Acceptable Use Policy
The following policy applies to your use of and access to the CGI-Communication network; as well as any electronic transmission sent, received, posted, accessed, or stored via those networks including, without limitation: wire-line or wireless web, voice, data, and messaging services; and Internet services (collectively, the "Network").
In this Policy, CGI-Communication and its subsidiaries and affiliates are collectively referred to as "Company." By using or accessing the Network, you agree with this Policy. Certain products or services offered through the Network may have additional terms and conditions, which govern in the event of any inconsistency with this Policy.
In addition to any other agreements between you and Company (also referred to herein as "CGI", "we," "us," and in the possessive, "our"), this Policy explains the policies that govern your access to and use of the Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.
If you do not wish to be bound by this Policy, you should not access, subscribe to, or otherwise use the Network. Company may modify this Policy at any time without notice to you. Modifications will be deemed effective immediately upon posting.
The Agreement has been formulated with the following goals in mind:
- Ensure security, reliability and privacy of Company systems and network, and the networks and systems of others
- Maintain the image and reputation of Company as a responsible provider
- Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services
- Preserve the privacy and security of individual users
You may send and receive electronic mail ("Email"), engage in conferences and chats, download and upload files and otherwise use the Network as permitted by this Agreement, CGI's policies and applicable law. Company policies relating to online conduct, storage and deletion of Email and uploaded files, conferences, and other matters are available online. Company reserves the right in its sole discretion to change Company's policies at any time.
You are responsible for your communications via Company. You may not, under any circumstances, do any of the following; (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via Company; (b) use Company to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) intercept or attempt to intercept Email; (d) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) use Company in a manner that adversely affects the availability of its resources to other Subscribers; (g) send Email to Subscribers or the Internet community for any purpose other than personal communication, including to advertise or offer to sell goods or services to other Subscribers (except as other wise expressly permitted by Company); (h) act, or fail to act, in your use of Company, in a manner that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations may result in civil or criminal liability, as well as termination of your service.
You agree to be solely responsible to (a) maintain all equipment required for your access to and use of Company; (b) maintain the security of your Subscriber identification, password and other confidential information relating to you Company account; and (c) be responsible for all charges resulting from use of your Company account, including unauthorized use prior to your notifying Company of such use and taking steps to prevent its further occurrence by changing your password. Information on how to protect the security of your Company account (including changing your password) is available.
Reselling or Rebranding Company services to third parties: Any unauthorized selling, rebranding, or distribution of Company services, by you, is strictly prohibited.Additionally, you may not over utilize, or over subscribe the Network or any Company resource for any purpose lawful, or unlawful, and should maintain proper accordance with Company's Exessive Use Policy while utilizing Company services. Company may, at it's sole discresion, rate-limit, throttle, deny access to, suspend, or terminate any account consistently violating this portion of the agreement.
You may access and use the Network for lawful purposes only. System abuse is strictly prohibited. Company may terminate or modify service immediately and bill for any resulting support charges if the client engages in system abuse. Such violations may result in criminal or civil liability. Company may, but is not obligated to, investigate any violation of the Network. Company may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Company products services or sending, receiving, posting, accessing, or storing any electronic transmission via the Network, you agree to cooperate, as well, in any such investigation. The following is a list of actions defined to be system abuse. This list is non-exclusive, any action about which there is any doubt should be referred to Company for evaluation.
Actions that constitute system abuse include, but are not limited to:
- Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
- Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, explicit, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
- Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
- Failure to Abide by Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or that you access.
- Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, bots or any other computer or other programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information
- Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
- Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
- Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, spamming, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
- Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
- Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Company or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Company customer or other end-user. Company may, but is not obligated to, take any action it deems necessary to protect the Network, its rights or the rights of its customers or third parties, or (2) optimize or improve the Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Network. Company may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.
Company reserves the complete and sole discretion with respect to the operation of the Network. Company may, among other things: (a) delete Emails; (b) make available to third parties information relating to Company and its Subscribers; (c) withdraw, suspend or discontinue any functionality or feature provided by Company; (d) rate-limit, throttle, or prohibit access to resources provided by third party content providers not affiliated with Company.
Company does not individually review all content posted or distributed on its networks, but will review any and all questionable material brought to its attention. Company holds itself and its partners to a higher standard and will attempt to review content directly published from Company and its affiliates. As always, Company welcomes the assistance of our users in monitoring content. Company will not under any circumstances, review or monitor the contents of Email except as required or allowed by applicable law or legal process.
All users of the services provided by Company must adhere to the terms of this Policy. We have the right, but are not obligated, to strictly enforce this Policy through technical support and directed customer assistance, active investigation, litigation and prosecution. Company shall not be obligated to monitor or exercise any editorial control over any material stored, copied, or communicated using our services or Network, but reserves the right to do so.
Any user which Company determines to have violated any terms of this Policy may be subject to a suspension or termination of service on the most limited basis as Company determines is reasonably practical under the circumstances to address the underlying violation. In the event that Company becomes aware that any such material may violate the terms of this Policy and/or expose Company to civil or criminal liability including, without limitation, under the Digital Millennium Copyright Act (DMCA), Company reserves the right to block access to such material and suspend or terminate any user creating, storing, copying, or communicating such material, including any user whom Company becomes aware has engaged in any of the foregoing activity multiple times. Company further reserves the right to conduct investigations into fraud, violations of the terms of this Policy or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that Company deems responsible for the wrongdoing.
We may also access and disclose any information (including transactional information) related to your access and use of the Network for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services.
3. Subscriber Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Network in accordance with this Agreement. You agree to be financially responsible for your use of the Network(as well as for use of your Company account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
Company does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements, opinions, or advice) provided on or by means of Company, other than information provided by authorized Company spokespersons. Statements made in forums, e-mail and discussion groups reflect only the views of their authors. Neither forum managers nor Content Service Providers are authorized Company represenatives, and their views do not necessarily reflect those of Company. Advice received via Company should not be relied upon for important personal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Software or content (email, etc.) obtained from the use of Company Services may contain viruses or other harmful features, and Subscriber is solely responsible for protecting its equipment and software from such matters. Through the use of the Service, Subscriber may obtain or discover content, which is offensive or illegal, and Subscriber assumes the risk and is solely responsible for its access to such content.
Company understands and appreciates that the Internet, and content distributed on it, is solely the responsibility of those who produce and access the content. As such, Company takes no responsibility for third party content accessed over the Network without limitation, nor does Company have any obligation to monitor such third party content. Company reserves the right at all times to remove or refuse to distribute any content which it finds objectionable for any reason. Company also reserves the right to direct any objectionable or illegal content to the appropriate legal, regulatory or governmental entities. Company holds no responsibility or liability for enacting or failing to enact these stated rights under this Policy.
The following principles are intended to be a summary of the Company content policy. They are not intended to address every scenario, but simply to outline our approach to monitoring the content that we offer.
- Company will not transport content that it knows is illegal.
- Company may decline or immediately terminate service that threatens the Network, its users or fails to adhere to stated policy.
- Company will not deny carrier transport service (such as long distance and wireless service) to a customer based on the type of content the customer is transmitting. In exercising this common carrier duty, Company is not required to investigate the nature of the customer's content and should not do so in the normal course of business.
- Company has the discretion to determine who it will do business with when providing non-telecommunications products and services (such as Internet-based information services) and should exercise a heightened level of scrutiny in considering content that others might perceive as objectionable or divisive. Company will exercise increased scrutiny of content provided by Company through relationships with content providers.
- Company prohibits the publishing or distribution of content that is deemed objectionable, including content that is illegal, contains harmful or malicious code, protected content, harmful or violent content, obscene content, or includes private or confidential information.
- Company prohibits the use of its services in any way that might be deemed illegal or inappropriate, including but not limited to the generation or distribution of spam, malicious codes or viruses, or for the promotion of objectionable content.
- Company reserves the right to terminate services for any and all users, producers, publishers or distributors failing to adhere to its stated policy. Furthermore, Company reserves the right to disseminate all information to appropriate legal, regulatory and governmental authorities if it is believed the content or distribution in question have the potential to be illegal or pose a threat to Company, its users or the general public.
Because of evolving societal and legal standards, it can be difficult to determine when content is objectionable. While not an exhaustive list, the following are some types of content that are likely to be troublesome and deserve closer scrutiny if associated with a proposed business relationship or content offering:
- Mature and Adult Entertainment. This type of content can generate considerable controversy, even if legal, non-pornographic, and widely available in print format, including such things as frank relationship and sex advice, and suggestive or prurient images and stories.
- Violent Content, Games and Video. The affect of violence on children is much debated, and controversy can be created if minors are allowed to access violent content without parental approval.
- Gambling and Sweepstakes. Gambling is illegal in many states, and closely regulated in all states. Similarly, sweepstakes are subject to complex rules and are frequently scrutinized closely by consumer protection and law enforcement officials.
- Services Targeted to the Disadvantaged When it first became widely available, 900 pay-per-call service was used to sell a variety of goods and services that allegedly were not provided or were misrepresented. (For example, for a $40 charge on his telephone bill, a caller received an application for a debit card instead of the promised credit card.)
- Services Without Value to Customers. Examples include psychic advice and other personal services that many consumers and law enforcement agencies believe are harmful or misleading.
- Harmful to Company, its users or the general public. Examples include directions on how to make bomb, hack systems, etc.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising CGI-Communication, Inc, are wholly owned by Company. Company has a compilation copyright in Company but does not possess, claim ownership of or exert control over individual uploaded files, Web pages or Personal Web pages or the intellectual property contained therein.
6. Customer Premises Equipment
All equipment supplied and installed by Company at Subscriber's premises, except for any equipment purchased and paid for in full by Subscriber, will remain the property of Company or its assigned agents. Subscriber shall not alter, modify or tamper with the equipment nor will Subscriber relocate the equipment. Subscriber may not mortgage, sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of the repair or replacement of any lost, stolen, un-returned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned equipment or part hereof, together with any costs incurred by Company in obtaining or attempting to obtain possession of any such equipment.
7. No Warranties and Limitation of Liability
Company and all Company software and services are provided "as is," and Company makes no express or implied representations or warranties to you regarding the usability, condition or operation thereof. Company makes no representations or warranties regarding goods or services provided by Internet sites no in the direct or indirect control of Company. Company does not warrant that access to or use of Company service will be uninterrupted or error-free, or that Company or Company software or services will meet any particular criteria of performance or quality. Company expressly disclaims all implied warranties, including without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
Your use of the Network and all Company software and services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material (including Company software) obtained through Company. You agree that Company, and providers of telecommunications and network services for Company, will not be liable for damages (including consequential or special damages) rising out of your use of or inability to use Company or any Company software or services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Company has been advised of the possibility of damages. Company's liability to you for breach of this agreement is limited to the amount actually paid by you for access to and use of Company for the period of the breach. You hereby waive any and all obligations, liabilities and claims against Company in excess of this limitation, and release Company from any and all obligations, liabilities and claims in excess of this limitation.
The installation, use, inspection, maintenance, repair and removal of equipment by Company may result in service outages or potential damage to Subscriber's computer. Subscriber therefore agrees to back-up all existing computer files by copying them to another storage medium prior to installation of the equipment. Company shall have no liability whatsoever for any damage to or loss or destruction of any of Subscriber's equipment, software, files, data, or peripherals.
8. Assignment; Household Use; Minors
Your service subscription is a personal agreement between you and Company. You agree not to assign, transfer or sublicense your rights as a subscriber. You may allow other members of your household or business to use your Company account, provided that you hereby agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You acknowledge that you are aware that some areas of the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your Company account.
This Agreement is governed by the laws of the State of Arizona, USA. You consent to the exclusive jurisdiction and venue of courts in Pinal County, Arizona in all disputes arising out of or relating to your use of the Network or Company account.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of your use of the Network or your Company account. You agree not to hold yourself out as a representative, agent or employee of Company, and that Company will not be liable by reason of any representation, act or omission to act by you.
Company's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Company's right to comply with law enforcement requests or requirements relating to a Subscriber's use of the Network or information provided to or gathered by Company with respect to such use.
Failure by Company to insist upon or enforce strict performance of any provision of this Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. Company may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Policy is found to be unenforceable or invalid, this Policy's unaffected provisions will remain in effect.
Company reserves the right to change this Agreement at any time by posting changes online. You are responsible for reviewing regular information posted online to obtain timely notice of such changes. Your non-termination or continued use of Company after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes.
This Policy constitutes an Agreement between Company and you with respect to your use of the Network and Company account. This Agreement supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Company and you with respect thereto.