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When a subscriber disseminates
information through the Internet they must also keep in
mind that Acecomp Plus does not review, edit, censor or
take responsibility for any information created. Therefore,
the subscriber is fully responsible for their actions.
A user is liable for any information that they put on
the Internet including copyright infringement, defamation
and other harmful speech. In addition, since the information
created is carried over our facilities, it may reach a
large audience, including subscribers and non-subscribers.
A subscriber's posting on the Internet may affect other
subscribers and may affect our goodwill, business reputation
and operations. For these reasons, subscribers violate
our policy and the Services Agreement when they, their
affiliates, or subsidiaries engage in the following activities:
Spamming -- Unsolicited, commercial mass emailing (known
as "spamming") is a strongly disfavoured practice
among Internet users and service providers.
It is particularly harmful not only because of its negative
impact on consumer attitudes toward us, but also because
it can overload our equipment and disrupt service to our
subscribers.
Copyright Violation -- Violation of copyrights held by
individuals and corporations or other entities can result
in civil and/or criminal liability against the offender,
and may involve the IPP in legal proceedings and/or possible
loss of reputation.
Distribution and/or Transmission of Obscene or Indecent
Speech or Materials -- Violation of indecency and obscenity
laws can result in criminal prosecution.
Defamation -- Defamatory speech distributed over the Internet
can result in civil liability against the offender, not
excluding the ISP whose facilities were used to distribute
the defamatory material.
Illegal or Unauthorized Access to Other Computers or Networks
-- The illegal or unauthorized accessing (often known
as "hacking") of computers or networks can result
in civil and/or criminal prosecution under both federal
laws and the laws of most states and provinces.
Distribution of Internet viruses, worms, Trojan horses
and other destructive activities such as hacking, can
result in serious civil and or criminal actions under
federal and state/provincial law. Export Control Violations
-- The law limits the ability of persons to export encryption
software over the Internet or otherwise to points outside
North America.
Other Activities, whether lawful or unlawful, that we
determine to be harmful to our subscribers, operations
or reputation, including any activities that may restrict
or inhibit any other user from using and enjoying our
service and/or the Internet.
As we have pointed out, the responsibility for avoiding
the harmful activities just described rests primarily
on the subscriber. We will not, as an ordinary practice
monitor the communications of our subscribers to ensure
that they comply with our policy or laws that may apply.
If Acecomp Plus becomes aware of any harmful communications,
we will take whatever actions necessary. We will remove
any information that violates our policies, implement
screening software designed to block offending transmissions,
or take any other action we deem appropriate, including
termination of a subscriber's contract with us.
We are aware that many of our subscribers are providers
of Internet services and that information reaching our
facilities from those subscribers may have been originated
by customers of those subscribers or other third parties.
We do not require our subscribers who offer Internet services
to monitor or censor transmissions created by customers
of it's subscribers. At the same time, subscribers who
knowingly transmit materials that violate law are in violation
of our use policy.
Similarly, we anticipate that subscribers who offer Internet
services will cooperate with us in any corrective action
that we deem necessary in order to correct and prevent
the transmission of material that is harmful to us or
our subscribers. Failure to co-operate with such corrective
and preventive measures is a violation of our policy.
We are concerned with the privacy of on-line communications.
The Internet is not any more secure than other common
communications media, including mail, facsimile and voice
telephone service, all of which can be intercepted and
otherwise compromised. As a matter of prudence, however,
we urge our subscribers to assume that all of their on-line
communications are insecure.
We cannot take any responsibility for the security of
communications transmitted over our facilities. We will
comply fully, however, with all applicable laws concerning
the privacy of our subscribers' on-line communications.
In particular, we will not intentionally monitor or disclose
any private electronic mail messages sent or received
by our subscribers unless required to do so by law.
We may however, monitor our service electronically to
determine that our facilities are operating satisfactorily.
Also, we may be required to disclose information transmitted
through our facilities in order to comply with court orders,
statutes, regulations or governmental requests.
Finally, we could disclose information transmitted over
our facilities where necessary to protect us and our subscribers
from harm, or where such disclosure is necessary to the
proper operation of the system.
We expect that our subscribers who provide Internet services
to others will comply fully with all applicable laws concerning
the privacy of on-line communications.
A subscriber's failure to comply with those laws will
violate our policy. Finally, we wish to emphasize that
in setting up your account, subscribers indemnify us for
any violation of the subscriber of the Services Agreement,
or of law, that results in loss to us or the bringing
of any claim against us.
This means that if we are sued because of activities of
the subscriber that violate any law, the Services Agreement
or this policy (which is part of the Services Agreement),
the subscriber will pay any damages awarded against us,
plus costs and reasonable attorneys' fees.
We expect that our subscribers will comply fully with
all applicable laws concerning on-line communications.
We hope this Policy Statement is helpful in clarifying
the obligations of Internet users, including Acecomp Plus
and our subscribers, as responsible members of the Internet. |
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