ACCEPTABLE USE POLICY
UrbanFibre Communications Inc., its partners or associated companies (“UrbanFibre”) requires that each of its customers accept and agree to UrbanFibre’s Terms of Service. The Terms of Service constitute a legal agreement between the customer and UrbanFibre. In the Terms of Service each customer agrees, amongst other things, to be bound by the terms and conditions of this Acceptable Use Policy (“AUP”). This AUP also binds all users of and visitors to UrbanFibre’s services and Web sites. By the act of using UrbanFibre’s services or visiting its Web sites, all such users and visitors agree to be bound by this AUP (Customers, users, and visitors are referred to herein collectively as “Customers”).
This AUP is subject to change without notice, and it is Customer’s responsibility to regularly check for modifications.
UrbanFibre requires that all Customers behave with respect for others. Each Customer is responsible for preventing violations of this AUP by third parties accessing UrbanFibre’s services through Customer’s computers or accounts, including without limitation hackers and Customer’s own users.
Customer Legal Compliance
Certain communication practices, including without limitation, the placing of unsolicited calls; the placing of commercial messages; the sending of unsolicited facsimile, internet facsimile, SMS, or other messages; and the use of certain automated telephone equipment to place certain calls are regulated in Canada by the Canadian Radio-Television and Telecommunications Commission (“CRTC”) pursuant to An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities (also known as “CASL”).
You represent and warrant that all use and usage of your Services will at all times comply with all applicable laws, including but not limited to the rules, policies and regulation of the CRTC, and all laws relating to Do-Not-Call provisions; unsolicited marketing; telemarketing; faxing; telemarketing; email marketing; spamming or phishing; data security or privacy; international communications; account or debt collection; recording of calls or conversations; export control; export of technical or personal data; end user, end-use, and destination restrictions imposed by Canada or foreign governments; consumer protection; pornography; trade practices; false advertising; unfair competition; anti-discrimination; harassment; defamation; intellectual property; or securities.
RECORDING CONVERSATIONS OR CALLS
Certain features of the Services may allow you or your users to record calls or other communications. The notification and consent requirements relating to the recording of calls, and other communications may vary from province to province, state to state, and country to country. You should consult with a lawyer prior to recording any call as some states or provinces or countries may require callers or users to obtain the prior consent of all parties to a recorded call, or other communication before the caller or user may record the call, or other communication. You represent, covenant, and warrant that you will review all applicable laws before you use or allow use of the Services to record any calls or other communications and will at all times comply with all applicable laws. You agree to inform all users of your account that they are obligated to comply with all laws relating to their use of the call recording feature. Violations of the call recording Laws may be subject to criminal or civil penalties.
UrbanFibre expressly disclaims all liability with respect to your recording of telephone conversations. You agree to indemnify and hold harmless UrbanFibre, and any third-party providers from any and all third party claims, losses, damages, fines, or penalties arising out of your violation or alleged violation of any call recording laws. UrbanFibre expressly disclaims all liability and all warranties with respect to recording of conversations and calls.
Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted motion pictures and certain programming and UrbanFibre shall not be liable, nor is UrbanFibre granting you any rights in that regard whatsoever.
The following activities are expressly prohibited:
- Anonymous FTP or any distribution of user-authenticated FTP intended to resemble anonymous FTP;
- Unauthorized access to any computer or system, including intrusion into or scanning of other UrbanFibre’s accounts;
- Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libellous, obscene, or harassing;
- Child pornography or any other activity harmful to minors;
- Violations of privacy rights;
- Intellectual property infringement, including violations of copyright, trademark, or patent rights, or use or distribution of pirated software;
- Use of third party software without a proper license or other appropriate permission;
- Network attacks or any unfriendly effort to interfere with service on another network or server;
- Virus distribution or distribution of any worm or other harmful code;
- Hacking or perpetration of any security breach;
- The use of HTTP server resources for any activity other than allowing users to load the UrbanFibre Java FTP client; and
- Illegal activities of any kind;
UrbanFibre allows hosting of adult content that is legal under Canadian law, provided that it does not meet any of the excluded criteria listed above and provided that it does not otherwise violate any of UrbanFibre’s policies.
INVESTIGATIONS, DISRUPTIONS, & SECURITY
Urban reserves the right to:
1. Disable service or terminate service and to remove content in order to investigate suspected violations of this AUP or of the Terms of Service without notice. The cost of any investigation will be charged to the Customer at $100 per hour, in addition to charges for legal fees and related expenses; and
2. Disable Customer’s service if UrbanFibre suspects that such service is the target of an attack or in any way interferes with services provided to other customers, even if Customer is not at fault.
UrbanFibre does not issue refunds for terminating service due to any of the causes specified above.
Customer is responsible for the use of its service, including transfer and bandwidth, and use by unauthorized users or hackers. Customer is responsible for maintaining security by using reasonable methods of password assignment, and for maintaining all original data files and backups. Customer is advised to maintain backups on its own premises and to never maintain the sole copy of any file on the FTP server.
Reporting AUP Violations UrbanFibre requests that anyone with information about a violation of this AUP, or of UrbanFibre’s Terms of Service, report it by sending an e-mail to email@example.com.
MONITORING & DISCLAIMERS
UrbanFibre has no obligation to monitor its services but may do so and may disclose information regarding use of the services for any reason, including to satisfy laws, regulations, or governmental, legal, or law enforcement requests; to operate such service properly; or to protect itself and its customers. UrbanFibre may grant law enforcement agencies access to its equipment to monitor use of its services.
URBANFIBRE NETWORKS’ SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. URBANFIBRE NETWORKS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. URBANFIBRE NETWORKS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY URBANFIBRE NETWORKS OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.
URBANFIBRE NETWORKS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF URBANFIBRE NETWORKS WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. URBANFIBRE NETWORKS’ MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
URBANFIBRE NETWORKS WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM:
(a) OTHER URBANFIBRE NETWORKS CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER’S DATA OR ASSIGNED COMPUTERS;
(b) SECURITY BREACHES;
(d) DENIAL OF SERVICE ATTACKS;
(e) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING URBANFIBRE NETWORKS’ SERVICE;
(f) CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE;
(g) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE;
(h) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR
(i) LOSS OF DATA OR LOSS OF ACCESS TO DATA.
UrbanFibre’s limitations and exclusions of liability apply equally to UrbanFibre’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.