OMOD Network Terms of Service and Acceptable Use Policy (AUP)All users of electronic information resources such as the Internet are expected to use these resources in a responsible manner. In this document OMOD will refer to Ontario March of Dimes. Internet Policy Statement Disclaimer:
Access to the ServiceThe Service is a free public service provided by OMOD. Your access to the Service is completely at the discretion of OMOD, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for or its owners, disruption of access to other Users or networks, and violation of applicable laws or regulations. OMOD may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time. Workstation Use:
Staff Responsibilities:
OMOD Responsibilities:
Internet Training:
Hours of AvailabilityThe Service will be available (with no guarantee of access) during the hours of 8:30 a.m. to 4 p.m, Monday to Friday. OMOD staff will not be responsible to connect to the OMOD wireless network, repair, fix or troubleshoot personal computer equipment. Acceptable Use of the ServiceOMOD supports the free flow of information and ideas over the Internet. Your access to the Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of OMOD, or any third party. This service using filtering on web site contents and IP ports. No personal information is stored or used. The use of the Service for the following activities is prohibited:Spamming and Invasion of PrivacySending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy. Intellectual Property Right ViolationsEngaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party. Obscene or Indecent Speech or MaterialsUsing OMOD's Network to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors. Defamatory or Abusive LanguageUsing the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another. Forging of HeadersForging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. Hacking/CrackingAccessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity. Distribution of Internet Viruses, Trojan Horses, or Other Destructive ActivitiesDistributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Node or any connected network, system, service, or equipment. Facilitating a Violation of this Agreement of UseAdvertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. Export Control ViolationsThe transfer of technology, software, or other materials in violation of applicable export laws and regulations. Other Illegal ActivitiesUsing the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services. ResaleThe sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale. Notice of Violations of the AUPOMOD requests that anyone who believes that there is a violation of the AUP direct the information to: Reveal our email address... DisclaimerYou acknowledge
No Consequential DamagesUNDER NO CIRCUMSTANCES WILL OMOD, ITS owners, THEIR SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS,WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT OR ITS owners MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED $100. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS. IndemnityYou agree to indemnify and hold harmless OMOD, its owners, and its and their suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that may assert under this Agreement or by law. InterpretationThis Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. OMOD's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede OMOD's right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and with respect to its subject matter and supersedes all prior writings or understanding. |