Acceptable Internet Service Use Policy

The NISA Internet Technologies Inc. ("NISA") acceptable service use policy (AUP) focuses on a responsible use of the Internet and its resources, and avoiding practices which degrade the usability of the network for all Internet users.

POLICIES
While the actual policy is stated below in full, the key themes can be summarized as follows. The full policy must be reviewed to understand the acceptable use terms.

NISA's services must be used for lawful purposes only.
Customers shall not transmit; copyright material without consent of the copyright owner; material legally judged to be threatening or obscene; third party material protected by trade secret.
Customers that participate in the mass distribution of unsolicited e-mail / newsgroup messages, will be dealt with immediately.
The Customer may not circumvent user authentication or security of any host, network, or account.
The Customer agrees to not, through its own operations, cause disturbances, outages or other problems which may affect NISA's network or network based equipment, or which may adversely affect NISA's ability to provide services.
NISA reserves the right to, at its sole determination and without notice, remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the AUP.
For purposes of this AUP, a "customer" is defined to include the organization with which NISA has a service agreement or contract. A "customer" shall also be responsible for the Internet services use of any subsidiaries, affiliates, partners, suppliers, and otherwise clients that directly or indirectly utilize NISA services provided to the customer.

The Customer may only use NISA services for lawful purposes. The use of the NISA network or systems in violation of any Canadian or international legislation or regulation is prohibited. This includes, but is not limited to, transmission of copyright material without consent of the copyright owner, material legally judged to be threatening offensive, or obscene, and third party material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law. NISA will fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement authorities.

The Customer will indemnify and hold NISA harmless from any claim brought by third parties alleging that use of NISA services by the Customer has infringed any applicable Canadian or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgments finally awarded against NISA arising from such claims. The Customer shall give NISA notice of any claim the Customer is involved with or aware of. NISA will cooperate with other online and Internet service providers to discourage and resist abuses of acceptable use policies. NISA reserves the right to take corrective action upon notification to NISA of unacceptable use by the Customer on other networks. NISA reserves the right to, at its discretion and without notice, remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the AUP.

The Customer may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks"). Customers are forbidden to send e-mail to any person who does not wish to receive it. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements, etc.) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam"). Customers caught spamming on NISA's network, or who persist in the mass distribution of unsolicited e-mail messages, will be dealt with immediately under a zero tolerance policy.

The NISA services may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees to not, through its own operations, cause disturbances, outages or other problems which may affect NISA's network or network based equipment, or which may adversely affect NISA's ability to provide services.

NISA reserves the right to, at its discretion and without notice, automatically filter, disconnect and/or deny access to any NISA customer who violates this policy. This remedy shall also be applied when the Customer has engaged in any of the foregoing activities by using the service of another provider, but channeling such activities through a NISA account, remailer, or otherwise through a NISA service or using a NISA account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect a NISA service. NISA reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.

Nothing contained in this policy shall be construed to limit NISA's actions or remedies in any way with respect to any of the foregoing activities, and NISA reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the NISA service, and levying cancellation charges to cover NISA's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, NISA reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

The AUP is subject to change. If you have any questions regarding NISA's acceptable service use policy, please contact admin@NISA.net. To report a suspected breach of NISA's acceptable service use policy, please contact abuse@NISA.net.

Should NISA's network be utilized for the purpose of spamming, the offending party (whether a customer by definition of this AUP or any other person, company or organization) recognizes and agrees that NISA, at its sole discretion, may bill the party responsible for spamming (as well as any other entity or person associated with the spam or the offer contained within it) for the costs involved in cleanup, support, bandwidth and server usage, complaint response, and any other charges relating to the spam up to a maximum of $500 USD per unauthorized message sent into or through NISA's servers or via NISA's network. Email messages falling under this category are those that are sent (bulk or not) without authorization by NISA, its customers, or the recipients of the messages.

Spammers shall be considered any person or entity that matches any one or more items below:
 

• uses NISA's servers or any server on NISA's network to relay bulk email without NISA's permission
   

• uses a purchased mailing list to email customers using or forging an email address located on NISA's servers or any server on NISA's network or advertising a website located on NISA's servers or any server on NISA's network
   

• cultivates email addresses for a mailing list without specifically notifying the user that their email address is being used for a such a purpose and not using a method deemed adequate by NISA for ensuring that the user that signs up for a mailing list is the owner of the email address (opt-in with email verification)
   

• does not have an adequate automated method to allow users to remove their email address from a mailing list
   

• does not utilize some method to regularly clean out their mailing list of old and expired email addresses.

As well, and without further notice, NISA may cause email and access to offending spammer's websites to be blocked to prevent further unauthorized access to NISA's mail servers and client's mailboxes.

NISA's clients are also subject to NISA's Terms and Conditions of service.