Acceptable Internet Service Use Policy
The NISA Internet Technologies Inc. ("NISA") acceptable service use policy
(AUP) focuses on a responsible use of the Internet and its resources, and
avoiding practices which degrade the usability of the network for all
Internet users.
POLICIES
While the actual policy is stated below in full, the key themes can be
summarized as follows. The full policy must be reviewed to understand the
acceptable use terms.
NISA's services must be used for lawful purposes only.
Customers shall not transmit; copyright material without consent of the
copyright owner; material legally judged to be threatening or obscene;
third party material protected by trade secret.
Customers that participate in the mass distribution of unsolicited e-mail
/ newsgroup messages, will be dealt with immediately.
The Customer may not circumvent user authentication or security of any
host, network, or account.
The Customer agrees to not, through its own operations, cause
disturbances, outages or other problems which may affect NISA's network or
network based equipment, or which may adversely affect NISA's ability to
provide services.
NISA reserves the right to, at its sole determination and without notice,
remove any material or data and to block the use of the network for one or
more users when their use or purpose does not meet the AUP.
For purposes of this AUP, a "customer" is defined to include the
organization with which NISA has a service agreement or contract. A
"customer" shall also be responsible for the Internet services use of any
subsidiaries, affiliates, partners, suppliers, and otherwise clients that
directly or indirectly utilize NISA services provided to the customer.
The Customer may only use NISA services for lawful purposes. The use of
the NISA network or systems in violation of any Canadian or international
legislation or regulation is prohibited. This includes, but is not limited
to, transmission of copyright material without consent of the copyright
owner, material legally judged to be threatening offensive, or obscene,
and third party material protected by trade secret, whether or not the
Customer was aware of the content of the material or of the relevant law.
NISA will fully co-operate with investigations of suspected criminal
violations, violation of systems or network security under the leadership
of law enforcement authorities.
The Customer will indemnify and hold NISA harmless from any claim brought
by third parties alleging that use of NISA services by the Customer has
infringed any applicable Canadian or international legislation or
regulation. The Customer shall defend and pay all costs, damages, awards,
fees (including reasonable legal fees) and judgments finally awarded
against NISA arising from such claims. The Customer shall give NISA notice
of any claim the Customer is involved with or aware of. NISA will
cooperate with other online and Internet service providers to discourage
and resist abuses of acceptable use policies. NISA reserves the right to
take corrective action upon notification to NISA of unacceptable use by
the Customer on other networks. NISA reserves the right to, at its
discretion and without notice, remove any material or data and to block
the use of the network for one or more users when their use or purpose
does not meet the AUP.
The Customer may not circumvent user authentication or security of any
host, network, or account (referred to as "cracking" or "hacking"), nor
interfere with service to any user, host, or network (referred to as
"denial of service attacks"). Customers are forbidden to send e-mail to
any person who does not wish to receive it. It is explicitly prohibited to
send unsolicited bulk mail messages ("junk mail" or "spam") of any kind
(commercial advertising, political tracts, announcements, etc.) or to post
the same or similar messages to large numbers of newsgroups (excessive
cross-posting or multiple-posting, also known as "USENET spam"). Customers
caught spamming on NISA's network, or who persist in the mass distribution
of unsolicited e-mail messages, will be dealt with immediately under a
zero tolerance policy.
The NISA services may be used by the Customer to link into other networks
worldwide and the Customer agrees to conform to the acceptable use
policies of these networks. The Customer agrees to not, through its own
operations, cause disturbances, outages or other problems which may affect
NISA's network or network based equipment, or which may adversely affect
NISA's ability to provide services.
NISA reserves the right to, at its discretion and without notice,
automatically filter, disconnect and/or deny access to any NISA customer
who violates this policy. This remedy shall also be applied when the
Customer has engaged in any of the foregoing activities by using the
service of another provider, but channeling such activities through a NISA
account, remailer, or otherwise through a NISA service or using a NISA
account as a maildrop for responses or otherwise using the services of
another provider for the purpose of facilitating the foregoing activities
if such use of another party's service could reasonably be expected to
adversely affect a NISA service. NISA reserves the right, where feasible,
to implement technical mechanisms which block multiple postings as
described above before they are forwarded or otherwise sent to their
intended recipients.
Nothing contained in this policy shall be construed to limit NISA's
actions or remedies in any way with respect to any of the foregoing
activities, and NISA reserves the right to take any and all additional
actions it may deem appropriate with respect to such activities, including
without limitation taking action to recover the costs and expenses of
identifying offenders and removing them from the NISA service, and levying
cancellation charges to cover NISA's costs in the event of disconnection
of dedicated access for the causes outlined above. In addition, NISA
reserves at all times all rights and remedies available to it with respect
to such activities at law or in equity.
The AUP is subject to change. If you have any questions regarding NISA's
acceptable service use policy, please contact admin@NISA.net. To report a
suspected breach of NISA's acceptable service use policy, please contact
abuse@NISA.net.
Should NISA's network be utilized for the purpose of spamming, the
offending party (whether a customer by definition of this AUP or any other
person, company or organization) recognizes and agrees that NISA, at its
sole discretion, may bill the party responsible for spamming (as well as
any other entity or person associated with the spam or the offer contained
within it) for the costs involved in cleanup, support, bandwidth and
server usage, complaint response, and any other charges relating to the
spam up to a maximum of $500 USD per unauthorized message sent into or
through NISA's servers or via NISA's network. Email messages falling under
this category are those that are sent (bulk or not) without authorization
by NISA, its customers, or the recipients of the messages.
Spammers shall be considered any person or entity that matches any one or
more items below:
-
uses NISA's servers or any server on NISA's network to relay bulk email
without NISA's permission
-
uses a purchased mailing list to email customers using or forging an email
address located on NISA's servers or any server on NISA's network or
advertising a website located on NISA's servers or any server on NISA's
network
-
cultivates email addresses for a mailing list without specifically
notifying the user that their email address is being used for a such a
purpose and not using a method deemed adequate by NISA for ensuring that
the user that signs up for a mailing list is the owner of the email
address (opt-in with email verification)
-
does not have an adequate automated method to allow users to remove their
email address from a mailing list
-
does not utilize some method to regularly clean out their mailing list of
old and expired email addresses.
As well, and without further notice, NISA may cause email and access to
offending spammer's websites to be blocked to prevent further unauthorized
access to NISA's mail servers and client's mailboxes.
NISA's clients are also subject to NISA's Terms and
Conditions of service.
