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Acceptable Use Policy 1. INTRODUCTION a. This Acceptable Use Policy ("AUP" or the "Policy") from Rogers Telecom Inc. (including its parent and affiliated companies) (collectively "Rogers") is designed to help protect Rogers, its customers/end-users ("Customer(s)") and the general internet community from abusive or illegal activities. It applies to all Customers who subscribe to or use any of Rogers’ residential or business data and internet services including any portals hosted by Rogers and its dial up internet access services (collectively the "Services"). b. By using any of the Services offered by Rogers, the Customer is bound by, and must comply with this AUP in its entirety in addition to any other Rogers terms of service the Customer has already agreed. c. Rogers reserves the right to revise this Policy at any time and advises all Customers to visit our websites regularly to ensure their activities conform to the most recent version. d. Each Customer who uses or purchases the Services is responsible for their own activities and by accepting or using such service from Rogers, agrees to ensure that use of the Services abides by this Policy. No Customer shall permit or assist others to use the Services in a manner or for a purpose that is contrary to this AUP. Customers will be responsible for all violations of this AUP traced to their account. e. Customers may only make use of the service while logged in. The sole exceptions to this policy are EMail filters, which process and sort mail as it arrives. f. Certain Internet services may contain language, pictures or other content which some individuals may find offensive, inflammatory, or of an adult nature. Rogers does not endorse such materials and disclaims any and all liability for such content. Access to such materials is at Customer’s own risk. g. Use of any information obtained through the Services is done so at Customer’s own risk. Rogers denies any responsibility for the content, accuracy or quality of information obtained through its Services. h. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies. Complaints regarding violations of this Policy or any other abuse should be directed to [email protected] 2. VIOLATIONS OF ROGERS’ ACCEPTABLE USE POLICY System violation and/or abuse is defined as any use of Rogers resources, which disrupts the normal use of the system or Internet services for others. Examples of violations and abuse include, but are not limited to the following: a. invade another person’s privacy; unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate content that is unlawful, threatening, abusive, libelous, harassing, slanderous, defamatory or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, store, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation; b. access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person, or use any tools designed to facilitate such access, such as "packet sniffers"; c. upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material obtained through Rogers that is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner or rightholder; d. post, publish, modify, transmit, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Services, our network or telecommunication services such as guessing programs, cracking tools or network probing tools; e. restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy any of the Services or the Internet or create an unusually large burden on our network and/or servers, including, without limitation: posting or transmitting any information or software that contains a virus, lock, key, bomb, worm, trojan horse or other harmful or debilitating feature, , or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information; f. Customers may not send (or have sent on their behalf via a third party) bulk unsolicited E-Mail to any account that has not specifically requested such information, or that causes complaints from the recipients of such unsolicited E-Mail. Rogers services shall not be used to send bulk unsolicited advertising messages to other network users. g. disrupt our backbone network nodes or network service, or otherwise restrict, inhibit, disrupt, or impede our ability to monitor or deliver the Services; h. interfere with computer networking or telecommunications systems and/or service to or from any Internet user, host, server or network, including but not limited to compromising the security of or tampering with system resources or accounts, denial of service attacks, overloading a service, improper seizure and abuse of operator privileges ("hacking") or attempting to "crash" a host, disrupting sessions of other Internet users or consuming excessive amounts of CPU time, memory or disk space; i. resell any of the Services or use the Services other than for your own personal purposes. Without limiting the foregoing, you agree that you will not use the Services to provide Internet access or any other feature of the Services to any third party; j. operate a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums. 3. USENET NEWS USE a. Rogers may provide Customers with uncensored news feed. Rogers does not control newsgroup content nor is Rogers responsible for postings by Customers. Customers are responsible for determining the policies of a given newsgroup before posting to it. b. Rogers reserves the right to discontinue access to any Usenet newsgroup at any time for any reason. c. Customers may not attempt to "flood"/spam or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup, which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text. 4. ELECTRONIC MAIL (E-MAIL) a. Customers may not continue to send commercial E-Mail to a recipient if recipient has requested that Customer discontinue such communication. b. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited whether or not the recipient wishes to receive such mailings. c. "Mailbombing" (i.e. intentionally flooding a user, server, account or site with large or numerous E-Mail messages) is strictly prohibited. d. Customers may not forge header information. e. Rogers prohibits the use of Customer's accounts, or network connections, to collect replies of messages sent from any another provider that violates the rules of this AUP or those of the originating provider. 5. WORLD WIDE WEB USE a. The Customer is solely responsible for the content of Web pages owned by their account(s). b. Rogers reserves the right to remove or refuse to post any information or materials on your Web page that it, in its sole discretion deems offensive, indecent or otherwise inappropriate whether such material or its dissemination is unlawful, or where such information violates the terms of this AUP. c. Customers may not use World Wide Web pages within or outside the Rogers domain to violate any part of this AUP, or to attempt to disrupt the pages or Internet experiences of other users. 6. VIOLATIONS OF ACCEPTABLE USE POLICY a. Rogers will respond appropriately to allegations of violations of this AUP if we become aware of inappropriate use of our Services. Although Rogers has no obligation to monitor the Services and/or network, Rogers and its various affiliates reserve the right to monitor bandwidth, usage and content from time to time to operate the Services; to identify violations of this Policy; and/or to protect the network and Customers. b. Rogers prefers to advise Customers of inappropriate behaviour and any necessary corrective action. However, if the Service are used in a way which Rogers or its affiliates, in their sole discretion believe violate this AUP, Rogers or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Services. Neither Rogers nor its affiliates will have any liability for any such responsive actions. The above-described actions are not Rogers’ exclusive remedies and Rogers may take any other legal or technical action it deems appropriate. c. Rogers reserves the right to investigate suspected violations of this Policy, including gathering of information from the user or users involved and the complaining party, if any, an examination of material on Rogers’ server and network. During an investigation, Rogers may suspend, block or terminate the account(s) involved or the Customer’s access to the Services and/or remove material which potentially violates this AUP. You hereby authorize Rogers to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations, and (2) and system administrators at other Internet service providers or other networks or computing facilities in order to enforce this Policy. Such cooperation may include Rogers providing the username, IP address, or other identifying information about a subscriber. Upon termination of any account, Rogers is authorized to delete any files, programs, data and email messages associated with such account. d. The failure of Rogers or its affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed to be consistent with applicable law as nearly as possible and the remaining portions will remain in full force and effect. This AUP shall be exclusively governed by, and construed in accordance with the laws of the Province of Ontario, Canada.