Wireless Access Agreement
Acceptable Use Policy
Wireless Internet Access Agreement
Introduction
The wireless internet services provided by Fleet Club Atlantic are shared by, and benefit, many users. They facilitate access to information, the sharing of resources and almost effortless communication between members of our user community. These benefits, however, come with the duties and responsibilities associated with membership in a wireless user community. Each time you authenticate to our network, you join our user community and, as a member of it, you have a duty to ensure that our services are used responsibly and in a manner that will not jeopardize uniform access to, use and enjoyment of the services by other users. This Agreement imposes legal obligations and responsibilities associated with this and other duties and responsibilities incurred by authenticating to our network or by allowing someone else to do so. In addition, it defines the legal relationship between you and Fleet Club Atlantic.
Binding Nature and Amendments
Each time you authenticate to our wireless network, you are agreeing to be bound by all of the terms and conditions of this Agreement, including all amendments made prior to the date of the authentication. In addition, you are acknowledging that you have read and understood the Agreement, as it appears on our website (http://www.fleetclubatlantic.ca.previewdns.com/) on that date. The version of this Agreement that appears on that date will contain all of the terms and conditions (including amendments) that will be binding on you as a result of your authentication.
We may amend this Agreement at any time and are not obliged to give you notice that we have done so. Accordingly, you must read the Agreement each time you authenticate. Once you authenticate, you will continue to be bound by the terms and conditions of the Agreement, as it appeared on the date on which you authenticated, until you next authenticate to our network or until your account with us is closed, whichever first occurs. If you do not fully understand the Agreement or do not wish to be bound by any of its terms and conditions, then you may not authenticate or otherwise use our services. In either case, you must immediately contact us to obtain a full understanding of the Agreement or to advise us that you no longer wish to use our services. Bar Staff 902-429-9386
If you advise us that you no longer wish to use our services, then we may immediately close your account and void your username and password.
Definitions
The following terms will be understood, as defined or explained below.
“authenticate” or “authentication” is the process of accessing a network by following a prescribed login procedure, and by the network provider’s verification of a username and password.
“device” includes any data storage device, equipment, accessory or other item that may be connected to, or used in conjunction with, a computer (e.g., memory sticks, external drives, IPods, printers, etc.).
“Fleet Club Atlantic” means the Crown in Right of Canada, as represented by the non-public property organization established as “The Fleet Club Atlantic”, under and pursuant to section 38 of the National Defence Act, R.S.A. 1985, c.N-5, as amended.
“material” is anything that can be stored, viewed, transmitted, disseminated, posted or downloaded on, to or from a computer or device.
“network” means any technology or collection of technologies provided to allow two or more computers to communicate, thus enabling file sharing, internet connection, email messaging and other sharing or exchanges of information or resources. Our network does this without network cabling and is therefore a “wireless network”.
“our services” means the provision of access to our network and all other services or products provided by us under this Agreement, as amended from time to time.
“person” includes a corporation, society, firm, partnership and any other non-natural person recognized in law.
“we”, “us” and “our,” refer to Fleet Club Atlantic.
Illegal and Unlawful Activity
You may not use our services for any activity that violates local, provincial, federal or international law, or that might give rise to a human rights complaint or civil wrong. Prohibited activities include but are not limited to:
1. posting, downloading, transmitting or disseminating child pornography or other illegal material;
2. posting, disseminating or otherwise publishing material of a libelous, defamatory, obscene, hateful or threatening nature;
3. posting, disseminating or otherwise publishing material that is racially or ethnically offensive, or that might otherwise constitute a hate crime or discrimination on a ground prohibited by law;
4. violating a copyright or other intellectual property right;
5. engaging in a pyramid or other illegal soliciting or marketing scheme;
6. committing an act of fraud or forgery, including but not limited to: impersonating a person for a fraudulent purpose or forging a digital or manual signature for a deceitful or illegal purpose; and
7. engaging in, counseling or encouraging any conduct that might constitute a criminal offense, a human rights violation or a civil wrong.
Security and Security Related Breaches
You are responsible for the security of your computer, your data and all devices connected to, or used with, your computer while accessing and using our network. We DO NOT recommend that you enable file or printer sharing of any kind. Files or services that you make available for remote access should be password protected.
You are responsible for all uses of our network that originate from your account. Giving a friend, family member or any other person access to your account makes you responsible for that person’s use of it. You must ensure that such persons use our network responsibly and in accordance with this Agreement. You may also be held accountable for unauthorized uses of your account. Accordingly, you must safeguard your user name and password.
You may not use our network to breach the security of another person’s computer, or to damage, disrupt, interfere with, or impair another person’s computer, data, devices, network, or telecommunication or other service. Prohibited activities include, but are not limited to:
1. accessing another person’s computer, software or data, without the knowledge and consent of that person;
2. circumventing the user authenticate or security of any host, network, or account;
3. logging into or making use of a server or account that you are not expressly authorized to access;
4. probing the security of other networks;
5. using or distributing tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers, or network probing tools;
6. engaging in denial of services attacks;
7. flooding a network;
8. overloading a service;
9. improperly seizing and abusing operator privileges;
10. crashing a host;
11. transmitting or otherwise disseminating information or software which contains a virus or other harmful feature;
12. attempting to do any of the above; and
13. facilitating another person’s engagement in any of the above or similar activities.
Responsibility for Content
We are not responsible for the content of any third party material that may be accessed through our network, or for your use of it. You are responsible to ensure that such material is lawful and within the public domain. Any questions or complaints that you might have regarding the content of third party material should be addressed to the provider of it.
We are not responsible for the content of any material transmitted, disseminated, posted or otherwise published through your account with us. You are responsible for this material, regardless of who uses your account.
By authenticating to our network, you are acknowledging that all material posted or otherwise published by you may appear worldwide, and that it may be copied, reproduced, transmitted or otherwise used by persons with access to the worldwide web. In addition, you are acknowledging that we are not responsible for any use or misuse of material transmitted, disseminated, posted or otherwise published by you.
Right to Monitor, Control and Disclose
Although we are not responsible for material transmitted, disseminated, posted or otherwise published through our network, we may prevent or terminate its publication, or further publication, if, in our opinion, it or any part of it is offensive indecent, or otherwise inappropriate. This right may be exercised by us, in whole or in part, even if the material and its dissemination are legal.
We also have the right, but are not obliged, to monitor transmissions made through your account. By authenticating to our network, you are consenting to our monitoring of such transmissions for the purpose of enforcing this Agreement. In addition, you are consenting to our disclosure of such transmissions, together with your username, IP address and other identifying information, to:
(a) law enforcement and other government and Canadian Forces authorities for the purpose of investigating or prosecuting possible criminal or service offences; and
(b) other network or third party service providers, for the purpose facilitating their investigations of suspected breaches of their agreements with you.
These disclosures may be made without notice to you.
Third Party Services
We are not responsible for any third party services accessible through our network, or for your use of them. These services may include, but are not limited to: email, newsgroups, blogs and chat forums. They may be hosted by third party servers or may not involve servers at all.
Although we have no responsibility with respect to these services, you are obliged to comply with all agreements made between you and the providers of these services, and we may, at our option, treat a breach of any of these agreements as a breach of this Agreement. In addition, engaging in any of the following activities will be considered to be a breach of this Agreement:
1. chat flooding, which is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text;
2. using a bot, clone or other similar automated program to conduct communications;
3. sending messages that could disrupt or impair another person’s computer, software, device or display;
4. manipulating a server in order to harass or disconnect other Internet users;
5. gaining or attempting to gain unauthorized privileges;
6. connecting to a server or channel from which you have been banned; and
7. continuing to send messages to a person who has indicated that he, she or it does not wish to receive them.
The prohibitions listed above are in addition to, and not in substitution for, the other the prohibitions imposed by this Agreement.
Bandwidth and Data Storage Limitations
You must comply with all current bandwidth and data storage limitations on our services.
You must ensure that your activities, while using our services, do not improperly restrict, inhibit, or degrade any other person’s access to, or use of, the services; that they do not present an unusually large burden on our network; and that they do not improperly restrict, disrupt, inhibit, degrade or impede our ability to deliver and monitor our services, backbone and network nodes. In the event of any dispute concerning this issue, our determinations or opinions will be binding on you.
Examples of activities that are likely to breach this Agreement are, but not limited to: [peer-to-peer file sharing programs, serving streaming video or audio, mail, HTTP, FTP, IRC, DHCP servers, and multi-user interactive forums?].
Our current limitation on Bandwidth Usage/session is approximately 1 GB (or 1024 MB). This, however, may be amended from time to time, without advance notice to you. You are responsible to familiarize yourself with all limitations that are in effect each time you authenticate to our network. These limitations will be appear in the version of this Agreement that is posted on our website on the date that you authenticate.
Restrictions on Use
You may not, without our prior written consent, distribute all or any part of our services for use on computers other than your own. For example, you may not provide Internet access to others through a dial-up connection or a host shell account; provide an e-mail or news service; or send a new feed.
You are also prohibited from using your account with us, for commercial purposes. You may not sell, lease or otherwise convey all or any of part of our services for consideration of any kind. In addition, you may not run a server in connection with our services, nor may you provide network services to others via our services. Examples of prohibited servers include, but are not limited to, mail, HTTP, FTP, IRC, DHCP servers, and multi-user interactive forums.
Remedies
We prefer to remedy suspected breaches of this Agreement by advising you of the suspected breaches, and by providing directions for corrective action. However, we may, at any time and in our sole discretion, take any one or more of the following actions:
1. suspend your account and temporarily void your username and password;
2. filter your transmissions;
3. prevent or terminate the posting or other publication of material by you;
4. apply such other technical remedy as we consider appropriate; and
5. close your account and permanently void your username and password.
These actions may be taken in response to any suspected breach and are not actionable by you. By authenticating to our network, you are agreeing that we will have no liability for, or related to, any these actions.
We may also conduct an investigation of any suspected breach of this Agreement, should we choose to do so. This may be done before or after we take any of the above enumerated actions. When we conduct an investigation, we gather information from all relevant sources. These sources will usually include, but are not limited to, the person suspected of the breach, the complainant (if there is one), any other person affected by the suspected breach, other network and third party service providers, and all relevant material on our servers and network.
The above described remedies are not exclusive and do not preclude the taking of any other remedial or enforcement action available to us, including legal action. Legal action may include a civil action for damages.
No failure by us to enforce this Agreement, for any reason, shall be construed as a waiver of our right to do so, at any time.
Technical Faults
It is your responsibility to ensure that your computer and devices meet the requirements set out by your software, hardware and device providers. We are not liable for any technical faults, failures or interruptions in, or related to, your computer, software or devices, or our network and services; nor are we liable for any damages occasioned through your use of our network or services, howsoever caused.
Indemnification
By authenticating to our network, you are agreeing to indemnify and save harmless Her Majesty, Her officers, servants, agents, employees, and members of Her Canadian Forces from and against all claims, demands, costs, expenses, damages and injuries that are, or might be in any way caused by, based upon, or connected with your use of our network and services, or the use of your account by any other person, with or without your authorization.
Miscellaneous Provisions
1. Ownership of Addresses – We own all addresses provided to you, including but not limited to IP addresses and domain names. We may modify or change these addresses at any time and are not liable to compensate you for any modifications or changes made by us.
2. Use of Static IP Addresses – You may not use static IP addresses to connect to our network unless you are given our express written permission to do so. Static IP addresses may interrupt our servers and are considered to be a means of circumventing our safeguards.
3. End User Licenses – You will comply with the terms and conditions of all end user license agreements accompanying any software or plug-ins provided by us. All such end user agreements will terminate upon the termination of this Agreement. In the event that there is any inconsistency between the terms and conditions of an end user agreement and the terms and conditions of this Agreement, the terms and conditions of this Agreement will prevail.
Closing Your Account
You may close your account with us at any time. This may be done by advising us that you no longer wish to use our services. Should you fail to use your account for a period of ___ [months?], we may assume that you that you no longer wish to use our services and may close your account and void your username and password. Regardless of how or for what reason an account is closed, we may immediately delete all files, programs, data and email messages associated with it.
Severability
If any portion of this Agreement is held to be invalid or unenforceable, that portion will be construed so as to be consistent with applicable law, as nearly as possible, and the remaining portions will remain in full force and effect.
Applicable Law and Jurisdiction
This Agreement shall be governed and construed by and in accordance with the laws of the Province of Nova Scotia, whose courts shall have exclusive jurisdiction to deal with all matters related to it.