Last Updated: 09.07.2005
This Acceptable Use Policy (AUP) has been established in the spirit of providing guidelines for our valued customers, and clarifying their rights and responsibilities as users of our services and the Internet.
Sevence, LLC, d/b/a SpaBoom (“SpaBoom,” “Company,” “we,” “our,” or “us”) is a provider of easy-to-use e-commerce solutions for the Spa and Salon Industry. As a responsible Company, we have certain legal, ethical and operational obligations in order to completely fulfill your needs as our customer (hereinafter “Customer”, “you” or “your”) for exceptional and reliable service, and to meet the challenge of supporting the Internet as a diverse forum for free and open discussion and the dissemination of information.
We aim to clearly outline those activities that are harmful to the efficiency of our services and which, according to our discretion, compromise our systems and/or business. Our goal includes preventing those activities that are either harmful or disruptive to the Internet activities of others. We also proscribe all activities that fall outside the boundaries of acceptable Internet use. We reserve the right to take preventative or corrective action, at our discretion, in response to anything we deem harmful or in violation of this AUP.
The use of our services by our Customers constitutes an acceptance of the terms of this AUP and our Terms of Service. This AUP may be revised in the future, in order to better meet the needs of the changing Internet environment, the legal landscape in the United States and internationally, and our Customers. Your continued use of our services constitutes an acceptance of any new terms and conditions, and we attempt to, but are not required to, inform you of changes prior to implementing them. We strongly encourage you to review this AUP periodically.
The following activities are deemed a violation of this AUP:
- Illegal Activities – Engaging in activities that are determined to be illegal in the United States.
- Pornography and Explicit Material – Posting or using sexually explicit material on our servers, whether legal or illegal.
- Spamming – Sending, assisting, or commissioning the transmission of unsolicited commercial email unless it conforms to the requirements of federal law under the CAN-SPAM Act. We reserve the right to take action against spamming complaints, even if the allegations meet CAN-SPAM requirements, if the allegation threatens our ability to transmit and receive email on behalf of our Customers.
- Forging Email Headers – The transmission of email that hides or falsifies the identity of the sender.
- Fraud – Negligently, recklessly or knowingly making false or misleading statements; including but not limited to obtaining money, credit card payments or personal identifying information through false pretenses.
- Harassment – The act or intention of intimidating, threatening or otherwise harassing others. Harassment can result from the language used, or the frequency or size of the messages.
- Prohibited Communications – Transmitting defamatory, harassing, abusive or threatening language or anything that a reasonable person would regard as hate speech or literature. This includes language or other expression that significantly prejudices, creates a hostile bias, or grossly defames a group, and applies to any speech category unprotected by freedom of speech and expression.
- Facilitating a Violation of this AUP – Advertising, transmitting, or otherwise making available any software, program, product, service or information that is designed to violate, or assist in the violation of this AUP.
- Intellectual Property Violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including but not limited to copyrights, trademarks, service marks, trade secrets, software and patents held by other individuals, corporations or entities. Common instances leading to intellectual property violations involve the unauthorized use of pictures and using another’s trademarks without their permission to promote competing goods or services.
- The Digital Millennium Copyright Act (DMCA) Procedures – When we receive proper notice that your website infringes the copyrights of another, we have a legal obligation, per Title 17 United States Code, Section 512, to “respondexpeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.” Our Copyright Agent is:
Copyright Agent, DMCA Notice
J. Seth Gardenswartz, Esq.
Sevence, LLC, d/b/a SpaBoom
P.O. Box 35160
Albuquerque, NM 87176
- Trademark Infringement – Any use of a trademark, service mark, trade dress or other identifying mark, word, phrase, color, picture or layout that could lead to a likelihood of confusion between you and the legitimate holder of a valid trade or service mark.
- SpaBoom Copyrighted or Licensed Material – The use of the images, photos, content or marks found on this website or the name “Sevence,” “SpaBoom,” or “BoomTime” without the prior written consent of SpaBoom. Any photos or images provided by SpaBoom for your website are only available for that use, and may not be used for other purposes. Prohibited uses included, but are not limited to, use on brochures, marketing materials, and advertisements.
- Unauthorized Reselling – Selling a third-party’s product or service, not your own, that you are not permitted to sell either outright or over the Internet. Common instances of this occur for products you may be authorized to sell within a retail location, but are not authorized to sell on the Internet, or sell on the Internet for a price below the manufacturer’s suggested retail price (MSRP).
- Violating Security – Releasing your SpaBoom username and/or password to third-parties, not immediately removing ex-employees from your account, selling and/or releasing customer private identifying information, or in any other way violating the letter or spirit of our Privacy Statement.
- Violating US Export Laws – Customers are required to comply with U.S. Export Control Laws regardless of where they may reside. Customers may not export items prohibited by the Department of Commerce Commodity Control List.
- Other Harmful Activities or Information – Any activity or information, whether lawful or unlawful, that we deem harmful, offensive, controversial, infamous or other to either the Company, its customers, or third-parties, such that we reasonably believe our customers, operations, reputation, goodwill or general customer relations could potentially be negatively impacted.
REMEDIES AND ACTION
Responsibility of avoiding the above harmful and/or unlawful activities rests solely on our Customer. We do not, and will not, monitor or investigate the website content or communications of our customers.
When we become aware of a violation of our AUP, we will respond in the manner we deem appropriate and according to our sole discretion. The type of action taken will depend in part on the legal risk and requirements, extent of the violation, as well as perceived breadth and severity of the harm to us or others.
We may take any action to stop the harmful activity, including but not limited to, removing or blocking access to material, shutting down a web site, blocking offending transmissions, requiring a monetary deposit as assurance against future behavior (i.e. “security deposit”), deleting the account such that all information is permanently and irretrievably removed from our servers, potentially without your knowledge or notice, or any other action we consider appropriate.
No credits or refunds will be issued for down time incurred or services paid for in advance if the account is suspended (i.e. “deactivated”) or deleted due to what we perceive is a violation of this AUP, whether or not it is later proven that an actual AUP violation occurred.