When using the services (the “Services“), equipment, facilities or networks of FlexNetworks Inc. or its affiliated companies (“FlexNetworks”, “us”, “we”, “our” or the “Supplier”) and any products, content, applications or services in conjunction with the Services or equipment, you (sometimes referred to as the “Customer”) must comply with all applicable laws, and our policies, rules and limits including this Acceptable Use Policy (the “AUP”). This AUP supplements and is incorporated into the FlexNetworks Terms of Service (the “Terms”) and any Service Agreement entered into between you and FlexNetworks (the “Services Agreement”), which accompanies this AUP. It is also available at www.FlexNetworks.ca/terms. Unless otherwise defined in this AUP, defined terms have the meanings given to them in the Terms and/or the Service Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND THIS AUP, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY FlexNetworks THAT YOU ARE TERMINATING THE SERVICES.
We reserve the right to amend this AUP at any time and such amendments will be published on the website noted above or otherwise electronically transmitted to you before such amendments become effective. You are responsible for regularly reviewing this website to obtain timely notice of such amendments.
Terms used and not defined herein shall have the meanings given thereto elsewhere in a Service Agreement and the Terms. Unless otherwise expressly defined in a Service Agreement or the Terms, words having well known technical or trade meanings within the telecommunications industry shall be so construed.
For purposes of this AUP, “content” refers to all forms of communications including, without limitation, text, graphics (including photographs, illustrations, images, drawings, logos), executable programs, audiovisual recordings, and audio recordings.
“User-Generated Content Services” or “UGC Services” refers to any services that allow an end user to post, upload or generate content online to be shared with a limited or unlimited number of recipients and may include, without limitation: newsgroups, online forums, message boards, chat programs, wiki’s, photo sharing services, customer review sites, video sharing services, blogs and web hosting.
You acknowledge and accept that some content, products and services available with or through the Services may be offensive or may not comply with applicable laws. Further, you acknowledge and accept that neither the Supplier nor its suppliers attempt to censor or monitor any content. You acknowledge and agree that neither the Supplier nor its suppliers have any obligation to monitor the Customer’s use of the Services and have no control over such use. You assume total responsibility and risk for access to and use of Content and for use of the Services. The
Supplier and its suppliers assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of content by the Customer.
We do, however, reserve the right to move, remove or refuse to post any content, in whole or in part, that we, in our sole discretion, decide are unacceptable, undesirable or in violation of the Terms or this AUP. This includes, without limitation, any content or statements that constitute unacceptable use of Services as otherwise set out below.
User-Generated Content Services
Any User-Generated Content Services accessed through the Services must be used in accordance with the following:
(i) you must comply with this AUP and the UGC Service’s written charter, policies or FAQs, including adherence to daily volume, file, size and format restrictions, and you may only post advertisements, solicitations, or other commercial messages in the UGC Service if that service’s charter, policies or FAQs explicitly permit them;
(ii) we have no obligation to monitor the content of any UGC Service and we are not liable for any claims, losses, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses arising out of or relating to the content of any such service;
(iii) you must not use the UGC Service to perform “flooding”, which refers to deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text or other content;
(iv) any computer or other device connected through the Services may not maintain more than two simultaneous chat connections including, without limitation, the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the account holder is not physically present at the device;
(v) you must not use the Services to send messages that disrupt another user’s equipment, software, hardware or user display; and
(vi) you must not forge, alter or obscure your identity (other than using a nickname) while participating in the UGC Service.
Unacceptable Use of Services
You shall not and shall not allow anyone to:
(i) use the Services to invade another person’s privacy or collect or store personal data about others; 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, contractual 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 or to participate in any illegal soliciting or gaming scheme;
(viii) use the Services for anything other than your own personal purposes (such as reselling the Services, providing Internet access or any other feature of the Services to any third party) or share or transfer your Services without our express consent, sell, resell or make, directly or indirectly howsoever, any of the products or services received from the Supplier available to any third party, use, reproduce, distribute, sell, resell or otherwise exploit the Services or content we provide or which you obtain through the Services for any commercial purposes. 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 (including forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Services), participate in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature. You assume all risks regarding the determination of whether material is in the public domain;
(xiii) access the Internet via the Services using Internet Protocol (IP) addresses other than the IP address(es) assigned to you by us
(xiv) 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;
(xv) use another site’s mail server to relay mail; operate a server in connection with the Services, including, without limitation, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;
(xvi) 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”);
(xvii) 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;
(xviii) 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;
(xix) copy, distribute, sub-license or otherwise make available any software or content we provide or make available to you or which you obtain through the Services, except as authorized by us;
(xx) alter, reproduce, or tamper with the Services or any function, component or identifier of your Equipment, such as the Electronic Serial Number (ESN) or the International Mobile Equipment Identity (IMEI) that is not meant to be altered, reproduced or tampered with;
(xxi) port scan a person’s computer or wireless device without that person’s consent, or use any tools designed to facilitate these scans; or
(xxii) 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.
Violation of this AUP
We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than voice Services) or the Equipment; and to access or preserve content or information in accordance with the Terms. We prefer to advise subscribers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way that we, in our sole discretion, believe violates this AUP, we may take any responsive actions we deem appropriate. Such actions may include, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate suspension or termination of all or any portion of the Services or your account. We will have no liability for any such responsive actions. The above–described actions are not exclusive remedies and we may take any other legal or technical action deemed appropriate. Upon termination of an account, we are authorized to delete any files, programs, data and e-mail messages associated with such account. The failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This AUP shall be exclusively governed by, and construed in accordance with the governing law provision set out in the Terms.
As noted above, you are responsible for any misuse of the Services, by you or by any other person with access to the Services through your Equipment or your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services through any means, including, without limitation, wireless networking and wired networking. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. You agree to treat as confidential all access codes, personal identification numbers and/or other passwords that we may provide to you for use with the Services.
The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s equipment, software or data, without the knowledge and consent of such person. Additionally, the Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software that contains a virus or other harmful feature is also prohibited.
As noted above, the Services may not be used to send unsolicited, bulk or commercial messages or for any other unsolicited communications. This includes, without limitation, using automatic dialing and announcing devices to or otherwise make unsolicited voice or facsimile calls and bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages.
Such communications may only be directed to those who have explicitly requested it. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited e-mail messages sent from accounts on other Internet hosts or e-mail services that violate this AUP or the acceptable use policy of any other Internet service provider. Additionally, unsolicited e-mail messages may not direct the recipient to any web site or other resource that uses the Services. Forging, altering or removing e-mail headers is prohibited. “Mail bombing” is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. FlexNetworks is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily, at our sole discretion.
We reserve the right to manage our networks (or third–party networks for which we have roaming or network sharing agreements) in order to optimize their efficiency for the benefit of our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, and protocol filtering. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers.
Usage, Data Storage and Other Limitations
You must comply with the then current usage, data storage and other limitations on your applicable Services. You must also ensure that your activity does not improperly restrict, inhibit, or degrade any other subscriber’s use of the Services, nor represent (in our sole judgment) an unusually large burden on our networks or third–party networks for which we have roaming or network sharing agreements. In addition, you must ensure that your activity does not improperly restrict, inhibit, disrupt, degrade or impede our ability to deliver the Services, and monitor and investigate the Services, backbone, network nodes, and/or other network services or components. You may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without our prior written consent. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed. The Services are consumer products designed for personal purposes. For example, the Services do not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the Services. You may not provide network services to others via the Services. In addition, you are prohibited from running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums. Your use of the Services may be subject to a usage limit, as set out in your Agreement. If you exceed that limit, you may be subject to additional usage charges.