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:
  • OMOD does not monitor and has no control over the information accessed through the Internet (other than the filter Dansguardian), and cannot be held responsible for its content. Not all Internet sources provide accurate, complete, age appropriate or current information. It is the user's responsibility to question the validity of any information.
  • OMOD recognizes the concerns that parents have about potential harm to their children when they are exposed to pornographic, criminal or hate material on the Internet. A child's access to the Internet is the responsibility of the parent/legal guardian.OMOD also reconizes concerns individuals who use the service have regarding pornographic, criminal or hate material on the Internet. In order to address these concerns, OMOD has taken the following steps:
    • Using Dansguardian on all workstations in the Centre
    • Users under age 18 must be accompanied by a parent or guardian at the Internet stations or connecting to our wireless service.
    • Requiring that all Internet/Resource Centre users sign up for workstation use at the front desk.
Access to the Service

The 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:
  • Internet workstations are available for use on a sign-in basis.
  • Workstations will automatically logoff after 10 minutes of inactivity by a user. Any information not saved will be lost. It is highly recommended that users save their work regularly.
  • Workstations will automatically shutdown when the Terry Belavance Resource Centre is closing. Users will not be able to log back on to the workstation until the next day. Staff cannot stop the shutdown process. Users will be warned before the actual shutdown occurs with time to save current work.
  • Unaccompanied youth under the age of 18 will not be allowed to use the OMOD network.
  • Users may not bring their own software or download software and install it for use on OMOD workstations.
  • Workstations will not save user information on the local hard drive(s). You may use floppy a disk or other storage device such as a USB drive to save your files.
  • Users may bring their own blank disks for downloading from OMOD workstations. OMOD has a limited supply of Recycled blank formatted disks that may be obtained from the front desk.
  • Users may print their information at the set charge. A staff may need to enter a password so that printing will occur.
  • Users agree to take responsibility for all financial transactions they perform on the Internet (e.g.) On-line banking, shopping, stock trading, etc. OMOD assumes no responsibility for lost data or financial transactions which may occur during system down times, scheduled or unscheduled.
Staff Responsibilities:
  • OMOD staff will use reasonable efforts to ensure compliance with Internet use policies and procedures.
  • OMOD staff may be available to provide minimal assistance to users and may refer you to free classes or online tutorials.
  • OMOD staff cannot provide technical support, nor for Internet users at home.
  • OMOD staff may not assist with any financial transactions.
OMOD Responsibilities:
  • OMOD has installed Dansguardian filtering software that will prevent access to objectionable web sites. To see more information regarding this software visit www.dansguardian.org.
  • If you believe a site is not objectionable and wish to view the site please talk to the front desk staff and we will research the site and if it is found to be non-objectionable we will not block it any longer. (This will take a couple of business days.)
  • OMOD reserves the right to request that users discontinue use of the Internet or Resource Centre.
  • Users in violation of the OMOD's Internet use policies will have their Internet privileges revoked. Users using OMOD's Internet workstations for illegal purposes will be subject to prosecution.
Internet Training:
  • Although OMOD staff cannot assist users with in-depth research, OMOD provides Internet and computer software workshops at various times throughout the year.
  • Self-help Internet training materials will be provided for the public. See our tutorial at www.dimes.org/alternet for basic instructions.
Hours of Availability

The 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 Service

OMOD 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 Privacy

Sending 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 Violations

Engaging 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 Materials

Using 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 Language

Using 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 Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Hacking/Cracking

Accessing 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 Activities

Distributing 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 Use

Advertising, 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 Violations

The transfer of technology, software, or other materials in violation of applicable export laws and regulations.

Other Illegal Activities

Using 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.

Resale

The 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 AUP

OMOD requests that anyone who believes that there is a violation of the AUP direct the information to: Reveal our email address...

Disclaimer

You acknowledge

  1. that the Service may not be uninterrupted or error-free;
  2. that viruses or other harmful applications may be available through the Service;
  3. that does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection;
  4. that OMOD and that its owners ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable.
  5. THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY OMOD, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
No Consequential Damages

UNDER 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.

Indemnity

You 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.

Interpretation

This 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.