Acceptable Use Policy

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:

  1. Anonymous FTP or any distribution of user-authenticated FTP intended to resemble anonymous FTP;
  2. Unauthorized access to any computer or system, including intrusion into or scanning of other Urban’s accounts;
  3. Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libellous, obscene, or harassing;
  4. Child pornography or any other activity harmful to minors;
  5. Fraud;
  6. Violations of privacy rights;
  7. Intellectual property infringement, including violations of copyright, trademark, or patent rights, or use or distribution of pirated software;
  8. Use of third party software without a proper licence or other appropriate permission;
  9. Network attacks or any unfriendly effort to interfere with service on another network or server;
  10. Virus distribution or distribution of any worm or other harmful code;
  11. Hacking or perpetration of any security breach;
  12. The use of HTTP server resources for any activity other than allowing users to load the Urban Java FTP client; and
  13. Illegal activities of any kind;

Adult Content

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.

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 Urban 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.

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 abuse@urbanfibre.ca.

Monitoring & Disclaimers

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:

  1. OTHER URBAN CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER’S DATA OR ASSIGNED COMPUTERS;
  2. SECURITY BREACHES;
  3. EAVESDROPPING;
  4. DENIAL OF SERVICE ATTACKS;
  5. INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING URBAN’S SERVICE;
  6. CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE;
  7. MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE;
  8. THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR
  9. LOSS OF DATA OR LOSS OF ACCESS TO DATA.

Urban’s limitations and exclusions of liability apply equally to Urban officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.