This Schedule comprises the Acceptable Use Policy (AUP) as modified from time to time and posted in lieu of individual Notice here. The CLIENT is responsible for all use of the Services by itself, its employees, agents, contractors, invitees and clients, whether such use is with or without the consent of CLIENT. The CLIENT agrees to use the Services only for lawful purposes, in compliance with all applicable law. Specific activities that are prohibited include, but are not limited to:

  • Threatening harm to persons or property or otherwise harassing behaviour.
  • Violating Canadian export control laws for software or technical information.
  • Misrepresenting or fraudulently representing products/services using CLIENT’s account.
  • Transmission, distribution or storage of any material in violation of any applicable law or regulation.
  • Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
  • Facilitating, aiding, or encouraging any of the above activities, whether using the PROVIDER’s network or Service by itself or via a third party’s network or service.
  • Interference with a third party’s use of the PROVIDER’s network or Service, or ability to connect to the Internet or provide Services to Internet users.

Prohibited Actions

PROVIDER prohibits use of the Service in any ways that are unlawful, interfere with use of PROVIDER’s network or the Internet, infringe intellectual property rights, result in the publication using the Services of threatening or offensive material, constitute Spam/E-mail/Usenet abuse, or present security or privacy risks.

Email

Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. CLIENT will not use another site’s mail server to relay mail without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way refers to a location inside the PROVIDER network.

System and Network Security

CLIENT is prohibited from utilizing Services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.

Specific activities that are prohibited include, but are not limited to:

  • Use or distribution of tools designed for compromising security.
  • 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.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • Deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP–IP packet header or any part of the header information in an email or a newsgroup posting.
  • Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Violation

The PROVIDER, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this AUP could also subject CLIENT to criminal or civil liability. If the PROVIDER believes, at its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to CLIENT’s Equipment, and the suspension or termination of CLIENT’s Services under any applicable agreement in addition to the recovery of any and all costs incurred with restoration of all services to former service levels. The PROVIDER may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.