Usage Policy
Introduction
Mercuryspeed.com is committed to being the best possible network citizen. To assist us in protecting the usefulness and enjoyment of the Internet of our subscribers and for other users, we require that you comply with the terms of this document, which outlines our policies and acceptable use of our Services.
When using Mercuryspeed.com Internet access service or any message boards, news groups, software libraries, personal webpages or any other message or communicatons services that may be available to you on or through Mercuryspeed.com, you are prohibited to engage in certain activities which include, but are not limited, to those described below. Such prohibited activities may, at the sole discretion of Mercuryspeed.com, be grounds for termination of any services including you Mercuryspeed.com Internet access service, for the application of additional service charges, or for the involvement of law enforcement agencies.
The terms of this Policy may change at any time without prior warning. You are responsible for informing yourself of the changes to this document by consulting this webpage frequently. If you have any questions about this Policy, please contact us.
Criminal Offences
While using the Mercuryspeed.com Services, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activities constitutes a criminal offence including, but not limited, to those offences listed below:
- Communicating hatred
- Pyramid selling
- Unauthorized use of a computer
- Mischief in relation to data
- Fraud
- Obscenity
- Child pornography
Civil Offences and Violations of the Rights of Others
While using the Mercuryspeed.com Services, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity gives rise to civil liability or from otherwise violating the rights or assisting others to violate the rights of Mercuryspeed.com or any third party, including, but not limited to, the violations listed below:
- Copyright infringement
- Trademark infringement
- Defamation
Other
While using the Mercuryspeed.com Services, you are prohibited from engaging in or assisting others to engage in any activity that (1) violates established or accepted network etiquette, (2) violates applicable charters, FAQS, policies, rules or guidelines of Mercuryspeed.com or other parties, (3) disrupts or threatens the integrity, operation or security of any Mercuryspeed.com Service or any computer or Internet system, (4) elicits complaints from other Internet users, (5) is contrary to any law or regulation, or (6) in the sole judgment of Mercuryspeed.com, is otherwise objectionable. Examples of such prohibited activity include, but are not limited to:
- Posting, uploading, reproducing, distributing or otherwise transmitting unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters, or other "spam"
- Engaging in threats, harassment, intimidation, stalking or abuse of others
- Scanning another computer system
- Probing another computer system
- Obstructing or bypassing computer identification procedures
- Engaging in unauthorized computer or network trespass
- Exporting equipment, software, or data outside of Canada or the U.S. in contravention of applicable export control legislation
Liability and responsibility
Please be advised that Mercuryspeed.com provides access to the Internet and does not have control over its content. You have been advised that the Internet may provide access to questionable and possibly illegal material and have accepted responsibility for any material that you may view or acquire, e.g. Adult geared material.
Account holders under the age of 18 MUST have their parent or legal guardian - acknowledge this fact - accept responsibility to monitor Internet use and access. You are advised to take all precautions necessary to prevent offensive materials from being viewed or obtained by minors. Mercuryspeed.com reserves the right to refuse or cancel Service at any time without explanation.
Bandwidth, Data Storage and Other Limitations
The residential customer shall not exceed 5 GB of downloading and 2 GB of uploading in a one-month billing period or any commercial subscriber shall not exceed 8 gigabytes download and 3 gigabytes upload per month.
The customer shall not exceed 5 megabits (Mb) of disk space per-mail account.
Customers must ensure that their activity does not improperly restrict, inhibit, or degrade any other customer's use of the Mercuryspeed.com Service, nor represent (in the sole judgement of Mercuryspeed.com) an unusually large burden on the network itself. In addition, customers must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede the ability of Mercuryspeed.com to deliver and monitor it's Service, its backbone, network nodes, and/or other network services.
Residential customers of the Mercuryspeed.com Service may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Mercuryspeed.com. For example, the customer cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide http, email or news service, or send a news feed. The Mercuryspeed.com Service is a consumer product designed for the customer's personal use of the Internet.
The customer may not run a server in connection with the Mercuryspeed.com residential service, nor provide network services to others via the Mercuryspeed.com Service. Examples of prohibited uses include, but are not limited to, running servers for mail, HTTP, FTP, IRC, DHCP, SMTP and NNTP protocols and multi-user interactive forums.
Violation of Acceptable Use Policy
Mercuryspeed.com does not routinely monitor the activity of accounts for violation of this Policy. However, in its efforts to promote good citizenship within the Internet community, Mercuryspeed.com will respond appropriately if it becomes aware of inappropriate use of its Service. Although Mercuryspeed.com has no obligation to monitor the Service and/or the network, Mercuryspeed.com reserves the right to monitor bandwidth, usage, and content from time to time to operate the Service; to identify violations of this Policy; and/or to protect the network and the customers of the Mercuryspeed.com Service.
Mercuryspeed.com prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Service is used in a way which Mercuryspeed.com, in its sole discretion, believes violate this Policy, Mercuryspeed.com may take any responsive actions they deem appropriate. Such 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. Mercuryspeed.com shall not have any liability for any such responsive actions. The above described actions are not Mercuryspeed.com's exclusive remedies and Mercuryspeed.com may take any other legal or technical action it deems appropriate.
Mercuryspeed.com reserves the right to investigate suspected violations of this Policy, including the gathering of information from the customer or customers involved and the complaining party, if any, and examination of material on Mercuryspeed.com's server and network. During its investigation, Mercuryspeed.com may suspend the account or accounts involved and/or remove material which potentially violates this Policy. The customer hereby authorizes Mercuryspeed.com to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include Mercuryspeed.com providing the customer's name, IP address, or other identifying information about a customer. Upon termination of an account, Mercuryspeed.com is authorized to delete any files, programs, data and email messages associated with such account.
The failure of Mercuryspeed.com to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The customer agrees 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. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the Province of British Columbia.
Important Note
Mercuryspeed.com may revise the Acceptable Use Policy from time to time, at its sole discretion, without any further notice or delay.