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ACCEPTABLE USE POLICY

For the purposes of this Acceptable Use Policy (“AUP”), “You” are an individual, entity or organization that has a service agreement or contract with SIRKit Ltd. (“SIRKit”) with respect to the provision of Services (the “Agreement”). All capitalized terms used but not defined in this AUP, have the meaning given to them in the Agreement.

Introduction

When using the Services, You and Your Users are prohibited from engaging in certain activities which include, but are not limited to, those described in this AUP.

If You engage in any of the prohibited activities described below it may, at the sole discretion of SIRKit and without notice to You, result in the immediate (1) restriction, suspension or termination of the Services, without compensation to You, (2) blocking or filtering of Your Content, data or materials, (3) application of complaint processing fees, disconnection fees and additional service charges to Your account, or (4) involvement of law enforcement agencies. Such activities may also result in civil or criminal liability. The foregoing applies notwithstanding any language or term to the contrary contained in the Agreement.

Third Party Conduct

You are responsible for use of the Services by any Users or any third party who directly or indirectly utilizes the Services. You are responsible for violations of this AUP by anyone using the Services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by You is a violation of the AUP. You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. SIRKit’s right to suspend or terminate your Services applies even if a breach is committed unintentionally or without Your authorization, including through a Trojan horse or virus.

Offenses

While using the Services, You are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity constitutes a criminal offense or from otherwise engaging in or assisting others to engage in any criminal offense including, but not limited to, the following:

  • Communicating hatred
  • Pyramid selling
  • Unauthorized use of a computer
  • Mischief in relation to data
  • Fraud
  • Defamatory libel
  • Obscenity
  • Child pornography
  • Harassment/stalking
  • Uttering threats
  • Civil Offenses arid violations of the rights of others

If SIRKit is legally required to permit any relevant authority to inspect Your Content or traffic, You agree SIRKit can do so; provided that, where possible, without breaching any legal or regulatory requirement, SIRKit gives you prior notice of such requirement. SIRKit may, without notice to You, report to the appropriate authorities any conduct by You that we reasonably believe violates applicable law, and provide any information we have about You, Your Users or Your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

While using the Services, You are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity gives rise to civil liability or from otherwise violating the rights or assisting others to violate the rights of SIRKit or any third party, including, but not limited to, the following:

  • Copyright infringement
  • Trade- mark infringement
  • Patent infringement
  • Misappropriation of trade secrets
  • Defamation
  • Other prohibited activities

While using the Services, You are prohibited from engaging in or assisting others to engage in any activity that, in SIRKit’s sole judgment, (1) violates applicable policies, rules or guidelines of SIRKit or other service providers, (2) disrupts or threatens the integrity, operation or security of any communication service or any computer or Internet system, (3) elicits complaints from other Internet users or Internet service providers, (4) is contrary to any law or regulation, or (5) is otherwise objectionable. Examples of such prohibited activities include, but are not limited to, the following:

  • Scanning or probing another computer system
  • Obstructing or bypassing computer identification or security procedures
  • Engaging in unauthorized computer or network trespass
  • Maintaining a relay service open to the general public
  • Engaging in denial of service attacks
  • Posting, uploading, reproducing, distributing or otherwise transmitting any data, information or software that constitutes a virus, trojan horse, worm or other harmful or disruptive component
  • Exporting equipment, software, or data outside of Canada or the U.S. in contravention of applicable export control legislation
  • Falsifying address information, modifying message headers to conceal Your identity or impersonating others, for the purpose of circumventing this AUP
  • Posting, uploading, reproducing, distributing, otherwise transmitting, or collecting responses from unauthorized or unsolicited duplicative email messages, junk or bulk e- mail messages, chain letters, newsgroup postings or other “spam” (SIRKit reserves the right to determine, in its sole discretion, whether a message constitutes “spam”)
  • Engaging in any conduct that directly or indirectly encourages, facilitates, promotes, relies upon or permits the foregoing prohibited activities including, without limitation, failing to implement reasonable technical or administrative measures to prevent spam, viruses and worms
  • Cooperation with other providers

SIRKit may cooperate with other service providers to discourage and resist abuses of acceptable use policies. SIRKit reserves the right to take corrective action against You upon notification to SIRKit of unacceptable activities by You on other networks. You are prohibited from using the services of another provider to engage in or facilitate any activity that violates this AUP.

Passwords

All passwords for Users (i) must have at least ten (10) characters, (ii) cannot contain the User’s full name or any part of the User’s name (such as his or first name), and (iii) must include at least three of the four available character types (i.e. lowercase letters, uppercase letters, numbers, and symbols).

Indemnification

You will indemnify and hold harmless SIRKit from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal expenses on a solicitor-client full indemnity basis, incurred by or made against SIRKit, which result from or relate to violation by the You of this AUP. You shall give SIRKit prompt notice of any such demand, claim or preceding that the You are aware of.

Reservation of Rights and SIRKit Liability

Nothing in this AUP shall be interpreted to limit SIRKit’s rights or remedies in any way with respect to any of the foregoing activities (including, without limitation, SIRKit’s rights or remedies under the Agreement) and SIRKit reserves all rights and remedies available to it with respect to such activities at law or in equity. SIRKit does not assume liability to You or any other party for failure to enforce the terms of this AUP.

Modifications

The terms of this AUP may change at any time and without prior notice. You are responsible for frequently reviewing this AUP to obtain timely notice of any such changes.