Acceptable Use Policy
Broadband Communications North
Acceptable Use Policy ("AUP")
BCN’s goal is to provide high quality service to our customers while protecting their privacy and security. We have established this 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 BCN.
"Customer" includes any organization, individual, company, or other entity and their agent or affiliate, to which BCN (directly or indirectly) provides, services ("Broadband Communications North network").
"Broadband Communications North" includes any BCN facilities, any equipment on BCN’s side of the demarcation point or point of service, any equipment owned or provided by BCN, any services provided by or arranged by BCN and any service which is the subject of an agreement between BCN and the Customer, regardless of whether or not the user of Broadband Communications North network has a contract with BCN.
Prohibited Uses
The following uses are prohibited under this AUP. The descriptions are guidelines and are not meant to be exhaustive.
Illegal/Criminal Activity
Broadband Communications North network 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:
- infringing copyrights, trademarks, trade secrets, patents or other types 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
- violating personal privacy
Security and Integrity Violations
Broadband Communications North network 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 BCN or others.
Violations include:
- 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")
- falsifying addressing information including modifying header information of any TCP/IP packet or email 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.
- using Broadband Communications North network to violate the acceptable use policies or service agreements of others
BCN may investigate incidents involving such violations and may involve and will co-operate with law enforcement if a criminal violation is suspected.
Spamming, etc.
Broadband Communications North network 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 Broadband Communications North network by others, or in spamming, whether or not the quantity or quality of messages disrupts the facilities of BCN or others.
Violations include:
- sending unsolicited bulk messages (commercial advertising, unsolicited commercial messages, political tracts, announcements, etc.)
- sending messages with charity requests, petitions for signature, chain mail or financial scam related requests
- posting a single message, or similar messages, to large numbers of newsgroups (excessive cross-posting or multiple posting, also known as "USENET spam")
- 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 BCN was involved in the transmission of such email or content
- operating an unsecured email relay
- posting binary files to non-binary newsgroups
- attempting to evade filters of spamming
- violating accepted norms of the Internet community, whether or not expressly mentioned in this AUP
BCN’s Rights
BCN reserves the right to prohibit activities that violate this AUP or may damage its reputation.
BCN will generally not monitor private electronic mail messages sent or received by its Customers but may conduct reasonable investigation of a Customer and its equipment (i) if required by law or (ii) upon reasonable suspicion of a violation of this AUP to determine if there has been a violation or (iii) when public safety may require it. BCN may at all times monitor its performance of Broadband Communications North network electronically to determine if its facilities are operating satisfactorily.
BCN may disclose Customer information or information transmitted by means of its facilities (i) to comply with legal requirements or (ii) where necessary to protect BCN and others from harm or (iii) where such disclosure is necessary to the proper operation of BCN’s facilities. BCN 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 BCN is unable to exercise control over the content of information passing through its facilities or carried as a result of performing Broadband Communications North network and is therefore not responsible for that content.
Consequences
Violation of this AUP (direct or indirect, including by a third party) entitles BCN to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate service, or take any other appropriate action, as determined by BCN in its sole discretion, in addition to any remedies provided by any agreement to provide service. BCN may give notice of violations but BCN reserves the right to act without notice when necessary, as determined by BCN in its sole discretion. Nothing in this AUP is to be construed to limit BCN's actions or remedies in any way with respect to any of the foregoing activities, and BCN 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 Broadband Communications North service, and charging to cover BCN's costs in the event of disconnection of dedicated access or like situation. BCN may co-operate with other service providers to discourage and resist abuses of acceptable use policies. BCN reserves the right to take corrective action upon notification to BCN of unacceptable use on other networks. Broadband Communications North network may be used to link to other networks world-wide 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 BCN’s or any other network or network based equipment, or which may adversely affect BCN’s ability to provide services.
Indemnification
You will indemnify and hold BCN harmless from any claim brought by third parties relating to Customer’s use of Broadband Communications North network. You must defend and pay all damages and costs (including legal fees) arising from such claims. You must immediately notify BCN of any claim or potential claim, within the Customer’s knowledge, involving the Customer related to Broadband Communications North network. Failure to do so gives BCN the right to defend such claims at your sole cost.
Incident Reporting
To report a suspected breach of this AUP, please contact abuse@gobcn.ca
Revisions to AUP
BCN may amend this AUP according to its services agreement(s) with you. Use of Broadband Communications North network 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 service@gobcn.ca