From time to time Broadline Networks Inc. (Broadline Networks),(Broadline) may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are available upon request. The AUPs are not exhaustive and Broadline Networks reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.broadlinenetworks.com/legal/aup/ or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action, as Broadline Networks deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits are issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM BROADLINE NETWORKS. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS BROADLINE NETWORKS' POLICY TO TERMINATE REPEAT INFRINGERS. BROADLINE NETWORKS RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labour used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $125 CAD per hour. Inquiries regarding security matters may be directed to Network Security support@broadlinenetworks.com

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Broadline Networks may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Broadline Networks. Such labor is categorized as emergency security breach recovery and is currently charged at $125 CAD per hour. Inquiries regarding security matters may be directed to Network Security support@broadlinenetworks.com Broadline is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Broadline Networks urges its customers to assume that all of their online communications are insecure. Broadline Networks cannot take responsibility for the security of information transmitted over Broadline Networks' facilities.

Password Protection

The customer is responsible for protecting their password(s). The customer will not use or permit anyone to use Broadline Networks' service to guess passwords by brute-force or other means or to access other systems or networks without authorization

Internet Etiquette

The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Broadline Networks may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, and torturous, indecently depicts children, or is likely to result in retaliation against Broadline Networks by offended users. Broadline Networks reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC, USENET, instant messengers or any other medium.

Copyright Infringement

Software Piracy Policy - The Broadline network may be used only for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Canadian, or provincial regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating international copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law. Broadline Networks will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility

Customers have a responsibility to use the Broadline network responsibly. This includes respecting the other customers of Broadline Networks. Broadline Networks reserves the right to suspend and or cancel service with any customer who uses the Broadline Networks network in such a way that adversely affects other Broadline Networks customers. This includes but is not limited to: Attacking or attempting to gain unauthorized access to servers and services that belong to Broadline Networks or its customers (i.e. computer hacking), and/or Participating in behavior which results in reprisals that adversely affects the Broadline Networks network or other customers' access to the Broadline network. Broadline Networks will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, and security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Broadline Networks customer, whether or not the attacked account or computer belongs to Broadline Networks, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Broadline Networks is strictly prohibited. Violations of this policy, depending on jurisdiction, may be reported directly to the RCMP's Technological Crime program at http://www.recol.ca. Broadline Networks will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. You give express consent to the disclosure of such information in the event of a violation of this policy.

Security Responsibility

All customers are responsible for maintaining and upgrading any software that is deemed unfit or unsafe by Broadline's Network Security Team. Notification will be made to any customer running exploitable/vulnerable software by the Broadline Network Security Team. This includes but it not limited to your operating system, patches, services, libraries, etc. If you receive an email Broadline's Network Security Team, containing [URGENT] in the subject line, you must complete upgrades stated in the email body in 48 hours or less or your account may be suspended until the problem is rectified. If you receive Email from Broadline's Network Security Team, containing [REQUIRED] in the subject line, you must complete upgrades in 72 hours or less or your account may be suspended until the problem is rectified. If you receive Email from Broadline's Network Security Team, containing [RECOMMENDED] in the subject line, we highly recommend this upgrade but it is not mandatory. One vulnerable server is inherently dangerous to the entire network. If a server is being used in a DDoS (distributed denial of service attack), it can affect all customers on a network. As such we reserve the right to shut down any systems that are involved with any sort of DDoS attack, until such a time that the system can be declared safe and clean.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by 5/7 trade secret and other statute or dissemination of harmful or fraudulent content. Using any Broadline Networks service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Broadline Networks services or products is prohibited. Using the Broadline network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be distributed legally, even without the act of distribution, is prohibited. Servers hosted within Broadline's network are open to the public. You are solely responsible for your usage of the Broadline network and servers, all traffic going in and out of your switch port, and any statement you make on servers hosted within the Broadline network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Child Pornography on the Internet

Broadline Networks will cooperate fully with any criminal investigation into a Customer's violation of the Criminal Code, Canada concerning child pornography or any other suitable act in terms of jurisdiction. Customers are ultimately responsible for the actions of their clients over the Broadline network, and will be liable for illegal material posted by their clients. According to the Criminal Code, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of Criminal Code will be reported to the RCMP.

IP Address Overlap

Broadline Networks administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Broadline Networks staff. Any server found using IP's which were not officially assigned, will be suspended from network access until the IP address overlap can be corrected.

IP Address Control

Broadline Networks retains all reversing control over all IP addresses without exception. DNS reversing requests can be made by emailing dns@broadlinenetworks.com

IRC

Broadline Networks permits the use of IRC (Internet Relay Chat) clients inside the Broadline network as long as no other terms of this AUP are violated. Broadline reserves the right to prohibit IRCDs (IRC servers). We filter all common IRCD ports by default. Written permission must be gained from Broadline Networks to run an IRCD.

Billing

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension

If Broadline Networks in its sole discretion determines that a customer's server has become the source or target of any violation concerning the Broadline Networks Acceptable Use Policy (AUP), Broadline Networks reserves the right to suspend network access to that server. While Broadline Networks will attempt to contact the customer prior to suspending network access to the customer's server(s), prior notification to the customer is not assured. In certain cases, Broadline Networks will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers before, during and after the suspension period.

Cancellation

Broadline Networks reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Broadline if Broadline institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer (i.e. transfer, space, etc.).

Indemnification

Broadline Networks wishes to emphasize that in signing the Services Agreement or its equivalent; customer indemnifies Broadline Networks for any violation of the Services Agreement or its equivalent, law or AUP that results in loss to Broadline Networks or the bringing of any claim against Broadline Networks by any third-party. This means that if Broadline Networks is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Broadline Networks, plus costs and reasonable legal fees.

Disclaimer of Responsibility

Broadline Networks is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Broadline Networks disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All Sub-Networks, resellers and managed servers of Broadline Networks must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

Last Modified March 24th, 2011