Surpha - Acceptable Use Agreement

Surpha Acceptable Use Agreement

This agreement is part of the Surpha Service Agreement.

1.	Introduction. Surpha's Acceptable Use Agreement ("AUA") is intended to enhance the use of the Service by all Surpha Clients. Surpha may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUA may result in the suspension or termination of either your access to the Services and/or your Surpha account or other actions as detailed in Section 3. This AUA should be read in conjunction with the Surpha Service Agreement and other policies.
2.	Violations of this AUA. The following constitute violations of Surpha's AUA:
	a.	Illegal use. Using the Service in a manner inconsistent with any and all applicable laws and regulations of the United States and applicable State laws. This includes, but is not limited to the transmission of any material in violation of any U.S. or any State regulation or law, including copyright laws (e.g., copyrighted material, material legally judged to be threatening or obscene, or material in breach of trade secrets, or copyrighted MP3's).
	b.	Unsolicited commercial e-mail (spam). Sending unsolicited e-mail advertisements of any kind including, but not limited to, unsolicited commercial and bulk e-mail ("spam"); or to participate in spamming of any kind. Clients having questions regarding legitimacy of email campaigns they wish to conduct should contact Surpha's Customer Service Department by using the online contact form at www.surpha.com/Contact.aspx (preferred) or by calling (801) 229-1190. Should you, the Client, be found to be in violation of this section, your account will be immediately terminated and no refund will be issued. It is also agreed that Surpha is due damages in the amount of $1,000 per incident, or the maximum allowed by law, which will be deducted, if possible, from Clients credit card or checking account. In the event Surpha is unable to collect damages as described above, Surpha will assign the debt to a collection agency. Client also agrees to pay for any and all attorney fees and/or collection costs. Client also agrees to protect and hold Surpha harmless against any recipients' retaliation for Spam that was sent by Client.
	c.	Open relay. Hosting a publicly-accessible service that provides open relay SMTP or anonymous email functionality.
	d.	Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
	e.	Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
	f.	Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
	g.	Fraudulent activity. 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 "pyramid schemes," "Ponzi schemes," and "chain letters."
	h.	Forgery or impersonation. 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. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.
	i.	Unauthorized access (hacking). Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Surpha'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.
	j.	Provide high-volume services from a non-commercial account. Using a non-commercial (personal) account for high-volume services (e.g., high-volume web site hosting or high-volume FTP hosting), or automated MP3 or file sharing (e.g., Morpheus, KaZaA, Audio Galaxy, or other Napster-like services) is prohibited. Surpha may take action to limit or terminate such activity, which may include suspension of account privileges, limiting account functionality or bandwidth, or in repeat or chronic cases, termination of account. You may establish a commercial or high-volume account by calling (801) 229-1190.
	k.	Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Surpha Services or the Internet. This includes but is not limited to "denial of service" (DoS) 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 Client's responsibility to ensure that their network is configured in a secure manner. A Client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions.
3.	Actions in Response to Violations. Surpha, in its sole discretion, may take any one or more of the following actions in response to violations surrounding the above rules and regulations: suspend Client's Service, terminate Client's account, restrict Service bandwidth, bill Client for administrative costs, bill Client for reactivation, bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
4.	Revisions to this AUA. Surpha reserves the right to revise, amend, or modify this AUA, the Surpha Service Agreement and our other policies and agreements in accordance with the Surpha Service Agreement.