WE THANK YOU FOR YOUR INTEREST IN THE 8COM WEB SITE (THE "8COM STORE"). PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE 8COM STORE. BY USING THE 8COM STORE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE 8COM STORE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE 8COM STORE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
1. Rights in 8COM Store and Content
The 8COM Store and all content provided on the 8COM Store is protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by 8COM and/or its affiliates and related companies. Nothing contained on the 8COM Store should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying 8COM and/or its affiliates and related companies or their respective products and services displayed on the 8COM Store, without the expressed written consent of 8COM or such third party that may own such trade-marks, logos and other names displayed on the 8COM Store.
2. Use of 8COM Store and Content 2.1 No information or material from the 8COM Store may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the 8COM Store and any content accessed through the 8COM Store. You are hereby advised that 8COM will aggressively enforce its intellectual property rights to the fullest extent permitted by law.
2.2 You will use the 8COM Store and any content, material, or information found on the 8COM Store solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the 8COM Store any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the 8COM Store. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the 8COM Store.
2.3 8COM has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the 8COM Store, and 8COM is not responsible for any of this material or information. However, 8COM reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, 8COM reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
2.4 You hereby grant to 8COM a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to the 8COM Store and/or to incorporate it in other works regardless of form, medium or technology.
3. Disclaimer of Warranties & Limitation of Liability
3.1 THE INFORMATION CONTAINED ON THE 8COM STORE IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER'S NEED. DOCUMENTS PROVIDED ON THE 8COM STORE ARE PROVIDED AS A SERVICE ONLY, AND DO NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. THE 8COM STORE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE 8COM STORE, ARE PROVIDED ON AN "AS IS" BASIS. 8COM, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE 8COM STORE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE 8COM STORE. Neither 8COM NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES any representations or warranties as to the accuracy, TIMELINESS, reliability, TRUTHFULNESS OR completeness OF THE 8COM STORE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE 8COM STORE, INCLUDING, BUT NOT LIMITED TO, THE contents of any content, information, material, OR posting found on the 8COM Store (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), any Services provided through the 8COM Store, or any links to other sites made available on the 8COM Store OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE 8COM STORE. NEITHER 8COM NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE 8COM STORE OR ACCESS TO AND USE OF THE 8COM STORE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. You expressly agree that use of the 8COM Store Is at your sole risk.
3.2 INFORMATION PROVIDED ON THE 8COM STORE MAY CONTAIN REFERENCES OR CROSS REFERENCES TO 8COM, ITS AFFILIATES AND RELATED COMPANIES' PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN YOUR LOCAL AREA AND 8COM, ITS AFFILIATES AND RELATED COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND SUCH REFERENCES DO NOT IMPLY THAT 8COM, ITS AFFILIATES AND RELATED COMPANIES INTEND TO PROVIDE SUCH PRODUCTS OR SERVICES IN YOUR LOCAL AREA. 8COM RECOMMENDS THAT YOU CONSULT WITH YOUR NEAREST 8COM BUSINESS OFFICE FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES WHICH MAY BE AVAILABLE TO YOU IN YOUR LOCAL AREA. WEB SITES ACCESSED VIA LINKS OR OTHER MEANS FROM THE 8COM STORE HAVE, UNLESS OTHERWISE INDICATED, BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES. THE INCLUSION OF ANY INFORMATION, MATERIAL, CONTENT OR LINKS ON THE 8COM STORE SHOULD NOT BE CONSTRUED AS AN EXPRESS NOR AN IMPLIED ENDORSEMENT OF ANY THIRD PARTY PRODUCTS OR SERVICES.
3.3 Under no circumstances, including, but not limited to, negligence, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH shall 8COM or ITS affiliates AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS be liable for any DIRECT, indirect, incidental, special or consequential damages OR ANY LOSS that result from the use of, or the inability to use, any content, information, material, OR postings on the 8COM Store, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither 8COM nor ITS affiliates AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless 8COM, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of the 8COM Store, the content contained in the 8COM Store and the placement or transmission of any information or other materials on the 8COM Store made by you or others using your account. You agree to promptly notify 8COM immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. 8COM reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
If you are dissatisfied with the 8COM Store or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the 8COM Store. In such an event, you agree to destroy all materials obtained by you on the 8COM Store and any and all other 8COM Store(s) and all copies thereof. The Terms and Conditions shall survive any such termination.
6. Miscellaneous Terms
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as 8COM may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies, guidelines or other agreements posted on the 8COM Store by 8COM constitute the entire agreement between 8COM and you with respect to your use of the 8COM Store. Notwithstanding the foregoing, any products or services which you purchase through the 8COM Store shall be subject to all terms and conditions relating to such purchase provided to you from time to time including, without limitation, all terms and conditions posted on the 8COM Store and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased. No waiver by either 8COM or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
8COM Inc. and its various affiliates and subsidiaries (collectively “we”, “us”, “our”) are committed to being responsible network citizens. To assist us in protecting the usefulness and enjoyment of the Internet, you agree to abide by the terms of this Acceptable Use Policy (the “AUP”). Any violation of this AUP will constitute a violation of the terms of the Terms and Conditions of Service (“Terms of Service”) and form part of your End-User Service Agreement (“Agreement”) with us, and such violation may result in the termination of such Agreement and/or suspension of your Service thereunder.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE AND THIS AUP, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY 8COM THAT YOU ARE TERMINATING THE SERVICES.
If you have any questions about this AUP, by one of the following means:
• Email: [email protected]om.ca
• Telephone: 1-855-230-9900 for English service
• Fax: 416-745-9944; or
• By writing to: 8COM Inc., Attention: Customer Service, 2 – 1011 Meyerside Dr, Mississauga, ON, L5T1K8
For the purposes of this AUP, "Internet host" means any computer or electronic device connected to the Internet. Terms not otherwise defined in this AUP will have the meanings set out in the Terms of Service.
Your Service is solely for your personal use; without limitation, you may not use the Service or any equipment provided in connection with the Service for operation of an Internet service provider's business. You may also not use it for any commercial purpose, unless specifically authorized pursuant to a written agreement between us and you, and where such authorization exists, the commercial use must conform to all of the terms of any such agreement.
Harassing or abusive language or actions, whether verbal, written or otherwise, of our employees, suppliers, agents and representatives is strictly prohibited and will not be tolerated.
You are prohibited from using the Service for activities that include, but are not limited to:
Invading another person’s privacy;
Access or attempt to access any Internet host, computer, software or data belonging to any other person without that person’s authorization, or use any tools designed to facilitate such access, such as "packet sniffers";
Transmitting unsolicited messages that, in our sole judgment, cause significant disruption or elicit complaints from other Internet users.
Restricting or inhibiting any other user from using or enjoying the Internet, impairing the operations or efficiency of the Service or creating an unusually large burden on our networks.
Exceeding any bandwidth or data storage caps or other limitations of the Service or any applicable and lawful requirement imposed by another provider of telecommunications services providing underlying high-speed, Internet or other services to us.
Harassing users or groups in any way including but not limited to defaming, abusing, stalking, threatening or otherwise violating the legal rights of others.
Impersonating other subscribers of ours or of other Internet service providers or any other person or entity in any way, or engaging in any other fraudulent activities, including but not limited to, forging anyone’s digital or manual signature.
Uploading or downloading, transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to information, software, files or other material that: (i) are protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) are defamatory, obscene, child pornography or hate literature; (iii) constitute invasion of privacy, appropriation of personality, or unauthorized linking or framing; or (iv) are otherwise unlawful.
Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file.
Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, programs or information designed to assist users in defeating copy-protection, registration and any other anti-theft mechanisms associated with commercial or shareware programs.
Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, programs or information (including, without limitations, guessing programs, cracking tools or network probing tools) designed to assist users in compromising the security of the Service, our network or telecommunications services.
Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, programs or information designed to assist in the fraudulent use of telecommunications services.
Interfering with computer networking or telecommunications systems and/or service to or from any Internet user, host, server or network, including but not limited to compromising the security of or tampering with system resources or accounts, denial of service attacks, overloading a service, improper seizure and abuse of operator privileges ("hacking") or attempting to "crash" a host, disrupting sessions of other Internet users or consuming excessive amounts of central processing unit time, memory or disk space;
Using an Internet host's resources in a manner which is not authorized by its administrators. This includes mail relaying, transmitting chain letters, make-money-fast or pyramid style schemes of any sort.
Posting or transmitting any information or software which contains a virus, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component.
Unless you have purchased Services that are specifically designed and authorized to support such functionalities, operating a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums.
Reselling any of the Services or using the Services other than for your own personal purposes. Without limiting the foregoing, you agree that you will not use the Services to provide Internet access or any other feature of the Services to any third party.
Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability.
Violating or breaching any applicable laws and/or regulations.
III. ELECTRONIC MAIL
Our email service, as further described in your Agreement, is for your personal use. You may not sublicense, distribute, transfer, or sell the email service or any portion thereof.
You agree to use the email service only to send and receive messages and material that are proper. In addition to the general terms set out above, and by way of example, and not as a limitation, you agree that when using the email service, you will not:
Use such service in connection with pyramid schemes, spamming or any unsolicited messages (commercial or otherwise).
Restrict or inhibit any other user from using or enjoying such service.
Create a false identity for the purpose of misleading others or forge the headers of your email messages in any way.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such service or other user or usage information or any portion thereof.
Promote or facilitate the transmission of unsolicited email messages.
Attach an excessively long signature to your messages.
Send messages to disrupt or cause difficulties in receiving other email.
In the event that you maintain one or more bulk "opt-in" email lists, you must have a method of confirmation of subscriptions and be able to provide such information when requested by us. At our discretion, if no such evidence is available, such bulk emailings may be considered unsolicited.
We reserve the right, in our sole discretion, to set an upper limit on the number of recipients of customer initiated email, the number of subscribers on a customer's bulk "opt-in" email lists, and the number of messages a customer may send or receive through our email service.
Neither we nor any of our suppliers have any obligation to monitor the email service. However, we and our suppliers reserve the right to review materials sent through such service, and to remove any materials in our/their sole discretion. We, in our sole discretion, may terminate your access to the email service at any time, without notice.
We, and our suppliers, reserve the right at all times to disclose any information as we/they, in our/their sole discretion, deem necessary to satisfy any applicable law, regulation, legal process or governmental request. We and our suppliers further reserve the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in our/their sole discretion.
IV. NEWSGROUPS / DISCUSSION FORUMS
In addition to the general terms set out above, while posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:
Posting advertisements, commercial or unsolicited messages of any kind, unless expressly permitted by the charter or FAQ of the applicable newsgroup or discussion forum.
Posting binary or excessively large files of any kind, unless expressly permitted by the charter or FAQ of the applicable newsgroup or discussion forum.
Posting substantially identical messages to more than ten newsgroups.
Attaching an excessively long signature to your messages.
Forging the headers of your postings in any way.
Newsgroup and forum postings must comply with each newsgroup's or discussion forum's respective charter or FAQ.
V. INTERNET RELAY CHAT (“IRC”)/CHAT
In addition to the general terms set out above, while using IRC or any other chat service, you are prohibited from conducting activities that include, but are not limited to:
Sending messages that include advertisements or commercial content of any kind in an unsolicited matter.
Attempting a “denial of service” attack either automated via a bot or conducted manually.
Additionally, while using an IRC Server or any other chat service, you must be in full compliance with the rules and regulations set out by the server administrator.
VI. NETWORK / SECURITY
In addition to the general terms set out above, you are prohibited from using the Service for activities that include, but are not limited to:
Sharing of your Account userid(s) and password(s) for the purpose of concurrent login sessions from the same Account.
Causing an Internet host to become unable to effectively service requests from other hosts.
Analyzing or penetrating an Internet host's security mechanisms.
Forging any part of the TCP/IP packet headers in any way.
Committing any act that may compromise the security of your Internet host in any way.
As further set out in your Agreement, you are solely responsible for the security of your system and Account. We will offer full co-operation with law enforcement agencies in connection with any investigation arising from a breach of this AUP.
In the event that numerous complaints are received by our staff in regards to any breaches of this AUP, at our discretion a processing fee per complaint received, in addition to an administration fee, may be applied to your Account. This remedy is in addition to any other remedy that we may apply for any single or repeated complaints or while we are investigating any such complaint(s), and such additional remedies may include, without limitation, suspension or termination of the provision of the Service or any part thereof to you and/or terminating the Agreement, which may be done at any time and without prior notice to you.
We may at any time and from time to time amend this AUP by posting notice of the amended AUP on our website(s) or by sending you notice via email to the primary email account associated with your Account, and such modification shall be effective as of the earlier of the date of posting of the modified AUP or the date identified in the email, as applicable.
The AUP is governed exclusively by and construed in accordance with the laws of the province or territory in which your billing address is located, but if your billing address is outside of Canada, the AUP is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. If any provision in this AUP is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified without affecting the validity of the other provisions.
Our failure to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right.
The parties have required that this Acceptable Use Policy and all related documents be drawn up in English. Les parties ont demandé quecette Politique D’utilisation Acceptable ainsiquetousles documents quis'yrattachentsoient rédigés en anglais.
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