The benefits and privileges available from Cablesurf Cable Internet ("Cablesurf ") and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive, enjoyable experience. This Acceptable Use Policy (the "Policy") was designed to prevent unacceptable uses of our services and equipment as well as to ensure that we are able to provide the level and quality of services that our customers expect. Each customer of Cablesurf is responsible for ensuring that the use of all services provided to such customer complies with this Policy.
If Cablesurf believes, in its sole discretion, that a violation of this Policy (direct, or indirect, including violations by a third party) has occurred, it may take responsive action. Cablesurf is entitled to remove the offending material, establish immediate or temporary filtering, deny access, suspend or terminate Cablesurf Services, or take any other appropriate action, as determined by Cablesurf , in addition to any remedies provided by any agreement to provide Cablesurf Services.
Cablesurf may investigate incidents involving violations of this Policy, and such violations may subject the customer to civil or criminal liability. In the event of a criminal violation Cablesurf will co-operate fully with law enforcement.
The customer is solely responsible for use of their Cablesurf account, regardless if such use occurred without the account holder's consent or knowledge.
Cablesurf may amend this policy at its sole discretion. The continued use of Cablesurf Services after an amended policy has been posted at www.cablesurf.com/acceptableuse.shtml will be deemed as acceptance of the amended policy.
2. PROHIBITED ACTIVITIES
Cablesurf Services must not be used for any activity that violates any local, provincial, federal, international or any other applicable law or regulation, including the distribution or storage of materials that are contrary to any applicable law or regulation. Prohibited activities include, but are not limited to:
- Infringing copyrights, trademarks, trade secrets, patents or any other type of intellectual property;
- 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;
- Transmitting offensive materials including obscene, pornographic, indecent, hateful, defamatory or otherwise objectionable material; and
- Violating the personal privacy of another individual.
Cablesurf Services must not be used to breach the security of any account, network, service, or other system of Cablesurf , or to gain unauthorized access to another network or system. Other security breaches include, but are not limited to:
- Attempting to gain access to any other person's computer, software or data, without their knowledge or consent;
- Circumventing user authentication or security of any host, network or account ("cracking" or "hacking");
- Interfering with service to any user, host or network ("denial of service attacks") including, but not limited to, mail bombing, flooding of networks, deliberate attempts to overload a service and attempts to crash a host; and
- Using or distributing tools designed to compromise security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.
Cablesurf Services must not be used to send messages (including fax and voice traffic) that have the effect of preventing fair and proportionate use of Cablesurf Services by others. Other email violations include, but are not limited to:
3. SUBSCRIBER AGREEMENT
- Sending unsolicited bulk messages, including, commercial advertising, unsolicited commercial messages, chain letters, charity requests, petitions for signatures and political or religious messages;
- Sending messages to any user who does not wish to receive it, either to a Cablesurf account holder or otherwise;
- Spamming, whereby the customer sends numerous copies of the same or substantially similar massages to many account holders, or sending large or multiple files or messages to a single user with malicious intent;
- 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 Cablesurf was involved in the transmission of such email or content;
- Altering the headers of email messages for the purpose of concealing the recipient's or sender's identity, or any other illegitimate purpose;
- Operating an unsecured email relay;
- Posting binary files to non binary newsgroups; and
- Attempting to evade filters of spamming
The customer will indemnify and hold Cablesurf harmless from any claim brought by third parties relating to the customer's use of Cablesurf Services. The customer must pay and defend all legal costs (including legal fees) arising from such claims. Upon receiving notice, the customer must immediately notify Cablesurf of any claim or potential claim involving their use of Cablesurf Services. Failure to do so gives Cablesurf the right to defend such claims at the customer's sole cost.
Cablesurf makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of Cablesurf Services for a particular purpose. Cablesurf takes no responsibility for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, including, but not limited to, loss of use, data, information or profits from delays, non-deliveries, mid-deliveries, or service interruptions, arising out of, or in connection with, customer use or access of any site.
Cablesurf may co-operate with other Internet Service Providers to discourage and resist any abuse of online procedure and policies. In the event that Cablesurf learns that one of its customers is using other networks in an unacceptable way, Cablesurf reserves the right to take corrective action against such customer.
4. CONTENT OF ONLINE MATERIAL
Cablesurf is not responsible for, and shall not be held liable for any damages resultant of any conduct, content, communications, goods and services available on or through Cablesurf Services.
5. PRIVACY OF COMMUNICATIONS
Cablesurf may at all times monitor the performance of Cablesurf Services electronically to ensure its facilities are operating properly.
The customer acknowledges that Cablesurf has the right, but not the obligation, to monitor or disclose the contents of private communications if Cablesurf , in its sole discretion, reasonably believes that such action is necessary:
6. QUESTIONS AND COMPLAINTS
- To comply with applicable law or valid legal processes;
- To protect Cablesurf 's rights or property;
- Tn emergencies where a person's physical safety is compromised; and
- To enforce the terms of this policy.
- Cablesurf is not obliged to inform the customer that such information has been disclosed or will be disclosed.
For any customers who may have questions or complaints regarding this Policy, please contact firstname.lastname@example.org.