Acceptable Use Policy
Acceptable Use Policy (AUP)
DataHive’s Acceptable Use Policy (“AUP”) provides a clear understanding of use of service. All users of DataHive’s Internet services, those who access some Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and the associated Terms of Agreement.
Use of DataHive Service constitutes acceptance and agreement to DataHive’s AUP as well as DataHive’s Terms of Agreement.
- Illegal use: DataHive’s services may not be used for illegal purposes, or in support of illegal activities. DataHive reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: Use of DataHive service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
- Threats: Use of DataHive service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment: Use of DataHive service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: Use of DataHive service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, and “chain letters”.
- Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail: Unsolicited bulk e-mail (SPAM) Use of DataHive service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending DataHive account.
- E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending DataHive account.
- E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through DataHive service is in violation of this AUP.
- Spamming: DataHive has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
- Unauthorized access: Use of DataHive service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DataHive’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending DataHive account is subject to immediate termination.
- Copyright or trademark infringement: Use of DataHive service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- Collection of personal data: Use of DataHive service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of DataHive service for any activity which affects the ability of other people or systems to use DataHive Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions.
- Unauthorized Entry: A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. DataHive will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
- Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
- Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
- Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using DataHive services could result in suspension service.
- Third Party Accountability: DataHive subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Reporting Violations of AUP
DataHive requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@DataHive.ca. If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
- E-mail with full header information provides all of the above, as do system log files.
Other situations will require different methods of providing the above information. DataHive may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member’s newsgroup posting privileges
- Suspend the Member’s account
- Terminate the Member’s account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
Revisions to AUP
DataHive reserves the right to revise, amend, or modify this AUP; subscribers will be notified twenty-four (24) hours prior to its implementation.
Clients are responsible for any misuse of their account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, clients must take steps to ensure that others do not gain unauthorized access to their account. In addition, clients may not use their account to breach security of another account or attempt to gain unauthorized access to another network or server.
Access to any client account is authorized with a password. It is each clients’ responsibility to keep this password secure. Sharing of password and account access with unauthorized users is prohibited. Every client should take care to prevent others from using their account since they will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited and may result in termination of service. Adequate security measures should be adopted to prevent or minimize unauthorized access.
Circumvention of user authentication or security of any host, network or account is prohibited. This includes, but is not limited to, accessing data not intended for personal use, logging into or making use of a server or account without express authorization, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Any attempt to interfere with service to any user, host or network (“denial of service attacks”) is prohibited.
This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. DataHive will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.