Acceptable Service Use Policy

The WEBCORE LABS acceptable service use policy (AUP) focuses on a responsible use of the Internet and its resources, and avoiding practices which degrade the usability of the network for all Internet users.

POLICIES

While the actual policy is stated below in full, the key themes can be summarized as follows. The full policy must be reviewed to understand the acceptable use terms.

• WEBCORE LABS Internet services must be used for lawful purposes only.
• Customers shall not transmit; copyright material without consent of the copyright owner; material legally judged to be threatening or obscene; third party material protected by trade secret.
• Customers that participate in the mass distribution of unsolicited e-mail / newsgroup messages, will be dealt with immediately.
• The Customer may not circumvent user authentication or security of any host, network, or account.
• The Customer agrees to not, through its own operations, cause disturbances, outages or other problems which may affect WEBCORE LABS' network or network based equipment, or which may adversely affect WEBCORE LABS' ability to provide services.
• WEBCORE LABS reserves the right to, at its sole determination and without notice, remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the AUP.

For purposes of this AUP, a "customer" is defined to include the organization with which WEBCORE LABS has a service agreement or contract. A "customer" shall also be responsible for the Internet services use of any subsidiaries, affiliates, partners, suppliers, and otherwise clients that directly or indirectly utilize WEBCORE LABS services provided to the customer. The Customer may only use WEBCORE LABS services for lawful purposes. The use of the WEBCORE LABS network or systems in violation of any international legislation or regulation is prohibited. This includes, but is not limited to, transmission of copyright material without consent of the copyright owner, material legally judged to be threatening offensive, or obscene, and third party material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law. WEBCORE LABS will fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement authorities.

The Customer will indemnify and hold WEBCORE LABS harmless from any claim brought by third parties alleging that use of WEBCORE LABS services by the Customer has infringed any applicable Canadian or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgments finally awarded against WEBCORE LABS arising from such claims. The Customer shall give WEBCORE LABS notice of any claim the Customer is involved with or aware of. WEBCORE LABS will cooperate with other online and Internet service providers to discourage and resist abuses of acceptable use policies. WEBCORE LABS reserves the right to take corrective action upon notification to WEBCORE LABS of unacceptable use by the Customer on other networks. WEBCORE LABS reserves the right to, at its discretion and without notice, remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the AUP.

The Customer may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks"). Customers are forbidden to send e-mail to any person who does not wish to receive it. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements, etc.). Customers caught spamming on WEBCORE LABS' network, or who persist in the mass distribution of unsolicited e-mail messages, will be dealt with immediately under a zero tolerance policy.

The WEBCORE LABS services may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees to not, through its own operations, cause disturbances, outages or other problems which may affect WEBCORE LABS' network or network based equipment, or which may adversely affect WEBCORE LABS' ability to provide services.

WEBCORE LABS reserves the right to, at its discretion and without notice, automatically filter disconnect and/or deny access to any WEBCORE LABS customer who violates this policy. This remedy shall also be applied when the Customer has engaged in any of the foregoing activities by using the service of another provider, but channeling such activities through a WEBCORE LABS account, remailer, or otherwise through an WEBCORE LABS service or using an WEBCORE LABS account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect a WEBCORE LABS service. WEBCORE LABS reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.

Nothing contained in this policy shall be construed to limit WEBCORE LABS' actions or remedies in any way with respect to any of the foregoing activities, and WEBCORE LABS reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the WEBCORE LABS service, and levying cancellation charges to cover WEBCORE LABS' costs in the event of disconnection of dedicated access for the causes outlined above. In addition, WEBCORE LABS reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.