Acceptable Terms of Use Policy

1. Acceptance of Website Terms Your access to and use of this web site (the "Site"), constitutes your agreement to the following terms of use (the "Terms"). If you do not agree to these Terms, you should immediately stop using this Site and destroy all materials obtained by you through use of this Site. Also note that these Terms may change from time to time. It is your responsibility to check for such updates.
2. Copyright Information.All material at the Website is the intellectual property of Blink Communications unless otherwise indicated. You may download information from this website for personal and non-commercial use. You may not copy, modify, re-use, distribute or transmit any information from this website for public or commercial purposes without the prior express written permission of Blink Communications. Some of the names, words, phrases, designs and logos (collectively the "Marks") in this Site, and any links from this Site may be protected as trademarks of Blink Communications or other owners.
3. Disclaimer and Limitation of Liability This site content is provided for informational purposes only. Access to this site is provided on an "as is" basis, and while reasonable efforts are made to ensure the quality, accuracy and timeliness of the content provided and the operation of this site, Blink Communications makes no warranty or representation that this site will be error-free or that this site will operate without interruption. Blink Communications disclaims all warranties, representations and conditions, whether express or implied, regarding use of this site or the content provided, including without limitation all warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. Blink Communications will not be responsible for any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential or punitive damages, arising out of or in connection with the use or inability to use this site. This Site contains links to other web sites ("Third Party Sites"). Parties independently developed the Third Party Sites other than Blink Communications, and Blink Communications assumes no responsibility whatsoever for the accuracy, currency, quality or appropriateness of the information contained at the Third Party Sites. In providing the links to the Third Party Sites, Blink Communications is not, in any manner, propagating or endorsing the material contained in those sites.
4. Rights of Property These Terms of Use constitute all of the conditions pursuant to which a party uses the Website and supercede any and all other written or oral agreements pertaining to the use of the Website. Blink Communications reserves the right to modify these Terms of Use at any time.

ACCEPTABLE USE POLICY
Prohibited Uses of Blink's Systems, Products and Services Subscriber agrees that the Supplier may terminate, without refund, Subscriber's service for any violation of the Supplier's Acceptable Usage Policy located at www.blink.ca.
For purposes of the Prohibited Activities, the term "information" means material of any type capable of being posted or transmitted on or through the Provider Internet Access Service, including material in print, graphic or pictorial form. When using the Provider Internet Access Service:
Subscriber will not willfully engage in the following activities:

1. Defamation. You agree not to post or transmit any information in violation of any applicable law.
2. Fraud. You agree not to post or transmit any fraudulent information on or through the Provider Internet Access Service. This means any information that you know or have reason to know is false, and that you intend for others to rely on.
3. False advertising. You agree not to post or transmit on or through the Provider Internet Access Service any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations.
4. Unsolicited advertising. You agree not to post or transmit any unsolicited advertising, promotional materials or other forms of solicitation to other Subscribers, individuals or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose.
5. Copyright violations. You agree not to post or transmit on or through the Provider Internet Access Service any information that infringes another person's or entity's copyright in all or any part of the information.
6. Trademark, service mark and trade dress violations. You agree not to post or transmit on or through the Provider Internet Access Service any information that infringes another person's rights in its trademark, trade dress or service mark.
7. Trade secret violations. You agree not to post or transmit on or through the Provider Internet Access Service any information that reveals trade secrets belonging to another person, business, service or other entity.
8. Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Provider Internet Access Service.
9. Harassment, threats and abuse. You agree not to use the Provider Internet Access Service to harass, threaten, abuse, embarrass or cause distress, unwanted attention or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically or otherwise objectionable information.
10. False pretenses. You agree to not use the Provider Internet Access Service to impersonate any person, including but not limited to, a Provider official or an information provider, guide, or host or communicate under a false name or a name that you are not entitled or authorized to use in all forms of Online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue and message posting.
11. Chain letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Provider Internet Access Service.
12. Inappropriate content. You agree not to post or transmit on or through the Provider Internet Access Service information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular newsgroup or mailing list.
13. Scrolling. You agree not to cause the screen to "scroll" faster than other Subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Provider Internet Access Service;
14. Disruptive activities. You agree not to use the Provider Internet Access Service to disrupt the normal flow of Online dialogue, or otherwise act in a manner that negatively affects other Subscribers, users, individuals or entities.
15. Violations of Service Provider's rules. You agree to not use the Provider Internet Access Service to violate any operating rule, policy or guideline of any other Online service provider or interactive service.
16. Multiple access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Provider Internet Access Service for more than one session at any time.
17. Abuse of Provider's procedures. You agree not to make false or unverified complaints against any Provider subscriber, or otherwise abuse any of Provider's Complaint Response Procedures.
18. Systems abuse. You agree not to abuse the system by causing any harm to the system so that it inhibits other users ability to effectively use the system.
19. SPAM. Post or cross-post, regardless of content, of the same message to twenty or more newsgroups.
20. Dial Up/Dedicated access. You agree not to use Provider dial up Provider Internet Access Service to make a permanent connection to the Provider Internet Access Service for more than 2 hours duration during any single session or for more than 4 hours during a 1-day period. You further agree that Provider can suspend your account until you have upgraded your account to a dedicated access account.
21. Post, transmit, distribute or disseminate content which is unlawful, threatening, harassing, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable 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;
22. Disrupt the Supplier's network, or the nodes or services thereof, or, directly or indirectly, use the Services to restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the use of the products or services of the Supplier or the Internet, including, without limitation, knowingly posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, cancelbot, Trojan horse or other harmful, debilitating or disruptive feature or engage in unauthorized linking or framing;
23. Unless permitted by the Agreement, make, directly or indirectly, any of the products or services received from the Supplier available to any third party. The Customer shall not permit any third party to gain access to the termination equipment of either the Supplier or the Customer for the purpose of obtaining access to the Supplier's network for the purpose of obtaining any of the products or services of the Supplier, whether directly or indirectly;
24. Make unauthorized attempts to gain access to any account or computer resource not belonging to the Customer (i.e. engage in "spoofing") or otherwise gain unauthorized access to, alter or destroy any information of another person by any means or device;
25. Engage in any activities that deny or disrupt service to any customer or end-user of the Supplier;
26. Use any of the Services contrary to the decisions, orders, policies or other requirements of the Canadian Radio-television and Telecommunication Commission or other regulatory bodies with jurisdiction over the Services.
27. Subscriber shall not use the Blink Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with Blink Communications. ISP reserves the right to remove or edit messages or material submitted by Subscriber.
28. Any activity that violates federal, provincial, state or local law. Any activity which is a violation of any federal, provincial, state, local law or ordinance, or any regulation of any governmental administrative agency.

Chat Rooms If Subscriber participates in any chat room, bulletin board or any other forum or similar service within or in connection with ISP, Subscriber shall not: (a) engage in behaviour that violates or infringes in any way on the rights of others, including any statements which may defame, abuse, harass or threaten others; (b) make any bigoted, hateful or racially offensive statements; (c) advocate illegal activity or discuss illegal activities with the intent to commit them; (d) post or distribute any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offence or give rise to a civil liability; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) post or transmit, without ISP express prior approval, material which contains advertising or any solicitation with respect to products or services; (g) post, transmit or distribute any software or other materials which contain a virus or other harmful component; or (h) post or transmit material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. ISP is not responsible for material submitted to ISP or posted in chat rooms, on bulletin boards or on other forums by users of the ISP. If the Customer is at any time in breach of the requirements of this paragraph, the Supplier may immediately and without notice, and in addition to all other rights and remedies under the Services Agreement and at law and in equity, suspend the supply of any or all Services to the Customer pursuant to the Services Agreement. Any such suspension of the supply of Services shall not constitute a termination of the Services Agreement and shall not excuse the Customer from liability to make the payments to the Supplier required by the Services Agreement during the period that the provision of the Services to the Customer is suspended. The supply of Services pursuant to the Services Agreement shall resume upon the Customer no longer being in breach of the requirements of this paragraph and the payment by the Customer to the Supplier of any and all costs of the Supplier to suspend and restore service and a $500 reinstitution charge. Continued breach of the requirements of this paragraph may result in termination of the Services Agreement pursuant to the provisions of these Standard Terms and Conditions set forth under "Termination of Agreement".
Privacy The Supplier cannot guarantee privacy for Internet users. Messages on the Internet may be subject to third party interception and review. The Supplier therefore recommends that the Services not be used for the transmission of confidential information.
Monitoring The Supplier has no obligation to monitor the Services. However, in order to protect itself, its suppliers and its customers, the Supplier and its suppliers will be entitled to electronically or otherwise monitor the Services and to disclose any information obtained thereby which is required by law or court order. The Supplier and its suppliers will not intentionally monitor or disclose any private e-mail message unless required by law or court order. The Supplier and its suppliers will comply with all privacy and data protection laws when monitoring and disclosing information and agree that such laws supercede the provisions of the Services Agreement in the event of any conflict or uncertainty. Subscriber fully understands that the Supplier actively cooperates with any and all agencies involved in the investigation and/or prosecution of illegal activities. Subscriber agrees to defend, indemnify and hold harmless ISP, its affiliates, directors, officers, employees or agents for all damages and claims that may arise from the subscriber's use or misuse of the service which damages either the subscriber, ISP or a third party.

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