Effective: January 31, 2020. Click here to see the current version.
At Xplornet, we believe in being fair, simple and transparent. That includes using common sense and treating people with respect. In our experience, most people share these views and act accordingly. Unfortunately, there are always exceptions, which means we need to set out policies, rules and limits regarding your use of the Services.
We encourage all customers of Xplornet to use the Services respectfully and responsibly. Any abuse or misuse of the Services, Xplornet Equipment or our networks is a serious matter and can result in the suspension of Services or the termination of your Agreement with Xplornet, and could lead to criminal or civil liability. Xplornet may take necessary measures to protect our network and its users.
You agree that you will not initiate or participate in any of the following activities through or in connection with the Service. These activities constitute examples of improper use of the Service and are prohibited. Engaging in one or more of these practices may result in suspension or termination of your access to and use of the Service. You may not:
- Use the Service for illegal purposes or for the transmission of material that is false, unlawful, harassing, libelous, defamatory, profane, invasive of another’s privacy, abusive, bullying, threatening, harmful, vulgar, obscene, sexually explicit, hateful or otherwise objectionable; to post material, non-public information about companies, without the authorization to do so; to post or transmit third-party copyrighted works or in any way infringe on the intellectual property, personality, privacy, contractual, or fiduciary rights of others; for the transmission of junk mail or chain letters, or to distribute bugs, viruses, malware, ransomware or such other harmful elements; to post improper messages; or to violate the letter or spirit of this Agreement;
- Send any spam or commercial electronic message that violate Canada’s anti-spam law (CASL), unsolicited mass distribution of e-mail or other solicitations, or otherwise unsolicited e-mail;
- Falsify customer information provided to Xplornet or to users of the Service in connection with use of the Service or impersonate someone else, including but not limited to either a Xplornet employee or representative;
- Engage in any of the foregoing activities by using the service of another provider, but channeling such activities through a Xplornet account 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 the Service;
- Resell, share, or otherwise distribute the Service or any portion thereof to any third party, or provide network services to others via the Service;
- Improperly restrict, inhibit, or degrade any other person’s use of the Services, or restrict, inhibit, disrupt, degrade or impede Xplornet’s ability to deliver the Services and monitor its delivery of the Services;
- Install automated search and retrieve programs or similar automated and manual routines, which generate excessive amounts of net traffic;
- Circumvent any system or network security measures including but not limited to engaging in unauthorized access or use of Xplornet’s or a third party’s network, data or information. Users are not authorized to monitor Xplornet’s or third party’s data, systems or network traffic. Users are prohibited from interfering with the provision of service to any user, host or network by any means.
- Engage in any other activity which is in violation of law, or threatens the integrity of any computer system, or violates generally accepted standards of Internet conduct and usage, including but not limited to denial of service attacks, web page defacement, port and network scanning and unauthorized system penetrations, installation of any computer program on a computer system without lawful authorization, causing a computer system to send any electronic message without lawful authorization, or aiding, inducing, procuring or causing any of the foregoing.
Xplornet reserves the right to take such action as may be necessary to protect the integrity of our network and systems and our users, including, but not limited to, limiting the amount of emails that can be sent in specific time periods, regular system monitoring, as well as port scanning and shutting down of ports affected by viruses, worms, cyber-attacks or other malicious code and disclose any information concerning users necessary to satisfy any law, regulation or lawful request.
Xplornet does not guarantee privacy to users of the Service. Xplornet therefore recommends that the Service not be used for the transmission of confidential information.
Nothing contained in this policy is to be construed to limit Xplornet’s rights or remedies in any way with respect to any of the foregoing activities, and Xplornet reserves the right to take any and all additional actions that it may believe appropriate with respect to such activities, including without limitation, investigating suspected violations of this policy, taking action to recover the costs and expenses of identifying offenders, and terminating their access to and use of the Service. In addition, Xplornet reserves at all times all available rights and remedies with respect to such activities at law or in equity.