Chinook may revise this Acceptable Use Policy (the "Policy") from time to time without notice by posting a new version of this document on the Chinook Web site at https://www.seaservers.net/legal/privacy.htm (or any successor URL(s)). All revised copies of the Policy are effective immediately upon posting. Accordingly, customers and users of Chinook services should regularly visit our Web site and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern. Questions regarding this Policy and complaints of violations of it by Chinook customers and users can be directed to https://www.seaservers.net.
Chinook is a provider of turnkey private label hosted business messaging, collaboration and communication solutions (“Services”) for service providers and other resellers (“Resellers”), which invests it with certain legal and ethical responsibilities as to the use of those Services and the equipment that supports its Service offerings. Chinook has developed a policy of online conduct, or Acceptable Usage Policy (AUP), that is incorporated by reference in each Reseller Agreement and expands upon certain terms and conditions contained therein. By using Chinook's Services, our Resellers, as well as Resellers’ users and/or customers, agree to comply with the AUP. Chinook Resellers are expected to take the necessary steps to ensure, to the best of their ability, that these guidelines are routinely followed by their customers, subscribers and/or users, (“Users”) to help ensure the continuing availability and overall success of the Internet as a source of virtually unlimited private, public, commercial and non-commercial information and products. Resellers agree to enforce their Customers’ Users’ adherence to these rules. In order to express their commitment to enforce these rules, Resellers may reproduce this Policy in whole or in part, substituting the Reseller’s name for Chinook’s, and provide it to their Users such that they are materially aware of its terms.
In order to preserve the relationship between the Reseller and it’s customers, Chinook will notify the Reseller of any violations, as well as any actions taken to resolve the violation, including but not necessarily limited to suspension, modification and/or termination of the User’s account. The Reseller agrees to notify the Customer associated with this User of the violation and the actions taken.
Chinook expressly reserves the right to suspend or terminate a User's access to the Services if, in its judgment, a User has inappropriately used the Services or engaged in illegal or prohibited activities. Chinook expressly reserves the right to take any one or more of the following actions, in its sole discretion, in response to a reported or otherwise discovered Policy violation or action that is are illegal, subjects Chinook to liability, or is otherwise offensive or inappropriate:
· Issue verbal or written warnings to the Reseller
· Suspend the User's account
· Terminate the User's account
· Bill the Reseller for reactivation charges
· Pursue legal remedies for violations
· Cooperate with governmental authorities or other third parties to investigate any suspected or alleged crime or civil wrong committed with use of the services
Chinook will not reimburse any Reseller whose Customer’s Service is suspended or disabled due to any of the reasons listed above. In the event that your Customer’s account should become suspended or terminated, you will still be responsible for all charges to your Customers’ accounts, including, but not limited to, hardware charges, installation fees, and any other early termination liabilities.
Violations of this AUP include, without limitation, the following:
· General illegal use: Using the Services or facilities in a way that violates any applicable law or regulation.
· Canceling messages of other users: Using the Services to cancel another's message, except that a user may cancel postings forged in that user's name. We may cancel any postings that violate this AUP.
· Collecting personal data: Using the Services to collect, or to attempt to collect, personal information about third parties without their knowledge or consent.
· Disrupting Chinook's Services or facilities: Using the Services or facilities for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes "denial of service" attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the customer's responsibility to ensure that their network is configured in a secure manner.
· Exceeding Allotments: If a customer site exceeds its allotted size or monthly allotment of storage, traffic or other usage-based resource, the Service associated with that allotment may become unavailable or constrained until the usage returns below the allotment. Such unavailability may include, but will not be limited to, the inability to send mail or upload documents.
· Forgery, impersonation, or fraud: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is not allowed. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as a pyramid scheme or chain letter is prohibited.
· Impersonation of any kind, including but not limited to use of another User’s login credentials.
· Hate Speech, Harassment, Threats, and Harm to Minors: Using the Services to post or transmit e-mail or material that is hateful, harassing, threatens physical violence or the destruction of property, or harms or attempts to harm minors in any way.
· Infringing Intellectual Property: Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
· Reselling the Services: Reselling the Services without Chinook express written authorization.
· Sharing accounts: Sharing a User's account with another party for purposes of avoiding payment for a second account is strictly prohibited. Moreover, if you share your account with another party, you agree to be held accountable for their actions.
· Unauthorized access: Using the Services to access, or to attempt to access, the accounts of others; to port scan; or to penetrate, or attempt to penetrate security measures of Chinook's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
· Unsolicited commercial or bulk e-mail/SPAM: Using the Services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail, or using the service of another service provider to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail that advertises, or otherwise solicits a response to, IP address(es) routed over Chinook's network. Also using the Services in any way that contradicts our CAN-SPAM Statement (https://www.seaservers.net/legal/CAN-SPAM.htm), which is incorporated herein by reference.
· Failure to report to Chinook any one or more of the violations described in this policy.
Chinook Hosting Corp does business as Chinook. All Resellers and Users of the Services agree to indemnify, waive and hold Chinook, Hosting Corporation, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any and all claims and expenses related to the User's violation of this Policy, including any abusive or unlawful behavior on the part of the User or anyone using the User's account, or the infringement of any intellectual property or privacy rights of any person or entity. This means that you cannot sue or recover damages whatsoever from Chinook as a result of Chinook' decision to remove material from its servers, warn you, suspend or terminate accounts or take any other action during the investigation of a suspected violation or as a result of Chinook' conclusion that a violation has occurred.