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Acceptable Use Policy

HighSpeed Systems Corporation and its affiliates (“HIGHSPEED SYSTEMS”) is committed to being the best possible network citizen. To assist us in protecting the usefulness and enjoyment of the Internet for our Customers and for other users, we require that our Customers comply with the terms of this document, which outlines our policies on acceptable use of our services.

When using HIGHSPEED SYSTEMS Internet access services, hosting services, internetworking services, or any chat rooms, message boards, news groups, software libraries, personal web pages or any other message or communication services that may be available to the Customer on or through HIGHSPEED SYSTEMS Internet systems (collectively, the “Communication Services”), the Customer is prohibited from engaging in certain activities which include, but are not limited to, those described in this Acceptable Use Policy.

For the purposes of this Acceptable Use Policy, a “Customer” is an individual or organization that has a service agreement or contract with HIGHSPEED SYSTEMS for use of the Communication Services, or otherwise uses the Communication Services.

If the Customer engages in any of the prohibited activities described on these pages it may, at the sole discretion of HIGHSPEED SYSTEMS and without notice to the Customer, result in the immediate (1) restriction, suspension or termination of the Customer’s use of the Communication Services (including without limitation the Customer’s HIGHSPEED SYSTEMS Internet access or hosting service), without compensation to the Customer, (2) blocking or filtering of the Customer’s content, data or materials, (3) application of complaint processing fees, disconnection fees and additional service charges to the Customer’s account, (4) deletion of the Customer’s content, data or materials from HIGHSPEED SYSTEMS servers, or (5) involvement of law enforcement agencies. Such activities may also result in civil or criminal liability. The foregoing applies notwithstanding any language or term to the contrary contained in any agreement that the Customer may have with HIGHSPEED SYSTEMS.

The Customer is responsible for use of the Communication Services by any third party who directly or indirectly utilizes the Communication Services provided by HIGHSPEED SYSTEMS to the Customer, whether or not such use has been authorized by the Customer.

Criminal Offences
While using the Communication Services, the Customer is prohibited from, in HIGHSPEED SYSTEMS’ sole judgment, posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity constitutes a criminal offence or from otherwise engaging in or assisting others to engage in any criminal offence including, but not limited to, those offences listed below:

  • Communicating hatred
  • Pyramid selling
  • Unauthorized use of a computer
  • Mischief in relation to data
  • Fraud
  • Defamatory libel
  • Obscenity
  • Child pornography
  • Harassment/stalking
  • Uttering threats

Civil Offences and Violations of the Rights of Others
While using the Communication Services, the Customer is prohibited from, in HIGHSPEED SYSTEMS’ sole judgment, posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity gives rise to civil liability or from otherwise violating the rights or assisting others to violate the rights of HIGHSPEED SYSTEMS or any third party, including, but not limited to, the violations listed below:

  • Copyright infringement
  • Trade-mark infringement
  • Patent infringement
  • Misappropriation of trade secrets
  • Defamation

Other Prohibited Activities
While using the Communication Services, the Customer is prohibited from engaging in or assisting others to engage in any activity that, in HIGHSPEED SYSTEMS’ sole judgment, (1) violates applicable policies, rules or guidelines of HIGHSPEED SYSTEMS or other on-line service providers, (2) disrupts or threatens the integrity, operation or security of any Communication Service or any computer or Internet system, (3) elicits complaints from other Internet users or Internet service providers, (4) is contrary to any law or regulation, or (5) is otherwise objectionable. Examples of such prohibited activity include, but are not limited to:

  • Scanning or probing another computer system
  • Obstructing or bypassing computer identification or security procedures
  • Engaging in unauthorized computer or network trespass
  • Maintaining a relay service open to the general public
  • Engaging in denial of service attacks
  • Posting, uploading, reproducing, distributing or otherwise transmitting any data, information or software that constitutes a virus, trojan horse, worm or other harmful or disruptive component
  • Exporting equipment, software, or data outside of Canada or the U.S. in contravention of applicable export control legislation
  • Falsifying address information, modifying message headers to conceal the Customer’s identity or impersonating others, for the purpose of circumventing this Acceptable Use Policy
  • Posting, uploading, reproducing, distributing, otherwise transmitting, or collecting responses from unauthorized or unsolicited duplicative e-mail messages, junk or bulk e-mail messages, chain letters, newsgroup postings or other “spam” (HIGHSPEED SYSTEMS reserves the right to determine, in its sole discretion, whether a message constitutes “spam”)
  • Engaging in any conduct that directly or indirectly encourages, facilitates, promotes, relies upon or permits the foregoing prohibited activities including, without limitation, failing to implement reasonable technical or administrative measures to prevent spam, viruses and worms

Cooperation with Other Providers
HIGHSPEED SYSTEMS may cooperate with other on-line service providers to discourage and resist abuses of acceptable use policies. HIGHSPEED SYSTEMS reserves the right to take corrective action against the Customer upon notification to HIGHSPEED SYSTEMS of unacceptable activities by the Customer on other networks. The Customer is prohibited from using the services of another provider to engage in or facilitate any activity that violates this Acceptable Use Policy.

Indemnification
The Customer will indemnify and hold harmless HIGHSPEED SYSTEMS from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against HIGHSPEED SYSTEMS, which result from or relate to violation by the Customer of this Acceptable Use Policy. The Customer shall give HIGHSPEED SYSTEMS prompt notice of any such demand, claim or proceeding that the customer is aware of.

Reservation of Rights and HIGHSPEED SYSTEMS Liability
Nothing in this Acceptable Use Policy shall be interpreted to limit HIGHSPEED SYSTEMS’ rights or remedies in any way with respect to any of the foregoing activities (including, without limitation, HIGHSPEED SYSTEMS’ rights or remedies under any agreement between HIGHSPEED SYSTEMS and the Customer) and HIGHSPEED SYSTEMS reserves all rights and remedies available to it with respect to such activities at law or in equity. HIGHSPEED SYSTEMS does not assume liability to the Customer or any other party for failure to enforce the terms of this Acceptable Use Policy.

Modifications
The terms of this Acceptable Use Policy may change at any time and without prior notice. The Customer is responsible for frequently reviewing this Acceptable Use Policy posted on HIGHSPEED SYSTEMS’ web site to obtain timely notice of any such changes.