92
93
Prohibited Activities
Without limitation, you may not use (or allow anyone else to
use) our Services to:
(i) use, possess, post, upload, transmit, disseminate or
otherwise make available content that is unlawful or
violates the copyright or other intellectual property
rights of others (as described in more detail below);
(ii) participate in any illegal soliciting or gaming schemes;
(iii) attempt to use the Services in such a manner so as to
avoid incurring charges for usage;
(iv) participate in any fraudulent activities, including
impersonating any person or entity or forging anyone
else’s digital or manual signature. You assume all risks
regarding the determination of whether material is in
the public domain;
(v) access the Internet via the Services using Internet
Protocol (IP) addresses other than the IP address(es)
assigned to you by us;
(vi) invade another person’s privacy, collect or store
personal data about other users, or stalk or harass
another person or entity;
(vii) access any computer, software, data or any
confi dential, 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
”;
(viii) 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 rightholder;
(ix) use, reproduce, distribute, sell, resell or otherwise exploit
the Services or content we provide or which you obtain
through the Services for any commercial purposes;
(x) copy, distribute, sub-license or otherwise make
available any software or content we provide or make
available to you or which you obtain through the
Services, except as authorized by us;
(xi) alter, reproduce, or tamper with the Services or any
function, component or identifi er 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;
(xii) 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 networks,
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 other messages, or otherwise
generating levels of traffi c suffi cient 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;
(xiii) disrupt any backbone network nodes or network service,
or otherwise restrict, inhibit, disrupt or impede
our ability to monitor or deliver the Services, any
transmissions or data;
(xiv) interfere with computer networking or telecommunications
service to or from any Internet user, host, provider or
network, including, without limitation, denying service
attacks, overloading a service, improperly seizing or
abusing operator privileges (“
hacking
”), or attempting
to “
crash
” a host;
(xv) use the Services for anything other than your own
personal purposes (such as reselling the Services,
providing Internet access or any other feature of the
Services to any third party) or share or transfer your
Services without our express consent;
(xvi) operate a server in connection with the Services,
including, without limitation, mail, news, fi le, gopher,
telnet, chat, Web, host confi guration servers,
multimedia streamers or multi-user interactive forums;
(xvii) impersonate any person or entity, including, without
limitation, a Rogers offi cial, forum leader, guide or host,
or falsely state or otherwise misrepresent your affi liation
with a person or entity;
(xviii) forge headers or otherwise manipulate identifi ers in
order to disguise the origin of any content transmitted
through the Services; or
(xix) port scan a person’s computer or wireless device
without that person’s consent, or use any tools
designed to facilitate these scans.
Unlawful or Inappropriate Content
Any Rogers Party reserves the right to move, remove or refuse to post
any content, in whole or in part, that it, in its sole discretion, decide
are unacceptable, undesirable or in violation of the Terms or this AUP.
This includes, without limitation:
(i) obscene, profane, pornographic content;
(ii) defamatory, fraudulent or deceptive statements;
(iii) threatening, intimidating, abusive or harassing statements;
(iv) content that violates the privacy rights or intellectual property
rights of others;
(v) content that unlawfully promotes or incites hatred;
(vi) content that is otherwise offensive or objectionable; or
(vii) any transmissions constituting or encouraging conduct that
would constitute a criminal offence, give rise to civil liability
or otherwise violate any municipal, provincial, federal or
international law, order or regulation.
For purposes of this AUP, “
content
” refers to all forms of
communications including, without limitation, text, graphics
(including photographs, illustrations, images, drawings, logos),
executable programs, audiovisual recordings, and audio recordings.
Security
As set out above, you are responsible for any misuse of the Services,
by you 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. You may not disrupt the Services. 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, fl ooding 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, Rogers
recommends against enabling fi le or printer sharing of any sort.
Rogers recommends that any fi les or services you do choose to make
available for remote access be protected with a strong password or
as otherwise appropriate. You agree to treat as confi dential all access
codes, personal identifi cation numbers and/or other passwords that
we may provide to you for use with the Services.
Unsolicited Communications
As set out above, the Services may not be used to send unsolicited,
bulk or commercial messages or for any other unsolicited
communications. This includes, without limitation, using automatic
dialing and announcing devices to or otherwise make unsolicited
voice or facsimile calls and bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for
signatures and political or religious messages. Such communications
may only be directed 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 any Rogers network (for example, by including
“Organization: Rogers” in the header or by listing an IP address that
belongs to a Rogers network) in any unsolicited e-mail even if that
e-mail is not sent through a Rogers 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 fi les 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. Rogers 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 Rogers’ sole discretion.
User-Generated Content Services
“
User-Generated Content Services
” or “
UGC Services
” refers
to any services that allow an end user to post, upload or generate
content online to be shared with a limited or unlimited number of
recipients and may include, without limitation: newsgroups, online
forums, message boards, chat programs, wiki’s, photo sharing services,
customer review sites, video sharing services, blogs and web hosting.
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