Acceptable Use Policy

The annotations on this document are meant to add clarification to the terms and conditions of Internet Access through the Venner Computer Services Internet facilities. This document can change from time to time and should be reviewed on occasion. Annotated information should be considered as a guideline, and is not intended to be all-inclusive. The author gratefully acknowledges the word smithing efforts of other ISPs for their efforts in publishing AUPs that contributed to this one.

SCOPE

This document replaces all previous documents including to but not limited to previous registration agreements, online registrations, and any other method used or developed to grant access to the VCS Internet Network.

This Policy applies to:

All components of Venner Computer Services., including all subsidiaries, trade styles and related concerns;

All customers, clients, employees, advisors, and agents of, and all authorized third parties that require the use of, and are granted access to the VCS Internet network;

All Information Systems Environments operated by Venner Computer Services or contracted with a third party by Venner Computer Services. The term "Information Systems Environment" defines the total environment and includes, but is not limited to, all documentation, physical and logical controls, personnel, software, hardware (e.g. distributed, desktop, network devices), and information.

The Internet is a vast network of computers that allows an individual user on the network to share the resources of other computers. This sharing of resources creates a "community" and when you use VCS to access the Internet you become a member of two communities. You become part of the community of Venner Computer Services, which includes our network and customers, and you become a part of the larger community of networks and users on the Internet.

Access to the Internet through Venner Computer Services is a privilege, not a right, and carries with it certain responsibilities and duties.

Our goal in establishing this Acceptable Use Policy (AUP) is to protect both our users and the larger Internet community from the consequences of irresponsible use of VCS accounts and resources. VCS Internet’s AUP

1. chiefly prohibits acts that are illegal,
2. that violate generally accepted standards for online behavior,
3. or that misuse Venner Computer Services’s resources to the detriment of other users.

All violations of the Acceptable Use Policy will be reviewed for appropriate action that could include termination of access. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Venner Computer Services intends to provide its clients, customers, and users access to everything the Internet has to offer. While VCS is firmly committed to the principles of free speech, certain activities are damaging to the resources of both Venner Computer Services and the Internet and cannot be permitted under the guise of free speech.

The resources of Venner Computer Services and the Internet (general) are limited, and abuse of these resources by one user has a negative impact on the entire community.

Internet access accounts are defined as follows:

Non-Dedicated Dial-up Connection (Unlimited)

Defined as a client based single-user attended access account.(Attended access is defined as interactive use of an established Internet connection by the account holder only.) Interactive use requires the physical presence of the account holder for the account to be considered attended access.

Pings, bots, and auto-checkers used to keep connections running are prohibited.

Use of a non-dedicated dial-up connection for the purpose of running any type of Internet server (Web, Chat, FTP, etc.) or connection of a multi-user local area network (LAN) or the use by multiple users connecting to the Internet is expressly prohibited.

The use of Dial-Up Connections in a manner inconsistant with a single-user attended access can result in the account being assessed by Venner Computer Services as a dedicated dial-up connection. Venner Computer Services reserves the right to charge and collect the appropriate commercial fees from customer for past service provided.

Non-Dedicated Dial-up Connection (Timed)

Defined as a client based single-user attended access account.(Attended access is defined as interactive use of an established Internet connection.)Interactive use requires the physical presence of the account holder for the account to be considered attended access.

Pings, bots, and auto-checkers used to keep connections running are prohibited.

Use of a non-dedicated dial-up connection for the purpose of running any type of Internet server (Web, Chat, FTP, etc.) is expressly prohibited.

Dedicated Connection

Defined as client and/or server based multi-user attended or unattended access account.

A dedicated Internet access account connection may be utilized for the purpose of running Internet servers, such as Web, Chat, FTP, etc.

The benefits conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to the account holder. Unless expressly authorized under terms of written approval resale or use of this connection by other person or persons is prohibited

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

In general, you may NOT use your Venner Computer Services account:

In a manner which violates any law, regulation, treaty or tariff;

In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your Venner Computer Services account;

In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;

To threaten, harass, abuse or intimidate others;

To damage the name or reputation of Venner Computer Services, affiliates and subsidiaries;

To break security on any computer network, or to access an account which does not belong to you; or

In a manner which interferes with other customers' use and enjoyment of the services provided by Venner Computer Services

Venner Computer Services abides by the Canadian Association of Internet Providers (CAIP) (www.caip.ca) voluntary Code of Ethics. This Code covers such issues as privacy and the extent to which we will cooperate with various law enforcement agencies.

Venner Computer Services reserves sole discretion to determine whether any use of the service is a violation of this policy.

FAIR USE

If it is deemed by Venner Computer Services, that a Customer, Client or user is utilizing his/her/their VCS Internet Services in any manner that prevents FAIR usage thereof by other Customers, Clients or Persons and/or it is deemed by Venner Computer Services, that a Customer, Client or Person is utilizing his/her/their VCS Internet Services in any manner that is not a PROPORTIONATE usage thereof with other Customers, Clients or Persons;

Venner Computer Services may:

Bill the Customer the disproportionate amount. Additional billing will be in Account Increments based upon average usage.

If an account holder utilizes twice the amount of resources as the average user they will be billed for two accounts.

Limit the Customer’s use of the VCS Internet Services (Limits will be set to the upper quadrant average usage by the customer base)

Discontinue and refuse to provide any Venner Computer Services.

The impetus for the creation of an ISP was the cost involved in buying and maintaining the network operation. To solve this problem and ISP provides "shared" resources to effectively lower the overall costs. This is not a new idea, it is fundamental in industries like insurance where your payment is calculated on a proportionate basis.

Like insurance, individuals can be charged extra or denied insurance because of factors that would disproportionately increase the costs for the other participants.

 ELECTRONIC MAIL

The following examples are non-exclusive and are provided for your guidance.

You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.

Individuals who are operating their own mail servers should ensure that their systems are secured against external relaying to prevent abuse of resources.

Individuals who maintain mailing lists should ensure that their mailing list software requires confirmation of subscription to prevent malicious subscriptions to lists by third parties.

You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers.

Forging, altering or removing electronic mail headers is prohibited.

You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").

You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages.

You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.

Venner Computer Services accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.

If you use the services of another provider to promote a web site hosted by or through VENNER COMPUTER SERVICES, then the provisions of this Acceptable Use Policy shall apply to the methods used to promote such site.

 NEWSGROUPS

Venner Computer Services provides an uncensored newsfeed. As such, VCS INTERNET does not control the content of the newsgroups available to you. VCS INTERNET believes that decisions about which newsgroups and messages to read are best left to its customers. Screening software is available from third parties, and it is your responsibility to use such tools if desired. VENNER COMPUTER SERVICES is not responsible for the content of any newsgroup message, whether or not the message was posted by a VCS INTERNET customer.

Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. If you are unable to find a newsgroup's policy regarding commercial messages, you must assume that such messages are not welcome.

You may not post or cross-post the same or substantially similar message to more than 5 newsgroups. Continued cross-posting can result in termination of service and the cancellation of the message.

You may not post binary files to newsgroups not specifically named for that purpose.

You may not post messages promoting pyramid schemes, "Make Money Fast" (MMF) schemes, chain letters, or other schemes to newsgroups. Doing so will result in immediate termination of service.

You may not forge or remove header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

You may not solicit mail for any address other than your Venner Computer Services Internet Service account or service where doing so manifests an intent to harass others.

You may not post messages for the purpose of threatening, harassing or intimidating others.

You may not post messages which infringe on personal or property rights of others (privacy rights or copyrights, for example).

You may not cancel messages other than your own, with the exception of official newsgroup moderators performing their duties.

 HOMEPAGE, WEB PAGES, WEB SITES

The customers, clients or users are solely responsible for any information contained on their homepages, web pages or web sites. However, if complaints are received regarding language, content or graphics contained on your homepage, web pages, or web sites, VENNER COMPUTER SERVICES may, at its sole discretion, remove the homepage, web pages, or web site hosted on VENNER COMPUTER SERVICES servers and terminate your service and/or your access.

You may not use your personal home page site to publish material that VENNER COMPUTER SERVICES determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).

Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.

Objectionable content is otherwise legal content with which VENNER COMPUTER SERVICES concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

 EXTRA E-MAIL BOXES

As the primary account holder, you are responsible for all account activity. If a Secondary mailbox or mailbox alias is involved in a violation of the Acceptable Use Policy, your account, including all Secondary mailboxes and mailbox aliases may be terminated. A terminated account will result in lost e-mail and Internet access for all users of your account. Therefore, it is important that you make sure everyone you allow to use your account or a Secondary mailbox or mailbox alias understands all terms of this Acceptable Use Policy and the consequences of violations.

 SECURITY

For security purposes the listed account holder, and/or the listed account administrator are the only authorized individuals that may request edits, changes, or information for the account. Authorization to release information and/or edit and/or make changes from anyone other than the listed account holder and/or the listed account administrator must be received in writing.

Your password provides access to your account. It is your responsibility to keep your password secure.

Passwords must contain at least six characters, and should contain at least one number or symbol, should contain both uppercase and lowercase letters, and should not be based on any word found in the dictionary or on any personal information (name or birth date, for example). Your password should not be the same as your userid.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. VENNER COMPUTER SERVICES will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

BILLING

Charges for usage by customer beyond the base amount of usage contained in customer's service plan shall be billed the following month along with base charges for the coming month.

Volume discounts for bulk purchases of monthly connectivity services remain in effect for the total length of the term, otherwise, full fees will apply.

Pre-authorized Payment by credit card or automatic bank debit is the preferred method of payment.

Payment is due by the first of the month or upon receipt of any invoice.

Prepaid amounts that are refunded are subject to a $25.00 service charge and are billed at current monthly rates for the portion of the timed used. Full refunds are available within the first seven (7) days excepting for violations of the Acceptable Use Policy.

Venner Computer Services may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein.

Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle, and are subject to a 2% per month service charge (24 % per annum).

Accounts that are delinquent for two accounting cycles are put on "accounting hold" their files archived and access denied. . VCS Internet accounts continue to accrue charges while they are on hold. Accounts that are unpaid for three accounting cycles have their files purged.

There is a service reconnection charge equal to one half the currently charged set-up fee, or ten dollars, whichever is greater, to remove accounts from accounting hold status.

The account holder acknowledges responsibility for the account until payment in full is made.

There is a $20.00 service charge for each returned check.

An automatic reminder has been programmed into your account, to have you added to the Venner Computer Services listserver, in order for you to receive the VCS Internet newsletters and important notices.

ACCOUNT CANCELLATIONS

Cancellation requests for Venner Computer Services Internet accounts must be received in writing via fax, or postal service at Venner Computer Services main office one month prior to the next billing cycle. The inherent difficulties in verifying the authorship of email makes it un-satisfactory for transmitting account cancellations.

TECHNICAL SUPPORT

The User agrees to obtain

A basic knowledge of their computer’s operating system, configuration and interface.

A basic knowledge of the Internet and its operating principles and procedures.

NETWORK PERFORMANCE

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs that negatively impact other customers or the performance of VCS INTERNET systems or networks. VCS INTERNET reserves the right to terminate or limit such activities.

You may not provide network services from your dial up account (for example, you may not use your account to operate an ftp or a web server).

Messages left on VCS INTERNET's mail servers for more than forty-five (45) days are subject to immediate deletion.. Total mailbox storage is limited to five megabytes without regard to the age of messages in the mailbox. Once the five-megabyte limit is exceeded, any incoming messages will be returned to the sender until the subscriber reduces mailbox size by removing mail from the server.

You may not employ automated electronic or mechanical processes designed to defeat network inactivity time-outs. Such tools include, but are not limited to, use of an auto-dialer and repetitive pinging of a host.

INTERNET RELAY CHAT

You may not use IRC scripts or programs that interfere with or deny service to other users on any other server, host, network or channel.

You may not engage in activities that harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service), "flashing" (disrupting terminal emulation), "takeovers" (improper seizing and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors.

You may not attempt to impersonate other users. The use of nicknames does not constitute impersonation.

You may run "clones" (multiple simultaneous IRC connections) and "robots" only as permitted by the host IRC server.

PENALTIES

LIMITATION OF LIABILITY

Venner Computer Services is not responsible for Customer's files residing on the VCS Internet network. Customer is responsible for independent backup of all such data at a site determined by customer.

Venner Computer Services cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet.

Venner Computer Services is in no way responsible for any data loss or damage arising from viral infection from the Internet.

VENNER COMPUTER SERVICES and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to:

your inability or failure to perform research or related work or to work properly or completely, or

any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, VENNER COMPUTER SERVICES Internet Service. VENNER COMPUTER SERVICES will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions.

Use of any information obtained via VENNER COMPUTER SERVICES Internet Service is at your sole risk.

VENNER COMPUTER SERVICES specifically disclaims any responsibility for the accuracy or quality of information obtained through VENNER COMPUTER SERVICES Internet Service.

It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent.

VCS Internet network services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright.

You agree to indemnify and hold harmless Venner Computer Services (AKA VCS, VCS Internet, vennercs.com, 798437 Alberta, Ltd.) from any claims resulting from your use of the service that damages you or another party.

Any access to other networks through the VCS Internet network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise.

Venner Computer Services and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided.

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall VENNER COMPUTER SERVICES be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if VENNER COMPUTER SERVICES has been informed of the possibility of such damages, or for any claim by any other party.

OPERATION

Customer understands that VCS Internet services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse.

Customer understands that it may not receive advance notification of any such interruption of service.

There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration. At its sole discretion, Venner Computer Services may elect to provide a pro rata or additional/extension of service refund for service interruptions of greater than 24 hours.

Venner Computer Services reserves the right at its sole discretion to delete any information entered into VCS Internet network computer systems by a Customer. VCS Internet and its authorized representatives shall retain the right, but shall not be obligated, to review/accept/reject publicly viewable information.

VCS Internet reserves the right to disconnect non-dedicated dial-up connections with inactivity for more than 15 minutes ("time-out"). Non-dedicated dial-up connections may not be utilized as a dedicated connection, and VCS Internet reserves the right to disconnect non-dedicated dial-up connections exceeding 4 hours in connection duration.

VCS Internet reserves the right to delete Customer's files, including but not limited to Web page(s) and email, for which a storage fee has not been paid and which have not been accessed for more than one (1) month.

VCS Internet reserves the right to refuse and/or terminate service to anyone or any entity for any reason at its sole discretion with or without notice.

The owner of this document is the Network Operations Centre (NOC) of Venner Computer Services.

April 1st, 1999