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Our Acceptable Use Policy (AUP)

Updated May 2, 2008, 1.14 PM EST.

As a provider of reliable server colocation services, Montreal Server Colocation (MSC) offers its customers the means to acquire and disseminate a wealth of public, private and commercial information. Montreal Server Colocation respects that the Internet provides a forum for free and open discussion and dissemination of information.

However, when there are competing interests at issue, Montreal Server Colocation reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Montreal Server Colocation has developed an Acceptable Use Policy ("AUP"), which supplements and further explains our Customer Terms of Use for each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Montreal Server Colocation's services.

This AUP will be revised from time to time. A customer's use of Montreal Server Colocation's services after changes to the AUP are posted on Montreal Server Colocation's web site, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others.

When subscribers obtain information through the Internet, they must keep in mind that Montreal Server Colocation cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive.

Because Montreal Server Colocation cannot monitor or censor the Internet, and will not attempt to do so, Montreal Server Colocation cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Montreal Server Colocation does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech.

Also, because the information they create is carried over Montreal Server Colocation's network and may reach a large number of people, including both subscribers and nonsubscribers of Montreal Server Colocation, subscribers' postings to the Internet may affect other subscribers and may harm Montreal Server Colocation's goodwill, business reputation, and operations.

For these reasons, subscribers violate Montreal Server Colocation policy and our Customer Terms of Use when they, their customers, affiliates, subsidiaries or employees engage in the following prohibited activities:

Spamming -- Montreal Server Colocation has a Zero-Tolerance Policy to SPAM. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Montreal Server Colocation, but also because it can overload Montreal Server Colocation's network and disrupt service to Montreal Server Colocation subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Montreal Server Colocation has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Montreal Server Colocation is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Montreal Server Colocation's policy to terminate and without any refunds the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Montreal Server Colocation's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Montreal Server Colocation is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Montreal Server Colocation's network.

Defamatory or Abusive Language -- Using Montreal Server Colocation's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks (DoS). Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- Montreal Server Colocation reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Montreal Server Colocation determines to be harmful to its subscribers, network, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Montreal Server Colocation will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Montreal Server Colocation policy or applicable law. When Montreal Server Colocation becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a Web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. When Montreal Server Colocation determines that a customer or subscriber has violated its AUP or its Customer Terms of Use, it will take action to permanently close the customer account and without any refund.

Montreal Server Colocation also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Montreal Server Colocation's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Montreal Server Colocation does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Montreal Server Colocation has the right to directly take action against a customer of a subscriber. Also, Montreal Server Colocation may take action against the Montreal Server Colocation subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber.

Similarly, Montreal Server Colocation anticipates that subscribers who offer Internet services will cooperate with Montreal Server Colocation in any corrective or preventive action that Montreal Server Colocation deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Montreal Server Colocation's Customer Terms of Use.

Montreal Server Colocation also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Montreal Server Colocation urges its subscribers to assume that all of their on-line communications are insecure. Montreal Server Colocation cannot take any responsibility for the security of information transmitted over Montreal Server Colocation's facilities.

Montreal Server Colocation will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Montreal Server Colocation Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Montreal Server Colocation may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Montreal Server Colocation Hosting assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice.

Finally, Montreal Server Colocation may disclose subscriber information or information transmitted over its network where necessary to protect Montreal Server Colocation and others from harm, or where such disclosure is necessary to the proper operation of the system.

Montreal Server Colocation expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Montreal Server Colocation's Customer Terms of Use.

Additionally, Montreal Server Colocation wishes to emphasize that when a customer accepts to host a Web site or any other Internet application on Montreal Server Colocation's servers, that this customer fully indemnifies Montreal Server Colocation for any violation of any law that could result in loss to Montreal Server Colocation or the bringing of any claim against Montreal Server Colocation by any third-party. This means that if Montreal Server Colocation is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Montreal Server Colocation, plus costs, travel costs and any attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Montreal Server Colocation and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to [email protected].

The management of Montreal Server Colocation.

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