PubNIX Inc. (“PubNIX”)

Acceptable Use Policy (“AUP”)

PubNIX’s goal is to provide high quality service to our customers while protecting their privacy and security. We have established our AUP to prevent unacceptable uses of our services and equipment and to ensure that we are able to provide the level and quality of services our customers expect.

The AUP applies to all customers of PubNIX.

1)   Definitions

a)     “Customer” includes any organization, individual, company, or other entity and their agent or affiliate, to which PubNIX (directly or indirectly) provides services (“PubNIX Services”).

b)     “PubNIX Services” includes any PubNIX facilities, any equipment on PubNIX’s side of the demarcation point or point of service, any equipment owned or provided by PubNIX, any services provided by or arranged by PubNIX and any service which is the subject of an agreement between PubNIX and the Customer, regardless of whether or not the user of PubNIX Services has a contract with PubNIX.

2)   Prohibited Uses

The following uses are prohibited under this AUP. The descriptions are guidelines and are not meant to be exhaustive.

a)    Illegal/Criminal Activity

PubNIX Services must not be used in creating, facilitating, or attempting, the intentional or unintentional criminal or civil violation of federal, provincial or other applicable law or regulation.

Violations include:

i)      infringing copyrights, trademarks, trade secrets, patents or other types of intellectual property

ii)     posting any content that threatens, advocates, promotes or otherwise encourages violence or which provides instruction, information or assistance in causing or carrying out such violence

iii)    transmitting offensive materials including obscene, pornographic, indecent, hateful, defamatory or otherwise objectionable material

iv)    violating personal privacy

b)    Security and Integrity Violations

PubNIX Services must not be used in creating, facilitating, or attempting (successfully or unsuccessfully) the violation of the security or integrity of a network, service or other system of PubNIX or others. PubNIX may investigate incidents involving such violations and may involve and will co-operate with law enforcement if a criminal violation is suspected.

Violations include:

i)      circumventing user authentication or security of any host, network or account (“cracking” or “hacking”)

ii)     interfering with service to any user, host or network (“denial of service attacks”)

iii)    attempting to evade filters or access control lists by any means

iv)    falsifying addressing information including modifying header information of any TCP/IP packet or email or instant message or web site or newsgroup posting for the purpose of concealing the sender’s or recipient’s identity or any other illegitimate purpose. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.

v)     using PubNIX Services to violate the acceptable use policies or service agreements of others.

c)    Spamming, etc.

PubNIX Services must not be used in sending a message (including fax and voice traffic) to any person who does not wish to receive it or with the effect of preventing fair and proportionate use of PubNIX Services by others, or in spamming, whether or not the quantity or quality of messages disrupts the facilities of PubNIX or others.

Violations include:

i)      sending unsolicited bulk messages (commercial advertising, unsolicited commercial messages, political tracts, announcements, etc.)

ii)     sending messages with charity requests, petitions for signature, chain mail or financial scam related requests

iii)    posting a single message, or similar messages, to large numbers of newsgroups (excessive cross-posting or multiple posting, also known as “USENET spam”)

iv)    spamming indirectly through the use of other service providers or transmitting email or content through other service providers in a way which indicates in any way that PubNIX was involved in the transmission of such email or content

v)     operating an unsecured email relay

vi)    posting binary files to non-binary newsgroups

vii)   attempting to evade filters of spamming

viii)  violating accepted norms of the Internet community, whether or not expressly mentioned in this AUP

3)   PubNIX’s Rights

PubNIX reserves the right to prohibit activities that violate this AUP or may damage its reputation.

PubNIX will generally not monitor electronic communications sent or received by its Customers but may conduct reasonable investigation of a Customer and its equipment under the following circumstances:

a)     if required by law;

b)     upon reasonable suspicion of a violation of this AUP to determine if there has been a violation;

c)     when public safety may require it;

d)     may at all times collect statistical information regarding its performance of PubNIX Services electronically to determine if its facilities are operating satisfactorily.

PubNIX may disclose Customer information or information transmitted by means of its facilities under the following conditions:

a)     to comply with legal requirements;

b)     where necessary to protect PubNIX and others from harm;

c)     where such disclosure is necessary to the proper operation of PubNIX’s facilities;

d)     PubNIX is not obliging itself to Customer to inform the Customer that Customer’s information has been disclosed or will be disclosed and in some cases may be prohibited by law from so informing.

The Customer acknowledges that PubNIX is unable to exercise control over the content of information passing through its facilities or carried as a result of performing PubNIX Services and is therefore not responsible for that content.

4)   Consequences

Violation of this AUP (direct or indirect, including by a third party) entitles PubNIX to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate PubNIX Services, or take any other appropriate action, as determined by PubNIX in its sole discretion, in addition to any remedies provided by any agreement to provide PubNIX Services. PubNIX may give notice of violations but PubNIX reserves the right to act without notice when necessary, as determined by PubNIX in its sole discretion. Nothing in this AUP is to be construed to limit PubNIX’s actions or remedies in any way with respect to any of the foregoing activities, and PubNIX reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the cost of identifying offenders and disconnecting them from PubNIX Services, and charging to cover PubNIX’s costs in the event of disconnection of dedicated access or like situation. PubNIX may co-operate with other service providers to discourage and resist abuses of acceptable use policies. PubNIX reserves the right to take corrective action upon notification to PubNIX of unacceptable use on other networks. PubNIX Services may be used to link to other networks worldwide and you agree to conform to the acceptable use policies of these networks. You agree, through your operations, not to cause disturbances, outages or other problems which may affect PubNIX’s or any other network or network based equipment, or which may adversely affect PubNIX’s ability to provide services.

5)   Indemnification

You will indemnify and hold PubNIX harmless from any claim brought by third parties relating to Customer’s use of PubNIX Services. You must defend and pay all damages and costs (including legal fees) arising from such claims. You must immediately notify PubNIX of any claim or potential claim, within the Customer’s knowledge, involving the Customer related to PubNIX Services. Failure to do so gives PubNIX the right to defend such claims at your sole cost.

6)   Incident Reporting

To report a suspected breach of this AUP, please contact abuse@pubnix.net.

7)   Revisions to AUP

PubNIX may amend this AUP according to its services agreement(s) with you. Use of PubNIX Services after due notification according to those services agreement(s), will constitute your acceptance of the amended AUP.

If you have any questions regarding this AUP, please contact support@pubnix.net.