Table of Contents
This section provides a general understanding of SaskTel's policy on the Acceptable Use of the SaskTel Internet
Access Services (the "Service"). It is designed to help protect our Service, our customers, and the Internet
If a SaskTel Internet account is involved in a violation of these policies, we reserve the right to suspend or terminate Service without notice.
- In the event that an Internet account is deactivated or cancelled as a result of any activities contrary to this policy, the account may be subject to set-up fees, reactivation charges and/or deposit requirements to be determined by SaskTel, if such account is permitted to be re-activated or re-established. Users whose accounts have been cancelled for misuse or violations of the terms and conditions applicable to the Service or this policy are not entitled to re-register for the Service without express written approval from SaskTel outside the normal flow of the registration process. Any further registrations for the Service by or for the user whose account has been terminated for such activities may be rejected or the new account(s) may be terminated upon discovery, and such further registration or use may subject the user to additional account set-up, analysis, monthly usage and/or termination charges for each such registration in amounts to be determined by SaskTel.
- SaskTel may take such action as it deems appropriate against any subscriber or account user for violations of the terms and conditions applicable to the Service or of this policy. However, there is no promise or obligation on our part to monitor or police any such activity and SaskTel will have no liability to any party for any other party's violation of these policies or the terms and conditions applicable to the Service.
- SaskTel has no obligation to censor or monitor use of the Service by you, any customer or any third party, including without limitation any obligation to censor or monitor any content, material or other information sent, received or accessible through the Service or the Internet. However, SaskTel has the right to, without notice, monitor use of the Service and monitor, review and retain such content, material or information if SaskTel believes in good faith that such activity is reasonably necessary to provide the Service to customers, ensure adherence to or enforce the terms of this policy, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
- If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in the above, which involves your account, you agree to immediately notify SaskTel and provide SaskTel with assistance, as requested, to stop and/or remedy such violation. SaskTel contact information may be found at www.sasktel.com.
- Without limiting any of SaskTel' rights to suspend, restrict or terminate your SaskTel Internet Services
account as described elsewhere in this policy, SaskTel may suspend, restrict or terminate your SaskTel
Internet Services account and the Service without notice if, in SaskTel's sole and absolute discretion, you
have violated any of the provisions set out in this policy or there is an Emergency Security Issue. An
Emergency Security Issue means either (a) your use of the Service is in violation of this policy in a manner
that (i) could disrupt the Service; (ii) could disrupt use of the Service by other users; or (iii) could disrupt
SaskTel’s network or servers or those of its suppliers used to provide the Service; or (b) unauthorized third
party access to the Service. Suspend, restrict or terminate your SaskTel Internet Services account and the
Service means immediate disabling of access to the Service or components of the Service as may be
applicable, to prevent further use of the Service.
- SaskTel shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account. SaskTel shall not be responsible for any damages, caused directly or indirectly, including, but not limited to loss of profits, loss of data or any loss of information as a result of the termination of your account
- In the event that SaskTel receives a complaint relating to use of the Service by a customer, SaskTel may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, monitor data traffic, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.
- SaskTel may, without notice or liability, disclose to third parties any customer information or any content,
information or materials associated with a SaskTel Internet Services account, if SaskTel believes that such activity is reasonably necessary to provide the Service to customers, ensure adherence to or enforce the terms of this policy, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
Amendments to this Policy
SaskTel reserves the right to amend this Policy at any time. SaskTel will publish this policy and any amendments on its web site at www.sasktel.com or otherwise electronically transmitted to users over the Service, as may be updated from time to time, before such amendments become effective. You are responsible for regularly reviewing the SaskTel web site to obtain timely notice of such amendments. If any amendment is unacceptable, you may terminate your SaskTel Internet Services account. If you do use your account after the effective date of the amendment, you will be conclusively deemed to have accepted the amendment.
Service, Network and System Interference
- Subscribers may not attempt to interfere with or compromise the operation of the SaskTel Internet network in whole or part, to interfere with any of the equipment comprising SaskTel's system, or to access other accounts or restricted areas of SaskTel's system.
- Subscribers may not use the Service in a manner that adversely affects the availability of its resources to other SaskTel Internet customers.
- Subscribers may not attempt to subvert or aid others to subvert the security of any computing facility.
- Subscribers may not interfere with use by any other authorized user, nor compromise the confidentiality of SaskTel's or any other party's internal business practices or records.
- Any attempts, whether successful or not, to gain access to any computer system or customer's data without consent is prohibited.
- To protect the interests of the customer and the integrity of SaskTel's network, a customer's Internet Dial-up account sessions that use the Service may be subject to idle timeouts. An account session may be determined to be idle if there appears to be no interactive, human generated data received from the remote user's computer system within a prescribed amount of time.
- A customer shall not in conjunction with use of the Dial-up Service artificially in any manner, such as using software to continually transmit packets of data or information, keep an Internet circuit alive to create a continuous dedicated connection.
- The Service is intended for accessing and using the Internet. It is not intended, nor may it be used, as a
substitute for other services such as local area network extension except where specified.
- As the user of the Service you may receive announcements from time to time from SaskTel by email regarding various aspects of the Service, including without limitation, notices of future upgrades or changes, service affecting issues or events, or special offers for Service users from SaskTel.
- You agree that sending mass, unsolicited email by users of the Service whether for advertising or other purposes is prohibited. Using a SaskTel email address to collect responses from unsolicited commercial email is prohibited. You may not use the Service to send threatening or harassing email. SaskTel will not attempt to mediate or otherwise become involved in any particular argument or dispute between users of the Service. SaskTel will co-operate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by users of the Service who believe they are being subject to unlawful harassment or other criminal activity.
- Sending outrageously threatening or harassing e-mail (for example, making terrorist threats, or threatening physical injury or damage to persons or property), especially after being requested to stop, is prohibited. However, not every "flame" message or angry exchange of e-mail can automatically be considered harassment. SaskTel is not responsible for the content or tone of any e-mail or other transmissions of the subscribers to its Service or other parties using the Internet, and subscribers or others should not expect that SaskTel would attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users.
- You acknowledge and agree that SaskTel's policy with respect to unsolicited email applicable to users of the Service may change from time to time. Such changes will be reflected in revised versions of the terms and conditions applying to the Service and/or this policy and made available to users of the Service from time to time, including but not limited to, being made available to your system's administrator for the Service. SaskTel reserves the right to immediately suspend or terminate your Service in the event you do not comply with SaskTel's policy respecting unsolicited email.
- You may not attempt to send email using a name and address of someone other than yourself. Attempting to impersonate any person, using forged headers or other identifying information is prohibited. Attempts to do so that are discovered by SaskTel or reported by other parties may be reported to the proper authority immediately, and may result in the offending account being terminated immediately. The use of anonymous re-mailers and nicknames, by themselves, does not necessarily constitute impersonation if it is not being done with the intention of misleading the recipient or another party into believing that you are some other specifically identifiable user or person other than yourself.
- Subscribers also may not engage in the following activities while using the Service:
- intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties;
- posting or transmitting a file that would infringe upon the rights of others including without limitation, trademarks, or service marks, confidential and/or proprietary information, and copyrighted materials;
- posting or transmitting a file or message through any storage medium that contains viruses, 'Trojan Horses', worms or any other destructive or contaminating features;
- knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
- publishing, posting, distributing or disseminating defamatory, infringing, obscene or other unlawful material or information;
- using the Service or systems to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this Acceptable Use Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks and piracy of software;
- advocating, promoting or providing any assistance in carrying out violence or any other unlawful activity against, any persons, animals or any governments, business or other entities;
- describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunitions, explosives, grenades, bombs and caustic or other dangerous substances contrary to any laws;
- foregoing or misrepresenting message headers, whether in whole or in part, to mask the originator of the message;
- exporting, encryption software over the internet or otherwise, to points outside Canada or the United States;
- accessing illegally or without authorization, computer accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system or engaging in any activity that be used as a precursor to an attempted system penetration, including but not limited to post scams, stealth scans, or other information gathering.
- It may be necessary for SaskTel employees or representatives to examine system operational and accounting logs and other records to resolve Service-related problems. SaskTel reserves the right to access an account's mailbox or other features to resolve problems or mail system errors.
- Email accounts that are inactive for a period of six months or more may be automatically deleted from the system in order to maintain optimum system server performance.
- In the event your Service is terminated for any reason by SaskTel, your email accounts provided as a feature of the Service will be terminated as well, meaning that you will be unable to access your messages stored in mailboxes assigned to you on and after the date of termination of your Service. Messages sent to your email mailboxes after termination of your Service will be returned to the sender with a message advising the sender that their message was unable to be delivered. The content of your mailbox at the time of termination of your Service will be retained for a period of 90 days after which time such content will be purged from SaskTel's system, unless you make specific arrangements with SaskTel for a one time access to such content for the purposes of retrieving the content of your mailboxes.
- SaskTel will not white list any SaskTel customer domain whether upon customer request or otherwise. SaskTel will not approve requests to take action to enable bulk messages to bypass systems in place to safeguard against bulk unsolicited email to SaskTel customers.
- In addition to Sections 1 – 10 above, Subscribers to any SaskTel Hosted Exchange email offering by subscribing to and using such offerings agree to the following Terms. In the event of any conflict between this Section 11 and any other section of this Acceptable Use Policy, the content of this Section 11 shall apply. In this Section 11, “Service Provider” means SaskTel.
A. General Terms and Conditions for Use
- The Service Provider maintains a policy of not monitoring the content of its customers' data in any way; however, the Customer acknowledges that in the course of providing the services Service Provider employees may access content. In this case, employees are prohibited from disclosing or divulging the contents of the data unless
required to do so by law. The Customer further agrees that the Service Provider has the right, but not the
obligation, to monitor or disclose the contents of private communications/data if the Service Provider, in its reasonable discretion, believes that such action is necessary to (i) comply with applicable laws or a valid legal
process; or (ii) protect the Service Provider’s rights or property, or (iii) maintain the personal safety of an
- The Customer acknowledges that the internet is an inherently insecure environment and that the Service
Provider has no control over the privacy of any e-mail message or other data when the same is outside of Service Provider's own internal system. Service Provider recommends that the Service Provider system not be used for the transmission or receipt of confidential information of any type; any such use shall be at the sole risk of the Customer and/or the user; the Service Provider and its employees, associates and related corporations shall be relieved from all liability in connection with such use including all liability for any disclosure of confidential information.
- You agree that you shall access or use the Service solely for your internal business or personal purposes and not for re-sale, lease, rent, transfer or distribution of any kind to a third party. Your use of the Service will be subject to the following limits or capacities, which may be revised at Service Provider’s discretion: (i) each mailbox accessed by you in connection with the Service will be subject to a maximum capacity determined by your service program; and (ii) you may only create or access one public folder in the Microsoft Software in connection with your use of the Service and such folder shall have a maximum capacity of 50 MBs. (iii) each SharePoint site will be subject to the maximum capacity of users and storage determined by your service program. In the event you exceed the preceding limits or capacities, Service Provider reserves the right to suspend, alter or terminate your access to or use of the Service, until such time as remedial action has been completed to Service Provider’s reasonable satisfaction.
- Neither the Customer, nor any of its users, shall: (i) post, transmit, send, receive or distribute any information constituting, or encouraging conduct which would constitute, a criminal offence or which would give rise to civil liability, or otherwise use the Services in a manner which is contrary to law; (ii) post or transmit any message, information, or software which contains a virus, cancelbot, trojan horse, worm or other component which is harmful or disruptive to computer systems; (iii) upload, post, publish, transmit, reproduce or distribute, in any way, information, software, literary work or other material which is protected by copyright, or other intellectual property right, or any derivative works with respect thereto, without obtaining the prior written permission of the copyright owner or right holder; (iv) carry out any unsolicited mass e-mail, spam or usenet advertising campaigns, or harvest e-mail addresses for any purpose including re-sale, or misrepresent or impersonate other internet users; and (v) engage in any activity which could cause loss or degradation of service to other Service Provider customers or internet users or which could compromise the security or integrity of other parties’ computer systems or software. If The Service Provider is advised of or detects any violation of the above prohibitions the Customer authorizes The Service Provider, without notice or compensation to Customer, to take
such steps as The Service Provider deems reasonably necessary to protect the integrity of The Service
Provider’s business and systems, including, without limitation, placing filters on routers which serve the
Customer or ceasing to deliver some or all of Customer’s e-mail messages or suspension of services. If the Service Provider is advised of or detects any violation of the above prohibitions you authorize Service Provider, without notice or compensation to you, to take such steps as Service Provider deems reasonably necessary to protect the integrity of Service Provider’s business and systems, including, without limitation, placing filters on routers which serve you, ceasing to deliver some or all of your e-mail messages, and/or restricting your access to the Service on a temporary or permanent basis.
- Service Provider (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service and any ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service or the intellectual property rights owned by Service Provider.
- You shall indemnify and hold Service Provider, its suppliers, its licensors and each such party's parent organizations,
subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with a claim arising from the breach by you or your users of this Agreement, provided in any such
case that Service Provider (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Service Provider of all liability and such settlement does not affect Service Provider's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
- SERVICE PROVIDER, ITS SUPPLIERS, AND ITS RESELLER AND LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. SERVICE PROVIDER AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SERVICE PROVIDER AND ITS LICENSORS.
- IN NO EVENT SHALL SERVICE PROVIDER’S OR SERVICE PROVIDER’S SUPPLIERS AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USE OF THE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Service Provider reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, by providing notice by means of an email message to your administrator e-mail address on record in Service Provider's account information, or by written communication sent by first class mail or prepaid post to your address on record in Service Provider's account information. Continued use of the Service after any such changes shall constitute your consent to such changes.
- This Agreement shall be governed by Saskatchewan law and applicable Canadian federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the Saskatchewan courts located in Regina, Saskatchewan. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Service Provider as a result of this agreement or use of the Service. The failure of Service Provider to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Service Provider in writing. This Agreement comprises the entire agreement between you and Service Provider and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
B. Terms and Conditions Relating to Your Use of Microsoft Software
The provisions of this section B concern your use of Microsoft Software, which includes computer software provided to you by Service Provider in connection with the Service, and may include associated media, printed materials, and “online” or electronic documentation (individually and collectively “SOFTWARE PRODUCTS” for this section B). Service Provider does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with Service Provider, and to your understanding of, compliance with and consent to the following terms and conditions, which Service Provider has no authority to vary, alter or amend.
- DEFINITIONS “Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software. “Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” or other electronic device.
“Server Software” means software that provides services or functionality on a computer acting as a server. “Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.
- OWNERSHIP OF SOFTWARE PRODUCTS. The SOFTWARE PRODUCTS are licensed to Service Provider
from an affiliate of the Microsoft Corporation (“Microsoft”). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.
- USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices only in accordance with the instructions, and only in connection with the Services, provided to you by Service Provider. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement which may be presented in electronic form during your use of the Client Software.
- USE OF REDISTRIBUTION SOFTWARE. In connection with the Services provided to you by Service Provider, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE MESSAGING SERVICES USE RIGHTS APPLICABLE TO SERVICE PROVIDER, WHICH TERMS MUST BE PROVIDED TO YOU BY SERVICE PROVIDER. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Service Provider.
- COPIES. You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may
(a) make one (1) copy of Client Software on your Device as expressly authorized by Service Provider; and
(b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of
Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Service Provider, upon notice from Service Provider or upon transfer of your Device to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.
- LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.
- NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the
SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.
- TERMINATION. Without prejudice to any other rights, Service Provider may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.
- NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. ANY WARRANTIES, LIABILITY FOR
DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY THIRD PARTIES AND NOT BY
MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.
- PRODUCT SUPPORT. Any product support for the SOFTWARE PRODUCTS is provided to you by third parties and is not provided by Microsoft or its affiliates or subsidiaries.
- NOT FAULT TOLERANT. THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT
FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN
ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
- EXPORT RESTRICTIONS. The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
- LIABILITY FOR BREACH. In addition to any liability you may have to Service Provider, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
C. Terms and Conditions Relating to Your Use of RIM Software
The provisions of this section C concern your use of software owned by Research In Motion Inc. (“RIM”), which
includes computer software provided to you by Service Provider in connection with the Service, and may include
associated media, printed materials, and “online” or electronic documentation (individually and collectively “BES
Software” for this section C). Service Provider does not own the BES Software and the use thereof is subject to
certain rights and limitations. Your right to use the BES Software is subject to your agreement with Service Provider, and to your understanding of, compliance with and consent to the following terms and conditions, which Service Provider has no authority to vary, alter or amend.
- All goods and services provided in connection with the BES Software hereunder, including the Service, are provided on an “as is” basis without any warranty, representation, or condition whatsoever. EXCEPT AS EXPRESSLY PROVIDED HEREIN, RIM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, NON-INFRINGEMENT AND PERFORMANCE.
- EXCLUSION OF LIABILITY. IN NO EVENT SHALL RIM, OR ITS’ AGENTS BE LIABLE TO YOU FOR, ANY INDIRECT, ECONOMIC, SPECIAL, PUNITIVE, COMMERCIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS, OR A FAILURE TO REALIZE EXPECTED SAVINGS) DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT SUCH DAMAGES COULD REASONABLY BE FORESEEN OR THEIR LIKELIHOOD WAS DISCLOSED TO THE PARTIES.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL RIM BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES OF ANY KIND IN EXCESS OF THE GREATER OF: (A) US FIVE MILLION DOLLARS (US $5,000,000); OR (B) THE AMOUNTS PAID BY YOU FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.
- Application of Limitations, Exclusions and Disclaimers. The limitations, exclusions and disclaimers set out herein shall apply: (a) whether an action, claim or demand arises from a breach of warranty or condition, breach of contract, tort (including negligence), strict liability or any other kind of civil or statutory liability connected with o arising out of this Agreement; and (b) to each party and to each party’s affiliated companies as well as to each party to each party’s affiliated companies’ director, officers, employees, and independent contractors.
- Copies. You may not make any copies of the BES Software. You must erase or destroy all BES Software upon termination or cancellation of your access to the Service for any reason, or upon transfer by you of any device operating the BES Software to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the BES Software.
- Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the BES Software, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
- No rental. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the BES Software to any third party, and you may not permit any third party to have access to and/or use the functionality of the BES Software.
- Without prejudice to any other rights, RIM and/or Service Provider may terminate your rights to use the BES Software if you fail to comply with these terms and conditions. In the event of breach by you of these terms and conditions, you agree to be legally responsible to RIM, in addition to Service Provider, for any and all damages< caused as a result of such breach, without exception or limitation.
- The BES Software is of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the BES Software, including the U.S. export administration regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
- NO TROJAN HORSES. You represent and warrant that you shall not distribute in any way, howsoever in connection with the use of the Service any viruses, contaminating or destructive features, “back doors”, “time bombs”, “trojan horses”, “sniffer” routines, “worms”, bots, “drop dead devices”, harmful software code, file, program or programming routine or other contaminating or destructive features or other computer software routines or hardware components designed to (i) permit unauthorized access to, or use of any computer systems or software or (iii) perform any other similar actions that would preclude full use of the BES Software by RIM, its channel partners, its authorized sub-licensees, or their users.
- Representations re: End User Conduct. You represent and warrant that you will not do any of the following acts in connection or association with the Service, to the extent that the Service is either used in connection with RIM software products or services or is likely to be associated with RIM:
a. incorporate any data, content, files or materials in any medium distributed in conjunction with the Service, that:
i. includes content, material, graphics, sounds, video, screens, code or information that is unlawful or fraudulent, or violates or infringes any patent, copyright, trademark, trade secret or any other intellectual property of others
ii. includes any inappropriate language or material that is unlawful, libelous, slanderous, defamatory or invasive of another person’s right of privacy or right of publicity or personality, or that RIM may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, sexual orientation, age group, national origin or gender, injurious to the reputation or business goodwill of RIM or the BlackBerry brand or otherwise unfit for publication;
iii. or suggests or encourages any illegal activity; or
iv. knowingly publish, transmit, distribute or upload any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, “junk mail”, “spam”, pyramid schemes or any other solicitations or communications, or use the RIM products or services to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to the wireless device memory and software programs or applications. iv. knowingly publish, transmit, distribute or upload any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, “junk mail”, “spam”, pyramid schemes or any other solicitations or communications, or use the RIM products or services to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to the wireless device
memory and software programs or applications.
- You shall cooperate with Service Provider and its licensors, and provide information and copies of records requested by any of Service Provider or its licensors to assist Service Provider in investigating or determining whether there has been a breach of the preceding terms and conditions.
Off-topic or inappropriate newsgroup postings
- SaskTel does not intend to censor the content of any newsgroups or other communications passing through its systems. We believe such choices should generally, be left to the individual subscriber. Software tools are available to screen a subscriber account's access to newsgroups and web sites that might be considered offensive. It is the subscriber's responsibility to make use of such tools if desired.
- Newsgroup postings and other e-mail messages sent via the Service and the Internet are communications between the senders and consenting receivers thereof, and SaskTel has neither the authority nor the responsibility to regulate their content. The views and comments expressed by SaskTel Internet subscribers or other senders of such postings or messages are solely those of their authors and do not reflect any review, approval or endorsement by SaskTel. SaskTel will, however, attempt to assist subscribers who continually receive e-mail they deem to be objectionable and/or unsolicited e-mail and who notify SaskTel of the problem.
- Generally, there is no restriction on content or postings, except as defined by each newsgroup. However, continued posting of off-topic or inappropriate articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups. If numerous complaints are received with respect to off topic or inappropriate postings from a particular subscriber, SaskTel reserves the right to take appropriate actions, which may include but not be limited to issuing a warning to that subscriber or terminating that subscriber's account without notice.
Fair Access Policy
- To ensure fair access for all SaskTel subscribers of SaskTel Satellite Internet Service offerings, SaskTel maintains a running average fair access policy. Fair access establishes an equitable balance in Internet access across all SaskTel Satellite Internet services by service plan for all SaskTel customers regardless of their frequency of use or volume of traffic. To ensure this equity, customers may experience some temporary throughput limitations. SaskTel Satellite Internet access is not guaranteed. This policy applies to all service plans including "Unlimited" plans where customers' use of the Service is not limited to a specific number of hours per month. Approximately 5% of subscribers are responsible for a disproportionate share - often as much as half - of the total SaskTel service traffic. Unfortunately, many of those subscribers are not using SaskTel Satellite Internet Service offerings for its intended purpose. To ensure that all SaskTel subscribers have fair and equitable access to the benefits of SaskTel's Satellite Internet Service, SaskTel has enacted a Fair Access Policy (FAP) to prevent abusive consumption of bandwidth by a handful of users.
- The FAP is straightforward. Based on an analysis of usage data, SaskTel has established a download data usage threshold well above the maximum typical usage rates. When a customer exhibits patterns of system usage, which exceed that threshold for an extended period of time, the FAP may temporarily limit that subscriber’s throughput to ensure the integrity of SaskTel’s Satellite Internet Service for all subscribers.