INTERNET ACCEPTABLE USE POLICIES

Definitions
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.

Introduction
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.

Prohibited Use
Depending on the specific nature and circumstances of any given violation of this AUP, We may:

  • Illegal activity
    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.

  • Prohibited Content
    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.

  • Unsolicited 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, for example:

    • mail 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);
    • mass-mailings. 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.
    • attempting 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.
    • flooding 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.

    The activities listed above are by no means inclusive of all prohibited activities.

Digital 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.

Compliance 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.

Technical Support
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.

Similarly, 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.

Enforcement
Depending on the specific nature and circumstances of any given violation of this AUP, We may:

  • issue a warning;
  • suspend your service temporarily;
  • terminate your service, without warning.

Additionally, 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.

These 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.

Limitation of Service and Disclaimers
This AUP applies to all Internet services that are provided by SDI.

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.

We reserve the right to refuse access and/or service to anyone, at any time, for any reason.

SDI'S 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.

General

  • Applicable Law
    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 provisions.
  • Compliance with 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.
  • Miscellaneous
    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.