Acceptable Use Policy
This Acceptable Use Policy (the “AUP”) governs your use of all products and services (collectively, the “Services”) offered by Cogeco Peer 1, as may be further described in any written proposal submitted by Cogeco Peer 1 to you or any service order forms submitted by you and accepted by Cogeco Peer 1 (collectively, the “Service Order Form”). This AUP applies to you and your employees, agents, contractors, or other users who obtain Services from Cogeco Peer 1 (each such person or entity being a “User”). BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AUP AND AGREE THAT YOU AND YOUR USERS WILL BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AUP.
1. Prohibited Use. Cogeco Peer 1’s services may only be used for lawful purposes. Users may not use Cogeco Peer 1’s Services to engage in, foster, or promote illegal, abusive, or irresponsible behaviour, including:
(a) Utilizing the Services to send mass unsolicited e-mail to third parties. Provided, however, that Users may use software programs or services provided by Cogeco Peer 1 to send unsolicited commercial e-mail so long as the User ensures that such transmissions comply with all applicable state, federal and international regulations, rules and laws, including, without limitation, the U.S. CAN-SPAM Act of 2003.
(b) Utilizing the Services to be involved in the distribution of tools designed for the aiding of unsolicited bulk email.
(c) Utilizing the Services in such a way that User becomes documented on a recognised SPAM abuse list or if the User has previously been denied access from another provider due to similar acceptable use policy violations.
(d) Using Internet Relay Chat (“IRC”) on the Company network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC.
(e) Utilizing the Services in connection with any illegal activity. Without limiting the general application of this provision, Users may not: utilise the services to:
(i) Copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
(ii) Misappropriate or infringe the patents, copyrights, trademarks, or other intellectual property rights of any third party;
(iii) Traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
(iv) Export encryption software to points outside the United States in violation of applicable export control laws; or
(v) Violate any applicable state, federal and international law.
(f) Utilizing the Services in connection with any tortious or actionable activity. Without limiting the general application of this provision, Users may not utilise the Services to:
(i) Publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person; or
(ii) Threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
(g) Utilizing the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this provision, Users may not utilise the Services to:
(i) Cause denial of service attacks against Cogeco Peer 1 or other network hosts or Internet users or to otherwise degrade or impair the operation of Cogeco Peer 1’s servers and facilities or the servers and facilities of other network hosts or Internet users;
(ii) Offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;
(iii) Resell access to CGI scripts installed on Cogeco Peer 1’s servers;
(iv) Subvert, or assist others in subverting, the security or integrity of any Cogeco Peer 1 systems, facilities or equipment;
(v) Gain unauthorized access to the computer networks of Cogeco Peer 1 or any other person;
(vi) Provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
(vii) (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
(viii) Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
(ix) Conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
(x) Distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
(xi) Solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
(xii) Post messages, run scripts or run software programs that consume excessive CPU time or storage space;
(xiii) In any manner that might subject Cogeco Peer 1 to unfavorable regulatory action, subject Cogeco Peer 1 to any liability for any reason, or adversely affect Cogeco Peer 1’s public image, reputation or goodwill, including, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials; or
(xiv) In any other manner to interrupt or interfere with the Internet usage of other persons.
2. Notice and Procedure for Reporting Violations.
(a) Reporting Non-Copyright Violations. Cogeco Peer 1 encourages Users to report violations of the AUP by e-mail to: [email protected], including in any such report the name of the offending domain (for example, xyz.com), the IP address and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the “subject” field of the e-mail.
(b) Reporting Copyright Violations. Cogeco Peer 1 respects the intellectual property of others and complies with the Digital Millennium Copyright Act (the “DMCA”). The DMCA, which heightens the penalties for copyright infringement on the Internet, sets forth the following requirements for notifying online service providers of alleged copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notice of your claim to:
Attention: Designated Copyright Agent
Cogeco Peer 1
Suite 500 – 101 Marietta Street
Atlanta, GA 30303
Telephone Number of Designated Agent: (678) 365-2801
Facsimile Number of Designated Agent: (404) 745-8355
Email Address of Designated Agent: [email protected]
It is Cogeco Peer 1’s policy to expeditiously remove content that is the subject of a correctly prepared notice under the DMCA. To be effective, your notice of copyright infringement must be written and must include the following (For more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3)):
(i) Your signature (physical or electronic) or the signature of a person authorized to act on your behalf;
(ii) Identification of the copyrighted work that you claim has been infringed;
(iii) Identification of the material that is claimed to be infringing as well as information reasonably sufficient to permit Cogeco Peer 1 to locate the material;
(iv) Information reasonably sufficient to permit Cogeco Peer 1 to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
(vi) A statement that, under penalty of perjury, the information in the notification is accurate. Cogeco Peer 1 encourages you to consult a lawyer before submitting a notice of copyright infringement. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
(c) Counter Notification. Users who have been the subject of a DMCA copyright notice may write a counter notification under 17 U.S.C. § 512(g)
(3). Before sending a counter notification, Cogeco Peer 1 suggests that its Users contact an attorney. Users should be aware that they will be liable for damages, including without limitation costs and attorneys’ fees, if they materially misrepresent that a product or activity is not infringing the copyright(s) of another. To file a counter notification with Cogeco Peer 1, Users must provide a written communication to Cogeco Peer 1’s Designated Copyright Agent (address provided above) that sets forth the following items:
(i) A physical or electronic signature of the User;
(ii) Identification of the material that has been removed or disabled, and its prior location;
(iii) A statement, under penalty of perjury, that the User has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification;
(iv) The User’s name, address, and telephone number(s);
(v) A statement that the User consents to the jurisdiction of the federal district court for the judicial district in which the User’s address is located, or, if the User’s address is outside of the United States, for any judicial district in which Cogeco Peer 1 may be found; and
(vi) A statement that the User will accept service of process from the complainant or the complainant’s agent.
Upon receipt of a valid counter-notification from the User, Cogeco Peer 1 will provide the complainant with a copy of the counter-notification. If the counter-notification is presented in accordance with the requirements of this AUP, Cogeco Peer 1 will post the disputed content again or re-enable access to it. The complainant then has 10 business days to notify the Designated Copyright Agent that it has filed a request for a court order to restrain the infringing activity. In all events, Cogeco Peer 1 will not be a party to any dispute between third parties over alleged copyright infringement and will not seek to make an independent determination as to the validity of any claim that is the subject of any complaint or counter-notification.
Cogeco Peer 1 is providing you the information in this AUP, including without limitation the complaint and counter-notification procedures set forth in this Section 2, for informational purposes only. This information should not be construed as legal advice. If you believe that your rights have been violated and to help you understand your legal rights, you may wish to seek independent legal counsel.
(d) Repeat Infringers. It is Cogeco Peer 1’s policy to terminate in appropriate circumstances the Services of customers who are repeat infringers.
(a) Violations. If Cogeco Peer 1 learns of a violation of the AUP, then Cogeco Peer 1 may take any of the following actions, in accordance with the severity and duration of the violation:
(i) Warning the User;
(ii) Removing the offending content;
(iii) Suspending the offending User from the Services;
(iv) Terminating the offending User from the Services;
(v) Imposing fees or charges on the offending account in accordance with the applicable service contract; or
(vi) Taking other action in accordance with this AUP, the applicable service contract, or applicable law.
(b) Enforcement Actions. Cogeco Peer 1 will provide you with at least 48 hours notice (by email or otherwise) of any proposed suspension, restriction, limitation, modification, or termination of the Services or any functionality related to the Services based on an alleged violation of this AUP, the applicable service contract, or any other reason; provided, however, if (i) your violation of this AUP immediately threatens the security of or damages to Cogeco Peer 1’s network, information, data, software, hardware, or facilities or (ii) such suspension, restriction, limitation, modification, or termination is at the request of law enforcement or required by the appropriate legal authorities, then Cogeco Peer 1 will give you as much notice as is reasonably practicable under the circumstances. To the extent that any element or functionality of the Services, including, without limitation, a particular account or “server,” is suspended, restricted, limited, modified, or terminated, Cogeco Peer 1 will use commercially reasonable efforts to minimize the effects against any other component or functionality of the Services.
(c) Cooperation with Law Enforcement. Cogeco Peer 1 reserves the right to involve and cooperate with law enforcement or the appropriate legal authorities in investigations of claims of illegal activity involving Cogeco Peer 1’s Services or any Users thereof and to respond to any violations of this AUP to the extent permitted under applicable law. You agree that Cogeco Peer 1 is authorized to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions, and to otherwise enforce the terms of this AUP. You further agree that Cogeco Peer 1 may disclose any and all of your information including, without limitation, assigned IP numbers, account history, and account use to any law enforcement agent who makes a written request, without further consent or notification to you.