PART I – GENERAL
A NSA (a “Service Agreement”) provides for the provision by the Supplier to the Customer of those telecommunication and related services identified in the NSA (“the Services”). A MSA and MWSA each provides a framework for the Supplier and the Customer entering into agreements (each also a “Service Agreement”) for the provision by the Supplier to the Customer of those telecommunication and related services identified in Service Agreements (also “the Services”). A MSA, a MWSA and a NSA are each a “Source Agreement” for the purposes hereof.
This Acceptable Use Policy and any Service Description, Terms and Conditions, Policies and other provisions expressly incorporated by a Source Agreement or a Service Agreement collectively constitute the “Terms and Conditions” applicable to the provision of the Services identified in such Service Agreement. A Service Agreement includes all Terms and Conditions applicable thereto and includes the Source Agreement.
Additional Definitions
PART II – USE OF SERVICES Compliance Required
Use of Content
Unacceptable Use of Services
(i) use the Services to invade another person’s privacy; appropriate another’s personality; unlawfully promote or incite hatred; unlawfully use, possess, post, transmit or disseminate obscene, profane, hate, terrorist or child pornographic material;
(ii) post, transmit, distribute, disseminate, upload or download Content which is unlawful, threatening, harassing, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order, rule or regulation;
(iii) use the Services to access any computer systems, software, data or any confidential, copyright protected or patent protected material or personal information of any other person without the knowledge and consent of such person, make unauthorized attempts to gain access to any account or computer resource not belonging to the Customer (engage in “hacking”, “spoofing”, “phishing”, “carding” or “pharming”) or otherwise gain unauthorized access to, alter or destroy any information of another person by any means or device;
(iv) use the Services to upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material which is confidential, protected by copyright or other intellectual, property or proprietary right, or related derivative works, without obtaining permission of the copyright owner or right holder;
(v) disrupt the Supplier’s network, or the nodes or services thereof, or, directly or indirectly, use the Services to restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the use of the products or services of the Supplier or the Internet, including, without limitation, knowingly posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, cancelbot, Trojan horse or other harmful, debilitating or disruptive feature or engage in unauthorized linking or framing (“denial of service attack”);
(vi) send unsolicited e-mail (engage in “spamming”), send large quantities of unwanted or unsolicited e-mail messages (engage in “mail bombing”) or VoIP messages (engage in “voicecasting”), attempt to overload a system (engage in “flooding”), participate in broadcast attacks, interfere howsoever with service to or by any user, host or network, engage in counterfeit, subterfuge or malicious activities (including “splogging”), make inappropriate postings to news groups, send false commercial messages or engage in any other abuse of e-mail or news group servers or otherwise interfere howsoever with the provision by the Supplier of any of its services to any other of its customers;
(vii) obtain or attempt to obtain products or services from the Supplier or anyone else by any means or device with intent to avoid payment therefor;
(viii) unless permitted by the Service Agreement, sell, resell or make, directly or indirectly howsoever, any of the products or services received from the Supplier available to any third party. The Customer shall not permit any third party to gain access to the termination equipment of the Supplier. The Customer shall not permit any third party to gain access to the termination equipment of the Customer for the purpose of obtaining access to the Supplier’s network for the purpose of obtaining any of the products or services of the Supplier, whether directly or indirectly;
(ix) engage in any activities that deny, disrupt or misdirect service to or use of service by any customer or end-user of the Supplier;
(x) engage in account sharing, including, without limiting the generality of the foregoing, permitting third parties to use your service account or password;
(xi) use the Services for simultaneous sessions using the same User ID or password;
(xii) forge any part of an IP packet header;
(xiii) violate any system or network security measures including engaging in unauthorized access or use of the Supplier’s or a third party’s network, data or information;
(xiv) use another site’s mail server to relay mail;
(xv) use, intend or attempt to use or allow the use of any of the Services to appropriate the identity of anyone (engage in “identity theft”);
(xvi) use, intend or attempt to use, or allow the use of the Services contrary to any municipal, provincial, federal or international law, order, rule or regulation ;
(xvii) use any of the Services contrary to the decisions, orders, policies or other requirements of the Canadian Radio-television and Telecommunication Commission or of any other regulatory body with jurisdiction over the Services, the Supplier or the Customer; and
(xviii) engage in any activity which the Supplier advises the Customer is, in the sole and unfettered discretion of the Supplier, similar to any of the foregoing or is reasonably and generally regarded in the industry to be an unacceptable use of telecommunications services or is otherwise unacceptable use of the Services.
Suspension and Termination of Services
Land Acknowledgment copy goes here with Link