, Inc. is obligated to comply with the Digital Millennium Copyright Act of 1998 (DMCA). All web pages are subject to copyright law, and members are responsible for the content in their file space. Use of the World Wide Web, FTP, Newsgroups or any other services provided by SeaKay, Inc. to transfer copyrighted material in violation of applicable laws is prohibited and may result in termination of your seakaybroadband.net account.
Access to content: SeaKay, Inc. functions as a common carrier and does not censor. Material can be found on the Internet or in Usenet news groups, etc., that some viewers may find objectionable; SeaKay, Inc. is not responsible for any content available via SeaKay, Inc. accounts or services. Any limitation of access to content is at all times the responsibility of the account holder and SeaKay, Inc. shall not be held responsible for access to material that an account holder deems inappropriate. We suggest that minors be supervised.
The owner of any type of SeaKay, Inc. account or service will be held responsible for any abuse of that account or service, regardless of whether the owner was the actual initiator of the abuse. This includes for example but is not limited to: abuse of an email account or dialup add-on which is part of a customer’s account but which is used by a third party or abuse of a colocated server or colocation services by a third party, with or without the account owner’s permission.
Enforcement and remedy:
Violation of any terms set forth in this Acceptable Use Policy may result in one or more of the following, at the discretion of SeaKay, Inc.:
- Issuance of a warning
- Temporary suspension of service
- Billing to defray administrative costs incurred
- Termination of your services, account or accounts
- Legal action
If any activities or security problems involving a SeaKay, Inc. account or SeaKay, Inc. customer’s services cause network outages, the owner of the account or service will be billed for network down-time.
Any account owner whose account is terminated for violation of the terms set forth in this Acceptable Use Policy will be required to pay any outstanding balances due, including any and all early termination fees. In instances where it is necessary to terminate a customer’s account, an administrative disconnect fee may also be applied.
SeaKay, Inc. will normally attempt to contact any user in violation of this Acceptable Use Policy before taking action, but depending on the circumstances or the severity of the violation action may be taken without prior notification. In this case, the user will be notified as soon as it is practicable.
This acceptable use policy in no way limits the rights and remedies of SeaKay, Inc. At its discretion SeaKay, Inc. may take other actions it deems necessary to protect the integrity of its or other’s networks or to recover the costs of operation as pertain to identifying and removing violators of this acceptable use policy.