ApsisCom Acceptable Use Policy

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Introduction

By using the Internet and/or Telephone Services provided by APSIS Communications Inc. (“APSIS”), the Customer agrees to be bound by the terms and conditions of APSIS Acceptable Use Policy (“AUP”).

If the Customer does not agree to the terms and conditions of this AUP, the Customer must immediately stop using the Services and notify APSIS customer service that the Customer is terminating the Services.

APSIS' ongoing responsible management of the network, combined with adequate user practices, provides each user and Customer with prompt access to a high-speed network.

To protect the network and Customers who could be affected by another user's abuse of these privileges, APSIS has the right to terminate the Services or any person who contravenes the terms and conditions of this Acceptable Use Policy (“AUP”). All users of the APSIS Internet and Telephone Services are therefore subject to the terms and conditions of the following AUP.

Illegal Use

The Services may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, as well as material that is or may be considered obscene, defamatory or constitutes a threat.

APSIS does not assume any responsibility for material available, transmitted, stored or otherwise accessible through the Services. Using the Services for the transmission or storage of material protected by copyright or by other intellectual property rights without the consent of the relevant rights holders may be an infringement of Canadian copyright law and could give rise to criminal and civil liability. APSIS does not authorize the use of its Services in any way that is contrary to law.

Security

Each Customer is responsible for ensuring that the use of the Services complies with this AUP. The Customer is fully responsible for any misuse of the Services even if the inappropriate activity was committed by another individual such as a friend, family member, guest or employee with access to the Customer's account. It is the Customer's responsibility to ensure that no one gains unauthorized access to the Services. The Customer is solely responsible for the security of any device they choose to connect to the APSIS network, including any data stored on that device.

The Services may not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and written consent of such person and may not be used in any attempt to circumvent the user authentication or security of any host, network or account.

Prohibited activities include, but are not limited to:

• Accessing data without express authorization of the owner;
• Logging into or making use of a server or account the Customer is not expressly authorized to access;
• Probing the security of other computers/networks;
• Forging any part of the TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting;
• Facilitating a violation of this AUP;
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam;
• Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools is prohibited. The Services may not be used to collect, or attempt to collect, personal information about third parties without their knowledge or written consent;

The Services may not be used to interfere with computer networking or telecommunications services of any user, host or network, by, 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 also is prohibited. The Services may not be used to violate the rules, regulations or policies applicable to any network, server, computer database, or website that the Customer accesses or to violate another Internet service provider's acceptable use policy and/or terms of service.

Inappropriate Content

There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals, or which may not comply with all applicable laws and regulations. APSIS does not assume any responsibility for the content contained on the Internet or otherwise available through the Services. The Customer must assume the risk of accessing content through the Services, and APSIS shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Adults may want to use a program capable of restricting access to sexually explicit material on the Internet if the Services are used by children. Content questions or complaints should be addressed to the content provided.

The Customer is solely responsible for any information that the Customer publishes on the web or other Internet services. The Customer must ensure that any content that may be disseminated is appropriate for its intended recipient. APSIS reserves the right, without however having the obligation to do so, to refuse to post or to remove any information or materials, in whole or in part, that is unlawful, offensive, obscene, defamatory, or that may be considered as such, or otherwise causes unnecessary stress on the APSIS network, its services and its resources, or other users.

E-Mail/Newsgroup/Internet Relay Chat/Messenger

The Services may not be used to indiscriminately send unsolicited, unwanted, irrelevant, or inappropriate messages, especially commercial advertising in mass quantity (spam).

Other prohibited electronic mail activities include, but are not limited to:

• Posting a single message, or messages similar in content, to more than nine online forums or newsgroups;
• Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups;
• Collecting the responses from unsolicited E-mail regardless of whether or not the mail was sent via the APSIS network;
• Sending any unsolicited E-mail that could be expected, at APSIS' discretion, to provoke complaints;
• Sending E-mail with charity requests, petitions for signature, or any chain mail-related materials;
• Sending unsolicited e-mails without identifying the e-mail is a clear and easy means to be excluded from receiving additional e-mails from the originator of the E-mail;
• Continuing to send messages to anyone that has expressly requested not to receive messages from the sender;
• Sending messages which disrupt another Internet user's equipment, including software, hardware, and the user display, or hindering other users in their access to, and use of, the Services;
• Forging, altering or removing electronic mail headers;
• Spoofing, forging or using another user's identity or network address while participating in chat sessions;
• Performing any “flooding” activities. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text;
• Using automated programs, such as “bots” or “clones” when the Customer is not physically present at the device.
• APSIS reserves the right to discontinue access to any Usenet newsgroup at any time for any reason.

IP Address

Any IP address assigned by APSIS is the property of APSIS at all times. APSIS' Customers are issued dynamically assigned IP addresses that can change at any time at the discretion of APSIS without prior notice. APSIS assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP Addressing.

Bandwidth, Data Storage, and Other Limitations

Customers shall comply with the bandwidth, data storage and other limitations associated with their Service and may be amended from time to time by APSIS, at its sole discretion. APSIS may impose additional charges if the Customer exceeds the prescribed usage limits set out from time to time by APSIS for each Service.

In the case of a residential Customer, the Residential Services are provided to the Customer as a residential user, for personal, and residential purposes, and excluding business and professional uses. This means that the Customer shall not use the Services for any mercantile activities, including, without limiting the generality of the foregoing, for the operation of a home office, business, sales, telemarketing (including without limitation charitable or political solicitation or polling), or any other activity that would contravene or be inconsistent with normal residential usage patterns. Conversely, a Customer who is engaged in business activities may not use the Residential Services of APSIS for business purposes, including, without limiting the generality of the foregoing, improper downloading activities generally arising from intensive use of P2P or Usenet applications.

APSIS does not support LAN connection service, telecommuting and VPN service on High-Speed Residential and Commercial Internet Services. The connection of Internet servers at Customer residential premises to the APSIS Network is prohibited. The residential Customer may not run programs or servers which provide network service to others. Examples of prohibited programs include, but are not limited to mail, HTTP, FTP, IRC, DHCP servers, and multi-user interactive forums.

APSIS Customers may not resell, share or otherwise distribute the Services or any portion thereof to any third party without the written consent of APSIS.

Violation of AUP

Although APSIS has no obligation to monitor the Services and/or the network, APSIS reserves the right to monitor bandwidth, usage, and content from time to time to operate the Services; to identify violations of this AUP; and/or to protect the network and APSIS Customers. Any correspondence that APSIS may want to deliver to the Customer concerning bandwidth usage, violation of this AUP or protection of the APSIS network will be sent to the primary contact E-mail address attached to the Customer's account

APSIS, in its sole discretion, may, at any time and without prior notice, take any actions deemed appropriate if the Customer exceeds the bandwidth limitations set out for each Service plan, or to preserve the integrity of its network. Such actions include, but are not limited to, the imposition of additional charges, temporary or permanent removal of content, cancellation of newsgroup posts, discontinuation of access to any Usenet newsgroup, filtering of Internet transmissions, and the immediate suspension, discontinuance, limitation or termination of the Services. APSIS will not incur any liability for any such responsive actions.

APSIS reserves the right to investigate suspected violations of this AUP, including gathering information from the user or users involved and the complaining party, if any, and examining material on APSIS's servers and network.

APSIS may cooperate with law enforcement authorities in the investigation of suspected violations of any applicable laws, regulations, public AUP or order of a public authority having jurisdiction. Such cooperation may include APSIS providing the Customer's username, IP address or other information based on reasonable evidence and/or receipt of the warrant. Upon termination of the Services, APSIS is authorized to delete any files, programs, data and E-mail messages associated with the Customer's account. APSIS, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this AUP may also subject the account holder(s) to criminal or civil liability.