PurposeThis Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from PINGPIPE. All Users are required to comply with this Policy to enhance the quality of the Services and to protect PINGPIPE's customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
Prohibited UsesUsers may not utilize the services: 1) to send mass unsolicited e-mail to third parties. We charge a fee of $40 for each spam complaint received in the same 90 day period after the first 3, plus administrative fees for removing any associated blacklistings
2) to be involved in the distribution of tools designed for the aiding of Unsolicited Bulk Email (UBE). 3) in such a way that User becomes documented on a recognized SPAM abuse list or if the User has previously been denied access from another provider due to acceptable use policy violations. 4) in connection with any illegal activity. 5) to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party. 6) in connection with any tortuous or actionable activity. 7) to cause denial of service attacks against PingPipe or other network hosts or Internet users or to otherwise degrade or impair the operation of PingPipe servers and facilities or the servers and facilities of other network hosts or Internet users. 8) to subvert, or assist others in subverting, the security or integrity of any PingPipe systems, facilities or equipment. 9) to gain unauthorized access to the computer networks of PingPipe or any other person or company. 10) to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code. 11) to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity to attempt to deceive or mislead other persons regarding the true identity of the User 12) to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services 13) to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator). 14) to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam. 15) in any manner that might subject PingPipe to unfavourable regulatory action, subject PingPipe to any liability for any reason, or adversely affect PingPipe's public image, reputation or goodwill, as determined by PingPipe in its sole discretion. 16) in any other manner to interrupt or interfere with the Internet usage of other persons.
ViolationsDisclaimer and Assumption of Risk: Notwithstanding this Policy, Users of the Internet (including the Services) make such use at their own risk, acknowledging that there are known and unanticipated risks associated with Internet use, some of which could result in physical, emotional or psychological injury or even death, or damage to individuals, to property, or to third parties. Such risks cannot be eliminated without jeopardizing the essential qualities of use of the Internet. These risks include, among other things: credit card theft, identity theft, fraud, solicitation, stalking, and invasion of privacy, unwanted receipt of offensive or obscene material, trespass to chattels or denial of service attacks. PINGPIPE expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. PINGPIPE has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any web site. Users voluntarily engage in the activity of Internet use and bear the risks associated with that activity. Reporting Non-Copyright Violations. PingPipe encourages Users to report violations of this policy by e-mail to: firstname.lastname@example.org, including in any such report the name of the offending domain. Reporting Copyright Violations: PingPipe complies with the Digital Millennium Copyright Act PingPipe encourages Users to report an alleged copyright infringement involving a user by sending an email to email@example.com, together with a notice that complies with the DMCA to: Legal Department PingPipe Internet Corporation Suite 416 - 2906 West Broadway Vancouver, BC V6K 2G8 Canada
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement. (For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).)
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit PINGPIPE to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
PingPipe has the right to suspend or terminate any Customer pursuant to any valid DMCA complaint. Furthermore, PingPipe, in its sole discretion, may suspend or terminate, without notice, any User that PingPipe determines is a repeat copyright infringer.
Remedies. If PingPipe learns of a violation of this Policy, PingPipe will respond to the applicable Customer and may, in PingPipe's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
Reservation of Rights
PingPipe reserves the right to involve and cooperate with appropriate legal authorities in investigations of claims of illegal activity involving PingPipe's Services, Customers and other Users. PINGPIPE reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. PINGPIPE may utilize technical means to monitor communications into, and out of, network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that PINGPIPE is authorized to monitor its communications through the PINGPIPE network for such purposes. Indemnification: User(s) will indemnify, defend, and hold harmless PINGPIPE, its affiliates, subsidiaries, officers, agents and employees from any and all claims, damages or lawsuits of any kind (including reasonable attorney fees) arising out of the User's use of the Services and negligent or illegal acts of User(s), its employees or agents, including, but not limited to, claims, damages or lawsuits arising out the use of those services.