Acceptable Use Policy

Last Updated: May 2008

Technology Platforms provides accounts to many clients across Canada. We have a responsibility to protect these clients and to provide the best service available. The following guidelines were designed to insure that all clients receive quality service. We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.

To meet the changing needs of our Users, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site(s) periodically.

If you feel you have discovered a violation of any area of our AUP, please report it to: abuse[at]techplatforms.com

General Information

As used herein, the term “User” or “Users” shall include any and all users, Customers, subscribers, affiliates (including without limitations Customers or non-Customers to whom Technology Platforms provides links or banners to promote the services or products of Technology Platforms or any third party the services or products of which are offered by or obtained through or in connection with Technology Platforms), resellers or others (i) who sign up for, use or obtain services or products from Technology Platforms or from any third party services or products of which are offered by or obtained through or in connection with Technology Platforms, or (ii) who visit the Web site of Technology Platforms or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, Technology Platforms offers Users the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Technology Platforms respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Technology Platforms reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Technology Platforms has developed this Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each User’s respective service agreement and is intended as a guide to the User’s rights and obligations when utilizing Technology Platforms’ services. This AUP will be revised from time to time. A User’s use of Technology Platforms’ services after changes to the AUP are posted on Technology Platforms’ Web site, under the Terms of Service section, will constitute the User’s acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Users or others obtain information through the Internet, they must keep in mind that Technology Platforms cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Technology Platforms cannot monitor or censor the Internet, and will not attempt to do so, Technology Platforms cannot and does not accept any responsibility for injury to its Users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Users or others disseminate information through the Internet, they also must keep in mind that Technology Platforms does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Users or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Technology Platforms’ network and may reach a large number of people, including both Users and subscribers and non-subscribers of Technology Platforms, Users’ postings to the Internet may affect others and may harm Technology Platforms’ goodwill, business reputation, and operations. For these reasons, Users violate Technology Platforms policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.

Scope

This Acceptable Use Policy (“AUP”) governs the usage of Technology Platforms’ products and services (“Services”). This Policy is incorporated by reference into each contract Technology Platforms enters into with a customer (“Customer”) for the use of such Services. Technology Platforms may modify this Policy at any time without notice. In addition, this Policy is incorporated by reference into the Terms of Services applicable to Technology Platforms’ Web site so that no person who utilizes Technology Platforms’ Web site (regardless of whether that person is a Customer) may take any action utilizing Technology Platforms’ Web site that a Customer would be prohibited to take utilizing the Services. USE OF SERVICES shall constitute your approval of this policy.

Purpose

The purpose of this Policy is to enhance the quality of the Services and to protect Technology Platforms’ customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from Technology Platforms (each such person being a “User”).

Prohibited Uses

Users may not Utilize the Services:

  1. to send mass unsolicited e-mail to third parties
  2. in connection with any illegal activity
  3. Without limiting the general application of this rule, Users may not Utilize the Services:
    1. to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
    2. to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
    3. to participate in unauthorized distribution or copying of copyrighted software;
    4. to violate Canadian export restrictions;
    5. to harass or defraud;
    6. to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; or
    7. to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
      in any manner that violates applicable law.
  4. in connection with any tortuous or actionable activity:Without limiting the general application of this rule, Users may not Utilize the Services:
    1. to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person;
    2. to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law;
  5. in connection with any other disruptive or abusive activity:Without limiting the general application of this rule, Users may not Utilize the Services:
    1. to cause denial of service attacks against Technology Platforms or other network hosts or Internet users or to otherwise degrade or impair the operation of Technology Platforms’ servers and facilities or the servers and facilities of other network hosts or Internet users;
    2. to Post content, scripts or software programs (including chat programs) that consume excessive CPU time, Memory or storage space;
    3. to Post content that consumes excessive Network or Bandwidth usage including but not limited to streaming audio/video and file download services;
    4. to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User’s own account;
    5. to resell access to CGI scripts installed on Technology Platforms’ servers;
    6. to subvert, or assist others in subverting, the security or integrity of any Technology Platforms systems, facilities or equipment;
    7. to gain unauthorized access to the computer networks of Technology Platforms or any other person;
    8. to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
    9. to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity to attempt to deceive or mislead other persons regarding the true identity of the User;
    10. to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
    11. to conduct port scans or other invasive procedures against any server;
    12. to distribute, advertise or promote software, e-mail address lists or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
    13. in any manner that might subject Technology Platforms to unfavorable regulatory action, subject Technology Platforms to any liability for any reason, or adversely affect Technology Platforms’ public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Technology Platforms in its sole discretion; or
    14. in any other manner to interrupt or interfere with the Internet usage of other persons.

 

Violations

  1. Disclaimer: Technology Platforms expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Technology Platforms has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
  2. Remedies: If Technology Platforms learns of a violation of this Policy, Technology Platforms will respond to the applicable Customer and may, in Technology Platforms’ sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
    1. Warning the Customer;
    2. Suspending the offending Customer from the Services;
    3. Terminating the offending Customer from the Services;
    4. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
    5. Removing the offending content; and
    6. Taking other action in accordance with this Policy, the applicable service contract or applicable law.
  3. Complaints about violators of our policies should be referred to abuse[at]techplatforms.com. Each complaint will be investigated immediately.
  4. Reservation of Rights: Technology Platforms reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Technology Platforms’ Services, Customers and other Users. Technology Platforms reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.

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