This Acceptable Use Policy (“AUP”) is designed to help protect Bearspaw Networks, its customers, and the general telecom community from abusive or illegal activities. When using Bearspaw Networks’ Services, including related equipment and any products, content, applications, or services in conjunction with the Services, you must comply with all applicable laws, and Bearspaw Networks policies, rules, and legal terms, including this AUP. You will be responsible for all violations of this AUP traced to your account.

Prohibited Activities

Without limitation, you may not use (or allow anyone else to use) Bearspaw Networks’ Services to:

invade another person’s privacy; unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate content that is unlawful, threatening, abusive, libelous, harassing, slanderous, defamatory or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, store, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;
access any computer, software, data or any confidential, copyright-protected, or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as “packet sniffers”;
upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement) or related derivative works, without obtaining permission of the copyright owner or rightsholder;
alter, reproduce, or tamper with the Services or any function, component, or identifier of your Equipment, such as the Electronic Serial Number (ESN) or the International Mobile Equipment Identity (IMEI) that is not meant to be altered, reproduced, or tampered with;
restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet, the Services or any Equipment used to connect to the Services, or create an unusually large burden on our network, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature; distributing mass or unsolicited e-mail (“spam”); or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information; or to use the Services in an abusive manner in connection with any unlimited packages, options or promotions;
disrupt any backbone network nodes or network service, or otherwise restrict, inhibit, disrupt, or impede Bearspaw Networks’ ability to monitor or deliver the Services, Bearspaw Networks transmissions or data;
interfere with computer networking or telecommunications service to or from any Internet user, host, provider, or network, including but not limited to denying service attacks, overloading a service, improperly seizing, or abusing operator privileges (“hacking”), or attempting to “crash” a host;
attempt to use the Service in such a manner so as to avoid incurring charges for usage of the Services contemplated in your Agreement;
copy, distribute, sub-license or otherwise make available any software Bearspaw Networks provides or makes available to you, except as expressly authorized by Bearspaw Networks in writing;
resell or transfer your Services, except as permitted in your Agreement or with Bearspaw Networks’ express written consent; or
participate in any fraudulent or illegal activities;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
port scan a person’s computer without that person’s consent, or use any tools designed to facilitate these scans; or;
impersonate any person or entity, including, but not limited to, a Bearspaw Networks official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

invade another person’s privacy; unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate content that is unlawful, threatening, abusive, libelous, harassing, slanderous, defamatory or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, store, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;
access any computer, software, data or any confidential, copyright-protected, or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as "packet sniffers";
upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement) or related derivative works, without obtaining permission of the copyright owner or rightsholder;
alter, reproduce, or tamper with the Services or any function, component, or identifier of your Equipment, such as the Electronic Serial Number (ESN) or the International Mobile Equipment Identity (IMEI) that is not meant to be altered, reproduced, or tampered with;
restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet, the Services or any Equipment used to connect to the Services, or create an unusually large burden on our network, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature; distributing mass or unsolicited e-mail ("spam"); or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information; or to use the Services in an abusive manner in connection with any unlimited packages, options or promotions;
disrupt any backbone network nodes or network service, or otherwise restrict, inhibit, disrupt, or impede Bearspaw Networks’ ability to monitor or deliver the Services, Bearspaw Networks transmissions or data;
interfere with computer networking or telecommunications service to or from any Internet user, host, provider, or network, including but not limited to denying service attacks, overloading a service, improperly seizing, or abusing operator privileges ("hacking"), or attempting to "crash" a host;
attempt to use the Service in such a manner so as to avoid incurring charges for usage of the Services contemplated in your Agreement;
copy, distribute, sub-license or otherwise make available any software Bearspaw Networks provides or makes available to you, except as expressly authorized by Bearspaw Networks in writing;
resell or transfer your Services, except as permitted in your Agreement or with Bearspaw Networks’ express written consent; or
participate in any fraudulent or illegal activities;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
port scan a person's computer without that person's consent, or use any tools designed to facilitate these scans; or;
impersonate any person or entity, including, but not limited to, a Bearspaw Networks official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Violation of This Acceptable Use Policy

Bearspaw Networks will respond appropriately to allegations of violations of this AUP if it becomes aware of inappropriate use of the Services. Although Bearspaw Networks has no obligation to monitor the Services and/or network, Bearspaw Networks reserves the right to monitor bandwidth, usage, and content from time to time to operate the Services; to identify violations of this AUP; and/or to protect its network and customers.

Violation of This Acceptable Use Policy (Continued)

Bearspaw Networks will use reasonable efforts to advise you of your inappropriate behaviour and any necessary corrective action(s). Notwithstanding the foregoing, if the Services are used in a way which Bearspaw Networks and/or its suppliers or agents, in their sole discretion, believe to have violated this AUP, Bearspaw Networks or its agent may without notice take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Services. Without limitation, Bearspaw Networks may block specific ports or immediately shut down any server if you engage in one or more of the prohibited activities set out above. Additionally, you may be charged for any costs related to your breach of this AUP. Neither Bearspaw Networks nor its agents will have any liability for any such responsive actions. The foregoing actions are not Bearspaw Networks exclusive remedies, and Bearspaw Networks may take any other legal or technical action it deems appropriate.

Bearspaw Networks reserves the right to investigate suspected violations of this AUP, including gathering of information from the user(s) involved and the complaining party, if any, and/or examining any material on Bearspaw Networks servers and network. During an investigation, Bearspaw Networks may suspend, block or terminate the account(s) involved or your access to the Services and/or remove material which potentially violates this AUP. For the proper enforcement of this AUP, you hereby authorize Bearspaw Networks to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations; and (ii) system administrators at other Internet service providers or other networks or computing facilities. Such cooperation may include Bearspaw Networks providing the username, IP address, or other identifying information about you. Upon termination of any account, Bearspaw Networks and/or its suppliers or agents are authorized to delete any files, programs, data, and E-Mail messages associated with such account.

Unsolicited Messages

As set out above, the Services may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, unsolicited bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested it. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited e-mail messages sent from accounts on other Internet hosts or e-mail services that violate this AUP or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e-mail messages may not direct the recipient to any web site or other resource that uses the Services. Forging, altering, or removing e-mail headers is prohibited. You may not reference the Bearspaw Networks network (for example, by including Organization: Bearspaw Networks in the header or by listing an IP address that belongs to the Bearspaw Networks network) in any unsolicited e-mail even if that e-mail is not sent through the Bearspaw Networks network. Mail bombing is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. Bearspaw Networks is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e- mail will be returned to sender, ignored, deleted, or stored temporarily, at Bearspaw Networks’ sole discretion.

No Responsibility for Content

You may find content accessible through the Services offensive, or not in compliance with applicable law. For example, it is possible to access content that is pornographic, obscene, or otherwise inappropriate, particularly for children. Bearspaw Networks assumes no responsibility for and exercises no control over the content contained on or accessible through the Services. Content you access or transmit using the Services is accessed and transmitted at your own risk, and Bearspaw Networks is not liable for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to your access to or transmission of this content.

Newsgroups, Online Forums &Amp; Chat Programs

Messages posted to newsgroups and online forums must comply with the written charters or FAQs for those newsgroups and online forums. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups and online forums whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup or online forum before posting to it. Forging, altering, or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup or online forum. Bearspaw Networks and/or its suppliers or agents reserve the right to discontinue access to any Usenet newsgroup at any time for any reason. You may not attempt to “flood” or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup that contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Non-interactive clients that download Usenet articles in bulk are prohibited.

The Services may be used to participate in “chat” discussions. These discussions may be hosted by third party servers or may not involve any servers at all. Bearspaw Networks has no obligation to monitor the content of any chat discussions. Bearspaw Networks is not liable for any claims, losses, actions, damages, suits, or proceedings arising out of or relating to the content of any such discussions. The Services may not be used to perform chat flooding. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text. Any computer or other device connected through the Services may not maintain more than two simultaneous chat connections. This includes the use of automated programs, such as bots or clones. Automated programs may not be used when the account holder is not physically present at the device. The Services may not be used to send messages that disrupt another Internet user’s equipment, including software, hardware, and user display. The Services may not be used to access any chat server in violation of the acceptable use policy of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges that have not been authorized. You may not use the Services to connect to chat servers or channels from which you have been previously banned. The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages. Forging, altering, or obscuring your identity (other than using a nickname) while participating in chat sessions is forbidden.

Security

As set out above, you are responsible for any misuse of the Services, by yourself or by any other person with access to the Services through your equipment or your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services through any means, including without limitation, wireless networking, and wired networking. The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s equipment, software, or data, without the knowledge and consent of such person. Additionally, the Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account, including without limitation, 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, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.
The Services may be used to participate in “chat” discussions. These discussions may be hosted by third party servers or may not involve any servers at all. Bearspaw Networks has no obligation to monitor the content of any chat discussions. Bearspaw Networks is not liable for any claims, losses, actions, damages, suits, or proceedings arising out of or relating to the content of any such discussions. The Services may not be used to perform chat flooding. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text. Any computer or other device connected through the Services may not maintain more than two simultaneous chat connections. This includes the use of automated programs, such as bots or clones. Automated programs may not be used when the account holder is not physically present at the device. The Services may not be used to send messages that disrupt another Internet user’s equipment, including software, hardware, and user display. The Services may not be used to access any chat server in violation of the acceptable use policy of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges that have not been authorized. You may not use the Services to connect to chat servers or channels from which you have been previously banned. The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages. Forging, altering, or obscuring your identity (other than using a nickname) while participating in chat sessions is forbidden.

The Services also may not be used to interfere with computer networking or telecommunications services to any user, host, or network, including without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software that contains a virus or other harmful feature is also prohibited. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, Bearspaw Networks recommends against enabling file or printer sharing of any sort. Bearspaw Networks recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

Port Blocks

You agree that Bearspaw Networks may from time-to-time block specific ports to ensure the integrity and security of the Bearspaw Networks network and that Bearspaw Networks is not liable for any claims, losses, actions, damages, suits, or proceedings relating to such activities.