Introduction

Hardfocus International believes in ethical business practises and responsible networking. We value our Clients and their need for secure and reliable access to our Network Facilities, and to the use of our Services.

In the interest of protecting the security and reliability of our Network Facilities, complying with governing laws, and otherwise deterring any activity that undermines the fairness, rights or privileges of our Clients, or of Internet community in general, we created this Acceptable Use Policy ("AUP").

We ask your co-operation in complying with the terms of this AUP. Please take the time to read it carefully and understand it.

1. Agreement Governing Use of the Services

This Acceptable Use Policy ("AUP"), is an agreement between you (the "Client") and us, Hardfocus International ("Hardfocus"), and governs your use of the "Services". Services collectively refers to website hosting, email storage and forwarding, data storage and retrieval, domain name registration, DNS (Domain Name System) Services, connections to the Internet, and any other access or usage of such computer Network Facilities, whether provided directly by Hardfocus or by our suppliers.

This AUP establishes certain OBLIGATIONS and LIMITS placed on your use of the Services. You agree to abide by the terms of this AUP as a CONDITION OF USING THE SERVICES.

2. Client Account & Third-Party Compliance

Hardfocus provides each Client with an "Account", which facilitates access to the Network Facilities. Access to the Account is controlled by a one or more "User IDs" and "Passwords". You agree that access to the User IDs and Passwords will be restricted to those individuals within your authority. At all times, you shall remain responsible for activities performed via your Account and ensure that such activities are in accordance with the terms of this AUP.

It is understood and agreed by Hardfocus that you may grant access to the Account by third parties, in order to perform work on your behalf. Further, subject to the terms of a separate "Service Agreement" or "Terms of Service" document, you may resell certain of the Services to third parties. In either case, you agree to require such third parties to abide by the terms of this AUP.

The Client will remain responsible for ensuring compliance with the AUP by any third parties accessing the Client's Account. In the event that there are problems or disputes arising out of non-compliance with this AUP by such third parties, the Client will be the sole agent to whom Hardfocus communicates for the purpose of resolving such problems or disputes.

3. Lawful Use

The Services may only be used for lawful purposes. You may not transmit, distribute or store certain material, which include but are not limited to the following: threatening, abusive, libellous, defamatory, fraudulent, menacing, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offence or civil liability; that discriminate on the grounds of ethnic appearance, religion, sex, culture, origin or otherwise; or otherwise violate any applicable laws or regulation. You specifically agree that you will not transmit information in violation of any export or intellectual property laws. Furthermore, you may not facilitate, aid or encourage any of the above activities.

4. Unsolicited Electronic Mail (Spam)

You may not transmit or distribute unsolicited electronic mail, commonly referred to as "Spam", via our network facilities. Further, you may not transmit Spam via any other network, whether or not the contents of the Spam advertises or makes reference to domains or services hosted on our network. To the extent that you transmit Spam via our network or via any other network, with or without your knowledge, we retain the right to suspend your Service while resolving any problems that may arise from the transmission, distribution or storage of such Spam.

5. Adult Material

You may not transmit, distribute or store material of an indecent, obscene, pornographic or profane nature collectively referred to as "Adult Material" except as expressly stated in your Service Agreement. Notwithstanding, you may not transmit, distribute or store material of an indecent, obscene, pornographic or profane nature that violates any laws of Canada, the Canadian Province of Ontario or any other jurisdiction which you or Hardfocus may be subject to. Further, to the extent that what constitutes indecent, obscene, pornographic or profane is not regulated or controlled by law, you agree that Hardfocus will be the sole arbitrator of what constitutes Adult Material for the purposes of this AUP.

6. Harmful Activities & Harmful Material

You may not engage in Harmful Activities such as transmission, distribution or storage of any information or software tools that may be used to compromise the security of our network, other Internet websites, other networks, or services of any kind. Such information and software tools are collectively referred to as "Harmful Material" and include but are not limited to software programs known as "viruses", "worms", "Trojan horses", "malware", or "spyware" or software tools used to collect e-mail addresses for use in sending Spam

Hardfocus reserves the right, but does not assume the responsibility to utilise certain automated software tools to detect or curtail Harmful Activities, or to block access to or remove Harmful Materials, or otherwise to block any activities or access to materials that are suspected of being a threat or in violation of this AUP. These automated software tools include, but are not limited to, "Tripwires", "Firewalls", "Antivirus Scanners" and "Phishing Detectors".

You understand that such software tools may automatically limit or suspend your access to our network facilities, either in response to an actual threat or to a perceived threat. If you find that your access has been blocked, you agree to contact Hardfocus to investigate the cause and, when appropriate, restore your access to the network facilities.

To the extent that you are suspected to be engaged in Harmful Activities or to the extent that any Harmful Material is transmitted, distributed or stored on or via our network facilities, with or without your knowledge, we retain the right to suspend access to the Services while investigating or resolving any problems or issues that arise out of such Harmful Activities or Harmful Material.

7. Copyright and Intellectual Property Rights

You may not transmit, distribute or store any information, software or other material in violation any copyright or other intellectual proprietary rights, including but not limited to copyrighted music, video, images, software programs, or trade secret materials, or any derivative works thereof, or that violates any trademark or service mark usage rights.

8. Control over Access to Content

Hardfocus provides access to various forms of content that are available over the Internet but do not screen such content. We reserve the right, but do not assume the responsibility, to block or limit access to general categories of content that we, in our sole discretion, deem to be harmful, offensive, illegal or obscene.

9. Access by Law Enforcement Agencies

Any information that is accessed, stored or transmitted or via our network that is illegal, or otherwise against our AUP, may make you liable under certain laws for accessing, storing or transmitting such information. You acknowledge that under applicable laws or regulations, we may be required by law to provide to law-enforcement agencies with access to information about you, including details of your use of the Service and access to information or data belonging to you or stored by you.

We reserve the right to monitor the usage of our Networks or any other Service we offer and we will co-operate fully with any authority legally requesting such information. In all such cases, Hardfocus will not be liable for any damages resulting from our provision of such information to legally authorised entities.

10. Enforcement

We do not assume the responsibility to investigate non-compliance or suspected non-compliance of this AUP. We do nonetheless reserve the right to do so, and will take appropriate action if a suspected non-compliance comes to our attention, either by routine network maintenance, reports by network security or performance monitoring tools or by third-party reports of any non-compliance.

11. Fairness and Suspension of the Service

In the interest of fairness to the Client, Hardfocus will do its utmost to resolve problems or disputes arising out of non-compliance with this AUP, without disruption of the Services. We nonetheless retain the right to suspend access to the Services while investigating or resolving such problems or disputes. Hardfocus will not be liable for any damages resulting from such suspension of Service.

12. Revisions

Hardfocus may revise this AUP from time to time. Most revisions to this document are made for clarification but in some cases may affect Client rights and privileges. You nonetheless agree to be bound by any revisions to this AUP as a condition of continuing to use the Services. If such revisions result in changes to policies or otherwise affect your rights or privileges, Hardfocus will endeavour, but is not obligated, to notify you of such changes.