LAST UPDATE: May 2019 1. Prohibited Conduct 1.1 System Abuses The Customer may not use the Company’s network or Services in any way that adversely affects any other clients of Company. This includes but is not limited to: a) gaining or attempting to gain unauthorized access to servers or services. Such attempts include: “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities; b) introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; c) intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses; d) engaging in any of the foregoing activities using the service of another provider but channeling such activities through a Company account or re-mailer or using a Company account as a mail drop for responses to Unsolicited Commercial E mail (“UCE“) or hosting a website that is advertised via UCE or otherwise requiring return transit through the Company’s network; e) using IP addresses which were not assigned by the Company; or f) running Internet Relay Chat (“IRC“) servers, bots or clients. 1.2 Sending Unsolicited Commercial Email or SPAM The Customer may not send SPAM or UCE over the Company’s network. This includes third party “opt-in” lists. The Company’s services must not be used to send UCE and will not host sites or information advertised in UCE. The Customer must also not host a publicly-accessible “open relay” SMTP or anonymous re-mailer service. The Customer is responsible for the actions of its users and must take all reasonable precautions to secure its applications against SPAM exploits. Moreover, any Customers processing outbound mailing lists are required to maintain an abuse@ email address for each associated domain. Messages must also adhere to the Canada Anti-Spam Law. 1.3 Posting of Illegal Content The Customer must not include content or have links to content that: a) is unlawful; b) defames or promotes injury or physical harm against any group or individual; c) promotes or teaches illegal activities; d) exploits or depicts children in any negative/sexual way; e) infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes; f) violates any law, statute, ordinance or regulation governing the Customer’s business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications. 2. AUP Monitoring The Company cannot monitor or control all the activities of the Customers. The Company exercises no control over Customer content and does not actively screen or censor the activities or content of Customers but may do so for the purpose of enforcing this AUP. The Customer, not the Company, assumes all responsibility and liability relating to its Internet activities and maintaining compliance with the AUP. 3. AUP Violations If a Customer is found, in the Company’s reasonable determination, to be in violation of this AUP, the Company will make reasonable commercial efforts to notify the Customer. During this period, Services may, at Company’s sole discretion, be terminated or suspended from the offending IP address(s) to prevent, in the Company’s reasonable judgment, further serious AUP violations such as, but not strictly limited to, child pornography, network attacks or significant volumes of SPAM. If not resolved to the Company’s reasonable satisfaction after three (3) business days then the Company may and without further notice to the Customer terminate all Services under any and all Agreements then in effect with the Customer. No refunds or fees shall be repayable to the Customer in the event of such termination or during any period of suspension and any outstanding fees will remain due.
