Valo Networks Ltd. Acceptable Use Policy

 

1) Introduction

Valo Networks Ltd. (“Valo”) is committed to providing its users with quality services that lead to enjoyable and productive experiences. In an effort to ensure such experiences are achieved, Valo has implemented this Acceptable Use Policy (AUP).

2) Acceptance

Use of any service provided by Valo constitutes acceptance of this AUP and indicates that the user has read, understands and agrees with the terms contained here within. Valo may, from time to time, update the AUP. IT IS THE USER’S RESPONSIBILITY TO KEEP FAMILIAR WITH CURRENT CONTENTS OF THE VALO AUP. If a user does not agree with the AUP they should discontinue use of Valo services immediately and notify Valo of such disagreement. A user’s continued use of Valo services indicates their acceptance of the AUP in force at that time.

3) Prohibited Uses

Valo does not support the use its services for illegal or criminal activity. Any user of a Valo service found to have violated any local, provincial, federal or international law, order or regulation while using a Valo service will be deemed to have breached this AUP. Such prohibited activities include, but are not limited to:

· Infringing any intellectual property protection, such as trademarks, patents or copyright;

· Transmitting any illegal materials including child pornography, hatred communications, obscenity, or any defamatory content;

· Pyramid selling;

· Unauthorized use of a computer;

· Fraud;

· Harassment and/or stalking;

· Uttering threats;

· Engaging in unauthorized computer or network trespass;

· Transmitting in any way a virus, trojan horse, worm or other harmful or disruptive information or software;

· Sending commercial electronic messages in contravention of Canadian Anti-Spam Legislation; and

· Any other activity that promotes, facilitates or permits any of the preceding.

4) Bandwidth, Data Transfer and Other Limitations

All customers receiving services from Valo have agreed to service packages with defined bandwidth and data transfer levels. While it is Valo’s intention to provide all customers with unlimited data transfer and meet the specified bandwidth levels at all times, Valo reserves the right to reduce the services provided on a temporary basis in the event of an event for which Valo, in its sole and reasonable discretion, determines such a reduction is necessary.

5) Limitation of Liability

5.1) Indemnification

A user will indemnify and hold harmless Valo from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against Valo, which result from or relate to violation of this Policy by a user. A user is required to give Valo prompt notice of any such demand, claim or proceeding that the user is aware of.

5.2) Reservation of Rights and Valo Liability

Nothing in this Policy shall be interpreted to limit Valo’s rights or remedies in any way with respect to any of the foregoing activities (including, without limitation, Valo’ rights or remedies under any agreement between Valo and a user) and Valo reserves all rights and remedies available to it with respect to such activities at law or in equity. Valo does not assume liability to a user or any other party for failure to enforce the terms of this Policy.

6) Privacy of Communications

Users acknowledge that Valo has the right, but not the obligation, to monitor or disclose the contents of private communications if Valo, in its sole discretion, reasonably believes that such action is necessary:

a) to comply with applicable law or valid legal processes;

b) to protect Valo’s rights or property;

c) in emergencies where a person’s physical safety is compromised; and

d) to enforce the terms of this Policy.

Valo is not obliged to inform the customer that such information has been disclosed or will be disclosed.

7) Violation of Policy

Valo does not routinely monitor the activity of accounts for violation of this Policy. However, if Valo becomes aware of a violation or potential violation of this Policy, it will take necessary action to investigate and/or respond. This may include monitoring the Services and network use.

In addition to monitoring to investigate a violation, Valo may also, from time to time, monitor the Services and network usage to protect the network and Valo Internet users.

If Valo identifies a violation of this Policy, Valo prefers to advise users of such violation and any necessary corrective action. However, if Valo, in its sole and reasonable discretion, believes a violation is serious and warrants further action, Valo may act they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, the immediate suspension or termination of all or any portion of the Services, and the notification of law enforcement authoritites. Valo will not have any liability for any such responsive actions. The above described actions are not Valo’s exclusive remedies and Valo may take any other legal or technical action it deems appropriate.

Valo is hereby authorized to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Agreement. Such cooperation may include

Valo providing the username, IP address, or other identifying information about a subscriber, in accordance with the guidelines set out in Valo’s Privacy Policy.

Upon termination of a customer account, Valo is authorized to delete any files, programs, data and email messages associated with such account.

The failure of Valo to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable laws as nearly as possible, and the remaining portions will remain in full force and effect.

8) Contact

Valo encourages any questions, complaints, or reports of suspected breaches of this Policy to be sent to [email protected].