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Acceptable Use Policy

Introduction:

Diallog is committed to offering You a premium experience when utilizing telecommunications and Internet services. To bring You that experience, we take on many responsibilities. You also have responsibilities, both to us and to your fellow users of the services. This Acceptable Use Policy (“AUP”) has been instituted to prevent abuse or unacceptable use of the Services and Diallog requires You to comply with this AUP as part of your contractual relationship with us. Any violations of this AUP by You will be a breach of your agreement and the Terms of Service with Diallog and may result in Diallog terminating your Services. The AUP applies to the use of all the Services (which may include your maintaining a domain or subdomain for your website residing on our servers) and You acknowledge reading and agreeing to the terms of this AUP prior to or contemporaneously with executing any agreement or entering into the Terms of Service with Diallog. The terms of this AUP may change without notice and You are responsible for consulting our website,www.diallog.com and informing yourself of any changes to the policy posted there. By agreeing to abide by this AUP, You are consenting to abide by the acceptable use policies or similar policies of any applicable underlying carrier or service provider of Diallog who is enabling the provision of Services to You. Where not otherwise defined in this AUP, capitalized terms have the meanings given to them in the Terms of Service. “You” refers to any individual who is an End-User and, if applicable, the End-User’s employees, officers, directors, agents, contractors, representatives, customers and others for whom the End-User is responsible for at law.

 

Prohibited Uses:

        You may not, at any time for any reason, use or allow your account or Services to be used for:

 

        • Posting, transmitting or distributing spam or other unsolicited messages which, in Diallog’s sole judgment, causes disruption or results in complaints from other users of the Services
        • Anything which may result in or forms a part of a criminal offence, violates any applicable law, statute or regulation (including the Canadian Anti-Spam Legislation), or which gives rise to civil liability, whether in Canada or elsewhere, including but not limited to obscenity, communication of hate literature, child pornography and uttering threats, whether regarding bodily harm or damage to property and including for any use prohibited by the Unsolicited Telecommunications Rules promulgated by the CRTC
        • Fraudulent offers to sell or buy products or services, including but not limited to by way of “pyramid schemes”, “Ponzi schemes”, gaming schemes and “chain letters”
        • Harming or attempting to harm minors in any way
        • Accessing the Internet using the Services using an IP address other than the IP addresses assigned to You by us
        • Attempts to scan, access, probe, infiltrate or investigate another computer system or network without consent by the owner or licensee of that network, including the use of “packet sniffers”, password guessing programs, cracking tools, ping bombers or network probing tools
        • Impersonating (i) any other user of Diallog’s Services, (ii) any of Diallog’s underlying carriers or service providers or (iii) any representative, employee or agent of Diallog, its underlying carriers or service providers (for all of (i), (ii) and (iii), in this policy, each a “Diallog Group Member” and together the “Diallog Group”)
        • Any attempt (including transmitting, posting or otherwise providing access to tools to attempt to do so) to monitor (without consent), bypass, trespass on, disrupt, compromise, threaten, adversely affect, obstruct or interfere with any (i) computer or network, including its identification or security measures and its hardware, software and/or communications or telecommunications system, (ii) Internet access or hosting service of any Diallog Group Member, (iii) chat room, Usenet group, message board, online bulletin board, blog, vlog, news group, wiki, photo sharing service, video sharing service, online gaming community, Facebook group, LinkedIn group or similar group or service (each a “UGCS”), (iv) personal web page, (v) online software library, (vi) third party’s systems, data, network or network traffic, all including but not limited to denying service attacks, overloading a service or system, “flooding” (deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text or other content), hacking or attempting to crash a host system
        • Harassing or threatening other users or groups or any Diallog Group Member in any way
        • Anything which can reasonably be considered defamatory in any way
        • Forging or fraudulently utilizing, adding, removing or modifying any TCP-IP packet header or any part of the header information or making any reference to the Services or Diallog without our express prior written consent
        • An Internet services provider business or operating a server in connection with the Services without our consent
        • Exporting or transferring, whether directly or indirectly, any regulated item or information to anyone outside Canada in violation of any export control laws, statutes and regulations of the government of Canada or any other applicable jurisdiction in which You operate or conduct business
        • Posting, transmitting or distributing any content which contains a virus, “cancelbot”, “Trojan horse”, “worm”, bomb, lock, key  or other harmful, limiting or disruptive component
        • Posting, transmitting, uploading, downloading, reproducing or distributing any content in violation of any strictures of confidentiality, intellectual property rights (including for derivative works) or privacy rights which may apply to the content and your use, collection or disclosure of it (including but not limited to misappropriation of personality, linking or framing)
        • An unattended automated operation, including but not limited to point-of-sales applications or simulating network activity to avoid session inactivity disconnection
        • Engaging in account sharing, including allowing unauthorized third parties to use the Services
        • Using another site’s mail server to relay emails or running a server using the Services
        • Posting ten (10) or more messages, similar in content,  to any UGCS, or any other message (including advertising or soliciting) to such UGCS which, in each case, is contrary to the charter, policies, FAQs or rules of any such UGCS, including any limitations on daily volume, file size, participation and format restrictions of any UGCS
        • Forging or otherwise obscuring your identity (other than a nickname) while participating on a UGCS
        • Seizing or abusing operator privileges
        • Simultaneous sessions using the same user ID and password
        • Using any of the Services or Diallog’s content for any commercial purposes except as authorized by us
        • Altering, reproducing or tampering with the Services or any function, component or identifier of your equipment, such as the electronic serial number (ESN) or international mobile equipment identity (IMEI) that is not meant to be altered, reproduced or tampered with
        • Creating an unusually large burden on Diallog’s networks which may affect or impede other users’ abilities to utilize their services from us and/or violating any restrictions on bandwidth, data storage and other limitations on your Services
        • Disrupting any backbone network nodes or network service
        • Port scanning a person’s computer or wireless device without the person’s consent

Diallog may suspend or terminate the Services immediately in the event of a violation of the AUP and may also, at its sole discretion, refuse to post or remove any content, in whole or in part, which it deems to be in violation of the AUP.  We reserve the right to report illegal activities to government authorities and to assist them fully in any lawful prosecution or investigation. You are solely responsible for use of the Services and for access to or use of content which You provide, use or acquire while using the Services, and for obtaining any requisite legal permissions for use of content.  In this AUP, “content” refers to all forms of communications, including but not limited to text, graphics, photographs, illustrations, images, drawings, logos, executable programs, audio recordings and audiovisual recordings.  You are responsible for ensuring that your computer system, at all times during the term Services are provided to You, meets Diallog’s stated minimum requirements for provisioning of the Services. You are to check any programming scripts used in your website for potential “buffer-overrun”  security risks and You are solely responsible for any loss of information or downtime resulting because You failed to do so.  Diallog shall not at any time be responsible to monitor the content of any UGCS and Diallog Group shall at no time for any reason by liable for any Losses arising out of or relating to the content on any UGCS. You are best equipped to deal with the risks of your use of the Services.  Diallog will not take on any responsibility or assume any liability for your acts or omissions in using the Services.  An individual who has the ability to access your account or the Services can cause damage, incur expenses and enter into contractual obligations while using the Services.  These are all your responsibility, as is the implementation and maintenance of effective account and password protection and other security measures which a reasonable person would implement and maintain to deter inappropriate use of the Services, including security measures for any device which You choose to connect to the Services, and any data stored on that device.  Diallog Group will assume no liability or responsibility, whether in contract, tort or through statute, for any damages you may sustain due to compromised security. Diallog has no obligation to monitor your use of the Services or your account, however we do have the right to do so from time to time and, at our discretion, we may disclose any information about You that our suppliers may require or that is required to be disclosed at law and You consent to any such disclosure.   Diallog cannot guarantee privacy.  Your messages or content may be subject to interception by unauthorized parties.  We recommend that the Services not be used for transmitting confidential information.  Any such use shall be at your sole risk and the Diallog Group shall be relieved from all liability in connection therewith. Diallog reserves the unilateral right to manage our networks in order to optimize their efficiency for the benefit of all of our customers, and without limitation, we may engage in (i) rate limiting, (ii) rejection or removal of spam or unsolicited bulk e-mail, (iii) use of anti-virus mechanisms or tools, (iv) protocol filtering. Our preference will be to communicate with You if a violation of the AUP has taken place and allow for the possibility of remediation by You.  However, we are not bound to do so and nothing in this AUP limits Diallog’s actions or remedies in any way with respect to any of the foregoing activities or violation of this AUP by You.  We may take any and all additional actions we deem appropriate to deal with any violation by You of the AUP, including but not limited to recovering from You the costs and expenses of identifying offenders and removing them from access to or use of the Services, and any other rights and remedies available to Diallog at law or in equity. Complaints regarding email or Usenet abuse, spam or illegal use of the Services, or network security issues may be sent to aup.abuse@diallog.com.