INTERNET ACCEPTABLE USE POLICIES
For the purpose of this document, "We" and "SDI"
mean Systems Design, Inc. "AUP" means these Internet
Acceptable Use Policies. "Downstream Provider" means any
entity providing Internet access or services via an SDI Internet
connection. "Upstream Provider" means any entity providing
Internet access or services to SDI which SDI uses to provide Internet
access or services to one or more Downstream Providers. "You"
means you, a customer of SDI. "Your Site" means any website
that SDI hosts on your behalf.
SDI's goal is to provide as unrestricted and satisfying an Internet
experience as possible for our customers, consistent with legal
requirements and the rights and privacy of others. This AUP is designed
to satisfy what the law demands, to protect SDI, and to protect You, our
customer. These AUP's are applicable to all Internet services offered by
SDI, including retail services and wholesale services provided to
Internet Services Providers and other services providers.
Depending on the specific nature and circumstances of any given
violation of this AUP, We may:
We are required by law to report to the appropriate authorities
and/or agencies any criminal activity that We become aware of or
that is brought to our attention.
We strongly support our customers' right to free speech.
Harassment, slander, libel, obscenity, threatening others, and being
abusive are not protected speech, and SDI will not support the use
of our service to that end. You agree that You will not post or
otherwise disseminate on or through Your Site materials or
communications (a) that are unlawful, harassing, libelous, tortious,
abusive, offensive, threatening, or obscene, (b) that infringe or
violate any third party's copyright, trademark, trade secret,
privacy or other proprietary or property rights, or (c) the
dissemination of which could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable law or
regulation, or (d) that are otherwise objectionable, including, but
not limited to, materials or communications that evidence bigotry,
racism, sexism, or hatred, or that promote illegal activities, or
physical harm against anyone.
Email/Inappropriate Usenet News Activity
Spamming is not tolerated under any circumstances.
"Spamming" is sending unsolicited email - whether
commercial or noncommercial, targeted or untargeted - to people who
have not explicitly asked for such email.
"Spamming" is also posting to Usenet news an identical
message to many newsgroups, or many individual posts to multiple
newsgroups that are not related to the topic of that news, Inc., or
where doing so is in violation of that news, Inc.'s charter or
conventional use. Posting identical or nearly identical Usenet
messages on a regular (daily, weekly) basis - with the exception of
FAQ's and other informational content posts desired by the group -
is similarly prohibited.
Spam sent via other networks, whether email or Usenet spam,
referencing email addresses or sites hosted by SDI or by Downstream
Providers, is similarly prohibited. You may not use SDI or any
Downstream Provider as a "drop-off" address for replies to
spam mail or spam posts sent via our or other networks.
Open-Relay is forbidden within SDI's network. An Open Relay is a
mail server that will allow a third-party on the Internet to send
email through that server to yet other third parties on the
Internet. This is a common mail server misconfiguration; please
consult Your documentation in order to correct this.
Use of our networks and/or services in service to spam, spammers, or
spamming will not be tolerated. SDI encourages Downstream Providers
to employ similar AUP's in conformance with our own.
You may not commit or be party to the commission of any attack
against our networks, systems, and/or services, or any other
networks, systems, and/or services on the Internet. This includes,
bombing (sending large numbers of messages or sending extremely
large messages, with the intention of disrupting the normal
use/operation of the recipient's email account or service);
While these are not necessarily attacks against SDI's networks,
systems, and/or services, or any other networks, systems, and/or
services on the Internet, they can have the same effect on SDI's
systems. Reasonably-sized mass-mailings - 100 messages or fewer
- are fine. Larger mass mailings must receive approval from
postmaster@SDIi.net. Mass mailings that are sent without such
approval may be blocked. See "Unsolicited Email" above
for further caveats.
to gain unauthorized access to our networks, systems and/or
services, or other networks, systems, and/or services, to which
You are not authorized for such access.
with traffic our networks, systems, and/or services, or other
networks, systems, and/or services with the intention of
disrupting those networks, systems and/or services.
activities listed above are by no means inclusive of all prohibited
Millennium Copyright Act Compliance.
SDI requires its customers to cooperate in all of SDI's efforts to
comply with the requirements of the Digital Millennium Copyright Act (DMCA).
Where, in SDI's sole judgment, compliance with the DMCA requires that
content be removed from a server operated by You to or for which You
provide access to the Internet, or that access to such server be
blocked, You agree that You will cooperate fully and promptly on request
of SDI. Your failure to cooperate may result in SDI blocking access to
or terminating Your SDI service. See Copyright Policies link at www.callSDI.com.
with Internet Service Terms or Use Policies of Upstream Providers.
You agree that You will comply with the Internet Acceptable Use
Policies, however denominated, of SDI's Upstream Providers.
SDI is proud of our Internet technical support staff and the quality of
service they provide. To maintain that quality, We must limit the
availability of technical support to the primary account holder only. We
cannot provide technical support for other persons who may have access
to use Your account or connection, such as Your business partners,
employees, relatives, etc. You may designate one additional person -
typically Your web designer - as an authorized person to specify changes
to Your accounts.
We must limit our Internet technical support to issues related to
connectivity only. We cannot teach You how to design your web pages, how
to use your computer's software, how to access specific sites on the
net, etc. We can only offer such help on a consulting basis, or We may
refer You to other specialists. We may (and frequently do) at our
discretion and time permitting, assist customers with non-connectivity
issues. Providing such additional service shall not be construed as an
obligation for SDI to provide such service.
Depending on the specific nature and circumstances of any given
violation of this AUP, We may:
your service temporarily;
your service, without warning.
in some circumstances, SDI may bill You at the rate of $350 per hour,
per incident, plus any associated expenses, for our costs in repairing
or mitigating any harm or damage a customer's or Downstream Provider's
actions or inactions may cause.
remedies are in addition to, and not in lieu of, any other remedies
available to SDI pursuant to any agreement by and between SDI and You.
of Service and Disclaimers
This AUP applies to all Internet services that are provided by SDI.
reserves the right to modify this AUP at any time. Posting of such
modifications to SDI's site shall constitute notice of such
modifications and your continued use thereafter constitutes acceptance
of those modifications.
Use of SDI's
networks and/or services constitutes unconditional agreement to the
terms of this AUP, and by such use You agree to indemnify and hold
harmless SDI from any and all costs or damages You may incur consequent
to SDI's enforcement, or lack thereof, of this AUP, as outlined in the
Enforcement clause of this document.
reserve the right to refuse access and/or service to anyone, at any
time, for any reason.
INTERNET SERVICES ARE PROVIDED ON AN AS IS, AS AVAILABLE, FIRST COME
FIRST SERVED BASIS. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SDI
BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF OR INABILITY TO USE SDI'S INTERNET SERVICES. NOR
SHALL SDI BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE
WHETHER OR NOT CAUSED BY EVENTS BEYOND SDI'S REASONABLE CONTROL,
INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATION LINE OR POWER
FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SDI'S RECORDS,
PROGRAMS, OR SERVICES. SDI SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION,
ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE LOSS OF; OR DAMAGE TO;
OR UNAVAILABILITY OF; ANY DATA STORED OR TRANSPORTED VIA OUR NETWORKS,
SYSTEMS, AND/OR SERVICES, OR FOR ANY CONSEQUENTIAL DAMAGES RELATED TO
SUCH LOSS, DAMAGE, OR UNAVAILABILITY. SDI'S SERVICES ARE PROVIDED WITH
NO WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SDI
BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, REGARDLESS OF
WHETHER SDI HAS BEEN ADVISED OF OR KNOWS OR SHOULD KNOW THE RISK OF SUCH
DAMAGES IN ADVANCE. SDI'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY
SHALL BE, AT SDI'S ELECTION, EITHER RETURN OF SERVICE FEES PAID WITHIN
THE PRECEDING ONE HUNDRED AND EIGHTY DAYS OR REPLACEMENT OF CONNECTION
SERVICE OR PRODUCTS.
These terms will be governed by and construed in accordance with the
laws of the State of Nevada, and the federal laws of the United
States of America, without giving effect to any conflict of laws
You agree that You are solely responsible for your use of or
activities on Your Site, and that You will comply with all
applicable local, state, federal and international laws and
regulations, including, but not limited to, United States export
restrictions, that relate to your use of or activities on Your Site.
Your Site is controlled and operated in the United States. SDI makes
no representation that Your Site is appropriate or available for use
by persons outside the United States.
Subject to the terms of any other agreement(s) applicable to any
products or services accessed or purchased by You from SDI, these
AUPs constitute the entire agreement between You and SDI governing
the Internet services offered by SDI. Should any provision in these
terms conflict with the terms of any other agreement applicable to
any products or services accessed or purchased by You through Your
Site, the terms of such other agreement(s) will control with respect
to the products and services to which such terms apply; provided,
however, that with regard to Internet services, this AUP and any
agreement by and between You and SDI relating only to Internet
services shall control. Should any provision in these terms be found
to be invalid or unenforceable for any reason, then that provision
will be deemed severable from these terms and will not affect the
validity or enforceability of the remaining provisions. You agree
that any claim arising out of or related to these terms or your use
of Your Site must be filed within one (1) year after it arose.