Urban Communications Inc., its affiliates and subsidiaries (“Urban”) requires that each of its customers accept and agree to Urban’s Terms of Service. The Terms of Service constitute a legal agreement between the customer and Urban. 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 Urban’s services and web sites. By the act of using Urban’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 the Customer’s responsibility to regularly check for modifications.
Urban requires that all Customers behave with respect for others. Each Customer is responsible for preventing violations of this AUP by third parties accessing Urban’s services through Customer’s computers or accounts, including without limitation hackers and Customer’s own users.
The following activities are expressly prohibited:
Urban 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 Urban’s policies.
Urban reserves the right to:
Urban 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 Urban requests that anyone with information about a violation of this AUP, or of Urban’s Terms of Service, report it by sending an e-mail to email@example.com.
Urban 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. Urban may grant law enforcement agencies access to its equipment to monitor use of its services.
URBAN’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. URBAN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. URBAN 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 URBAN OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.
URBAN WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF URBAN WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. URBAN’S 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.
URBAN WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM:
Urban’s limitations and exclusions of liability apply equally to Urban officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.