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Acceptable Use
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SUNWAVE Cable
Internet Acceptable Use Policy
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1. INTRODUCTION |
The benefits and privileges available from
Sunwave Cable Internet ("SUNWAVE") and the
Internet in general, must be balanced with
duties and responsibilities so that other users
can also have a productive, enjoyable
experience. This Acceptable Use Policy (the
"Policy") was designed to prevent unacceptable
uses of our services and equipment as well as to
ensure that we are able to provide the level and
quality of services that our customers expect.
Each customer of SUNWAVE is responsible for
ensuring that the use of all services provided
to such customer complies with this Policy. |
If SUNWAVE believes, in its sole discretion,
that a violation of this Policy (direct, or
indirect, including violations by a third party)
has occurred, it may take responsive action.
SUNWAVE is entitled to remove the offending
material, establish immediate or temporary
filtering, deny access, suspend or terminate
SUNWAVE Services, or take any other appropriate
action, as determined by SUNWAVE, in addition to
any remedies provided by any agreement to
provide SUNWAVE Services. |
SUNWAVE may investigate incidents involving
violations of this Policy, and such violations
may subject the customer to civil or criminal
liability. In the event of a criminal violation
SUNWAVE will co-operate fully with law
enforcement. |
The customer is solely responsible for use of
their SUNWAVE account, regardless if such use
occurred without the account holder's consent or
knowledge. |
SUNWAVE may amend this policy at its sole
discretion. The continued use of SUNWAVE
Services after an amended policy has been posted
at http://www.shaw.ca/ShawBusinessSolutions/AUP.htm will be
deemed as acceptance of the amended policy. |
2. PROHIBITED ACTIVITIES |
Illegal/Criminal Activity
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SUNWAVE Services must not be used for any
activity that violates any local, provincial,
federal, international or any other applicable
law or regulation, including the distribution or
storage of materials that are contrary to any
applicable law or regulation. Prohibited
activities include, but are not limited to:
- Infringing copyrights, trademarks, trade
secrets, patents or any other type of
intellectual property;
- 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;
- Transmitting offensive materials including
obscene, pornographic, indecent, hateful,
defamatory or otherwise objectionable material;
and
- Violating the personal privacy of another
individual.
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Security Violations |
SUNWAVE Services must not be used to breach the
security of any account, network, service, or
other system of SUNWAVE, or to gain unauthorized
access to another network or system. Other
security breaches include, but are not limited
to:
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- Attempting to gain access to any other
person's computer, software or data, without
their knowledge or consent;
- Circumventing user authentication or security
of any host, network or account ("cracking" or
"hacking");
- Interfering with service to any user, host or
network ("denial of service attacks") including,
but not limited to, mail bombing, flooding of
networks, deliberate attempts to overload a
service and attempts to crash a host; and
- Using or distributing tools designed to
compromise security, such as password guessing
programs, cracking tools, packet sniffers or
network probing tools.
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Email Violations |
SUNWAVE Services must not be used to send
messages (including fax and voice traffic) that
have the effect of preventing fair and
proportionate use of SUNWAVE Services by others.
Other email violations include, but are not
limited to: |
- sending unsolicited bulk messages, including,
commercial advertising, unsolicited commercial
messages, chain letters, charity requests,
petitions for signatures and political or
religious messages;
- sending messages to any user who does not wish
to receive it, either to a SUNWAVE account
holder or otherwise;
- Spamming, whereby the customer sends numerous
copies of the same or substantially similar
massages to many account holders, or sending
large or multiple files or messages to a single
user with malicious intent;
- Spamming indirectly through the use of other
service providers or transmitting email or
content through other service providers in a way
which indicates in any way that SUNWAVE was
involved in the transmission of such email or
content;
- Altering the headers of email messages for the
purpose of concealing the recipient's or
sender's identity, or any other illegitimate
purpose;
- Operating an unsecured email relay;
- Posting binary files to non binary newsgroups;
and
- Attempting to evade filters of spamming |
3. SUBSCRIBER AGREEMENT
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The customer will indemnify and hold SUNWAVE
harmless from any claim brought by third parties
relating to the customer's use of SUNWAVE
Services. The customer must pay and defend all
legal costs (including legal fees) arising from
such claims. Upon receiving notice, the customer
must immediately notify SUNWAVE of any claim or
potential claim involving their use of SUNWAVE
Services. Failure to do so gives SUNWAVE the
right to defend such claims at the customer's
sole cost.
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SUNWAVE makes no warranties of any kind, whether
expressed or implied, including any implied
warranty of merchantability or fitness of
SUNWAVE Services for a particular purpose.
SUNWAVE takes no responsibility for any direct,
indirect, incidental, special, consequential,
punitive or other damages whatsoever, including,
but not limited to, loss of use, data,
information or profits from delays,
non-deliveries, mid-deliveries, or service
interruptions, arising out of, or in connection
with, customer use or access of any site.
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SUNWAVE may co-operate with other Internet
Service Providers to discourage and resist any
abuse of online procedure and policies. In the
event that SUNWAVE learns that one of its
customers is using other networks in an
unacceptable way, SUNWAVE reserves the right to
take corrective action against such customer. |
4. CONTENT OF ONLINE MATERIAL
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SUNWAVE is not responsible for, and shall not be
held liable for any damages resultant of any
conduct, content, communications, goods and
services available on or through SUNWAVE
Services. |
5. PRIVACY OF COMMUNICATIONS
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SUNWAVE may at all times monitor the performance
of SUNWAVE Services electronically to ensure its
facilities are operating properly.
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The customer acknowledges that SUNWAVE has the
right, but not the obligation, to monitor or
disclose the contents of private communications
if SUNWAVE, in its sole discretion, reasonably
believes that such action is necessary:
(a) to comply with applicable law or valid legal
processes;
(b) to protect SUNWAVE's rights or property;
(c) in emergencies where a person's physical
safety is compromised; and
(d) to enforce the terms of this policy.
SUNWAVE is not obliged to inform the customer
that such information has been disclosed or will
be disclosed. |
6. QUESTIONS AND COMPLAINTS
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For any customers who may have questions or
complaints regarding this Policy, please contact
support@sunwave.net.
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