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TERMS OF USE
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Baudoux Communications INC.™ ACCEPTABLE USE POLICY
Baudoux Communications Inc. may modify this Acceptable Use Policy at any time without
notifying its users. For this reason, Baudoux Communications Xpress Internet users should
consult the Baudoux Communications website at www.Baudoux.ca/termsofuse regularly to ensure
that their actions are in compliance with the most recent version of the Acceptable Use Policy.
In the event of any conflict between this Acceptable use Policy and Baudoux Communications's
Terms and Conditions of Use, this Acceptable Use Policy will govern.
You agree that, if any portion of this Policy is held invalid or unenforceable, that portion
will be construed consistent with applicable law as nearly as possible, and the remaining
portions will remain in full force and effect.
Baudoux Communications Inc. provides a variety of Internet Services (the Services) to residences
and businesses (the Customer).
1.0 Introduction
1.1 This Acceptable Use Policy is designed to foster an online environment of mutual respect
in which everyone is able to enjoy the benefits of Xpress Internet service. We believe that
the restrictions set out in this Acceptable Use Policy represent a fair balance between the
freedom of the individual and the need for some basic rules to ensure that Baudoux Communications’s
Internet access is not used in an abusive or illegal way.
1.2 Baudoux Communications Xpress users are responsible for ensuring that their accounts are used
in accordance with this Acceptable Use Policy. If Baudoux Communications has reason to suspect that
a user, or anyone using a user's account, is violating this Policy, then the account in question
may be suspended pending an investigation. If, after an investigation, Baudoux Communications determines
that an account has been used in violation of this Policy, Baudoux Communications may, in its
discretion, terminate the user account.
IF YOU DO NOT AGREE TO ABIDE BY THIS ACCEPTABLE USE POLICY PLEASE NOTIFY Baudoux Communications
CUSTOMER SERVICE IMMEDIATELY AT cs@Baudoux.ca
1.3 Baudoux Communications does not actively monitor its customers use of its services. Baudoux Communications relies on its users to govern themselves and to protect the integrity of the
network by reporting any violations of this Acceptable Use Policy to cs@Baudoux.ca
1.4 Baudoux Communications has the right, but not the obligation, to investigate any violation or
alleged violation of this Acceptable Use Policy, including the right to examine any information
or material on Baudoux Communications’s servers.
1.5 Baudoux Communications has the right, but not the obligation, to remove any content that
it deems, in its sole discretion, to be in violation of any part of this Acceptable Use Policy.
1.6 Baudoux Communications has the right, but not the obligation, to take any steps it deems
necessary to prevent violations of this Acceptable Use Policy from occurring.
1.7 The failure of Baudoux Communications to enforce this Policy, for whatever reason,
shall not be construed as a waiver of any right to do so at any time.
2.0 Illegal Activities
Baudoux Communications Xpress Internet users must not use Baudoux Communications’s Internet service to encourage, facilitate or engage in any illegal activities, including, without limitation:
(a) defamation: posting or transmitting any material which is defamatory under any applicable law;
(b) fraud: posting or transmitting any information that you know or ought to know is false, and that you intend others to rely on;
(c) unlawful material: posting or disseminating unlawful material
(d) false advertising: posting or transmitting any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations;
(e) copyright violation: posting or transmitting any information, software, photograph, video, graphic, music, sound and other material in violation of another person’s copyright; and
(f) trade-mark violation: posting, transmitting, displaying or using any words or symbols that violate any other person’s rights in its trade-mark or trade-name.
3.0 Electronic Mail
3.1 Baudoux Communications Xpress Internet users must not use Baudoux Communications’s e-mail to:
(a) send unsolicited bulk e-mail (so-called "Spam");
(b) send, or cause to be sent, large volumes of unsolicited e-mail to a single or multiple people or entities (so-called "E-Mail Bombing");
(c) repeatedly send e-mail to any person or entity who does not wish to receive it. If a recipient asks to stop receiving e-mail from an Baudoux Communications user, then that Baudoux Communications user must not send that person further e-mail; and
(d) subscribe to any e-mail list or service on behalf of a third party without that third party’s consent.
3.2 Baudoux Communications Xpress Internet users must not engage in any of the activities described in
paragraph 3.1 from another provider’s e-mail service and use a Baudoux Communications account as an
e-mail return address or "drop" for responses.
3.3 Baudoux Communications Xpress Internet users must not forge, alter or remove any e-mail header.
Any e-mail address at the Baudoux.ca domain is the property of Baudoux Communications Inc. and
may be terminated or re-assigned without notice.
4.0 Security, Privacy and "Hacking"
The Customer is responsible for any misuse of the Services that originate
from their account, even activities committed by any friend, family, co-worker, employee,
guest or anyone with access to the account. Customers must ensure that others not gain unauthorized
access to the Services.
4.1 Baudoux Communications Xpress Internet users must not:
(a) disrupt or interfere with the normal operation of Baudoux Communications’s systems, networks, or activities in any way that adversely affects the ability of other people, or systems to use Baudoux Communications’s services or the Internet, including, but not limited to:
(i) denial of service attacks;
(ii) flooding of networks;
(iii) attempts to overload a service; and
(iv) attempts to cause system crashes
(b) use any unauthorized program to connect the user to any Baudoux Communications Internet Relay Chat ("IRC") server, including, but not limited to, IRC bots or clonebots;
(c) gain access or attempt to gain access to the private systems or data of Baudoux Communications, without the prior consent of Baudoux Communications.
4.2 Baudoux Communications Xpress Internet users must not use their Baudoux Communications accounts to:
(a) circumvent or attempt to circumvent security or authentication systems on any host, network hardware, or user accounts, including, but not limited to, logging into any server, account or network without authorization and electronically probing the security of any system or network; or
(b) disrupt or interfere with the normal operation of any system or network operated by any third party, or attempt to do so.
(c) gain access or attempt to gain access to the private systems or data of any third party without the prior consent of the third party.
5.0 Usenet Newsgroups
5.1 Baudoux Communications Xpress Internet users must not:
(a) post a single article or substantially similar articles to an excessive number of newsgroups, or cross-post to an excessive number of newsgroups;
(b) post articles on a newsgroup which are off-topic according to the newsgroup charter;
(c) post binary or encoded binary files to newsgroups not specifically designated for that purpose;
(d) post commercial messages on a non-commercial Baudoux Communications newsgroup without prior approval from Baudoux Communications;
(e) engage in any of (a), (b), (c) or (d) from a provider other than Baudoux Communications or use an account of Baudoux Communications’s as an e-mail return address or “drop” for responses, or
(f) engage in any of (a), (b), (c) or (d) from a provider other than Baudoux Communications for the purpose of drawing attention to a service hosted by or on Baudoux Communications’s network.
Baudoux Communications reserves the right to discontinue access to any Usenet newsgroup at any time and for any reason.
6.0 Censorship and Adult Materials
Baudoux Communications believes in freedom of expression and the right of individuals to decide for
themselves what they want to see and listen to. Baudoux Communications does not believe it is the
place of an ISP to censor or regulate the Internet. However, users must not use Baudoux Communications Xpress Internet service to transmit or post any information or image that is criminally
obscene or otherwise prohibited under any applicable law.
Baudoux Communications assumes NO responsibility for Internet content available through the Services.
Customers are responsible for restricting access to sexually explicit material on the Internet,
by purchasing the appropriate filtering software, or by monitoring Internet use. Content questions
or complaints should be addressed to the content provider.
7.0 Miscellaneous
7.1 False Pretences. Users must not use Baudoux Communications Xpress to impersonate any
person or use a fictitious user name with any of Baudoux Communications’s services, including
in any e-mail, Usenet posting, or Internet Relay Chat (“IRC”) site. This restriction does not
preclude the use of nicknames in IRC, the use of anonymous remailer services, or postings to
any site that permits pseudonyms.
7.2 Unsolicited Advertising. Users must not use Baudoux Communications Xpress to post or
transmit any unsolicited advertising, promotional materials or other forms of solicitation
to any person except in those areas and on those websites that are designated for such a purpose.
7.3 Harassment, Threats and Abuse. Users must not use Baudoux Communications Xpress to harass, threaten,
or abuse any person or group of people by any means.
7.4 Crude or Offensive Postings. Users must not use Baudoux Communications Xpress to post offensive
or crude messages or images on publicly accessible pages or sites, except where such messages or
images are appropriate having regard to the nature of the site. Baudoux Communications has the right,
but not the obligation, to remove messages or images that Baudoux Communications, in its sole discretion,
determines are offensive.
7.5 Disruptive Conduct. Users must not use Baudoux Communications Xpress to disrupt the normal flow
of online dialogue, or otherwise act in a manner that negatively affects other users, individuals
or entities.
8.0 Bandwidth/Network Traffic and Other Limitations
You must comply with the current bandwidth/network traffic, data storage and other limitations
on the Services.
Users must ensure that their activity does not improperly restrict, inhibit or degrade
any other customer's use of the Services, nor represent (in the sole judgment of Baudoux Communications Inc.) an unusually large burden on the network itself.
In addition, users must ensure that their activity does not improperly restrict, disrupt, inhibit,
degrade or impede Baudoux Communications's ability to deliver the Services and monitor the Services,
backbone, network nodes, and/or other network services.
Customers may not resell, share, or otherwise distribute the Services or any portion thereof
to any third party. 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.
You may not provide network services to others via Baudoux Communications Xpress.
9.0 Updates
This Acceptable Use Policy is subject to change without notice. The current version of the Acceptable
Use Policy is always available at www.baudoux.ca/terms.php.
10.0 Questions and Complaints
Please direct any questions you may have regarding this Acceptable Use policy and complaints regarding violations of this
Policy by other Baudoux Communications Xpress users to cs@Baudoux.ca
This policy was last reviewed October 1, 2005.
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