EGATE Acceptable Use Policy

("EGATE AUP")
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EGATE Networks Acceptable Use Policy (AUP)

Overview

When using EGATE Data Internet services, hosting services, internetworking  services or any chat rooms, message boards, news groups, software libraries, personal web pages or any other message or communication services that may be available to the Customer on or through EGATE Internet systems (collectively, the “Communication Services”), the Customer is prohibited from engaging in certain activities which include, but are not limited to, those described in this Acceptable Use Policy.

 

For the purposes of this Acceptable Use Policy, a “Customer” is an individual or organization that has a service agreement or contract with EGATE for use of the Communication Services, or otherwise uses the Communication Services.

 

If the Customer engages in any of the prohibited activities described on these pages it may, at the sole discretion of EGATE and without notice to the Customer, result in the immediate (1) restriction, suspension or termination of the Customer’s use of the Communication Services (including without limitation the Customer’s EGATE Internet access or hosting service), without compensation to the Customer, (2) blocking or filtering of the Customer’s content, data or materials, (3) application of complaint processing fees, disconnection fees and additional service charges to the Customer’s account, (4) deletion of the Customer’s content, data or materials from EGATE servers, or (5) involvement of law enforcement agencies. Such activities may also result in civil or criminal liability. The foregoing applies notwithstanding any language or term to the contrary contained in any agreement that the Customer may have with EGATE.

 

The Customer is responsible for use of the Communication Services by any third party who directly or indirectly utilizes the Communication Services provided by EGATE to the Customer, whether or not such use has been authorized by the Customer.

 

Prohibited Activities

 

Criminal Offences

 

While using the Communication Services, the Customer is prohibited from, in EGATE’S sole judgment, posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity constitutes a criminal offence or from otherwise engaging in or assisting others to engage in any criminal offence including, but not limited to, those offences listed below:

 

  • Communicating hatred
  • Pyramid selling
  • Unauthorized use of a computer
  • Mischief in relation to data
  • Fraud
  • Defamatory libel
  • Obscenity
  • Child pornography
  • Harassment/stalking
  • Uttering threats

 

Civil Offences and Violations of the Rights of Others

 

While using the Communication Services, the Customer is prohibited from, in EGATE’S sole judgment, posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity gives rise to civil liability or from otherwise violating the rights or assisting others to violate the rights of EGATE or any third party, including, but not limited to, the violations listed below:

 

  • Copyright infringement
  • Trade-mark infringement
  • Patent infringement
  • Misappropriation of trade secrets
  • Defamation

 

Other Prohibited Activities

 

While using the Communication Services, the Customer is prohibited from engaging in or assisting others to engage in any activity that, in EGATE’S sole judgment, (1) violates applicable policies, rules or guidelines of EGATE or other on-line service providers, (2) disrupts or threatens the integrity, operation or security of any Communication Service or any computer or Internet system, (3) elicits complaints from other Internet users or Internet service providers, (4) is contrary to any law or regulation, or (5) is otherwise objectionable. Examples of such prohibited activity include, but are not limited to:

 

  • Scanning or probing another computer system
  • Obstructing or bypassing computer identification or security procedures
  • Engaging in unauthorized computer or network trespass
  • Maintaining a relay service open to the general public
  • Engaging in denial of service attacks
  • Posting, uploading, reproducing, distributing or otherwise transmitting any data, information or software that constitutes a virus, trojan horse, worm or other harmful or disruptive component
  • Exporting equipment, software, or data outside of Canada or the U.S. in contravention of applicable export control legislation
  • Falsifying address information, modifying message headers to conceal the Customer’s identity or impersonating others, for the purpose of circumventing this Acceptable Use Policy
  • Posting, uploading, reproducing, distributing, otherwise transmitting, or collecting responses from unauthorized or unsolicited duplicative e-mail messages, junk or bulk e-mail messages, chain letters, newsgroup postings or other “spam” (EGATE reserves the right to determine, in its sole discretion, whether a message constitutes “spam”)
  • Engaging in any conduct that directly or indirectly encourages, facilitates, promotes, relies upon or permits the foregoing prohibited activities including, without limitation, failing to implement reasonable technical or administrative measures to prevent spam, viruses and worms

 

Cooperation with Other Providers

 

EGATE may cooperate with other on-line service providers to discourage and resist abuses of acceptable use policies. EGATE reserves the right to take corrective action against the Customer upon notification to EGATE of unacceptable activities by the Customer on other networks. The Customer is prohibited from using the services of another provider to engage in or facilitate any activity that violates this Acceptable Use Policy.