Vianet and its various affiliates and subsidiaries (collectively "we", "us", "our") are committed to being responsible network citizens. To assist us in protecting the usefulness and enjoyment of the internet, you agree to abide by the terms of this Acceptable Use Policy (the "AUP").
Any violation of this AUP will constitute a violation of the terms of the Terms and Conditions of Service ("Terms of Service"), which may be viewed here in English and form part of your End-User Service Agreement ("Agreement") with us, and such violation may result in the termination of such Agreement and/or suspension of your Service thereunder. We, in our sole discretion and without notice, may terminate your services at any time if you are found to be in violation of any provision in this document.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE and THIS AUP, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES and NOTIFY VIANET THAT YOU ARE TERMINATING THE SERVICES.
Your Service is solely for your personal use; without limitation, you may not use the Service or any equipment provided in connection with the Service for operation of an internet service provider's business. You may also not use it for any commercial purpose, unless specifically authorized pursuant to a written agreement between us and you, and where such authorization exists, the commercial use must conform to all of the terms of any such agreement.
You are prohibited from using the Service for activities that include, but are not limited to:
Harassing or abusive language or actions, whether verbal, written or otherwise, of our employees, suppliers, agents, and representatives is strictly prohibited and will not be tolerated. We, in our sole discretion and without notice, may terminate your services at any time if you are found to be in violation of this or any other provision in this document.
Our email service, as further described in your Agreement, is for your personal use. You may not sublicense, distribute, transfer, or sell the email service or any portion thereof.
You agree to use the email service only to send and receive messages and material that are proper. In addition to the general terms set out above, and by way of example, and not as a limitation, you agree that when using the email service, you will not:
In the event that you maintain one or more bulk "opt-in" email lists, you must have a method of confirmation of subscriptions and be able to provide such information when requested by us. At our discretion, if no such evidence is available, such bulk emailings may be considered unsolicited.
We reserve the right, in our sole discretion, to set an upper limit on the number of recipients of customer initiated email, the number of subscribers on a customer's bulk "opt-in" email lists, and the number of messages a customer may send or receive through our email service.
Neither we nor any of our suppliers have any obligation to monitor the email service. However, we and our suppliers reserve the right to review materials sent through such service, and to remove any materials in our/their sole discretion. We, in our sole discretion, may terminate your access to the email service at any time, without notice.
We, and our suppliers, reserve the right at all times to disclose any information as we/they, in our/their sole discretion, deem necessary to satisfy any applicable law, regulation, legal process or governmental request. We and our suppliers further reserve the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in our/their sole discretion.
In addition to the general terms set out above, while posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:
Newsgroup and forum postings must comply with each newsgroup's or discussion forum's respective charter or FAQ.
In addition to the general terms set out above, while using IRC or any other chat service, you are prohibited from conducting activities that include, but are not limited to:
Additionally, while using an IRC Server or any other chat service, you must be in full compliance with the rules and regulations set out by the server administrator.
In addition to the general terms set out above, you are prohibited from using the Service for activities that include, but are not limited to:
As further set out in your Agreement, you are solely responsible for the security of your system and Account. We will offer full co-operation with law enforcement agencies in connection with any investigation arising from a breach of this AUP.
In the event that numerous complaints are received by our staff in regards to any breaches of this AUP, at our discretion a processing fee per complaint received, in addition to an administration fee, may be applied to your Account. This remedy is in addition to any other remedy that we may apply for any single or repeated complaints or while we are investigating any such complaint(s), and such additional remedies may include, without limitation, suspension or termination of the provision of the Service or any part thereof to you and/or terminating the Agreement, which may be done at any time and without prior notice to you.
We may at any time and from time to time amend this AUP by posting notice of the amended AUP on our website(s) or by sending you notice via email to the primary email account associated with your Account, and such modification shall be effective as of the earlier of the date of posting of the modified AUP or the date identified in the email, as applicable.
The AUP is governed exclusively by and construed in accordance with the laws of the province or territory in which your billing address is located, but if your billing address is outside of Canada, the AUP is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. If any provision in this AUP is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified without affecting the validity of the other provisions.
Our failure to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right.
The parties have required that this Acceptable Use Policy and all related documents be drawn up in English.