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Acceptable Use Policy
Introduction and Purpose
This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of SoundAwesome. ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The Purpose of the SoundAwesome Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all National and International laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by SoundAwesome. SoundAwesome reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.SoundAwesome.com/toc.php.

The AUP is not an all-inclusive exhaustive list and SoundAwesome reserves the right to modify the AUPs at any time as needed, effective upon either the posting of the modified AUPs to the above web page or notification to the Customer via email. Acceptance and execution of the Terms and Conditions Agreement binds all parties to SoundAwesome stated AUP at the time the contract is executed and as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as SoundAwesome deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM SoundAwesome.

Any questions or comments regarding the AUP should be submitted through our contact page.


Compliance with Law
Customers shall not post, transmit, retransmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any National, local, state, federal, United States or Internationally agreed law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the uploading of copyright material without the or other software products that are not appropriately licensed for use by the Customer. The Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.


Customer Security Obligation
Each Customer must use reasonable care in ensuring that server or network devices attached to SoundAwesome infrastructure are not compromised by malware by connecting by any means without being patched with the latest security and malware updates. SoundAwesome is not responsible for Customer device level security.


System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. SoundAwesome investigates all incidents involving such violations and will cooperate with law enforcement agencies if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:
  • Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).

  • Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.

  • Executing any form of network activity that will intercept data not intended for the Customer's device.

  • Circumventing user authentication or security of any host, network or account.

  • Interfering with or denying service to any user other than the Customer's host (example: denial of service attack or distributed denial of service attack).

  • Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.

  • Failing to comply with the Company's procedure relating to the activities of Customers on the Company's premises. Violators of the policy are responsible, without limitations, for the cost of labour to correct all damage done to the operation of the network and business operations supported by the network. Such labour is categorized as emergency security breach recovery and is currently charged at £150 per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.


Spamming/Cheating
Any account holder found to be artificially boosting their "Track Plays" or "Track Votes", whether intended or not, will have their stats for the week nullified. We have a zero tollerance policy on spamming and cheating. Repeated offences may result in account closure, IP blocking, or other measure(s).


Internet Etiquette
Each Customer is expected to use reasonable Internet etiquette (Netiquette). The Customer will comply with the rules appropriate to any network to which SoundAwesome may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against SoundAwesome by offended users. SoundAwesome reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Child Pornography
SoundAwesome will cooperate fully with any criminal investigation into a Customer's violation any National, local or international laws pertaining to child pornography. Customers are ultimately responsible for the actions of their clients over the SoundAwesome network, and will be liable for illegal material posted by their clients.

According to the definitions of our Child Protection Policy, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of our Child Protection Policy must be reported to abuse@SoundAwesome.com


Email Policy
Mass Mailings. SoundAwesome has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of SoundAwesome whether or not the message actually originated from our network.

Mailing Lists: SoundAwesome's mass mailing rules also apply to mailing lists, list servers, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

If your actions have caused SoundAwesome mail servers or SoundAwesome IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a £250 charge to your account and £100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Violation of the above terms will result in one or all of the following:
  • A warning from via email or phone.

  • Removal of DNS for the advertised / originating site.

  • Temporary shutdown of the server or a block on outgoing mail.

  • IP address routing to null

Repeat violation of the above terms will result in the following actions:
  • Immediate disconnection of service with no re-activation.

  • £250 fee assessed to your account for violation.


Copyright Infringement
SoundAwesome datacenter infrastructures including network, leased hardware, co-location services, and other hardware located in the facility may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United Kingdom. United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of UK, US, federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating copyright law. SoundAwesome will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.


Disputed Track Policy
In circumstances where the ownership or copyright of any media item (song, video or other item) uploaded to Soundawesome comes into contention, SoundAwesome will, at its discretion, inform the alleged offender of any complaint or claim levied by the alleged offended party if that contention is brought to us. SoundAwesome will NOT become involved or embroiled in any argument and will limit itself to that courtesy. Any further discussion or dialogue between the contending parties must be carried out between themselves. SoundAwesome will NOT act as mediators in any such dispute.

Failing an immediate resolution, SoundAwesome will invoke this policy and place the media in question in a suspended state (Disputed Track - Copyright Contention). Once in a suspended state, the media cannot be displayed on any profile, attached to any playlist, be aired on the SoundAwesome FM internet radio station, sold via SAMP or posted to any other site (including, but not limited to Facebook, MySpace or Twitter) bearing a SoundAwesome banner (for example, the SoundAwesome Facebook group).

Once a track enters such a Suspended state, only a SoundAwesome Administrator can reactivate the track. Any attempt to circumvent a Suspended state (for example by re-uploading the offending article) will result in an immediate account deletion and membership ban. Reactivation of Suspended State items will only occur when the offended party indicates to us in an unambiguous manner that the dispute has been resolved.


IP Allocation
SoundAwesome administers an Internet network on which multiple Customer servers reside. Customers shall NOT use IP addresses that were not assigned to them by SoundAwesome, NOC staff or network administrators. Any server utilizing IP addresses outside of the assigned range will be suspended from network access until such time as the IP addresses overlap can be corrected. Use of an unauthorized IP address will result in a charge of £10 per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a £250 charge and termination of service until the IP allocation is resolved.


IRC Policy
IRC Servers are not allowed.


Suspension and Cancellation
SoundAwesome reserves the right to suspend service to any Customer located in our datacenter for violation of the AUP. SoundAwesome will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. SoundAwesome reserves the right to terminate service without notice for continued and repeated violations of the AUP. Continued violations of the AUP resulting in cancellation of services will also result in a fee in the amount of £250 and contract acceleration for all amounts outstanding under the contract term.


NOTE
Fees, costs and other financial arrangements are calculated in pounds sterling. Such charges, if applied to non-UK customers will be rendered in pounds sterling at the current exchange rate as determined by the National Westminster Bank plc (UK) at the time of levy.