Terms & Conditions

Internet Acceptable Use Policy

As of July, 2007

These terms and conditions are in addition to Source's Terms and Conditions for Residential Internet and Digital Telephone Services [hereinafter “Terms”].

By using Source's residential internet (including Quickclic High Speed Internet, Quickclic Lite and Wireless Internet) and residential digital telephone services [hereinafter “Services”] provided by Source Cable and its Affiliates and Associates (as defined in the Ontario Business Corporations Act) [hereinafter “Source”], you agree to the following terms of this Acceptable Uses and Content Policy [hereinafter “AUCP”], including the general terms contained below:

This AUCP constitutes the agreement between Source and the customer [hereinafter “you” or “your”] subscribing to the Services. This AUCP governs your use of the Services and any devices and/or equipment used to support the Services, including without limitation, a cable modem and software used in conjunction with the Services which is loaned to you from Source for your use solely in connection with the Services [collectively, the “Equipment”]. By activating the Services, you acknowledge that you have read, understand and agree to this AUCP as set out hereunder and with terms and conditions of Source's Terms [collectively, the “Agreement”]. If you do not wish to be bound by this Agreement or any modifications, which may be made by Source from time to time (as described in the following paragraph), do not activate or use the Services and immediately contact Source.

Source may revise this Agreement and provide notice of such material changes to you by sending you an electronic mail message at your Source email address. Such changes shall be deemed effective upon the electronic communication being retrievable by you. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION SENT TO YOU AND POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE SERVICES AFTER YOU ARE NOTIFIED OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY SUCH CHANGES. If you do not agree with any of the amendments to this Agreement, you agree to stop using the Services and to provide notice to Source of your termination of this Agreement in accordance with the Terms. You should consult this document regularly to ensure that your usage conforms to the most recent version. In the event of conflict between any customer agreement and this Agreement, the terms of this Agreement will govern. Please refer to the customer agreement specific to the service which you are using. Complaints regarding violations of this Agreement by Source users can be directed to technical support at techsupport@sourcecable.net or (905) 574-7477.

Use of the Services is subject to the following rules and guidelines. You are responsible for ensuring that your use of the Services complies with this Agreement.

Illegal Activity

Use of the Services for any activity that violates local, provincial, federal or international law, order or regulation, is a violation of this Agreement. Prohibited activities include, but are not limited to:

  1. Posting, storing, transmitting or disseminating unlawful material, including with out limitation, child or other pornography, any content, data or othermaterial which is libelous, obscene, hateful, unlawful, threatening, reaction or ethnically offensive, defamatory or which in any way contributes or encourages conductthat would constitute a criminal offense.
  2. Disseminating material which violates copyright or intellectual property rights. The customer assumes all risk regarding whether material is in the public domain;
  3. Pyramid or other illegal soliciting schemes; or
  4. Fraudulent activities; including but not limited to: impersonating any person or entity, or forging anyone's digital or manual signature.

Security

You are responsible for any misuse of the Services that originate from your account, even activities committed by any friend, family, co-worker, employee, guest or anyone with access to your account. You must ensure that others do not gain unauthorized access to the Services.

The Services may not be used to breach the security of another user, or to attempt access to anyone's computer, software or data, without the knowledge and consent of that person. The Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools is strictly prohibited.

YOU MAY NOT DISRUPT THE SERVICES. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature is also strictly prohibited.

YOU ARE RESPONSIBLE FOR THE SECURITY OF ANY DEVICE YOU CONNECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, DATA STORED ON THAT DEVICE. In particular, Source recommends against enabling file or printer sharing of any kind. Source recommends that any files or services you make available for remote access be password protected.

Inappropriate Content

Source is not responsible for any content you post, store, transmit, disseminate or access through use of the Services. Any content questions or complaints you may have regarding content you accessshould be addressed to the content provider.

You are responsible for information published to the Web or other Internet services, through your account. Source reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, at its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

Source has no obligation to monitor transmissions made on the Services. However, Source has the right to monitor such transmissions and to disclose the same in accordance with Source's Privacy Policy. By using the Services to publish, transmit or distribute content, a user is warranting that the content complies with this Agreement and licenses and authorizes Source to reproduce, publish, distribute and display such content worldwide.

Electronic Mail

Source limits the number of email messages that you can send through the Services using Source's email servers in any sixty (60) minute period. Source defines an email message as one message sent to one recipient. For example: a single message addressed to three recipient email addresses would count as three email messages. The Services are limited to one hundred and fifty (150) emails in any sixty (60) minute period.

The Services may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may be sent only to those who have explicitly requested them.

The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Agreement or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any Web site or other resource which uses the Services.

Forging, altering or removing electronic mail headers is prohibited. However, you may insert additional characters into your from: and reply-to: addresses in order to prevent your true address from being automatically added to the mailing lists used by bulk emailers. In this case, your true address must remain obvious to any human viewer. For example, you may substitute nospam.john.smith for john.smith.

You may not reference Source or the Services in any unsolicited email, even if that email is not sent through Source. Source owns all IP addresses and email usernames for all Services.

Mail Bombing is prohibited. You may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is prohibited, whether or not the recipient wishes to receive such mailings.

Source is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily, at Source's sole discretion.

Newsgroups

Messages posted to newsgroups must comply with the written charters or Frequently Asked Questions (“FAQ's”) for those newsgroups. Advertisements, solicitations, or other commercial messages may be posted only in those newsgroups whose charters or FAQ's explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it.

Posting or cross-posting the same or substantially similar messages to more than 10 newsgroups is prohibited. Our news software will automatically cancel any messages posted to 10 or more newsgroups.

Binary files may not be posted to newsgroups not specifically named for that purpose.

Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

Source reserves the right to discontinue access to any Usenet newsgroup at any time and for any reason.

You may not flood 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, posting many follow-ups to messages with no new text.

Messages may not be cancelled, except by the author or by official newsgroup moderators performing their duties.

The Usenet news service included with a Source account is provided for interactive use by you, using a commonly-available NNTP client such as NETSCAPE COMMUNICATOR or OUTLOOK EXPRESS. Non-interactive clients that download Usenet articles in bulk are prohibited.

Internet Relay Chat

The Services may be used to participate in Chat discussions hosted by Source servers, third party servers, or may not involve servers at all. In all cases, Source does not monitor the contents of the discussion and is not liable for the content of any communications made via Internet Chat.

The Services may not be used for Chat flooding. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.

Any computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as bots or clones. Automated programs may not be used when the account holder is not physically present at the device.

The Services may not be used to send messages which disrupt another Internet user's equipment, including software, hardware and user display. The Services may not be used to access any chat server in violation of this Agreement of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges which have not been authorized.

You are not permitted to use the Services to connect to chat servers or channels from which you have been banned.

The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive messages.

Bandwidth, Data Storage and Other Limitation

You must comply with the current bandwidth, data storage and other limitations on the Services.

You must ensure that your activity while using the Services does not improperly restrict, inhibit or degrade any other customer's use of the Services, nor represent (in the sole judgment of Source) an unusually large burden on the network itself, such as, but not limited to, peer to peer file sharing programs, serving streaming video or audio, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums. The guidelines for Bandwidth Usage/month for each service package are the following: Quickclic High Speed Internet: 60 GigaBytes, Quickclic Lite: 20 GigaBytes and Wireless Internet: 60 GigaBytes. Source reserves the right to set specific limits for Bandwidth Usage and charge for excessive Bandwidth Usage for residential Services at any time. In addition, you must ensure that your activities do not improperly restrict, disrupt, inhibit, degrade or impede Source's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

UNDER NO CIRCUMSTANCES WHATSOEVER ARE YOU PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICES OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF Source AND PAYMENT OF APPLICABLE FEES. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide email or news service, or send a news feed unless express permission is granted by the customer agreement.

The Services are designed for personal Internet use. You may not use the Services for commercial purposes. You may not run a server in connection with the Services nor may you provide network services to others via the Services. Examples of prohibited servers and services include, but are not limited to, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums.

Violation of this Agreement

Source does not routinely monitor the activity of accounts for violation of this Agreement. However, in our efforts to promote good citizenship within the Internet community, Source will respond appropriately if it becomes aware of inappropriate use of the Services. Although Source has no obligation to monitor the Services and/or the network, Source reserves the right to monitor bandwidth, usage and content from time to time, to identify violations of this Agreement; and/or to protect the network and Source Internet customers.

Source prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if you use the Services in a way which Source, in its sole discretion, believes violate this Agreement, Source may take any responsive actions they deem appropriate. Such actions include, but are 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. Source will not have any liability for any such responsive actions. The above described actions are not Source's exclusive remedies and Source may take any other legal or technical action it deems appropriate.

Source reserves the right to investigate suspected violations of this Agreement, including the gathering of information from you or other users involved and the complaining party, if any, and examination of material on Source's servers and network. During an investigation, Source may suspend the account or accounts involved and/or remove material which potentially violates this Agreement.

You hereby authorize Source to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Agreement. Such cooperation may include Source providing the username, IP address, or other identifying information about a subscriber, in accordance with the guidelines set out in Source's Privacy Policy.

Upon termination of your account, Source is authorized to delete any files, programs, data and email messages associated with such account.

The failure of Source to enforce this Agreement, 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 Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable laws as nearly as possible, and the remaining portions will remain in full force and effect.

General

  1. Customer Computer It is your responsibility to ensure that your computer equipment meets the requirements set out by Source as may be amended from time to time, that are necessary to use the Services.
  2. Relocating Cable Modem You agree not to relocate Source's cable modem within your premises without notifying Source, so that Source may schedule a mutually agreeable time to undertake such work.
  3. Personal Pages You may create personal pages on our World Wide Web Server (the “Site”). On the Site, you can conceive, design, create, maintain, and publish texts, diagrams, illustrations, audio clips and related materials for access by a global audience. You warrant that the content on your Site is suitable for publication, is not libelous or defamatory, does not breach the intellectual property rights (including, without limitation, copyright) of any third party, and complies with all laws, regulations, court orders and other legal requirements. While it is your responsibility to regulate and control all content on the Site, Source may decide to suspend or delete your home page without your consent if you violate this Agreement. In addition, if Source determined that it is appropriate, Source may either. i) issue a warning to you; ii) suspend your access to some or all of the Services; or iii) terminate this Agreement, inclusive of your access and use of the Services.
  4. Ownership of Addresses Source owns all addresses provided to you, including but not limited to IP addresses, e-mail addresses and personal Web page addresses. Source MAY MODIFY OR CHANGE SUCH ADDRESSES AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE YOU FOR SUCH CHANGES.
  5. End User Licenses You agree to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed in connection with the Service. All such end user licenses will terminate upon termination of this Agreement. In the event of an inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.
  6. Multiple Users You acknowledge that you are executing this Agreement on behalf of all persons who use the Services through your computer. You assume all liability for such use of the Services and are responsible for ensuring that all such other users understand and comply with the terms and conditions of this Agreement.
  7. No License; Intellectual Property of Source and Others Nothing within the Services or any additional services offered by Source from time to time or through any Source Web site shall be construed as conferring any license of Source's or any third parties' intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You acknowledge and agree that Source's Web sites, the Services and/or additional services offered by Source from time to time are protected by copyright, trademark, patent, or other proprietary rights. You agree not to defame or disparage Source, the trademarks or service marks of Source.

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