Customer Agreement and Terms of Use

Sean Casey & Associates, LLC, an Arizona Limited Liability Company, (Provider) provides Internet domain name hosting, domain registration services, web page hosting, email, majordomo list and co-location services using the domain names SCasey.com and AOK.net.  

Sean Casey & Associates, LLC also provides consulting services and web-based application development services.

If using the AOK.net domain registration service, please review and agree to the documents linked at AOK.net. Registration of a domain name with us constitutues your agreement to the terms in those documents.

Individuals and Companies (Customer) subject to the terms of this Agreement and the Acceptable Use Policy detailed herein are those that have their domain registry DNS entry set to "ns1.scasey.com" or "ns2.scasey.com" or to any other DNS server managed or controlled by Provider or who use the Email services of any such domain or whose domain name is registered through AOK.net or who have Internet content (web sites) for such domains on Provider's servers or who have their Internet servers connected to Provider's Internet connection.   The Owners, Administrative and Technical contacts of those domains and servers agree to these terms.

Server abuse

Any attempt to undermine or cause harm to a server or Customer of Provider is strictly prohibited.

Unauthorized use of other people's accounts or computers

Provider will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization.  Such attempts include, but are not limited to, "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, etc. 

Any unauthorized use of accounts or computers by a Customer, whether or not the attacked account or computer belongs to Provider, will result in action against the attacker.  Possible actions include warnings, account suspension or cancellation and civil or criminal legal action, depending on the seriousness of the attack.  

Prohibited Content

While Provider is a strong advocate of a free Internet, hate materials, racist materials, or content advocating unlawful practices are prohibited.

Utilization and Storage Limitations

Provider's Customers are privileged to be offered an unmonitored account in terms of bandwidth.  This means Provider does not pro-actively monitor bandwidth usage of our Customers.  Provider's bandwidth policy is:  Customers are entitled to use as much bandwidth as necessary as long as they (a) do not harm other Customers located on the same machine or on other machines of Provider's network and (b) comply with all other terms & conditions.  

All accounts may have a moderation throttling utility applied to their throughput.  This moderation throttling utility measures the account's usage based on averages derived from various server tasks and services such as average CPU utilization, FTP utilization, HTTP bandwidth utilization, and Email utilization.  On the basis of the meaningful average value the moderation throttling software decides if a delay of an offending account is determined to be necessary in order to assure uptime, reliability and performance for other domains on the same machine.  

Provider does set a limit on storage (disk utilization) in an amount specified in the individual agreement with each Customer.  If the storage for which the Customer has contracted is exceeded, there may be charges in addition to the monthly contracted fees.

Any Customer who violates Provider's policies will not necessarily be notified.  In rare cases, Provider may have to temporarily deactivate and/or turn off hosting accounts without prior notification and/or reason.  If the Customer takes no action to initiate reactivation of hosting account and cessation of abusive usage of service, the hosting account will be terminated permanently without refund.  

E-mail and USENET Abuse

Commercial advertisements via e-mail: Unsolicited commercial advertisements (UCE or commonly, SPAM) are not allowed and will result in account suspension or cancellation.  This applies to UCE originating on Provider's servers as well as UCE which references or links to web sites on Provider's servers.

Commercial advertisements are unwelcome in most USENET discussion groups and on most e-mail mailing lists.  Inappropriate posting may result in account suspension or cancellation.  See the newsgroup or mailing list's charter for whether advertising is allowed or not.  "Spamming," or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as a breach of this Customer Agreement.

We are pleased to be able to offer majordomo list services at AOK.net.   All lists are to be configured for "opt-in and confirm" subscription only.  AOK.net lists may not be used for bulk commercial email marketing purposes.

Security and Virus Protection

Customers are responsible for securing and protecting their own computer system(s) and network.   Provider does not offer anti-virus or virus recovery services.   Customers should contact the manufacturer of their computer(s), or a qualified provider of virus recovery services, in order to obtain assistance with this matter.

Background Running Programs

We may allow programs to run continually in the background.  These are considered on an individual basis and an extra charge will be incurred based on system resources used and operational maintenance needed, if applicable.  

IRC

Provider does not allow IRC or IRC bots to be operated on our servers.

Payment Policies

Payments for all hosting services are due and payable in advance in an amount not less than one (1) month's fees for monthly services.   We are pleased to accept advance quarterly or annual payments if that is the Customer's preference.   Annual fees are to be paid in full when due.  

Accounts that are more than 60 days in arrears are subject to suspension or cancellation without notice.

As a service to our Domain Registration Customers, we will typically renew your domain registration when required to prevent the loss of your domain name.   If automatic renewal is not desired notification must be received by Provider at support@scaseyllc.com not less than one (1) month prior to the expiration date of the current registration to avoid liability for the domain registration renewal fees.

Cancellation

Provider reserves the right to cancel service at any time for policy violations or non-payment.  In case of such cancellation, no pro-rated fees will be refunded or credited.  Each Customer is expected to use his/her account for maintaining a web site only, with responsibility and respect toward other Internet users and Provider Customers.  Any violation of policies that results in extra costs will be billed to the Customer.

Customers can cancel service any time by contacting us.  When possible, pre-paid amounts beyond the current billing period may be refunded.  In no case will the fees for services already provided be refunded.  

Sean Casey & Associates, LLC reserves the right to refuse service to anyone.  Customers may only use Provider's servers for lawful purposes.  Transmission of any material in violation of any Federal, State or Local regulation is prohibited.  This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.  

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Provider, its agents, its Customers, owners and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, it's agents, employees or assigns.  Customer agrees to defend, indemnify and hold harmless Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider's servers, or Customer's servers connected on Provider's network. ; (2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Provider's servers, or Customer's servers connected on Provider's network. 

Disputes

The place of making of this agreement is Tucson, Arizona, USA.  Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the parties hereto, their assignees, their affiliates, their attorneys, or agents, shall be litigated solely in the courts of the State of Arizona, Pima County, in Tucson, Arizona.  Any action or suit between the parties shall be brought in those courts and no other. Each party (1) submits to the jurisdiction of such court and (2) waives the defense of an inconvenient forum, and (3) to the fullest extent permitted by applicable law, irrevocably waives all right to trial by jury as to any issue relating hereto in any action, proceeding, or cournterclaim arising out of or relating to this agreement or any other matter involving the parties hereto.

Disclaimer

Provider will not be responsible for any damages Customer or Customer's business may suffer.  Provider makes no warranties of any kind, expressed or implied, for the services we provide.  Provider disclaims any warranty or merchantability or fitness for a particular purpose, including, but not limited to: Loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions whether caused by Provider or by a third party or Acts of God.  Provider reserves the right to revise its policies at any time without prior notification.

Provider is not responsible to backup or protect any data stored on Provider's servers.  Customer accepts responsibility for all data placed on servers by them or on their behalf.

The determination of violation of the provisions of this agreement rests solely with Provider.