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Shadowplay.net's Acceptable Use Policy Background From time to time Shadowplay.net may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.shadowplay.net The AUPs are not exhaustive and Shadowplay.net reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Shadowplay.net deems appropriate. An unlisted activity may also be a violation of the AUPs if it is an illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations. |
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VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Shadowplay.net. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS Shadowplay.net'S POLICY TO TERMINATE THE ACCOUNTS OF REPEAT INFRINGERS. Shadowplay.net RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME. Customer Identification Our customers will supply current contact information for all accounts they are responsible for. In the case of POP3 accounts customers will provide contact information for the individual who logs on and downloads e-mail. THIS IS A LEGAL REQUIREMENT FOR THE PROVISION OF INTERNET SERVICE IN CANADA, FAILURE TO PROVIDE CONTACT INFORMATION WILL RESULT IN THE SUSPENSION AND POSSIBLY THE TERMINATION OF YOUR ACCOUNT. Customer Security Responsibilities The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labour used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $50 CND per hour. Enquiries regarding security matters may be directed to abuse@shadowplay.net. System and Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Shadowplay.net may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express written authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express written authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Violators of the policy are responsible, without limitations, for the cost of labour to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Shadowplay.net. Such labour is categorized as emergency security breach recovery and is currently charged at $50 CND per hour required. Enquiries regarding security matters may be directed to abuse@shadowplay.net. Shadowplay.net is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Shadowplay.net urges its customers to assume that all of their online communications are insecure. Shadowplay.net cannot take responsibility for the security of information transmitted over Shadowplay.net's facilities. Password Protection The customer is responsible for protecting customer's passwords and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Shadowplay.net's service to guess passwords or to access other systems or networks without authorization. Shadowplay.net will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. Internet Etiquette The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Shadowplay.net may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libellous, tortuous, indecently depicts children or is likely to result in retaliation against Shadowplay.net by offended users. Shadowplay.net reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group. Copyright Infringement - Software Piracy Policy The Shadowplay.net network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of international law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law. In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: Kenneth Brown, Shadowplay.net 2540 Manotick Station Road, Osgoode ON K0A 2W0 or by e-mail to shadowplay@shadowplay.net. Shadowplay.net will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. Network Responsibility Customers have a responsibility to use the Shadowplay.net network responsibly. This includes respecting the other customers of Shadowplay.net. Shadowplay.net reserves the right to suspend and or cancel service with any Customer who uses the Shadowplay.net network in such a way that adversely effects other Shadowplay.net customers. This includes but is not limited to: Attacking or attempting to gain unauthorized access to servers and services that belong to Shadowplay.net or its customers (i.e. computer hacking), and/or Participating in behaviour which may result in reprisals that adversely effect the Shadowplay.net network or other customers' access to the Shadowplay.net network. Shadowplay.net will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Shadowplay.net customer, whether or not the attacked account or computer belongs to Shadowplay.net, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, regardless of the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer of Shadowplay.net is strictly prohibited. Violations of this policy may be reported directly to abuse@shadowplay.net. Shadowplay.net will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. Lawful Purpose All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content. Using any Shadowplay.net service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Shadowplay.net services or products is prohibited. Using the Shadowplay.net network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited. Servers hosted within Shadowplay.net network are open to the public. You are solely responsible for your usage of the Shadowplay.net network and servers and any statement you make on servers hosted within the Shadowplay.net network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libellous. Child Pornography on the Internet (ANYWHERE) Shadowplay.net will cooperate fully with any criminal investigation into a Customer's violation of any act of law concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Shadowplay.net network, and will be liable for illegal material posted by their clients. Pornography on Shadowplay.net Shadowplay.net requests that all users abide by our NO PORN policy on shadowplay.net servers. Shadowplay.net kindly requests that those persons who wish to serve pornography on commercial or personal web sites take their business elsewhere. Porn sites cause more trouble than they are worth and you cant pay us enough to put up with the crap. Commercial Advertisements with E-mail Shadowplay.net takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of Shadowplay.net may not use or permit others to use our network to transact in UCE. Customers of Shadowplay.net may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (e-mail) as well as off-topic messages posted in USENET discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium. Customers of Shadowplay.net are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Shadowplay.net network, it is advisable that Customers develop a similar, or more strict policy for their clients. Violation of Shadowplay.net's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Shadowplay.net will initiate an immediate investigation (within 48 hours of notification). During the investigation, Shadowplay.net may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Shadowplay.net may, at its sole discretion, restrict, suspend or terminate the customer's account. Further, Shadowplay.net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Shadowplay.net will notify law enforcement officials if the violation is believed to be a criminal offence. Violation of Shadowplay.net's SPAM policy may be reported to abuse@shadowplay.net IP Address Overlap Shadowplay.net administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Shadowplay.net staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. IRC Shadowplay.net allows the use of IRC inside the Shadowplay.net network as long as the use of IRC on a Shadowplay.net server does not violate any of the other terms of this AUP. As a policy, Shadowplay.net will not provide vanity IRC reverse DNS records. To enforce this policy Shadowplay.net does not turn the reverse address of IPs over to the customer. Authority over this information remains with Shadowplay.net. Suspension Shadowplay.net reserves the right to suspend network access to any customer if, in the judgment of the Shadowplay.net network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Shadowplay.net chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement officials will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. Cancellation Shadowplay.net reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement officials will be contacted regarding the activity. Any violation of policies which results in extra costs will be billed to the customer (i.e. security audits, transfer, space etc.). Indemnification Shadowplay.net wishes to emphasize that in being a client of shadowplay.net, you the customer indemnify Shadowplay.net for any violation of law or AUP that results in loss to Shadowplay.net or the bringing of any claim against Shadowplay.net by any third-party. This means that if Shadowplay.net is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Shadowplay.net, plus costs and attorney's fees. It also means that the client will pay for costs or damages sustained by shadowplay.net, plus costs and attorney's fees. Disclaimer of Responsibility Shadowplay.net is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Shadowplay.net disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All clients, users, Sub-Networks, resellers and managed servers of Shadowplay.net must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU |
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