PURPOSE

This AUP addresses the acceptable use and unacceptable misuse of Internet services (“Services”) provided by Cloudwifi Inc. (“Cloudwifi”) to an organization or individual residing at a location that contracts Cloudwifi for Services.

When using Cloudwifi’s Services, Equipment, facilities, or networks, you must comply with all applicable laws, and the policies, rules and limits included in this AUP.

BY USING CLOUDWIFI’S SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AUP, AS AMENDED FROM TIME TO TIME. 

DEFINITIONS

Except where otherwise indicated, “you” and “your” means you and every person who uses Cloudwifi’s Services at your location.

PROHIBITED ACTIVITIES

Without limitation, you may not use (or allow anyone else to use) the 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;

(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) provided 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 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”;

(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) 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;

(x) 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 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;

(xi) 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;

(xii) 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;

(xiii) 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;

(xiv) operate a server in connection with the Services, including, without limitation, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;

(xv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(xvi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; or

(xii) port scan a person’s computer or wireless device without that person’s consent, or use any tools designed to facilitate these scans.

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, 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, Cloudwifi recommends against enabling file or printer sharing of any sort. Cloudwifi 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. You agree to treat as confidential all access codes, personal identification 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 Cloudwifi network (for example, by including “Organization: Cloudwifi” in the header or by listing an IP address that belongs to a Cloudwifi network) in any unsolicited e-mail even if that e-mail is not sent through a Cloudwifi 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.

BANDWIDTH, DATA STORAGE, AND OTHER LIMITATIONS

You must comply with the then current bandwidth, data storage and other limitations on your applicable Services. You must also ensure that your activity does not improperly restrict, inhibit, or degrade any other subscriber’s use of the Services, nor represent (in the sole judgment of Cloudwifi) an unusually large burden on our networks.  In addition, you must ensure that your activity does not improperly restrict, inhibit, disrupt, degrade or impede Cloudwifi’s ability to deliver the Services, and monitor and investigate the Services, backbone, network nodes, and/or other network services or components. You may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of Cloudwif. For example, you cannot provide Internet access to others, host shell accounts over the Internet, provide e-mail or news service, or send a news feed. The Services are consumer products designed for personal access to and use of the Internet. For example, the Services do not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the Services. You may not provide network services to others via the Services. In addition, you are prohibited from running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums.

NETWORK MANAGEMENT

We reserve the right to manage our networks in order to optimize their efficiency for the benefit of our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, and protocol filtering. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers.

VIOLATION OF THIS ACCEPTABLE USE POLICY

We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than voice Services) or the Equipment.  If the Services are used in a way that we, in our sole discretion, believe violates this AUP, Cloudwifi may take any responsive actions that we deem appropriate. Such actions may include, without limitation, advising subscribers of inappropriate behavior and any necessary corrective action, temporary or permanent removal of content, filtering of Internet transmissions, and/or the immediate suspension or termination of all or any portion of the Services or your account. Cloudwifi will have no liability for any such responsive actions.

The above described actions are not exclusive remedies and Cloudwifi may take any other legal or technical action deemed appropriate. The failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This AUP shall be exclusively governed by, and construed in accordance with the governing law of the province in which you reside.

COMPLAINTS

Please direct any complaints of violations of this AUP by subscribers to legal@cloudwifi.ca or contact us at 1-855-955-9434. Questions or complaints concerning third party content should be addressed to the applicable content provider.