NetSpectrum’s Internet Acceptable Use Policy (“AUP”) is designed to encourage fair and responsible use of all Internet resources, and discourage activities that degrade the usability of network services and infrastructure. It is designed to protect the security and privacy of the customer and the end users, and maintain the image and reputation of NetSpectrum as a responsive and responsible Internet Service Provider. All users of the Internet systems and services provided by NetSpectrum (“Services”), whether a customer of NetSpectrum (“Customer”), Customer’s end users (“End Users”) or visitors on Customer’s or End User’s networks (“Visitors”) must comply with this AUP.
NetSpectrum supports the free flow of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, NetSpectrum does not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, NetSpectrum may remove any materials that, in NetSpectrum’s sole discretion, may be illegal, may subject NetSpectrum to liability, or which may violate this AUP. NetSpectrum may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either Services and/or Customer’s NetSpectrum account.
This AUP defines the actions that NetSpectrum considers to be abusive and contrary to the spirit of the Internet. Such activities are to be considered strictly prohibited. If you are unsure whether any considered use or action is permitted, please call NetSpectrum Customer Care (1-800-461-6379).
All users of the Services are prohibited from engaging in the following conduct:
(Illegal use - using the Services to transmit any material (by email, uploading, downloading, posting, or otherwise) that, intentionally or unintentionally would constitute a criminal offence or give rise to civil liability, or would otherwise violate any applicable local, provincial, federal or international law, or any rules or regulations promulgated the reunder;
a) Harm to minors - using the Services to harm, or attempt to harm, minors in any way;
b) Threats - using the Services to transmit any material (by email, uploading, downloading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property;
c) Harassment - using the Services to transmit any material (by email, uploading, downloading, posting, or otherwise) that harasses another;
d) Fraudulent activity - using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” and “chain letters”;
e) Forgery or impersonation - adding, removing or modifying identifying network header information in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information;
f) Unsolicited commercial email/Unsolicited bulk email - using the Services to transmit any unsolicited commercial email or unsolicited bulk email, or any other activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, as well as using the Services to transmit non-authorized email relayed through any third party system;
g) Unauthorized access - using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of NetSpectrum’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
h) Copyright or trademark infringement - using the Services to transmit any material (by email, uploading, downloading, posting, or otherwise) or otherwise reproduce, distribute or provide access to information, software and other material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
i) Collection of personal data - using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent;
j) Reselling the services - reselling the Services without NetSpectrum’s authorization pursuant to a Master Wholesale Services Agreement or otherwise;
k) Network disruptions and unfriendly activity - using the Services for any activity which adversely affects the ability of other people or systems to use NetSpectrum’s Services or the Internet, including “denial of service” (DoS) attacks against another network host or individual user, interference with or disruption of other network users, network services or network equipment;
l) Account sharing – engaging in account sharing, including, without limitation, permitting third parties to use your Service account and password; or
m) Harmful messages – using the Services to post or transmit any information or software which contains a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component.
CODE OF CONDUCT AND DISCLAIMERS
Customers that contract with NetSpectrum’s Web hosting services are responsible for the content and accuracy of their web sites. Customers are responsible for obtaining all required legal permissions for the use of such content. Customers are responsible for the publication of any defamatory, pornographic, confidential, secret or proprietary material posted on their web-site. NetSpectrum reserves the right to refuse to post or remove any material, in whole or in part, that violates this AUP from any NetSpectrum server without notice. Customers are expected to check any CGI or other programming scripts used in their web pages for potential ‘buffer-overrun’ security risks. Customers are responsible for any loss of information or down time as a result of not checking for these types of security risks.
Customer acknowledges that some content, products or services available with or through the Services (“Content”) may be offensive or may not comply with applicable laws. Customer understands that neither NetSpectrum nor any of its affiliates attempt to censor or monitor any Content. Customer also acknowledges that neither NetSpectrum nor any of its affiliates have any obligation to monitor Customer’s use of the Service and, except as provided herein, have no control over such use. The Customer understands, however, that such Content may be subject to “caching” at intermediate locations on the Internet when being accessed through the Service. Customer assumes total responsibility and risk for access to or use of Content and Customer’s use of the Service and the Internet. NetSpectrum and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to Customer’s access to or use of Content.
NetSpectrum considers the above practices to constitute abuse of the Service. NetSpectrum may take any one or more of the following actions in response to a violation to this AUP:
NetSpectrum reserves at all times all rights and remedies available to it with respect to any activities that violate this AUP at law or at equity.
REVISIONS TO THIS ACCEPTABLE USE POLICY
NetSpectrum reserves the right to revise, amend, or modify this AUP, and NetSpectrum’s other applicable policies, if any, at any time and in any manner. Notice of any revision, amendment, or modification will be posted at http://www.NetSpectrum.ca