All Customers of Kesem Technology ("Kesem") are responsible for reviewing and complying with this Acceptable Use Policy ("AUP"). Customers who provide services to their own clients must affirmatively and contractually pass the restrictions of this AUP to their users and ensure compliance by their users with this AUP.
This Policy is subject to change with notice by publication on the KESEM website. The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of the AUP on the KESEM website. Customers are responsible for monitoring this website for changes.
The following activities are expressly prohibited, and KESEM expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but not limited to, filtering, suspending, or terminating accounts, end-users, or Customers that engage in abuse or refuse to address user abuse.
You may not use KESEM network or Services in any manner to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
- Use of an internet account or computer without the owner’s authorization;
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;
- Collecting or using information, including email addresses, screen names or other identifiers, by deceit;
- Use of any false, misleading, or deceptive information in an email or forum posting;
- Distributing software that covertly gathers or transmits information about a user;
- Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is eKesemly removable by use of standard tools for such purpose included on major operating systems;
- Any conduct that is likely to result in retaliation against the KESEM network or website, or KESEM’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack;
- Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
- Interference with service to any user of the KESEM or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Any action which directly or indirectly results in any of our IP space being listed on any abuse database;
- Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; or
- Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to KESEM.
Customers shall use KESEM Services in accordance with all applicable local, state and federal laws, including but not limited to, obscenity laws. Customers shall not use KESEM services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, nor shall the customer’s use of the KESEM Services impinge upon the use of KESEM systems by other customers.
You may not publish, transmit or store on or via the Services any content or links to any content that KESEM reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
- Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is defamatory or violates a person’s privacy; or
- Is otherwise malicious, fraudulent, morally repugnant.
KESEM will cooperate with law enforcement in cases where KESEM Services or devices are being used for any suspected illegal activity. If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.
We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.
Sending unsolicited commercial electronic mail messages is explicitly prohibited. KESEM will not hesitate to take steps, which may include immediate suspension of service. This includes unintended sending of unsolicited commercial electronic mail messages due to unsecured devices including, but not limited to: open email relay, proxy, and other possible exploits.
In addition, you must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. Your bulk or commercial email must meet the following requirements:
- You must have the means to track anonymous complaints; and
- You must not obscure the source of your e-mail in any manner.
- You must post an email address for complaints (such as email@example.com) in a conspicuous place on any website associated with the email, and you must promptly respond to messages sent to that address;
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, and you can produce the evidence of such consent within 72 hours of receipt of a request by the recipient or KESEM;
- You must use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You must include the recipient’s e-mail address in the body of the message or in the "TO" line of the e-mail.
- You must honor revocations of consent and notify recipients of the same;
These policies apply to messages sent using the Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, you may not use a third-party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.
You may not attempt to probe, scan, penetrate or test the vulnerability of a KESEM system or network, or to breach the KESEM security or authentication measures, whether by passive or intrusive techniques. Additionally, you may not perform such testing of your own Hosted System without KESEM’s prior written consent.
You must comply with the rules and conventions for postings to any blog forum in which you participate. You must comply with the rules of any other network you access or participate in using your KESEM Services.
You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information, including the following:
- You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
- You may not store or cache copyrighted material on any device owned or operated by KESEM without permission of the holder or within allowances prescribed by the Digital Millennium Copyright Act (DMCA);
- You may not use the Services to publish content intended to assist others in defeating technical copyright protections; and
- You may not display another person’s trademark without permission.
- In addition, you may not use the Services to publish another person’s trade secrets, or to publish information in violation of a duty of confidentiality. It is KESEM’s policy to terminate the services of customers who are repeat infringers in appropriate circumstances.
- Any properly submitted notice for takedown by the copyright holder or agent for the copyright holder to remove materials from a KESEM owned or managed device will be promptly honored. KESEM will honor the protection offered to the customer as prescribed by the DMCA. For materials stored on non-KESEM owned and managed devices, KESEM will forward any Notice of Takedown to the end user.
If necessary, KESEM will respond to recognized subpoenas and provide end user information as ordered by the appropriate courts.
You may not use any shared system provided by KESEM in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use of the Cloud. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
Reselling of any services provided by KESEM is explicitly prohibited without expressed consent of KESEM.
If you breach the AUP we may suspend or terminate your Services in accordance with the Agreement. We may intercept or block any content or traffic belonging to you or to users where Services are being used unlawfully or not in accordance with this AUP.
Failure to comply with this AUP may result responding to law enforcement requests or any other action deemed necessary by KESEM in order to protect its network, customer relationships, and commitment to the highest possible quality of service.
In the event that KESEM determines that Customer has violated or will violate any of these policies, KESEM may take such action as deemed to be appropriate under the circumstances as known to KESEM at the time such action was taken to eliminate or preclude such violation. KESEM shall not be liable for any damages of any nature suffered by any Customer, Client, or third party resulting in whole or in part from its exercise of its rights under these policies. The Customer is responsible for any charges resulting from the violation of these policies including but not limited to charges resulting from the compromise of any Customer secure password.
You are responsible for violations of this AUP by anyone using your Services with your permission or on an unauthorized Kesems as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.
You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Service applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.
KESEM customers shall report to KESEM any information customers may have concerning instances in which the conditions set forth herein have been or are being violated. When KESEM becomes aware of any possible violations, KESEM will initiate an investigation. To report violations of AUP, send any and all documentation supporting the complaint to firstname.lastname@example.org
This Policy describes the types of information we may collect from you or that you may provide to us and outlines our practices for collecting, processing, storing, protecting, and using that information.
This Policy applies to personal information and other information collected by KESEM TECHNOLOGY or its service providers from or about: (i) visitors to, or users of, KESEM TECHNOLOGY Website; (ii) prospective and current customers using KESEM TECHNOLOGY hosting and information technology services ("Services"), including, but not limited to, communication, data center and cloud-based data storage, business and consumer continuity services, IT management, and technology consulting services, as described in the Service Agreements; (iii) users of any software that it offers; (iv) service providers and business partners; (v) job applicants; (vi) employees; and (vii) other third-parties that it interacts with.
KESEM TECHNOLOGY will collect Customer Data, as defined in KESEM TECHNOLOGY Service Agreements, which may include personal data, only to the extent and in such a manner as is necessary to provide the Services under the Agreement or as otherwise instructed by Customer.
By providing your personal information to KESEM TECHNOLOGY, as described in this Policy, you:
- Agree that you are authorized to provide that information;
- Are accepting this Policy.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, please do not interact with our services or disclose any information on the KESEM TECHNOLOGY Website. This Policy may change at any time. Your continued use of Aertight’s Website and our services is deemed to be acceptance of the Policy changes, so please check the policy periodically for updates.
KESEM TECHNOLOGY may collect personal and non-personal information from you. "Personal Information" means any information that can reasonably identify you, including an opinion from which you are reasonably identifiable. It may also include information that identifies a legal entity, such as company name. We may also collect non-personal information that is related to you but that does not personally identify you. Non-personal Information also includes information that could personally identify you in its original form, but that has been modified in order to remove or hide any Personal Information.
- Information you provide to us or our service providers. You may provide Personal Information when you: (i) access KESEM TECHNOLOGY Website; (ii) request, purchase, and use the Services; (iii) create and access KESEM TECHNOLOGY Portal and manage your KESEM TECHNOLOGY account; (iv) use software provided by KESEM TECHNOLOGY; (v) communicate with KESEM TECHNOLOGY via phone calls, text, chat, email, web forms, social media, and other methods of communication; (vi) contact Service support; (vii) subscribe to KESEM TECHNOLOGY marketing material; (viii) apply for a job; (ix) or provide services to KESEM TECHNOLOGY.
- Information we collect via Mobile device communication. When you access our KESEM TECHNOLOGY website through your mobile device, we may receive information about your mobile device, including a unique identifier for your device.
- Information we receive from other sources. We work closely with third parties, including business partners, service providers, sub-contractors, marketing agencies, analytics providers, search information providers, credit reference agencies, fraud protection services, and resellers, and may receive information about you from them.
- Information we receive from Social Media Platforms. We may receive certain information that is stored or processed by third parties, such as the social media sites when you interact with us through the social media platforms. Each social media platform may have a privacy statement that specifically governs its use of social media features.
- Public Forums and Blogs. KESEM TECHNOLOGY Website may feature blogs or public forums. Any Personal Information that you choose to submit via such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages.
- Co-branding. KESEM TECHNOLOGY Services may be offered in conjunction with another company. If you use such Service, both KESEM TECHNOLOGY and the other company may receive the Personal Information collected via that co-branded Service. The company whose privacy statement is displayed on a co-branded website will be responsible for Personal Information collected on such a website.
- Third-party Vendors.KESEM TECHNOLOGY may engage the services of third-party vendors that in the process of providing services to KESEM TECHNOLOGY Customers, may need to collect Personal Information about you, including name, email address, and online activity.
- Your Contact Information, including full name, company name, job title, telephone numbers, fax numbers, mailing addresses, email addresses, or other addresses at which you receive communications from or on behalf of KESEM TECHNOLOGY ("Contact Information"). If you are purchKesem Technologyng or using Services, KESEM TECHNOLOGY requires that you provide your contact information ("Required Contact Information").
- Transactional Information, including information about the Services you use, and how you interact with us and the Services, such as email, phone, or KESEM TECHNOLOGY Portal.
- Financial Information, including billing information, such as billing name and address, and a credit card number, including card security number and credit card date of expiration.
- Other Optional Information, including you company information that may help us tailor our Services to your needs, if agreed between our Customers and KESEM TECHNOLOGY.
- Information Collected by Automated Means, including information that KESEM TECHNOLOGY collects through cookies and other similar tools. This information may include browser type and browser language information, your Internet Protocol ("IP") address, and your activities on KESEM TECHNOLOGY Website, such as what web pages are viewed, number of visits, access time, the links clicked, device ID or other unique identifier, domain name, screen views, language information, device name and model, and operating system type, the URL of the site from which you came and the site to which you are going when you leave KESEM TECHNOLOGY Website, your computer operating system, and mobile device operating system, if you are accessing KESEM TECHNOLOGY Website using a mobile device. The collected information may also include use of Service features and functionality of the Services. KESEM TECHNOLOGY does not monitor or view the specific data stored by our Customers using our Services, but KESEM TECHNOLOGY needs to track the various parameters of transferred data, such as file size and format, in order to support bandwidth monitoring and storage usage features. This collected information is treated as Non-Personal Information and in accordance with the Service Agreements.
- Sensitive Information: KESEM TECHNOLOGY will not intentionally collect or maintain, or ask to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.
- To contact you. We use your Contact Information to communicate with you about the Services you use, to send you announcements about the Services; or notify you of promotional activities.
- For marketing purposes. We use your Contact Information to recommend products and services that might be of interest to you and to send you marketing materials. You may opt-out from receiving such communications. Your decision to opt-out from our marketing communications will not affect your ability to continue receiving the Services from us.
- To provide the Services to you. KESEM TECHNOLOGY needs the Required Contact Information, Transactional Information, and Financial Information in order to process order requests and payments for our Services; provide the Services to you; provide access to secure areas of our website; create and maintain your account, and control access to it.
- To measure interest in KESEM TECHNOLOGY Website. KESEM TECHNOLOGY needs Information Collected via Automated Means to: measure interest in our website; develop our web pages and marketing plans; customize and improve the content you view when you visit KESEM TECHNOLOGY Website; and enable us to review, develop, and improve the Services we provide. Collecting this information is not essential and will not affect your ability to continue receiving the Services from us.
- To enable third parties to provide services to us. We may need to provide your Required Contact Information to third parties so that they may carry out technical, accounting, logistical or other functions on our behalf. We may engage third-parties to provide us with KESEM TECHNOLOGY website usage and browsing reports and analytics.
- To protect our business. We use information we collect to prevent or detect fraud or abuses of the KESEM TECHNOLOGY Website and Services, and to identify and protect our business from fraudulent transactions.
- To manage our everyday business needs. We may use information we collect to administer and manage our business; train our employees; help promote compliance with our terms of service or any other agreements between us; allow you to apply for a job; carry out research and development; carry out other purposes that are disclosed to you and to which you consent; or to comply with the law.
- Other Uses. If you purchase our Services online, we will use the information you provide during the Portal account set-up and configuration. Information you submit through online Portal or email is archived and may be connected to information that we collect about your web visits. Your phone call for technical support or other services may be recorded for training purposes and we may enter information you provide via telephone, or other means of communication, into our systems and use it for the purposes described in this section.
In an effort to avoid sending unnecessary messages to our customers and to comply with applicable email marketing laws and regulations, we compare our list of prospects and customers to those email lists that we receive from other companies.
Except for the limited circumstances described in this Policy or your applicable Service agreement, the Personal Information we gather is for internal use only and we will not authorize the release of this information to anyone outside of KESEM TECHNOLOGY, other than to our authorized service providers or upon disclosure consent. In circumstances where we need to share your Personal Information to third parties, as described in this Policy, we will only share it to the extent reasonably necessary. We may also share your Personal Information, as required or permitted by law.
- Disclosure to our Service Providers and Third-Party Business Partners: We may disclose, to the extent it is necessary to provide services, Personal Information to third party service providers and partners. We require that our third-party service providers and business partners agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements we have in place with them. These third-party service providers and business partners are expected to maintain privacy and security protections that are consistent with KESEM TECHNOLOGY Privacy and Information Security Policies. Any information that you choose to provide to these third parties independently is subject to their respective privacy policies and practices.
- Disclosure to Others: Should you breach any of our Service terms and conditions or if KESEM TECHNOLOGY is under a duty to disclose or share your Personal Information in order to comply with any legal or compliance obligation, we may disclose your information to a relevant authority. We may need to release the information we collect to third parties when we believe it is appropriate to comply with the law, to enforce our legal rights, to protect the rights, safety or property of our business and others, or to assist with industry efforts to control fraud, spam or other undesirable conduct and as needed to support auditing, compliance, and corporate governance functions. We may also provide information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets, or stock.
- Disclosure Upon Consent: We may also disclose your Personal Information and other information upon your consent.
- Other: We may disclose anonymous information that does not identify any individual or company without restriction for data report purposes.
- Communication Preferences and Opt-outs. You may manage your communication preferences via KESEM TECHNOLOGY Portal or by contacting us. You may also opt-out from receiving communication from us. In accordance with industry standards and applicable laws, we reserve the right to retain your Personal Information for a reasonable amount of time so we can ensure that we do not contact you in the future.
- Access, Correction, and Deletion. If you would like to know what Personal Information we hold about you, you may submit a request to us. We will supply Personal Information about you and that we hold in our own files within the reasonable timeframes stipulated by law. Please note that some requests may be subject to a reasonable fee. If you would like us to delete your Personal Information from our records then please contact us by using the details below and we will respond within a reasonable time. Please note that we may be required to retain certain information by law and/or for own legitimate business purposes.
To protect your privacy, we will require you to prove your identity before granting access to, or agreeing to update, correct or delete your Personal Information and we will only implement requests with respect to Personal Information about you (not anyone else).
- Choosing not to provide us with certain information. You can choose not to provide certain information when using KESEM TECHNOLOGY Website or Services but this may prevent you from being able to take full advantage of the functions available online and it may prevent us from being able to provide you with Services.
- The Security Measures Taken. We are committed to industry best practice when it comes to preventing loss, misuse, alteration, unauthorized access, or unlawful or unnecessary processing of the information we collect, as described in this Policy, including, but not limited to, make use of encryption technology as appropriate; use appropriate network access control technology to limit access to the systems where data is stored; monitor for possible vulnerabilities and attacks.
KESEM TECHNOLOGY cannot guarantee that the technical, physical and organizational measures we take will prevent every security threat nor can we guarantee that the information we collect from you will not be improperly accessed, used, altered or destroyed. We will notify you if we discover there has been a material breach of security, which resulted in an unauthorized disclosure of your Personal Information.
- The Steps Customers Should Take. To help maintain the security of information you provide to KESEM TECHNOLOGY or store on KESEM TECHNOLOGY hosted systems, Customers are expected to take reasonable steps, including, but not limited to: keeping your passwords private; ensuring unauthorized persons do not have access to your account information or passwords; promptly notifying us of any potential unauthorized use; implementing appropriate security measures for the data you store on the KESEM TECHNOLOGY hosted system; and understanding that some information shared through forums and social media may be public.
Personal Information KESEM TECHNOLOGY collects is relevant for the purposes for which it is to be used. KESEM TECHNOLOGY takes reasonable steps to help ensure that data is reliable for its intended use, accurate, complete, and current. We will retain your information for as long as needed to provide you the Services or as long as needed to fulfil the purpose for which Personal Information was originally collected.
As noted in section 5 above, you have the rights to access, correct and request the deletion of your own Personal Information in accordance with applicable law. You are also entitled to oppose to certain data processing practices or to revoke consent previously granted, to the extent permitted by the law. In order to exercise such rights please contact KESEM TECHNOLOGY at: email@example.com
If you wish to cancel your account or request that we no longer provide you the Services, please contact us at: firstname.lastname@example.org In response, we will cancel or remove your information but may retain and use copies of your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
KESEM TECHNOLOGY website and the Services are not designed for or directed at individuals under the age of thirteen (13) or minors otherwise defined in local law or regulation. We will not intentionally collect or maintain information about these individuals. If you believe that we may have collected Personal Information from someone under the age of 13 or from a minor as may be otherwise defined in your country, please let us know using the methods described in the "Inquiries and Complaints" section of this Policy. We will then take appropriate measures to investigate and, if appropriate, delete that information.
KESEM TECHNOLOGY utilizes a self-assessment approach or outside compliance review to assure its compliance with this Policy and periodically verifies that the Policy is accurate, comprehensive, prominently displayed, completely implemented, and in conformity with the privacy principals or other applicable laws and regulations.
Our customers use the Service to host, transmit or process data on our hosted systems, which may include your Personal Information ("Customer Data"). In these situations, it is our customers rather than us who decide the reasons for which the Customer Data is collected and otherwise processed. KESEM TECHNOLOGY will not review, share, distribute, nor reference any such Customer
Data except as provided in the Service agreement that we have in place with the customer, or as may be required by law. Nothing contained in this Policy shall be construed to alter specific terms and conditions applicable to the Services. Our customers remain responsible for Personal Information that they collect and process and for compliance with applicable data protection laws.
Our customers are responsible for maintaining the security and confidentiality of their accounts and access to the hosted systems, and encrypting any Personal Information they store on or transmit to/from our hosted system. For details of how the Customer Data will be used and protected, and details of how to access or correct it, amend or delete inaccuracies please refer to the privacy statement of the relevant KESEM TECHNOLOGY customer to which you submitted your Personal Information. If requested to remove your personal data, we will inform our customer within a reasonable timeframe.
KESEM TECHNOLOGY provides its services under the direction of its customers, and has no direct relationship with the individuals whose personal data our customers process. If you are a client of one of our customers and would no longer like to be contacted by one of our customers that use our service, please contact the customer that you interact with directly.
We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our customers.
This Policy only addresses the use and disclosure of Personal Information collected by KESEM TECHNOLOGY offline or via KESEM TECHNOLOGY Website, or the Services. In the course of our interactions with you, we may provide you with links to third-party websites for your convenience and information, including software providers. The privacy practices of those sites may differ from our own practices and are not controlled by us nor covered by this Policy. We do not make any representations about third-party websites. We encourage you to review their privacy policies before submitting your personal data.
If you have a question or complaint about this Policy or our information collection practices, please contact us at:
email@example.com. We will investigate the matter and are committed to resolve any privacy concerns that you may have.
Our business changes constantly and our Policy may also change from time to time. You should check the KESEM TECHNOLOGY Website frequently to see recent changes and latest revisions. We encourage you to periodically review this Policy to stay informed about how we collect, use and share information provided to us by our Customers.
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