KERAUNO ACCEPTABLE USE POLICY
This Acceptable Use Policy applies to all persons and entities (collectively, “customers”) using or accessing Kerauno’s products, services, network, portals, servers, websites, and applications, including internet service (“Platform”). The policy is designed to protect the security, integrity, reliability, and privacy of both the Platform Kerauno offers to its customers. Kerauno reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your access or use of Kerauno’s Platform constitutes your acceptance of the Acceptable Use Policy in effect at the time of your access or use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Platform, and you agree not to engage in any unacceptable use of the Platform.
WHAT USES ARE PROHIBITED?
Unacceptable use includes, but is not limited to, any of the following:
Posting, transmission, re-transmission, or storing material on or through the Platform if in the sole judgment of Kerauno 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.
Installation or distribution of “pirated” or other software products that are not appropriately licensed for use by customer.
Resale of Kerauno’s products and services without the express prior written consent of Kerauno (unless you are an authorized wholesaler or partner).
Deceptive marketing practices.
Actions that restrict or inhibit anyone – whether a customer of Kerauno or otherwise – in his or her use or enjoyment of Kerauno’s Platform, 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.
Introduction of malicious programs into any aspect of Kerauno Platform (e.g., viruses, trojan horses and worms).
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, packet spoofing and forged routing information.
Executing any form of network monitoring that will intercept data not intended for the customer.
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 (e.g., denial of service attack), or attempting to do so.
Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
Failing to comply with Kerauno’s procedures relating to the activities of customers on on the Platform or Kerauno-owned facilities.
Furnishing false or incorrect data on any order form or other 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 Kerauno’s Platform.
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.
Harassment, whether through language, frequency, or size of messages.
Unauthorized use or forging of mail header information.
Solicitations of mail or any other E-mail address other than that of the poster’s account or service, with the intent to harass or collect replies.
Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
Use of unsolicited E-mail originating from within the Kerauno Platform of other Internet Service Providers on behalf of or to advertise any service hosted by Kerauno or connected via the Kerauno Platform.
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.
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.
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.
Kerauno may immediately suspend and/or terminate the customer’s service for violation of any provision of this policy. Notice will be provided by phone, voicemail, E-mail, memo, or a written liability notification. Prior to suspension or termination, Kerauno attempts to work with customers to cure violations of this policy and ensure that there is no re-occurrence; however, Kerauno reserves the right to suspend or terminate based on a first offense. Additionally, Kerauno reserves the right to charge any customer involved in a AUP (Acceptable Use Policy) violation for any expenses incurred as a result of the breach. This includes but is not limited to: bandwidth utilization overage charges, phone usage charges, server – router – switch damages, network gear damages, legal fees and litigation expenses, etc.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE
Kerauno makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon the Kerauno Platform and makes no guarantee that any other entity or group of users will be included or excluded from Kerauno’s Platform. In addition, Kerauno may periodically monitor or record transmissions over its Platform for maintenance, service quality assurance, product improvement ideation, or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
If you are unsure of whether any contemplated use or action is permitted, please contact Kerauno Customer Care at or 317-489-5544 ext. 3.
Your privacy is important to us. It is Kerauno’s policy to respect your privacy regarding any information we may collect from you across our website, www.keraunouc.com, and other sites we own and operate.
1. INFORMATION WE COLLECT
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may also collect data about the device you’re using to access our website or other aspects of the Platform. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
We may ask for personal information, such as your:
Business data refers to data that accumulates over the normal course of operation on our Platform. This may include transaction records, stored files, user profiles, analytics data and other metrics, as well as other types of information, created or generated, as users interact with our Platform.
2. LEGAL BASES FOR PROCESSING
We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so.
These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:
it’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us);
it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market, promote, and improve our services, and to protect our legal rights and interests;
you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or
we need to process your data to comply with a legal obligation.
Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).
We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.
3. COLLECTION AND USE OF INFORMATION
We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:
to provide you with our Platform’s core features;
to process any transactional or ongoing payments;
to enable you to access and use our Platform and associated social media platforms;
to contact and communicate with you;
for internal record keeping and administrative purposes;
for analytics, market research and business development, including to operate and improve our Platform and associated social media platforms;
to run competitions and/or offer additional benefits to you;
for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
to comply with our legal obligations and resolve any disputes that we may have; and
to consider your employment application.
4. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
We may disclose personal information to:
third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
our employees, contractors and/or related entities;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you; and
third parties to collect and process data.
5. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
The personal information we collect is stored and processed where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.
6. YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.
Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Notification of data breaches: We will comply laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take, if any, to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
8. BUSINESS TRANSFERS
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.
9. LIMITS OF OUR POLICY
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
10. CHANGES TO THIS POLICY