Integrity Access - Acceptable Use Policy

The annotations on this document are meant to add clarification to the terms and conditions of Internet Access through the Integrity Access facilities. This document can change from time to time and should be reviewed on occasion. Annotated information should be considered as a guideline, and is not intended to be all-inclusive. The author gratefully acknowledges the word smithing efforts of other ISPs for their efforts in publishing AUPs that contributed to this one.

Violations, queries, and information regarding the Integrity Access Acceptable Use Policy should be addressed to sales@west-teq.net

SCOPE

This document replaces all previous documents including to but not limited to previous registration agreements, online registrations, and any other method used or developed to grant access to the Integrity Access Network.

This Policy applies to:

All components of Integrity Access, including all subsidiaries, trade styles and related concerns;

All customers, clients, employees, advisors, and agents of, and all authorized third parties that require the use of, and are granted access to the Integrity Access network;

All Information Systems Environments operated by Integrity Access or contracted with a third party by Integrity Access. The term "Information Systems Environment" defines the total environment and includes, but is not limited to, all documentation, physical and logical controls, personnel, software, hardware (e.g. distributed, desktop, network devices), and information.

The Internet is a vast network of computers that allows an individual user on the network to share the resources of other computers. This sharing of resources creates a "community" and when you use Integrity Access to access the Internet you become a member of two communities. You become part of the community of Integrity Access, which includes our network and customers, and you become a part of the larger community of networks and users on the Internet.

Access to the Internet through Integrity Access is a privilege, not a right, and carries with it certain responsibilities and duties.

Our goal in establishing this Acceptable Use Policy (AUP) is to protect both our users and the larger Internet community from the consequences of irresponsible use of Integrity Access accounts and resources. Integrity Access' AUP

a. chiefly prohibits acts that are illegal,

b. that violate generally accepted standards for online behavior,

c. or that misuse Integrity Access' resources to the detriment of other users.

All customers, clients, and users of the Integrity Access network are required to comply with this Policy.

All violations of the Acceptable Use Policy will be reviewed for appropriate action that could include termination of access. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Integrity Access intends to provide its clients, customers, and users access to everything the Internet has to offer. While Integrity Access is firmly committed to the principles of free speech, certain activities are damaging to the resources of both Integrity Access and the Internet and cannot be permitted under the guise of free speech.

The resources of Integrity Access and the Internet (general) are limited, and abuse of these resources by one user has a negative impact on the entire community.

Internet access accounts are defined as follows:

Non-Dedicated Dial-up Connection (Unlimited)

Defined as a client based single-user attended access account. (Attended access is defined as interactive use of an established Internet connection by the account holder only.) Interactive use requires the physical presence of the account holder for the account to be considered attended access.

Pings , bots, and auto-checkers used to keep connections running are prohibited.

Use of a non-dedicated dial-up connection for the purpose of running any type of Internet server (Web, Chat, FTP, etc.) or connection of a multi-user local area network (LAN) or the use by multiple users connecting to the Internet is expressly prohibited.

The use of Dial-Up Connections in a manner inconsistent with a single-user attended access can result in the account being assessed by Integrity Access as a dedicated dial-up connection. Integrity Access reserves the right to charge and collect the appropriate commercial fees from customer for past service provided.

Non-Dedicated Dial-up Connection (Timed)

Defined as a client based single-user attended access account. (Attended access is defined as interactive use of an established Internet connection.) Interactive use requires the physical presence of the account holder for the account to be considered attended access.

Pings , bots, and auto-checkers used to keep connections running are prohibited.

Use of a non-dedicated dial-up connection for the purpose of running any type of Internet server (Web, Chat, FTP, etc.) is expressly prohibited.

Dedicated Connection

Defined as client and/or server based multi-user attended or unattended access account.

A dedicated Internet access account connection may be utilized for the purpose of running Internet servers, such as Web, Chat, FTP, etc.

NON ASSIGNMENT

The benefits conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to the account holder. Unless expressly authorized under terms of written approval resale or use of this connection by other person or persons is prohibited

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

In general, you may NOT use your Integrity Access account:

In a manner which violates any law, regulation, treaty or tariff;

In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your Integrity Access account;

In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;

To threaten, harass, abuse or intimidate others;

To damage the name or reputation of Integrity Access , its parent, affiliates and subsidiaries;

To break security on any computer network, or to access an account which does not belong to you; or

In a manner which interferes with other customers' use and enjoyment of the services provided by Integrity Access.

Integrity Access abides by the Canadian Association of Internet Providers (CAIP) (www.caip.ca) voluntary Code of Ethics. This Code covers such issues as privacy and the extent to which we will cooperate with various law enforcement agencies.

Integrity Access Inc. reserves sole discretion to determine whether any use of the service is a violation of this policy.

FAIR USE

No Customer, Client or any other Person shall use or permit to be used the Integrity Access Services in such a manner as to prevent FAIR AND PROPORTIONATE use thereof by other Customers, Clients or Persons thereto.

If it is deemed by Integrity Access Inc., that a Customer, Client or user is utilizing his/her/their Integrity Access Services in any manner that prevents FAIR usage thereof by other Customers, Clients or Persons and/or it is deemed by Integrity Access Inc., that a Customer, Client or Person is utilizing his/her/their Integrity Access Services in any manner that is not a PROPORTIONATE usage thereof with other Customers, Clients or Persons;

Integrity Access Inc. may:

Bill the Customer the disproportionate amount. Additional billing will be in Account Increments based upon average usage.

If an account holder utilizes twice the amount of resources as the average user they will be billed for two accounts.

Limit the Customer’s use of the Integrity Access Services (Limits will be set to the upper quadrant average usage by the customer base)

Discontinue and refuse to provide any Integrity Access Services.

The impetus for the creation of an ISP was the cost involved in buying and maintaining the network operation. To solve this problem and ISP provides "shared" resources to effectively lower the overall costs. This is not a new idea, it is fundamental in industries like insurance where your payment is calculated on a proportionate basis.

Like insurance, individuals can be charged extra or denied insurance because of factors that would disproportionately increase the costs for the other participants.

ELECTRONIC MAIL

Your Integrity Access account gives you the ability to send and receive electronic mail. Integrity Access believes that electronic mail should be used for personal communication and not as a broadcast medium.

The following examples are non-exclusive and are provided for your guidance.

You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.

Individuals who are operating their own mail servers should ensure that their systems are secured against external relaying to prevent abuse of resources.

Individuals who maintain mailing lists should ensure that their mailing list software requires confirmation of subscription to prevent malicious subscriptions to lists by third parties.

You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers.

Forging, altering or removing electronic mail headers is prohibited.

You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").

You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages.

You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.

Integrity Access accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.

If you use the services of another provider to promote a web site hosted by or through Integrity Access, then the provisions of this Acceptable Use Policy shall apply to the methods used to promote such site.

Not every "flame" message or angry exchange of email or newsgroup posting can automatically be considered harassment. Integrity Access is not responsible for the content or tone of any email or other transmissions of the subscribers to its service or other parties using the Internet. Subscribers or others should not expect that Integrity Access will attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. The Internet is a network intended for use by mature, adult users. All users should recognize this principle and undertake at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users, groups, and networks. We expect and appreciate the use of common sense and good judgement while using the network.

NEWSGROUPS

Your Integrity Access account gives you access to thousands of newsgroups. These newsgroups allow you to read and post messages on a variety of topics. Newsgroups may be moderated or unmoderated. Newsgroups may also have a charter or a FAQ that describes what subjects are appropriate for each newsgroup. Misuse of newsgroups may result in the termination of your service.

Integrity Access provides an uncensored newsfeed. As such, Integrity Access does not control the content of the newsgroups available to you. Integrity Access believes that decisions about which newsgroups and messages to read are best left to its customers. Screening software is available from third parties, and it is your responsibility to use such tools if desired. Integrity Access is not responsible for the content of any newsgroup message, whether or not the message was posted by a Integrity Access customer.

Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. If you are unable to find a newsgroup's policy regarding commercial messages, you must assume that such messages are not welcome.

You may not post or cross-post the same or substantially similar message to more than 5 newsgroups. Continued cross-posting can result in termination of service and the cancellation of the message.

You may not post binary files to newsgroups not specifically named for that purpose.

You may not post messages promoting pyramid schemes, "Make Money Fast" (MMF) schemes, chain letters, or other schemes to newsgroups. Doing so will result in immediate termination of service.

You may not forge or remove header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

You may not solicit mail for any address other than your Integrity Access Service account or service where doing so manifests an intent to harass others.

You may not post messages for the purpose of threatening, harassing or intimidating others.

You may not post messages which infringe on personal or property rights of others (privacy rights or copyrights, for example).

You may not cancel messages other than your own, with the exception of official newsgroup moderators performing their duties.

Integrity Access does not censor or control content posted to a newsgroup. As a user of our service, you are solely responsible for the content that you publish. Integrity Access, upon receiving notification that certain posts violate this policy, or any provincial or federal law, or infringe on the trademarks or copyrights of another, reserves the right to remove such posts from our news server and to terminate your account.

HOMEPAGE, WEB PAGES, WEB SITES

A dial-up account with Integrity Access provides the option of a personal homepage. Personal home pages cannot contain commercial content. Integrity Access reserves the right to charge and collect the appropriate commercial fees from customer for past service provided. Integrity Access's determination of fact of 'commercial use' of an account is final and will be made on a case-by-case basis.

The customers, clients or users are solely responsible for any information contained on their homepages, web pages or web sites. However, if complaints are received regarding language, content or graphics contained on your homepage, web pages, or web sites, Integrity Access may, at its sole discretion, remove the homepage, web pages, or web site hosted on Integrity Access servers and terminate your service and/or your access.

You may not use your personal home page site to publish material that Integrity Access determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).

Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.

Objectionable content is otherwise legal content with which Integrity Access concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

EXTRA E-MAIL BOXES

Your account with Integrity Access provides the option to purchase Extra E-mail Boxes service. All provisions of the Acceptable Use Policy apply to your use of Extra E-mail Boxes service; in particular, please note the Electronic Mail, Newsgroups, and Security section of this policy. Misuse of Extra E-mail Boxes service may result in the termination of your account.

As the primary account holder, you are responsible for all account activity. If a Secondary mailbox or mailbox alias is involved in a violation of the Acceptable Use Policy, your account, including all Secondary mailboxes and mailbox aliases may be terminated. A terminated account will result in lost e-mail and Internet access for all users of your account. Therefore, it is important that you make sure everyone you allow to use your account or a Secondary mailbox or mailbox alias understands all terms of this Acceptable Use Policy and the consequences of violations.

SECURITY

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

For security purposes the listed account holder, and/or the listed account administrator are the only authorized individuals that may request edits, changes, or information for the account. Authorization to release information and/or edit and/or make changes from anyone other than the listed account holder and/or the listed account administrator must be received in writing.

Your password provides access to your account. It is your responsibility to keep your password secure.

Passwords must contain at least six characters, and should contain at least one number or symbol, should contain both uppercase and lowercase letters, and should not be based on any word found in the dictionary or on any personal information (name or birth date, for example). Your password should not be the same as your userid.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Integrity Access will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

BILLING

All Integrity Access Accounts are monthly accounts and are prepaid. Charges for new accounts are prorated to accommodate the billing cycle. The billing cycle runs from the first of the month to the last day of the month. Charges for terminating accounts are not prorated.

Charges for usage by customer beyond the base amount of usage contained in customer's service plan shall be billed the following month along with base charges for the coming month.

Volume discounts for bulk purchases of monthly connectivity services remain in effect for the total length of the term, otherwise, full fees will apply.

Payment is due by the first of the month or upon receipt of any invoice.

Prepaid amounts that are refunded are subject to a $25.00 service charge and are billed at current monthly rates for the portion of the timed used. Full refunds are available within the first seven (7) days excepting for violations of the Acceptable Use Policy.

Integrity Access may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein.

Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle, and are subject to a 10% per month service charge.

Accounts that are delinquent for two accounting cycles are put on "accounting hold" their files archived and access denied. . Integrity Access accounts continue to accrue charges while they are on hold. Accounts that are unpaid for three accounting cycles have their files purged

There is a service reconnection charge equal to one half the currently charged set-up fee, or ten dollars, whichever is greater, to remove accounts from accounting hold status.

The account holder acknowledges responsibility for the account until payment in full is made.

There is a $25.00 service charge for each returned checque.

ACCOUNT CANCELLATIONS

Cancellation requests for Integrity Access accounts must be received in writing via fax, email or postal service one month prior to the next billing cycle.

TECHNICAL SUPPORT

Integrity Access will only be responsible for the Internet software that is included with the Integrity Access installation packages for standardized hardware. Internet software that has not been provided by Integrity Access or systems that are not standardized are not the responsibility of Integrity Access either for support, functionality or replacement.

The User agrees to obtain

A basic knowledge of their computer’s operating system, configuration and interface.

A basic knowledge of the Internet and its operating principles and procedures.

NETWORK PERFORMANCE

Integrity Access accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner, which impairs network performance, is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs that negatively impact other customers or the performance of Integrity Access systems or networks. Integrity Access reserves the right to terminate or limit such activities.

You may not provide network services from your dial up account (for example, you may not use your account to operate an ftp or a web server).

Messages left on Integrity Access's mail servers for more than forty-five (45) days are subject to immediate deletion.. Total mailbox storage is limited to five megabytes without regard to the age of messages in the mailbox. Once the five-megabyte limit is exceeded, any incoming messages will be returned to the sender until the subscriber reduces mailbox size by removing mail from the server.

You may not employ automated electronic or mechanical processes designed to defeat network inactivity time-outs. Such tools include, but are not limited to, use of an auto-dialer and repetitive pinging of a host.

INTERNET RELAY CHAT

Although Integrity Access does not offer software or technical support for Internet Relay Chat (IRC), you may use your account to connect to IRC servers and networks maintained by third parties. Please remember that you are a guest when you make use of these facilities. It is particularly important that you do not engage in activities that might interfere with other customers' access to IRC.

You may not use IRC scripts or programs that interfere with or deny service to other users on any other server, host, network or channel.

You may not engage in activities that harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service), "flashing" (disrupting terminal emulation), "takeovers" (improper seizing and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors.

You may not attempt to impersonate other users. The use of nicknames does not constitute impersonation.

You may run "clones" (multiple simultaneous IRC connections) and "robots" only as permitted by the host IRC server.

PENALTIES

Abuse of the system by a user generally costs Integrity Access time, money and resources. It is not fair that this additional cost should be borne by the other customers of Integrity Access. A minimum service fee of $500.00 will therefore be applied to the users account. Account holder and user further agree to pay Integrity Access reasonable collection and attorney fees on service charges shown, without regard to further legal action taken by Integrity Access to recover other or related consequential damages suffered by account holder or user's actions.

LIMITATION OF LIABILITY

ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.

Integrity Access is not responsible for Customer's files residing on the Integrity Access network. Customer is responsible for independent backup of all such data at a site determined by customer.

Integrity Access cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet.

Integrity Access is in no way responsible for any data loss or damage arising from viral infection from the Internet.

Integrity Access and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to:

your inability or failure to perform research or related work or to work properly or completely, or

any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, Integrity Access’s Internet Services. Integrity Access will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions.

Use of any information obtained via Integrity Access’s Internet Services is at your sole risk.

Integrity Access specifically disclaims any responsibility for the accuracy or quality of information obtained through Integrity Access’s Internet Services.

As a user you are warned that some Internet sites accessible via the Integrity Access network allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Integrity Access is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material.

It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent.

Integrity Access network services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright.

You agree to indemnify and hold harmless Integrity Access (AKA 941704 Alberta Ltd.) from any claims resulting from your use of the service that damages you or another party.

Any access to other networks through the Integrity Access network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise.

Integrity Access and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided.

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Integrity Access be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if Integrity Access has been informed of the possibility of such damages, or for any claim by any other party.

OPERATION

Integrity Access reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to this Acceptable Use Policy will be posted to this Integrity Access Web page. Customers are encouraged to review the current Acceptable Use Policy on a regular basis. Customer's use of Integrity Access network after such notice shall constitute Customer acceptance of such modifications.

Customer understands that Integrity Access services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse.

Customer understands that it may not receive advance notification of any such interruption of service.

There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration. At its sole discretion, Integrity Access may elect to provide a pro rata or additional/extension of service refund for service interruptions of greater than 24 hours.

Integrity Access reserves the right at its sole discretion to delete any information entered into Integrity Access network computer systems by Customers. Integrity Access and its authorized representatives shall retain the right, but shall not be obligated, to review/accept/reject publicly viewable information.

Integrity Access reserves the right to disconnect non-dedicated dial-up connections with inactivity for more than 15 minutes ("time-out"). Non-dedicated dial-up connections may not be utilized as a dedicated connection, and Integrity Access reserves the right to disconnect non-dedicated dial-up connections exceeding 5 hours in connection duration.

Integrity Access reserves the right to delete Customer's files, including but not limited to Web page(s) and email, for which a storage fee has not been paid and which have not been accessed for more than one (1) month.

Integrity Access reserves the right to refuse and/or terminate service to anyone or any entity for any reason at its sole discretion with or without notice.

The owner of this document is the Network Operations Centre (NOC) of Integrity Access

Network Operations Centre
Acceptable Use Policy
Integrity Access
PO Box 5672
Westlock , AB T7P 2P6
780-349-6610
1-866-699-9033 Toll Free
Email: sales@west-teq.net

Jan / 2003