NETalberta Usage Policy
This is Hok Nik Creative, Inc.’s ("NETALBERTA")
Usage Policy, which supplements the service
agreement of each user of NETALBERTA services (each,
a "Subscriber"). Every Subscriber is subject to this
Usage Policy, and by virtue of using NETALBERTA’s
services, network, and/or systems (collectively the
"Services") agrees to be bound by this Usage Policy.
NETALBERTA will revise this Usage Policy from time
to time. A Subscriber's use of the Services after
revisions to the Usage Policy are posted on our
website at http://www.hoknik.com/policy/isp-policy.htm
will constitute such person's acceptance of any
changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when
they (or their affiliates or customers) engage
in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual
property rights, rights of privacy, rights of
publicity or other personal rights is
prohibited. NETALBERTA is required by law to
remove or block access to content appearing on
or through the Services upon receipt of proper
notice of copyright infringement (see "Copyright
Infringement Notice Information" below).
Spamming
Spamming, whether or not it overloads the
Services or disrupts service to NETALBERTA
Subscribers, is prohibited. The term "spamming"
includes, but is not limited to, the sending of
unsolicited bulk and/or commercial message over
the Internet or maintaining an open SMTP policy.
NETALBERTA reserves the right to determine, in
its sole and absolute discretion, whether e-mail
recipients were from an opt-in email list.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting
message headers, return mailing information
and/or Internet protocol addresses to conceal or
misidentify the origin of an message is
prohibited.
Viruses and Other Destructive Activities
Use
of the Services for creating or sending Internet
viruses, worms or Trojan horses, or for pinging,
flooding or mailbombing, or engaging in denial
of service attacks is prohibited. It is also
prohibited for any Subscriber to engage in other
activity that is intended to disrupt or
interfere with, or that results in the
disruption of or interference with, the ability
of others to effectively use the Services (or
any connected network, system, service or
equipment) or conduct their business over the
Internet.
Hacking
"Hacking" and related activities is
prohibited. "Hacking" includes, but is not
limited to, the following activities: illegally
or without authorization, accessing computers,
accounts or networks, penetrating or attempting
to penetrate security measures, port scans,
stealth scans, and other activities designed to
assist in hacking.
Export Control Violations
The exportation of
encryption software outside of the United States
and/or violations of United States law relating
to the exportation of software is prohibited.
Child Pornography
The use of the Services to
store, post, display, transmit, advertise or
otherwise make available child pornography is
prohibited. NETALBERTA is required by law, and
will, notify law enforcement agencies when it
becomes aware of the presence of child
pornography on, or being transmitted through,
the Services.
Other Illegal Activities
The use of the Services
to engage in any activities that are determined
by NETALBERTA, in its sole and absolute
discretion, to be illegal is prohibited. Such
illegal activities include, but are not limited
to, storing, posting, displaying, transmitting
or otherwise making available ponzi or pyramid
schemes, fraudulently charging credit cards or
displaying credit card information of third
parties without their consent, and failure to
comply with applicable on-line privacy laws.
NETALBERTA will cooperate fully with appropriate
law enforcement agencies in connection with any
and all illegal activities occurring on or
through the Services.
Obscene,
Defamatory, Threatening Language
Use
of the Services to store, post, transmit,
display or otherwise make available obscene,
defamatory, harassing, abusive or threatening
language is prohibited.
Other Activities
Engaging in any activity that,
in NETALBERTA sole and absolute discretion,
disrupts, interferes with or is harmful to (or
threatens to disrupt, interfere with, or be
harmful to) the Services, NETALBERTA business,
operations, reputation, goodwill, customers
and/or customer relations, or the ability of
NETALBERTA customers to effectively use the
Services is prohibited. Such prohibited
activities include making available any program,
product or service that is designed to or could
be used to violate this Usage Policy. In
addition, the failure by a Subscriber to
cooperate with NETALBERTA in correcting or
preventing violations of this Usage Policy by,
or that result from the activity of, a customer
of the Subscriber is a violation of this Usage
Policy.
In general, NETALBERTA does not monitor its
customers' websites or activities to determine
whether they are in compliance with this Usage
Policy. However, when NETALBERTA becomes aware
of any violation of this Usage Policy or its
User Agreement, NETALBERTA may take any action
to stop or correct such violation, including,
but not limited to, shutting down a website,
denying access to the Services or to the
Internet, and/or removing information. In
addition, NETALBERTA may take action against a
Subscriber or a customer of such Subscriber
because of the activities of such customer.
NETALBERTA reserves the right to take any such
action even though such action may affect other
customers of the Subscriber.
NETALBERTA may disclose any information in
its possession, including, without limitation,
information about Subscribers, internet
transmissions and website activity in order to
comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation
or governmental request, to protect NETALBERTA
or others from harm, and/or to ensure the proper
operation of the Services. NETALBERTA has no
obligation to notify any person, including the
Subscriber about whom information is sought,
that NETALBERTA has provided the information.
Copyright Notice Infringement Information
In
accordance with the Digital Millennium Copyright
Act, NETALBERTA has adopted a policy that
provides for termination of websites hosted by
NETALBERTA that are found to infringe on
copyrights of third parties. If a copyright
holder believes that there has been a violation
of his or her copyright on a website that is
hosted by NETALBERTA or its subsidiaries, and
the copyright holder wants NETALBERTA to remove
the website or disable the material in question,
NETALBERTA will remove the website or disable
the material if the copyright holder provides us
with all of the following information:
- A signature of a person authorized to act on
behalf of the owner of the exclusive right that
is allegedly infringed. Identification of the
copyrighted work that is claimed is being
infringed, or, in the case of claimed
infringement of multiple copyrighted works, a
representative list of such works.
- Identification of the material that is
claimed to be infringing or is the subject of
infringing activity and that should be removed
or access to which should be disabled, with
information reasonably sufficient to permit us
to locate the material.
- Information reasonably sufficient to permit
us to contact the person giving the
notification, such as an address and telephone,
and, if available, an electronic mail address at
which such person may be contacted.
- A statement that the person giving the
notification has a good faith belief that use of
the material in the manner complained of is not
authorized by the copyright owner, its agent, or
the law.
- A statement that the information in the
notification is accurate, and under penalty of
perjury, that the person giving the notification
is authorized to act on behalf of the owner of
the exclusive right that is allegedly infringed.
Questions?
If you have any questions about
our NETALBERTA ISP Usage Policy, you can contact
us at:
Hök Nik Creative, Inc.
Second Floor
7809 109 Street
Edmonton, AB T6G 1C6
Attention: Legal Department
1-780-944-9951 - x103
(9 a.m. - 5 p.m. Mountain Standard Time,
Monday through Friday.)
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