Introduction

UNISERVE Consumer, Cloud, and Business Services (for the purposes of this document referred to as “UNISERVE”) is committed to being the best possible network citizen. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Uniserve Communications Corporation and its subsidiaries. (“UNISERVE”) governing the use by the Customer (“Customer”) of UNISERVE’s Internet access and grid container services and products (collectively, “Services and Products”). The Purpose of UNISERVE’s Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all federal, provincial, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by UNISERVE. To assist us in protecting the usefulness and enjoyment of the Internet for our members and for other users, we require that you comply with the terms of this document, which outlines our policies on acceptable use of our services. UNISERVE reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at www.uniserve.com/acceptable-use/. The AUP is not an all-inclusive or exhaustive list and UNISERVE reserves the right to modify the AUPs at any time as needed. You are responsible for informing yourself of the changes to this document by consulting this web page frequently. Any violation of the AUPs may result in the suspension or termination of your account or such other action as UNISERVE deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.

When using your UNISERVE Cloud Computing, Internet access service 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 you on or through UNISERVE Cloud and Internet systems (“Services and Products”), you are prohibited from engaging in certain activities which include, but are not limited to, those described below. Such prohibited activities may, at the sole discretion of UNISERVE, be grounds for termination of any Services and Products (including your UNISERVE Cloud Computing and Internet access services), for the application of additional service charges, or for the involvement of law enforcement agencies.

Criminal Offences

While using the Services and Products, you are prohibited from 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
  • Obscenity
  • Child pornography

Civil Offences and Violations of the Rights of Others

While using the Services and Products, you are prohibited from 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 UNISERVE or any third party, including, but not limited to, the violations listed below:

  • Copyright infringement
  • Trademark infringement
  • Defamation

Other

While using the Services and Products, you are prohibited from engaging in or assisting others to engage in any activity that (1) violates established or accepted network etiquette, (2) violates applicable charters, FAQS, policies, rules or guidelines of UNISERVE or other parties, (3) disrupts or threatens the integrity, operation or security of any Services and Products or any computer or Internet system, (4) elicits complaints from other Internet users, (5) is contrary to any law or regulation, or (6) in the sole judgment of UNISERVE, is otherwise objectionable, (6) involves use of UNISERVE’s trade-marks, trade names or logos, including without limitation any such trade-marks, logos or service marks displayed on any web site(s) operated by UNISERVE, without UNISERVE’s express prior written permission; (7) involves sharing, reselling, reproducing, copying, distributing, redistributing, or exploiting for any commercial purposes, any portion of, use of or access to, the UNISERVE Internet Services, except where expressly authorized by UNISERVE. Examples of such prohibited activity include, but are not limited to:

  • Posting, uploading, reproducing, distributing or otherwise transmitting unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters, or other “spam”
  • Engaging in threats, harassment, intimidation, stalking or abuse of others
  • Scanning another computer system
  • Probing another computer system
  • Obstructing or bypassing computer identification procedures
  • Engaging in unauthorized computer or network trespass
  • Exporting equipment, software, or data outside of Canada or the U.S. in contravention of applicable export control legislation

Each Customer must use reasonable care in keeping software they run on UNISERVE’s servers up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your account may result in a security compromise by outside sources. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due to breached server security. The Customer is solely responsible for any breaches of security under Customer control affecting servers. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer’s server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as Emergency Security Breach Recovery and is currently charged at $300 CAD per hour.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. UNISERVE investigates all incidents involving such violations and will cooperate with law enforcement if criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

  • Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).
  • Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
  • Executing any form of network activity that will intercept data not intended for the Customer’s server.
  • Circumventing user authentication or security of any host, network or account.
  • Interfering with or denying service to any user other than the Customer’s host (example: denial of service attack or distributed denial of service attack).
  • Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
  • Failing to comply with the Company’s procedure relating to the activities of Customers on the Company’s premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as Emergency Security Breach Recovery and is currently charged at $300 CAD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
  • 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 right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
  • Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through UNISERVE’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on UNISERVE servers is prohibited. UNISERVE accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate either this Policy or that of the other provider.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by UNISERVE customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any UNISERVE.-hosted domain, or referencing any UNISERVE account, is prohibited.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
  • Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
  • Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  • Accessing or attempting to access your account or other UNISERVE services after you (or Company) has cancelled Customer’s account.
  • Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any UNISERVE customers or end-users by any means or device, including the use of ‘sudo’ or other privileged operating system commands.
  • Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the UNISERVE network or on another provider’s network.
  • Using UNISERVE Services to interfere with the use of the UNISERVE network by other customers or authorized users.