Acceptable Use

 

Acceptable Use Policy

PDQ Xchange L.C. and its affiliates ("PDQ") is committed to being the best possible network citizen. To assist us in protecting the usefulness and enjoyment of the Internet for our Customers and for other users, we require that our Customers comply with the terms of this document, which outlines our policies on acceptable use of our services.

When using PDQ Internet access services, chat rooms, message boards, news groups, software libraries, personal web pages or any other message or communication services that may be available to the Customer on or through PDQ network Services (collectively, the "Services"), the Customer is prohibited from engaging in certain activities which include, but are not limited to, those described in this Acceptable Use Policy.

For the purposes of this Acceptable Use Policy, a "Customer" is an individual or organization that has a network service agreement or contract with PDQ for use of the Services, or otherwise uses the network Services.

If the Customer engages in any of the prohibited activities described below it may, at the sole discretion of PDQ and without notice to the Customer, result in the immediate (1) restriction, suspension or termination of the Customer's use of the Services (including without limitation the Customer's PDQ Internet access), without compensation to the Customer, (2) blocking or filtering of the Customer's content, data or materials, (3) application of complaint processing fees, disconnection fees and additional service charges to the Customer's account, (4) deletion of the Customer's content, data or materials from PDQ servers, or (5) 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 any agreement that the Customer may have with PDQ.

The Customer is responsible for use of the network Services by any third party who directly or indirectly utilizes the   Services provided by PDQ to the Customer, whether or not such use has been authorized by the Customer.

Criminal Offenses

While using the Services, the Customer is prohibited from, in PDQ’s sole judgment, 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, those offenses listed below:

  • 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 and Violations of the Rights of Others

While using the Services, the Customer is prohibited from, in PDQ’s sole judgment, 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 PDQ or any third party, including, but not limited to, the violations listed below:

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

Other Prohibited Activities

While using the Services, the Customer is prohibited from engaging in or assisting others to engage in any activity that, in PDQ’S sole judgment, (1) violates applicable policies, rules or guidelines of PDQ or other on-line 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 activity include, but are not limited to:

  • 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 the Customer's identity or impersonating others, for the purpose of circumventing this Acceptable Use Policy
  • Posting, uploading, reproducing, distributing, otherwise transmitting, or collecting responses from unauthorized or unsolicited duplicative e-mail messages, junk or bulk e-mail messages, chain letters, newsgroup postings or other "spam" (PDQ 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

Bandwidth Usage

“Always On” means the ability to achieve service to the web in an unlimited and always available connection and PDQ in no way guarantees or offers to deliver for residential or business use an unlimited amount of data transfer.   Bandwidth is a finite resource and should be conserved as such.   Services selected by Customer determine transfer quantities included with the base fee. All customers should ensure their use does not abuse, restrict, or degrade any other PDQ’s Customers access to Services.   See usage on the PDQX.net web site for examples of bandwidth usage.

Cooperation with Other Providers

PDQ may cooperate with other on-line service providers to discourage and resist abuses of acceptable use policies. PDQ reserves the right to take corrective action against the Customer upon notification to PDQ of unacceptable activities by the Customer on other networks. The Customer is prohibited from using the services of another provider to engage in or facilitate any activity that violates this Acceptable Use Policy.

Indemnification

The Customer will indemnify and hold harmless PDQ from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against PDQ, which result from or relate to violation by the Customer of this Acceptable Use Policy. The Customer shall give PDQ prompt notice of any such demand, claim or proceeding that the customer is aware of.

Reservation of Rights and PDQ Liability

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

Modifications

The terms of this Acceptable Use Policy may change at any time and without prior notice. The Customer is responsible for frequently reviewing this Acceptable Use Policy posted on PDQ’s web site to obtain timely notice of any such changes.

Questions?

If you have any questions about this Acceptable Use Policy or wish to report violations, please e-mail PDQ at   abuse@pdqx.net

 

Effective Date: 7/01/2005