For purposes of this agreement a “customer” or “client” is defined to include any organization, individual, company or other entity with which Lexi.net has a service agreement or contract for services. A customer shall also be responsible for the use of the services by any subsidiaries, affiliates, partners, suppliers and other clients that directly or indirectly utilize Lexi.net services provided to the customer.
The customer may only use Lexi.net services for lawful purposes. The use of the Lexi.net network or systems in violation of any Canadian or international legislation or regulation is prohibited. This includes, without limitation: transmission, distribution or storage of any material; material protected by copyright trademark, trade secret or other intellectual property right used without proper authorization; and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws; whether or not the customer was aware of the content of the material or of the relevant law.
The customer will indemnify and hold Lexi.net harmless from any claim brought by third parties alleging that use of Lexi.net services by the customer has infringed any applicable Canadian or international legislation or regulation. The customer shall defend any pay all costs, damages, awards, fees (including reasonable legal fees) and judgments finally awarded against Lexicom arising from such claims. The customer shall give Lexi.net notice of any claim the customer is involved with or aware of.
Lexi.net will cooperate with other online and Internet Service Providers to discourage and resist abuses of acceptable use policies. Lexi.net reserves the right to, at its discretion and without notice, remove any material or data and to block the use of the network from one or more users when their use or purpose does not meet the AUP.
SYSTEM AND NETWORK SECURITY
The customer may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”). Likewise, any activities with adversely impact the ability of Lexi.net to provide service to its customer, user, host or network (such as “denial of service attacks”) is prohibited.
The Lexi.net 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 with may affect Lexi.net’s network or network based equipment, or which may adversely affect Lexi.net’s ability to provide services.
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 email 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 Lexi.net’s network, or who persist in the mass distribution of unsolicited email messages, will be dealt with immediately in accordance with this policy.
“Spam” or unsolicited email is defined as being any of the following: fraudulent; purports to advertise a service; not generated individually; or sent numerous times to the same recipient (or modified slightly and sent multiple times). Lexicom reserves the right to determine whether a given situation qualifies or not in the event it is not clear if the above was violated or not.
Any violations of the AUP will be met with one or more of the following: a warning; fines; termination of service with a refund; termination of service without a refund; legal action (if appropriate).
Further, Lexi.net reserves the right to, at its discretion and without notice, automatically filter, disconnect and/or deny access to any 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 Lexi.net account, remailer, or otherwise through a Lexi.net service or using a Lexi.net account as a mail drop 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 Lexi.net service. Lexi.net 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.
Lexi.net will fully co-operate with investigations or suspected criminal violations and violations of system or network security under the leadership of law enforcement authorities.
Nothing contained in this policy shall be construed to limit Lexi.net’s actions or remedies in any way with respect to any of the foregoing activities, and Lexi.net 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 Lexi.net service, and levying cancellation charges to cover Lexi.net’s costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Lexi.net reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
Please note that indirect or attempted violations of the policy, and actual or attempted violations by a third party on behalf of a Lexicom client or a clients end user, shall be considered violations of the policy by such customer or end user.
Lexi.net is committed to providing quality and reliable service to its customers. While this policy may seem extreme, we believe it is necessary to ensure that we are able to provide the level of service for all our customers that they have come to expect.
Complaints, questions or comments about Lexi.net’s Acceptable Use Policy should be sent to email@example.com