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Minto Communications Society Acceptable Use Policy For High-Speed Internet Services

Contents

  1. Prohibited Uses and Activities
  2. Subscriber Conduct and Features of the Service
  3. Network Management and Limitations on Bandwidth Consumption
  4. Violation of this Acceptable Use Policy
  5. Copyright Act Requirements

Why is Minto providing this Policy to me?

Minto's goal is to provide its members with the best residential wireless Internet service possible. In order to help accomplish this, Minto has adopted this Acceptable Use Policy (the "Policy"). This Policy outlines acceptable use of the Minto High-Speed Internet service (the "Service"). This Policy is in addition to any restrictions contained in the Minto Agreement for Residential Services (the "Subscriber Agreement") available at www.mintocomm.ca. All capitalized terms used in this Policy that are not defined here have the meanings given to them in the Subscriber Agreement.

What obligations do I have under this Policy?

All Minto High-Speed Internet subscribers and all others who use the Service (the "subscriber," "user," "you," or "your") must comply with this Policy. Your failure to comply with this Policy could result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify Minto so that it can close your account.

How will I know when Minto changes this Policy?

Minto may revise this Policy from time to time by posting a new version on the Web site at www.mintocomm.ca or any successor URL(s) (the "Mintocomm.ca Web site"). Minto will use reasonable efforts to make members aware of any changes to this Policy, which may include sending e-mail announcements or posting information on the Mintocomm.ca Web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, subscribers of the Minto High-Speed Internet Service should read any Minto announcements they receive and regularly visit the Mintocomm.ca Web site and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy to, and report violations of it at, www.mintocomm.ca.

I. Prohibited Uses and Activities

What uses and activities does Minto prohibit?

In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Minto Equipment, either individually or in combination with one another, to:

Conduct and information restrictions

Technical restrictions Network and usage restrictions

II. Subscriber Conduct and Features of the Service

What obligations do I have under this Policy?

In addition to being responsible for your own compliance with this Policy, you are also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Minto recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by Minto and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.
It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by Minto that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

How does Minto address inappropriate content and transmissions?

Minto reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of the "Content and information restrictions" section above in this Policy, harmful to its network or subscribers using the Service, negatively affecting its network or subscribers using the Service, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither Minto nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, Minto and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy and the Subscriber Agreement.

What requirements apply to electronic mail?

The Service may not be used to communicate or distribute e-mail or other forms of communications in violation of the "Content and information restrictions" section above in this Policy.
Minto is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. Minto is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at Minto's sole discretion. In the event that Minto believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an "identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Minto (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any subscriber to change his or her identifier. In addition, Minto may at any time reserve any identifiers on the Service for Minto's own purposes. In the event that a Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.

What requirements apply to newsgroups?

Messages posted to newsgroups must comply with the written charters, policies, or frequently asked questions (FAQs) for those newsgroups as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. You are responsible for determining the policies of a given newsgroup before posting to it. Minto reserves the right to discontinue access to any newsgroup at any time for any reason. Minto permits users of the Service to download a fixed maximum of newsgroup content in any one month as specified in the applicable newsgroup terms of service, unless users are subject to a Service plan that permits downloading more newsgroup content.

What requirements apply to instant, video, and audio messages?

Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Minto assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.

What requirements apply to personal web pages and file storage?

As part of the Service, Minto provides access to personal Web pages and storage space through the Personal Web Pages and Online Storage features (collectively, the "Personal Web Features"). You are solely responsible for any information that you or others publish or store on the Personal Web Features. You are also responsible for ensuring that all content made available through the Personal Web Features is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. Minto reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of the "Content and information restrictions" section above in this Policy. For purposes of this Policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. Minto may remove or block content contained on your Personal Web Features and terminate your Personal Web Features and/or your use of the Service if we determine that you have violated the terms of this Policy.

III. Network Management and Limitations on Bandwidth Consumption

Why does Minto manage its network?

Minto manages its network with one goal: to deliver the best possible broadband Internet experience to all of its subscribers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as Minto works to promote the use and enjoyment of the Internet by all of its subscribers. The company uses reasonable network management practices that are consistent with industry standards. Minto tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company's network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
The need to engage in network management is not limited to Minto. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that Minto does. If the company didn't manage its network, its subscribers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this Policy, Minto can deliver the best possible broadband Internet experience to all of its subscribers.

How does Minto manage its network?

Minto uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to subscriber e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily delaying peer-to-peer sessions (or sessions using other applications or protocols) during periods of high network congestion, (iv) limiting the number of peer-to-peer sessions during periods of high network congestion, and (v) using other tools and techniques that Minto may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its subscribers.

Are there restrictions on bandwidth consumption that apply to the Service?

The Service is for personal and non-commercial residential use only. Therefore, Minto reserves the right to suspend or terminate Service accounts where bandwidth consumption is not characteristic of a typical residential user of the Service as determined by the company in its sole discretion. Common activities that may cause excessive bandwidth consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol ("FTP"), (ii) peer-to-peer applications, and (iii) newsgroups, whether provided by Minto or a third party. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Service, nor represent (as determined by Minto in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Minto's ability to deliver and monitor the Service or any part of its network.
If you use the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, Minto may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a version of the Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Service at higher bandwidth consumption levels. Minto may also provide versions of the Service with different speed and bandwidth consumption limitations, among other characteristics, subject to applicable Service plans.

IV. Violation of this Acceptable Use Policy

What happens if you violate this Policy?

Minto reserves the right immediately to suspend or terminate your Service account and terminate the Subscriber Agreement if you violate the terms of this Policy or the Subscriber Agreement.

How does Minto enforce this Policy?

Minto does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate bandwidth consumption in connection with the bandwidth consumption provisions of this Policy. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Minto has no obligation to monitor the Service and/or the network. However, Minto and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Minto users.
Minto prefers to inform subscribers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Minto also prefers to have subscribers directly resolve any disputes or disagreements they may have with others, whether subscribers or not, without Minto's intervention. However, if the Service is used in a way that Minto or its suppliers, in their sole discretion, believe violates this Policy, Minto or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither Minto nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Minto's exclusive remedies and Minto may take any other legal or technical actions it deems appropriate with or without notice.
Minto reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Minto's servers and network. During an investigation, Minto may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to Minto and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, Minto is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).
The failure of Minto or its suppliers 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 law as nearly as possible, and the remaining portions will remain in full force and effect.
You agree to indemnify, defend and hold harmless Minto and its affiliates, suppliers, and agents against all claims and expenses (including reasonable legal fees) resulting from any violation of this Policy. Your indemnification will survive any termination of the Subscriber Agreement.

V. Copyright Act Requirements

How do copyright owners report alleged infringements to Minto?

Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending Minto's authorized agent a notification of claimed infringement that satisfies the requirements of the Copyright Act. Upon Minto's receipt of a satisfactory notice of claimed infringement for these works, Minto will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s). Minto will also notify the affected subscriber or user of the Service of the removal or disabling of access to the work(s).
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of the Copyright Act. Under the Act, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Minto, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

What can subscribers do if they receive a notification of alleged infringement?

If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Minto. Upon Minto's receipt of a counter notification that satisfies the requirements of DMCA, Minto will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Minto will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Minto's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of the Copyright Act.

Revised and effective: August 05, 2008
Copyright The Minto Communications Society, 2008