At Olds Fibre Ltd. (OFL) operating under the brand name O-NET we are committed to protecting OFL’s Subscribers and the Internet community from irresponsible or illegal activities. The Acceptable Use Policy (AUP) shall govern the access to and use of OFL services (“Services”).
Your (“The Subscriber”) use of the Services constitutes acceptance of this AUP. Please read the following sections carefully, as they constitute a legally binding agreement between the user and OFL If users do not wish to be bound by the AUP contained herein the user is prohibited from using or accessing the Services.
The terms of this AUP are subject to change, so OFL encourages the user to periodically review this page in order to check the changes that may have been made to this AUP. Every time The Subscriber uses or accesses the Services, The Subscriber agrees to the terms of the AUP as they exist at that time.
This Acceptable Use Policy (AUP) applies to all commercial and business relationships in which OFL is engaged. The Policy is intended to comply with legislation relating to commercial activity in all jurisdictions in which OFL operates.
It is the duty of the user of the Services to comply with all applicable laws, statutes, ordinances and regulations. The Services provided are operated from Canada. Any use of the Services that violates any applicable laws in Canada will be grounds for discontinuing the contract holder’s use and access to the Services.
2. VIOLATIONS AND DESCRIPTIONS OF ACCEPTABLE USE
2.1 Restrictions on Use of Service
2.1.1 The Subscriber agrees not to use the Services to publish, post, distribute, disseminate, or otherwise make available proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder. Please refer also to the Copyright Infringement Policy A2 at www.O-NET.ca
2.1.2 As OFL’s business relationship is with The Subscriber only, The Subscriber agrees to refrain from renting, leasing, sub-licensing, assigning, selling, loaning or otherwise transferring The Subscriber user name or password.
2.1.3 The Subscriber agrees not to use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind.
2.1.4 The Subscriber agrees not to use the service to commit a crime or encourage others to commit a crime. The Subscriber will not allow others to use their account to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, national or international law.
2.1.5 The Subscriber will not use the service to add, remove, or modify identifying network header information (a.k.a. “spoofing”) in an effort to deceive or mislead. OFL frowns upon the impersonation of another person by using forged headers or other identifying information. Please note the use of anonymous re-mailers and nicknames does not constitute impersonation.
2.1.6 The Subscriber agrees that activities that adversely affect the ability of other people or systems to use OFL services or the Internet is prohibited. This includes “distribute denial of service” (“DDOS”) attacks against another network host or individual user.
2.1.7 The Subscriber agrees that attempts, whether successful or unsuccessful, to gain access to any computer system or customer’s data, without consent, are prohibited.
2.1.8 The Subscriber agrees that using the services to “bully”, sending threatening or harassing email or in any way threaten bodily harm or destruction of property are prohibited.
2.2 Inappropriate Content
2.2.1 There is content on the Internet, or otherwise available through the Service, which some may find offensive or disturbing. It is possible to obtain access to content that is pornographic or offensive. OFL does not assume any responsibility for the content contained on the Internet or otherwise available through the Service. The Subscriber must assume the risk of accessing content through the Service, and OFL shall not have any liability whatsoever for any claims, losses, damages, suits or proceedings arising out of or otherwise related to access to such content. The Subscriber is solely responsible for any information that you publish on the Web or other Internet services. The Subscriber must ensure that the receipt of the content is appropriate. The Subscriber must take appropriate precautions to prevent minors from viewing inappropriate content. OFL reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole and absolute discretion, deems to be offensive, indecent, or otherwise inappropriate, and regardless of whether such material is unlawful.
2.2.2 OFL has no obligation to monitor transmissions made on the Service. OFL does, however, have the right to monitor transmissions at any time.
2.3 Commercial Electronic Messages (“CEM”s)
As Canada’s Anti-Spam Legislation or “CASL” comes into effect on July 1, 2014, (www.fightspam.gc.ca) dealing with CEM’s, the following is a summary of requirements and OFL encourages the user to become familiar with the legislation.
Sending or transmitting of a “Commercial Electronic Message” to an electronic address is generally prohibited unless:The receiver has already consented to the receipt of the CEM; and The CEM contains certain prescribed information, subject to limited exclusions / exemptions A CEM is a message sent by any electronic means (i.e., email, text, instant message, tweet) that has, as its purpose, or one of its purposes, to encourage participation in a “commercial activity”A “commercial activity” is:
“Any particular transaction, act, or conduct that is of a commercial character whether or not the person who carries it out does so in the expectation of profit”
Examples include:Offer to purchase, sell or lease goods or services. Offer to provide a business, sell or lease investment, or gaming opportunity advertising or promotion of these activities. Not for Profits are not exempt from this policy
Emails seeking donations Emails seeking volunteers / members Emails selling tickets to a charity event / lottery Emails promoting a charitable event / activity Electronic newsletters Emails promoting the organization’s work CEMs may only be sent with recipient’s express or implied consent Onus of proving consent rests with the sender An electronic message requesting express consent is a CEM and is therefore prohibited.
2.4 Internet Relay Chat (IRC)
2.4.1 The Service may be used to participate in real-time text based conversations (“Chat”). OFL will not monitor the contents of these discussions and is not liable for the contents of any communications made via Internet Chat. The Service may not be used to send messages that disrupt another user’s equipment, including software, hardware, and user display. Flooding is defined as the deliberate act of repeating text-generating actions in quick succession in order to prevent other service users from utilizing the Chat service. The Service may not be used to “flood” a Chat room or to perform acts of “flooding” of Chat services. The use of IRC “bots” is prohibited, as is the violation of any accepted policies on IRC servers. If OFL is banned from a server, the offending account may be terminated. Any computer or other device connected through the Services may not maintain more than three simultaneous Chat connections. This includes the use of automated programs, such as “bot” or “clones”. The Service may not be used to access any Chat server in violation of the Acceptable Use Policy of that server. The Service may not be used to manipulate any Chat server in order to disconnect or harass other Internet users, or to gain unauthorized access to network resources. A customer may not use the Service to connect to Chat servers or channels from which they have previously been banned.
2.5 Unauthorized Reselling, Unauthorized Commercial Use
2.5.1 Reselling OFL Services without express written consent is prohibited.
2.6 Excessive Bandwidth
2.6.1 OFL reserves the right to set limits on bandwidth and use in excess of those limits is not permitted. The total number of bytes transferred from a contract holder’s s account determines bandwidth utilization. If excessive bandwidth is determined to adversely affect OFL’s ability to provide service, immediate action may be taken. The account owner will be notified by email as soon as possible.
OFL is not responsible for the forwarding of email sent to any account, which has been suspended or terminated. Such mail will be returned to the sender, ignored, or deleted at the sole discretion of OFL.
Line of Service Demarcation:
OFL may provide technical support for one device connection to the Service of the network for the sole purpose of providing the Service. OFL or any member of its technical support team does not support any additional internal networking within the contract holder’s premise, regardless of who installed it. OFL is not responsible for supporting shared networking printer devices or other resources or devices within The Subscriber’s premise.
Reasoning and General Understandings:
This section attempts to provide a general understanding of OFL’s AUP. Common sense and judgment are a necessary part of any system of rules, and this AUP is no exception. Of course, flagrant or repeated violations of the policy are viewed in a very different light than minor infractions. OFL considers net-abuse an action that undermines the ability of the Internet to serve as a discussion medium. In addition, net-abuse may be a violation of municipal, provincial or federal law, or the laws of other countries. Protection of OFL’s contract holders and its resources, the ability to provide quality service to OFL contract holders, compliance with existing law, and the protection of OFL’s reputation as a service provider are all contributing factors to decisions on AUP violations. It is OFL’s intention to allow The Subscriber access to everything the Internet has to offer with minimal or no interference. OFL’s belief in free speech is a firm commitment to its Subscriber. Just as free speech does not include the right to shout “fire” in a crowded theater; certain activities are considered inappropriate by the Internet community at large and cannot be permitted under the guise of free speech. OFL does not censor the content of any newsgroups. OFL believes such choices should be left to the individual. OFL does not monitor the activity of Subscribers except for measurements of system utilization and billing records. In our efforts to promote good citizenship within the Internet community, however, OFL will respond if it becomes aware of inappropriate use of OFL services. If an OFL Subscriber violates the AUP, OFL reserves the right to terminate service without notice. OFL’s preferred course of action would be to advise The Subscriber of the inappropriate behavior and the corrective action necessary. Flagrant violations of the AUP, however, may result in immediate termination of service. In the event that an account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements determined by OFL.
Intellectual Property: Please refer to the OFL Copyright Infringement Policy
OFL may terminate a The Subscriber account and access to the Services if, in appropriate circumstances, it is determined at OFL’s sole discretion that such user has repeatedly or flagrantly violated the terms of this AUP.
DISCLAIMER OF WARRANTIES AND LIABILITY YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR ACCESSED FROM OR OTHERWISE PROVIDED THROUGH THE NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE NETWORK IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” OLDS FIBRE LTD ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE AVAILIABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, SUITABILITY OF CONTENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. OLDS FIBRE LTD DOES NOT GUARANTEE THAT THE NETWORK WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL OLDS FIBRE LTD ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, FROM THE USE OF THE NETWORK THAT ARISE UNDER ANY CAUSE OF ACTION, INCLUDING THOSE THAT RESULT FROM YOUR USE OF THE NETWORK, ANY SERVICES OFFERED THROUGH THE NETWORK, OR ANY TRANSACTION PERFORMED THROUGH THE NETWORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS, THEFT, HACKING OR UNAUTHORIZED USE OF DATA, INFORMATION, PHOTOGRAPHIC MATERIAL OR VIDEO TYPE TRANSMISSIONS (CONFIDENTIAL OR OTHERWISE), INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF KNOWN BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF OLDS FIBRE LTD, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE NETWORK WILL NOT EXCEED $100.00. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PROVINCES, THE LIABILITY OF OLDS FIBRE LTD, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH PROVINCIAL LAW.