Acceptable Use and Privacy Policy
This Acceptable Use and Privacy Policy applies to all persons and entities (collectively, "customers") using the products and services of Shelcomm, Inc., ("Shelcomm") including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the Shelcomm network and the products and services Shelcomm offers to its customers. Shelcomm reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of Shelcomm's products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.
What Uses are Prohibited?
Unacceptable use for Email, SMS, MMS, and all other services includes, but are not limited to, any of the following:1. Posting, transmission, re-transmission, or storing material on or through any of Shelcomm's products or services, if in the sole judgment of Shelcomm such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
2. Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.
3. Resale of Shelcomm's products and services without the express prior written consent of Shelcomm (unless you are an authorized wholesaler).
4. Deceptive marketing practices.
5. Actions that restrict or inhibit anyone - whether a customer of Shelcomm or otherwise - in his or her use or enjoyment of Shelcomm's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
6. Introduction of malicious programs into the Shelcomm network or servers or other products and services of Shelcomm (e.g., viruses, Trojan horses, worms, ransomware, or any other malicious software).
7. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of 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. Examples of disruptions include but are not limited to port scans, flood pings, distributed denial of service attack, packet spoofing and forged routing information.
8. Executing any form of network monitoring that will intercept data not intended for the customer.
9. Circumventing user authentication or security of any host, network or account.
10. Interfering with or denying service to any user other than the customer's host (e.g., distributed denial of service attack and or any other similar method).
11. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.
12. Failing to comply with Shelcomm's procedures relating to the activities of customers on Shelcomm-owned facilities.
13. Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of Shelcomm's products or services.
14. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "Spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or Spam.
15. Harassment, whether through language, frequency, or size of messages.
16. Unauthorized use or forging of E-mail header information, SMS, or MMS.
17. Solicitations by E-mail, SMS, MMS, or any other address other than that of the poster's account or service, with the intent to harass or collect replies.
18. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
19. Use of unsolicited E-mail, SMS, or MMS originating from within the Shelcomm network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Shelcomm or connected via the Shelcomm network.
20. Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
21. The sending of A2P (machine to peer or in simple English machine to person) traffic over 10 digit U.S. P2P (peer to peer or in simple English person to person) messaging numbers.
22. Violates any Federal or State Laws including child pornography associated with the use of Shelcomm’s network and Internet bandwidth.
23. Illegal purposes including, but are not limited to using any service to violate any law, rule, or regulation; originating in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior.
No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
Abusable Resources
Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.Enforcement
Shelcomm may immediately suspend and/or terminate the customer's service for violation of any provision of this policy without verbal or written notice. Notice may be given by voice mail or E-mail. Prior to termination, Shelcomm will attempt to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, Shelcomm reserves the right to suspend or terminate on any offense.Electronic Communications Privacy Act Notice
Shelcomm makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Shelcomm technology, and makes no guarantee that any other entity or group of users will be included or excluded from Shelcomm's network. In addition, Shelcomm may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.Digital Millennium Copyright Act Notice
This Notice is subject to modification or termination at any time, whether for changes in the law or at the convenience of Shelcomm, Inc., without advance notice. Check back frequently to ensure that you see a correct, current version of the Notice.Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or its authorized agent ("Complainant") may submit a notification alleging copyright infringement to Shelcomm, Inc. if the Complainant has a good-faith belief that its works are being infringed by material subject to Shelcomm, Inc's. control. To ensure receipt, Shelcomm, Inc. strongly recommends that Complainant send the notification by overnight mail, delivery fees or postage prepaid. Shelcomm, Inc. will investigate proper notifications sent to:
Attn: Copyright Complaint
Shelcomm, Inc.
14160 Live Oak Ave. Suite C
Baldwin Park, CA. 91706
Telephone: 626-814-2354
Facsimile: 626-276-9012
Email: mike@shelcomm.com
A proper notification MUST have at least the following information, or it may be IGNORED:
(i) A physical or electronic signature of a person authorized to act on behalf of Complainant;
(ii) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Shelcomm, Inc. to locate the material;(iv) Information reasonably sufficient to permit the service provider to contact Complainant, such as an address, telephone number and, if available, an e-mail address at which Complainant may be contacted;
(v) A statement that Complainant has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Shelcomm, Inc. will investigate the subject of a proper notice. If appropriate, Shelcomm, Inc. will remove or disable access to the allegedly infringing material and notify the entity that submitted such material ("Respondent"). Respondent may then send to the Designated Copyright Agent a proper counter-notification, in which case Shelcomm, Inc. may re-post or re-enable access to the allegedly infringing material between 10 and 14 days after receipt of the counter-notification, unless Complainant first notifies Shelcomm, Inc. that Complainant has filed suit to restrain Respondent from engaging in the alleged infringement. Mark the counter-notification "Attn: Response to Complaint" on the document and on the envelope, and send to the address above. To ensure receipt, Shelcomm, Inc. strongly recommends that Respondent send the counter-notification by overnight mail.
A proper counter-notification MUST have at least the following information, or it may be IGNORED:
(i) A physical or electronic signature of a person authorized to act on behalf of Respondent;
(ii) Identification of the material that has been removed or disabled and the location at which the material appears before it was removed or access to it was disabled;
(iii) A statement, under penalty of perjury, that Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Respondent's name, address and telephone number, and a statement that Respondent consents to the jurisdiction of the Federal Court in Los Angeles, CA.