TDCNet (2072599 Ontario Ltd.)
Acceptable Use Policy ("AUP")
TDCNet's goal is to provide high quality service to our customers while protecting their privacy and security. We have established our AUP to prevent unacceptable uses of our services and equipment and to ensure that we are able to provide the level and quality of services our customers expect.
The AUP applies to all customers of TDCNet.
"Customer" includes any organization, individual, company, or other entity and their agent or affiliate, to which TDCNet (directly or indirectly) provides services ("TDCNet Services").
"TDCNet Services" includes any TDCNet facilities, any equipment on TDCNet's side of the demarcation point or point of service, any equipment owned or provided by TDCNet, any services provided by or arranged by TDCNet and any service which is the subject of an agreement between TDCNet and the Customer, regardless of whether or not the user of TDCNet Services has a contract with TDCNet.
1. Prohibited Uses
The following uses are prohibited under this AUP. The descriptions are guidelines and are not meant to be exhaustive.
a. Illegal/Criminal Activity
TDCNet Services must not be used in creating, facilitating, or attempting, the intentional or unintentional criminal or civil violation of federal, provincial or other applicable law or regulation.
Violations include:
(i) infringing copyrights, trademarks, trade secrets, patents or other types of intellectual property
(ii) posting any content that threatens, advocates, promotes or otherwise encourages violence or which provides instruction, information or assistance in causing or carrying out such violence
(iii) transmitting offensive materials including obscene, pornographic, indecent, hateful, defamatory or otherwise objectionable material
(iv) violating personal privacy
b. Security and Integrity Violations
TDCNet Services must not be used in creating, facilitating, or attempting (successfully or unsuccessfully) the violation of the security or integrity of a network, service or other system of TDCNet or others. TDCNet may investigate incidents involving such violations and may involve and will co-operate with law enforcement if a criminal violation is suspected.
Violations include: (i) circumventing user authentication or security of any host, network or account ("cracking" or "hacking")
(ii) interfering with service to any user, host or network ("denial of service attacks")
(iii) falsifying addressing information including modifying header information of any TCP/IP packet or email or newsgroup posting for the purpose of concealing the sender's or recipient's identity or any other illegitimate purpose. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
(iv) using TDCNet Services to violate the acceptable use policies or service agreements of others
c. Spamming, etc.
TDCNet Services must not be used in sending a message (including fax and voice traffic) to any person who does not wish to receive it or with the effect of preventing fair and proportionate use of TDCNet Services by others, or in spamming, whether or not the quantity or quality of messages disrupts the facilities of TDCNet or others.
Violations include: (i) sending bulk messages (commercial advertising, unsolicited commercial messages, political tracts, announcements, etc.)
(ii) sending messages with charity requests, petitions for signature, chain mail or financial scam related requests
(iii) posting a single message, or similar messages, to large numbers of newsgroups (excessive cross-posting or multiple posting, also known as "USENET spam")
(iv) operating an unsecured email relay
(v) posting binary files to non-binary newsgroups
(vi) attempting to evade filters of spamming
(vii) violating accepted norms of the Internet community, whether or not expressly mentioned in this AUP
TDCNet's Rights
TDCNet reserves the right to prohibit activities that violate this AUP or may damage its reputation.
TDCNet will generally not monitor private electronic data sent or received by its Customers but may conduct reasonable investigation of a Customer and its equipment (i) if required by law
(ii) upon reasonable suspicion of a violation of this AUP to determine if there has been a violation
(iii) when public safety may require it.
(iv) to determine if its facilities are operating satisfactorily.
(iv) upon request of the customer (In this case, the monitoring will be limited to the electronic data to/from the customer who made the request)
TDCNet may disclose Customer information or information transmitted by means of its facilities (i) to comply with legal requirements
(ii) where necessary to protect TDCNet and others from harm
(iii) where such disclosure is necessary to the proper operation of TDCNet's facilities.
(iv) where the customer has violated terms of this agreement, customer information may be disclosed to harmed parties such that the harmed parties may take appropriate legal action.
TDCNet is not obliging itself to Customer to inform the Customer that Customer's information has been disclosed or will be disclosed and in some cases may be prohibited by law from so informing.
The Customer acknowledges that TDCNet is unable to exercise control over the content of information passing through its facilities or carried as a result of performing TDCNet Services and is therefore not responsible for that content.
Remedies
Violation of this AUP (direct or indirect, including by a third party) entitles TDCNet to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate TDCNet Services, or take any other appropriate action, as determined by TDCNet in its sole discretion, in addition to any remedies provided by any agreement to provide TDCNet Services. TDCNet may give notice of violations but TDCNet reserves the right to act without notice when necessary, as determined by TDCNet in its sole discretion. Nothing in this AUP is to be construed to limit TDCNet's actions or remedies in any way with respect to any of the foregoing activities, and TDCNet reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the cost of identifying offenders and disconnecting them from TDCNet Services, and charging to cover TDCNet's costs in the event of disconnection of dedicated access or like situation. TDCNet may co-operate with other service providers to discourage and resist abuses of acceptable use policies. TDCNet reserves the right to take corrective action upon notification to TDCNet of unacceptable use on other networks. You agree, through your operations, not to cause disturbances, outages or other problems which may affect TDCNet's or any other network or network based equipment, or which may adversely affect TDCNet's ability to provide services.
The User is responsible for, and will be required to pay all costs and fees associated with cleanup required by TDCNet should your account be used to propagate electronic mail advertisements or offensive material. Cleanup includes, but is not limited to time and materials required to have the addresses of TDCNet servers removed from Spam blocking lists, real-time blackhole lists, and other automated countermeasures that may be implemented against TDCNet as a result of the User's actions. In addition, a charge will be payable by the User to TDCNet in the amount of $50.00 for each electronic mail message that is brought to the attention of TDCNet staff and can be verified as originating from the User's connection.
Indemnification
You will indemnify and hold TDCNet harmless from any claim brought by third parties relating to Customer's use of TDCNet Services. You must defend and pay all damages and costs (including legal fees) arising from such claims. You must immediately notify TDCNet of any claim or potential claim, within the Customer's knowledge, involving the Customer related to TDCNet Services. Failure to do so gives TDCNet the right to defend such claims at your sole cost.
Incident Reporting
To report a suspected breach of this AUP, please contact abuse@tdcnet.ca.
Revisions to AUP
TDCNet may amend this AUP according to its services agreement(s) with you. Use of TDCNet Services after due notification according to those services agreement(s), will constitute your acceptance of the amended AUP.
If you have any questions regarding this AUP, please contact info@tdcnet.ca.
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