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TEKSAVVY ACCEPTABLE USE POLICY

 

I.          INTRODUCTION

 

TekSavvy Solutions Inc. and its various affiliates and subsidiaries (collectively “we”, “us”, “our”) are committed to being responsible network citizens. To assist us in protecting the usefulness and enjoyment of the Internet, you agree to abide by the terms of this Acceptable Use Policy (the “AUP”). Any violation of this AUP will constitute a violation of the terms of the Terms and Conditions of Service (“Terms of Service”), which may be viewed at http://www.teksavvy.com/en/legal/terms.asp in English and http://www.teksavvy.com/fr/legal/terms.asp in French and form part of your End-User Service Agreement (“Agreement”) with us, and such violation may result in the termination of such Agreement and/or suspension of your Service thereunder.

 

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE AND THIS AUP, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY TEKSAVVY THAT YOU ARE TERMINATING THE SERVICES.

 

If you have any questions about this AUP, by one of the following means:

 

•       Email: info@teksavvy.com (English or French);

 

•       Telephone: 1-877-779-1575 for English service or 1-800-368-6909 for French service;

 

•       Fax: 519-360-1716; or

 

•       By writing to: TekSavvy Solutions Inc., Attention: Customer Service, 330 Richmond Street, Suite 205, Chatham, Ontario N7M 1P7.

 

For the purposes of this AUP, "Internet host" means any computer or electronic device connected to the Internet. Terms not otherwise defined in this AUP will have the meanings set out in the Terms of Service.

 

II.        GENERAL

 

Your Service is solely for your personal use; without limitation, you may not use the Service or any equipment provided in connection with the Service for operation of an Internet service provider's business. You may also not use it for any commercial purpose, unless specifically authorized pursuant to a written agreement between us and you, and where such authorization exists, the commercial use must conform to all of the terms of any such agreement.

 

Harassing or abusive language or actions, whether verbal, written or otherwise, of our employees, suppliers, agents and representatives is strictly prohibited and will not be tolerated.

 

You are prohibited from using the Service for activities that include, but are not limited to:

• Invading another person’s privacy;
• Access or attempt to access any Internet host, computer, software or data belonging to any other person without that person’s authorization, or use any tools designed to facilitate such access, such as "packet sniffers";
• Transmitting unsolicited messages which, in our sole judgment, cause significant disruption or elicit complaints from other Internet users.
• Restricting or inhibiting any other user from using or enjoying the Internet, impairing the operations or efficiency of the Service or creating an unusually large burden on our networks.
• Exceeding any bandwidth or data storage caps or other limitations of the Service or any applicable and lawful requirement imposed by another provider of telecommunications services providing underlying high-speed, Internet or other services to us.
• Harassing users or groups in any way including but not limited to defaming, abusing, stalking, threatening or otherwise violating the legal rights of others.
• Impersonating other subscribers of ours or of other Internet service providers or any other person or entity in any way, or engaging in any other fraudulent activities, including but not limited to, forging anyone’s digital or manual signature.
• Uploading or downloading, transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to information, software, files or other material which: (i) are protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) are defamatory, obscene, child pornography or hate literature; (iii) constitute invasion of privacy, appropriation of personality, or unauthorized linking or framing; or (iv) are otherwise unlawful.
• Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file.
• Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information designed to assist users in defeating copy-protection, registration and any other anti-theft mechanisms associated with commercial or shareware programs.
• Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information (including, without limitations, guessing programs, cracking tools or network probing tools) designed to assist users in compromising the security of the Service, our network or telecommunications services.
• Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information designed to assist in the fraudulent use of telecommunications services.
• Interfering with computer networking or telecommunications systems and/or service to or from any Internet user, host, server or network, including but not limited to compromising the security of or tampering with system resources or accounts, denial of service attacks, overloading a service, improper seizure and abuse of operator privileges ("hacking") or attempting to "crash" a host, disrupting sessions of other Internet users or consuming excessive amounts of central processing unit time, memory or disk space;
• Using an Internet host's resources in a manner which is not authorized by its administrators. This includes mail relaying, transmitting chain letters, make-money-fast or pyramid style schemes of any sort.
• Posting or transmitting any information or software which contains a virus, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component.
• Unless you have purchased Services that are specifically designed and authorized to support such functionalities, operating a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums.
• Reselling any of the Services or use the Services other than for your own personal purposes. Without limiting the foregoing, you agree that you will not use the Services to provide Internet access or any other feature of the Services to any third party.
• Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability.
• Violating or breaching any applicable laws and/or regulations.

 

III.       ELECTRONIC MAIL

 

Our e-mail service, as further described in your Agreement, is for your personal use. You may not sublicense, distribute, transfer, or sell the e-mail service or any portion thereof.

 

You agree to use the e-mail service only to send and receive messages and material that are proper. In addition to the general terms set out above, and by way of example, and not as a limitation, you agree that when using the e-mail service, you will not:

• Use such service in connection with pyramid schemes, spamming or any unsolicited messages (commercial or otherwise).
• Restrict or inhibit any other user from using or enjoying such service.
• Create a false identity for the purpose of misleading others or forge the headers of your email messages in any way.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such service or other user or usage information or any portion thereof.
• Promote or facilitate the transmission of unsolicited email messages.
• Attach an excessively long signature to your messages.
• Send messages to disrupt or cause difficulties in receiving other email.

 

In the event that you maintain one or more bulk "opt-in" e-mail lists, you must have a method of confirmation of subscriptions and be able to provide such information when requested by us. At our discretion, if no such evidence is available, such bulk e-mailings may be considered as unsolicited.

 

We reserve the right, in our sole discretion, to set an upper limit on the number of recipients of customer initiated e-mail, the number of subscribers on a customer's bulk "opt-in" e-mail lists, and the number of messages a customer may send or receive through our e-mail service.

 

Neither we nor any of our suppliers, have any obligation to monitor the e-mail service. However, we and our suppliers reserve the right to review materials sent through such service, and to remove any materials in our/their sole discretion. We, in our sole discretion, may terminate your access to the e-mail service at any time, without notice.

 

We, and our suppliers, reserve the right at all times to disclose any information as we/they, in their sole discretion, deem necessary to satisfy any applicable law, regulation, legal process or governmental request. We and our suppliers further reserve the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in our/their sole discretion.

 

IV.       NEWSGROUPS / DISCUSSION FORUMS

 

In addition to the general terms set out above, while posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:

• Posting advertisements, commercial or unsolicited messages of any kind, unless expressly permitted by the charter or FAQ of the applicable newsgroup or discussion forum.
• Posting binary or excessively large files of any kind, unless expressly permitted by the charter or FAQ of the applicable newsgroup or discussion forum.
• Posting substantially identical messages to more than ten newsgroups.
• Attaching an excessively long signature to your messages.
• Forging the headers of your postings in any way.

 

Newsgroup and forum postings must comply with each newsgroup's or discussion forum's respective charter or FAQ.

 

V.        INTERNET RELAY CHAT (“IRC”)/CHAT

 

In addition to the general terms set out above, while using IRC or any other chat service, you are prohibited from conducting activities that include, but are not limited to:

• Sending messages that include advertisements or commercial content of any kind in an unsolicited matter.
• Attempting a “denial of service” attack either automated via a bot or conducted manually.

 

Additionally, while using an IRC Server or any other chat service, you must be in full compliance with the rules and regulations set out by the server administrator.

 

VI.       NETWORK / SECURITY

 

In addition to the general terms set out above, you are prohibited from using the Service for activities that include, but are not limited to:

• Sharing of your Account userid(s) and password(s) for the purpose of concurrent login sessions from the same Account.
• Causing an Internet host to become unable to effectively service requests from other hosts.
• Analyzing or penetrating an Internet host's security mechanisms.
• Forging any part of the TCP/IP packet headers in any way.
• Committing any act which may compromise the security of your Internet host in any way.

 

As further set out in your Agreement, you are solely responsible for the security of your system and Account. We will offer full co-operation with law enforcement agencies in connection with any investigation arising from a breach of this AUP.

 

In the event that numerous complaints are received by our staff in regards to any breaches of this AUP, at our discretion, a processing fee per complaint received, in addition to an administration fee, may be applied to your Account. This remedy is in addition to any other remedy that we may apply for any single or repeated complaints or while we are investigating any such complaint(s), and such additional remedies may include, without limitation, suspension or termination of the provision of the Service or any part thereof to you and/or terminating the Agreement, which may be done at any time and without prior notice to you.

 

VII.     MISCELLANEOUS

 

We may at any time and from time to time amend this AUP by posting notice of the amended AUP on our website(s) or by sending you notice via e-mail to the primary e-mail account associated with your Account, and such modification shall be effective as of the earlier of the date of posting of the modified AUP, or the date identified in the email, as applicable.

 

The AUP is governed exclusively by and construed in accordance with the laws of the province or territory in which your billing address is located, but if your billing address is outside of Canada, the AUP is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. If any provision in this AUP is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions.

 

Our failure to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right.

 

The parties have required that this Acceptable Use Policy and all related documents be drawn up in English. Les parties ont demandé que cette Politique D’utilisation Acceptable ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.