III. Acceptable Use Policy
1. Introduction
The activities described below constitute violations of Execulink Telecom Service Agreement(s) that may result in the loss of your service. Execulink Telecom reserves the right to change, suspend, restrict, or terminate your Service by any means if your access, use or connection to the Services, Equipment, or facilities is detrimentally affecting the use of the Services by others. The Execulink Telecom Acceptable Use Policy ("AUP") prohibits activities that include, but are not limited to the Policies described below.
2. Responsibility for Minors
In cases where you have authorized a minor to use any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any such Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the Services, including the Internet or Television, may contain material that is inappropriate for minors.
3. Termination
You acknowledge and agree that Execulink Telecom, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, any of the Services, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where Execulink Telecom believes that you have violated any of the Terms and Conditions. You further agree that Execulink Telecom shall not be liable to you or to any other person as a result of any such suspension or termination.
4. Registration, Accounts and Passwords
Certain services and related features made available from Execulink Telecom may require registration. Should you choose to register for such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for:
a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration with Execulink Telecom, and;
b) all activities that occur under such password or account. Further, you agree to notify Execulink Telecom of any unauthorized use of your password or account. Execulink Telecom shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with Section III. 5.
5. Long Distance
Unlimited long distance plans are intended for direct dial residential, calling only, under conditions of reasonable use, as defined at the sole discretion of Execulink Telecom. Commercial use and the use of Three-Way Calling or Call Forwarding, is prohibited in combination with unlimited long distance plans. A maximum of one line within the same dwelling may be consolidated under one unlimited long distance plan. Additional fees include a network fee on all residential long distance plans.
By acceptance of Execulink Telecom long distance or other usage-based Services, the Customer authorizes Execulink Telecom to make the necessary changes to reflect the Customer's decision to subscribe for same. In most instances the Customer dials 1 plus the area code and the Customer's call will be carried on behalf of the Customer on the Execulink Telecom network. The Customer also agrees to Execulink Telecom handling of all long distance calls and usage based Services as referred to above and will be responsible for, and agrees to pay for all long distance calls and usage based Services made from the Customer's Premises, lines or Internet connections.
6. Rules and Conduct
a) Illegal Use. The Services are not to be used for any unlawful or illegal purpose. The use of the Services by the Customer shall comply with all applicable government codes, ordinances, laws, rules and regulations.
b) Sharing / Reselling of Services. The Services are not to be shared or resold to any party, except with the written consent and agreement of Execulink Telecom, or where such resale or sharing may cause Execulink Telecom to violate the terms of its interconnection or other arrangements with other carriers or the rules and regulations of the CRTC.
c) Violation of System/Network Security. Execulink Telecom reserves the right to cooperate with law enforcement to pursue civil or criminal action against the Customer as necessary. If Execulink Telecom is involved in a security violation investigation, an “Investigation Fee” will be charged to the Customer’s account and may result in immediate suspension or termination of the Customer's account.
d) Third Party Use of Services. The Customer shall not permit third parties to use the Services and the Customer shall not itself initiate any transmissions from the Customer's Premises on behalf of any third party, except where it comprises part of the primary business of the Customer to resell Execulink Telecom Services and with the prior written agreement of Execulink Telecom.
e) Faking or forging an Internet Protocol ("IP") address other than the ones allocated to the Customer by Execulink Telecom (sometimes referred to as "spoofing") is prohibited.
f) Uploading, posting, publishing, defacing, modifying, transmitting, reproducing, or distributing in any way, any information, software or other material which is protected by copyright, without obtaining permission of the copyright owner or right holder; or obtain or attempt to obtain Execulink Telecom Services by any means or device with intent to avoid payment or to defraud is prohibited.
g) A customer may utilize the services for commercial purposes only with the express written permission of Execulink Telecom, and at Execulink Telecom's sole discretion.
7. Trademarks & Copyright
"Execulink Telecom" and “We Connect” are registered trademarks of Execulink Telecom Inc., used under license. All other product, brand and company names and logos used on Execulink Telecom's websites are the trademarks or registered trademarks of their respective owners. All information and content contained on, or made available over, Execulink Telecom websites are: Copyright © 2007 Execulink Telecom and/or its suppliers and users, c/o Execulink Telecom Inc, 619 Main St. N., Burgessville, Ontario N0J 1C0 CANADA. All rights reserved. You may in no way modify, copy, republish or distribute in any form, the content on this site and any other site owned or operated by Execulink Telecom or its affiliates without the prior written consent of the copyright owner.
8. Conclusion
Execulink Telecom may immediately and, without notice, suspend or terminate the Customer's Service and terminate the Agreement immediately for the Customer's failure to comply with Execulink Telecom's Acceptable Use Policy set out in this Section. Execulink Telecom reserves the right to charge the Customer for all direct and indirect costs and damages relating to any breach of its Acceptable Use Policy.
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