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Acceptable Use Policy (AUP):
The AUP applies to all customers of this Establishment:
“Customer” includes any organization, individual, company, or other entity and their agent or affiliate, to which this Establishment provides the internet services.
“Internet Services” includes any of this Establishment’s facilities, any equipment owned or provided by the Establishment’s service provider, and the service that is the subject of an agreement between the Establishment and the Customer, regardless of whether or not the user of Internet Services has a contract with the Establishment.
The following uses are prohibited under this AUP. The descriptions are guidelines and are not meant to be exhaustive.
Internet Services must not be used in creating, facilitating, or attempting, the intentional or unintentional criminal or civil violation of federal, provincial or other applicable law or regulation.
Security and Integrity Violations
Internet Services must not be used in creating, facilitating, or attempting (successfully or unsuccessfully) the violation of the security or integrity of a network, service or other systems of the Establishment or others.
This Establishment may investigate incidents involving such violations and may involve and will co-operate with law enforcement if a criminal violation is suspected.
Internet Services must not be used in sending a message (including fax and voice traffic) to any person who does not wish to receive it or with the effect of preventing fair and proportionate use of Internet Services by others, or in spamming, whether or not the quantity or quality of messages disrupts the facilities of this Establishment or others.
This Establishment reserves the right to prohibit activities that violate this AUP or may damage its reputation.
The Establishment will generally not monitor private electronic mail messages sent or received by its Customers but may conduct reasonable investigation of a Customer and its equipment (i) if required by law or (ii) upon reasonable suspicion of a violation of this AUP to determine if there has been a violation or (iii) when public safety may require it. The Establishment may at all times monitor its performance of Internet Services electronically to determine if its facilities are operating satisfactorily.
The Establishment may disclose Customer information or information transmitted by means of its facilities (i) to comply with legal requirements or (ii) where necessary to protect the Establishment and others from harm or (iii) where such disclosure is necessary to the proper operation of the Establishment’s facilities. The Establishment is not obliging itself to Customer to inform the Customer that Customer’s information has been disclosed or will be disclosed and in some cases may be prohibited by law from so informing.
The Customer acknowledges that the Establishment is unable to exercise control over the content of information passing through its facilities or carried as a result of performing Internet Services and is therefore not responsible for that content.
Violation of the AUP (direct or indirect, including a third party) entitles the Establishment to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate Internet Services, or take any other appropriate action, as determined by the Establishment at its sole discretion, in addition to any remedies provided by any agreement to provide Internet Services. The Establishment may give notice of violations but reserves the right to act without notice when necessary, as determined in its sole discretion. Nothing in this AUP is to be construed to limit the Establishment’s actions or remedies in any way with respect to any of the foregoing activities, and reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the cost of identifying offenders and disconnecting them from Internet Services, and charging to cover the Establishment’s costs in the event of disconnection of dedicated access or like situation. The Establishment may co-operate with other service providers to discourage and resist abuses of acceptable use policies. The Establishment reserves the right to take corrective action upon notification of unacceptable use on other networks. Internet Services may be used to link to other networks worldwide and you agree to conform to the acceptable use policies of these networks. You agree, through your operations, not to cause disturbances, outages or other problems which may affect the Establishment’s or any other network or network based equipment, or which may adversely affect the Establishment’s ability to provide Internet Services.
You will indemnify and hold the Establishment harmless from any claim brought by third parties relating to Customer’s use of Internet Services. You must defend and pay all damages and costs (including legal fees) arising from such claims. You must immediately notify the Establishment of any claim or potential claim, within the Customer’s knowledge, involving the Customer related to Internet Services. Failure to do so gives the Establishment the right to defend such claims at your sole cost.
To report a suspected breach of this AUP, please contact this Establishment.
REVISIONS TO AUP
The Establishment may amend this AUP according to its services agreement(s) with you. Use of Internet Services after due notification according to these services agreement(s), will constitute your acceptance of the amended AUP.