This Acceptable Usage Policy (AUP) has been designed to help Users understand how the TeliPhone Inc. and/or its subsidiaries, hereafter collectively referred to as the "Company":

• Protects the Network against irresponsible use and illegal and criminal activities
• Enhances the functionality, performance, and integrity of the Company Services
• Ensures the privacy, security, and reliability of the Network, the networks of its customers, partners, Company employees and the Internet at large

Anyone using or accessing the Network, whether as a customer of the Company, partner or affiliate of the Company, the Company's employees or other users of the Network is referred to in this Policy as a 'User'.

Intent of Policy

It is the Company's firm intent to prevent misuse, detect it when it does occur and respond swiftly and in accordance with this policy and network ethics. The Company is in general compliance and cooperation with the local laws as they apply in our global network environment and commits to strive for the highest quality available at any price.

Policy

By the use of the Company’s services every user explicitly represents and warrants that it will not use the services for unlawful purposes including without limitation: infringement of copyright or trademark, misappropriation of trade secrets, wire fraud, invasion of privacy, pornography, obscenity and libel, or to interfere with or disrupt other network users, network services or network equipment. Disruptions include, without limitation, distribution of unsolicited advertising or chain letters, repeated harassment of other network users, wrongly impersonating another such person or organization, falsifying one's network entity for improper or illegal purposes, sending unsolicited mass e-mailings, propagation of computer worms and viruses, and other malicious code, using the network to make unauthorized entry to any other machine accessible via the network or any other abuse of the network as defined in this policy.

The Company Public IP Network

The Company does not control, monitor or censor the content of communications on the Company Public IP Network ("the Network"). The Company does not accept any responsibility for any information passing through the Network.

The Network may be used to connect into other networks world wide and all Users are encouraged to conform to any applicable acceptable usage policy relating to such networks.

Abuse of the Network

Violations of systems or network security may result in disconnection from the Network as well as in criminal and civil liability. Examples of violations include, without limitation, the following:

• Interference with, or disruption of, other Network Users, Network equipment or Network services or any attempt thereof. This also includes knowingly engaging in any activity that will cause a denial-of-service (attack) to the Network or customer of the Company Internet Services by any means or device.
• Unauthorised (attempts to) gain access to any account or network resource (including files or e-mail) not belonging to that User ("cracking"). Violators may be disconnected immediately upon discovery and may be held liable for damages caused and costs incurred by the (attempt to gain) unauthorised access.
• Transmissions, distribution or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, the use of material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation by the party holding such right.
  

Use of the Company's Email Services

The User agrees...

• Not to transmit unsolicited bulk email ("UBE") messages to any Company, X400 or Internet user via their Company account or via any other Internet connection that in any way implicates the Company.
• Not to include their Company email address in the body or header of any unsolicited bulk email message.
• Not to include the URL of any Web site hosted by the Company in the body or header of any unsolicited bulk email message.
• Not to make unauthorised usage of a SMTP Mail server ("Relay Server") to relay (bulk) e-mail and/or forging of identities to make it appear as though the e-mail sourced from the Relay.

Consequences Of Violations

Users found to be in violation of this policy in the sole and final determination of the Company will be subject to immediate suspension and eventual termination of the User's account without refund for pre-paid use of the Network, products or services.

Users may also be subject to liability for damages caused and costs incurred by the unauthorized access or attempt to gain unauthorized access. Users agrees to reimburse the Company’s costs associated with investigating the incident and pay any charges levied by civil and criminal penalties.

The Company will fully cooperate with investigations of suspected criminal violations, violation of systems or network security if so requested by the relevant authorities.

If the Company becomes aware of a violation of the Network, the Company may take any action, as it deems appropriate to address the violation.

The Users agree that the Company may store their name, address, and other personal or corporate information in a private database for the purpose of refusing to grant them future access to the Company’s services if the Company determines that the User has violated this policy. The User agree that the Company may share this information with other Network and Internetwork Service Providers and notify them that the User's account at the Company has been terminated for transmitting unsolicited email should the Company determine that the User has violated this policy, and that these ISPs may choose to refuse to grant them new accounts as a result.

Contact Information and Complaints

Anyone who wishes to contact the Company regarding prohibited use or other abuse related to the Network, or for requests of clarification regarding this Policy, is encouraged to do so at abuse@teliphone.ca. abuse@teliphone.ca.

Complaints about unsolicited bulk e-mail / mass e-mail and News posting abuse, should be addressed to abuse@teliphone.ca. abuse@teliphone.ca.

Please include all information that may assist the Company in investigating your complaint, including all applicable header lines of forwarded messages.

The Company reserves the right to modify this Policy at any time, effective upon posting at this Web page.

The Company does not accept liability for damages caused to a User or third party by any action or omission by the User.