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Wireless Terms of Use Policy

Please direct any questions or comments regarding this Wireless Terms of Use Policy (“WTUP”) and complaints of violations of this WTUP by subscribers to abuse@npcmail.net. Except where otherwise indicated, “you” and “your” means you and every person who uses the Services through your account.

 

Introduction

When using the wireless services as provided by our Underlying Carrier, you must comply with all applicable laws, and our policies, rules and limits including this Wireless Terms of Use Policy. This WTUP supplements and is incorporated into the NPC Wireless Service Addendum.

IF YOU DO NOT AGREE TO BE BOUND BY THIS WIRELESS TERMS OF USE POLICY, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY NPC THAT YOU ARE TERMINATING THE SERVICES.

 

Prohibited Activities

Without limitation, you may not use (or allow anyone else to use) our Services to:

(i) use, possess, post, upload, transmit, disseminate or otherwise make available content that is unlawful or violates the copyright or other intellectual property rights of others (as described in more detail below);
(ii) participate in any illegal soliciting or gaming schemes;
(iii) attempt to use the Services in such a manner so as to avoid incurring charges for usage;
(iv) participate in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature. You assume all risks regarding the determination of whether material is in the public domain;
(v) access the Internet via the Services using Internet Protocol (IP) addresses other than the IP address(es) assigned to you by us;
(vi) invade another person's privacy, collect or store personal data about other users, or stalk or harass another person or entity;
(vii) access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as "packet sniffers";
(viii) upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement) or related derivative works, without obtaining permission of the copyright owner or rightholder;
(ix) use, reproduce, distribute, sell, resell or otherwise exploit the Services or content we provide or which you obtain through the Services for any commercial purposes;
(x) copy, distribute, sub-license or otherwise make available any software or content we provide or make available to you or which you obtain through the Services, except as authorized by us;
(xi) alter, reproduce, or tamper with the Services or any function, component or identifier of your Equipment, such as the Electronic Serial Number (ESN) or the International Mobile Equipment Identity (IMEI) that is not meant to be altered, reproduced or tampered with;
(xii) restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet, the Services or any Equipment used to connect to the Services, or create an unusually large burden on our networks, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature, distributing mass or unsolicited e-mail ("spam”) or other messages, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the Services in an abusive manner in connection with any unlimited packages, options or promotions;
(xiii) disrupt any backbone network nodes or network service, or otherwise restrict, inhibit, disrupt or impede our ability to monitor or deliver the Services, any transmissions or data;
(xiv) interfere with computer networking or telecommunications service to or from any Internet user, host, provider or network, including, without limitation, denying service attacks, overloading a service, improperly seizing or abusing operator privileges use the Services for anything other than your own personal purposes (such as reselling the Services, providing Internet access or any other feature of the Services to any third party) or share or transfer your Services without our express consent; ("hacking"), or attempting to "crash" a host;
(xv) use the Services for anything other than your own personal purposes (such as reselling the Services, providing Internet access or any other feature of the Services to any third party) or share or transfer your Services without our express consent;
(xvi) operate a server in connection with the Services, including, without limitation, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;
(xvii) impersonate any person or entity, including, without limitation, an NPC official, Underlying Carrier official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xviii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; or
(xix) port scan a person's computer or wireless device without that person's consent, or use any tools designed to facilitate these scans

 

Unlawful or Inappropriate Content

NPC and the Underlying Carrier reserve the right to move, remove or refuse to post any content, in whole or in part, that it, in its sole discretion, decide are unacceptable, undesirable or in violation of the Terms or this WTUP. This includes, without limitation:

(i) obscene, profane, pornographic content;
(ii) defamatory, fraudulent or deceptive statements;
(iii) threatening, intimidating, abusive or harassing statements;
(iv) content that violates the privacy rights or intellectual property rights of others;
(v) content that unlawfully promotes or incites hatred;
(vi) content that is otherwise offensive or objectionable; or
(vii) any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any municipal, provincial, federal or international law, order or regulation.

For purposes of this WTUP, "content" refers to all forms of communications including, without limitation, text, graphics (including photographs, illustrations, images, drawings, logos), executable programs, audiovisual recordings, and audio recordings.

 

Security

As set out above, you are responsible for any misuse of the Services, by you or by any other person with access to the Services through your Equipment or your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services through any means, including, without limitation, wireless networking and wired networking. The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s equipment, software or data, without the knowledge and consent of such person. Additionally, the Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash” a host. The transmission or dissemination of any information or software that contains a virus or other harmful feature is also prohibited. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. NPC recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate. You agree to treat as confidential all access codes, personal identification numbers and/or other passwords that we may provide to you for use with the Services.

 

Unsolicited Communications

As set out above, the Services may not be used to send unsolicited, bulk or commercial messages or for any other unsolicited communications. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited e-mail messages sent from accounts on other Internet hosts or e-mail services that violate this WTUP or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e-mail messages may not direct the recipient to any web site or other resource that uses the Services. Forging, altering or removing e-mail headers is prohibited. You may not reference any Underlying Carrier in any unsolicited e-mail even if that e-mail is not sent through the Underlying Carrier’s network. "Mail bombing" is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. NPC and the Underlying Carrier are not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily, at the Underlying Carrier’s sole discretion.

 

User-Generated Content Services

“User-Generated Content Services” or “UGC Services” refers to any services that allow an end user to post, upload or generate content online to be shared with a limited or unlimited number of recipients and may include, without limitation: newsgroups, online forums, message boards, chat programs, wiki’s, photo sharing services, customer review sites, video sharing services, blogs and web hosting.

Any User-Generated Content Services accessed through the Services must be used in accordance with the following:

(i) you must comply with the UGC Service’s written charter, policies or FAQs;
(ii) you may only post advertisements, solicitations, or other commercial messages in the UGC Service if that service’s charter, policies or FAQs explicitly permit them;
(iii) you are responsible for determining the policies of the UGC Service before using it;
(iv) you must adhere to daily volume, file size and format restrictions of any UGC Service;
(v) unless otherwise specified in the UGC Service’s charter, policies or FAQs, you must not forge, alter or remove any information from the UGC Service;
(vi) NPC and the Underlying Carrier have no obligation to monitor the content of any UGC Service and are not liable for any claims, losses, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses arising out of or relating to the content of any such service;
(vii) you must not use the UGC Service to perform "flooding", which refers to deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text or other content;
(viii) any computer or other device connected through the Services may not maintain more than two simultaneous chat connections including, without limitation, the use of automated programs, such as “bots” or "clones". Automated programs may not be used when the account holder is not physically present at the device;
(ix) you must not use the Services to send messages that disrupt another Internet user’s equipment, software, hardware or user display; and
(x) you must not forge, alter or obscure your identity (other than using a nickname) while participating in the UGC Service.

 

Bandwidth, Data Storage and Other Limitations

You must comply with the then current bandwidth, data storage and other limitations on your applicable Services. You must also ensure that your activity does not improperly restrict, inhibit, or degrade any other subscriber's use of the Services, nor represent (in the sole judgment of NPC and/or Underlying Carrier) an unusually large burden on our networks. In addition, you must ensure that your activity does not improperly restrict, inhibit, disrupt, degrade or impede the Underlying Carrier’s ability to deliver the Services, and monitor and investigate the Services, backbone, network nodes, and/or other network services or components. You may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of NPC. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed. The Services are consumer products designed for personal access to and use of the Internet. For example, the Services do not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the Services. In addition, you are prohibited from running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums.

Your use of the Services may be subject to a usage limit, as set out in your Service Agreement. If you exceed that limit, you may be subject to additional usage charges.

 

Network Management

NPC and the Underlying Carrier reserve the right to manage our networks in order to optimize their efficiency for the benefit of our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, and protocol filtering. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers.

 

Violation of this Acceptable Use Policy

As set out in the Terms, we have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services or the Equipment; and to access or preserve content or information in accordance with the Terms. We prefer to advise subscribers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way that we, in our sole discretion, believe violates this WTUP, NPC and/or the Underlying Carrier may take any responsive actions they deem appropriate. Such actions may include, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate suspension or termination of all or any portion of the Services or your account. NPC and/or the Underlying Carrier will have no liability for any such responsive actions. The above described actions are not exclusive remedies and NPC and/or the Underlying Carrier may take any other legal or technical action deemed appropriate. Upon termination of an account, NPC and/or the Underlying Carrier are authorized to delete any files, programs, data and e-mail messages associated with such account. The failure to enforce this WTUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this WTUP 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. This WTUP shall be exclusively governed by, and construed in accordance with the governing law provision set out in the Terms.

 

Complaints

Please direct any complaints of violations of this AUP to abuse@npcmail.net or contact us at 1-855-667-2642. Questions or complaints, concerning third party content should be addressed to the applicable content provider.

 

NPC (No Panic Computing) Wireless Service Addendum