Tuckersmith Communications Co-operative Limited Internet Service (TCC) is committed to being the best possible internet provider. To assist us in protecting the usefulness and enjoyment of the Internet for our members and for other users, we strongly suggest you read the following document outlining our policies on network abuse. The activities described below constitute violations of the Tuckersmith Communications Service Agreement that may result in the loss of your service.

The Acceptable Use Policy prohibits activities that include, but are not limited to, those described below. The terms of this policy may change at any time and without prior warning; you are responsible for informing yourself of changes to this document by consulting this page.

(For the purposes of this document, "Internet host" means any computer or electronic device connected to the Internet).

General Acceptable Use Policies

You are prohibited to use your TCC account in conducting activities that include, but are not limited to:

• Transmit unsolicited messages which, in the sole judgement of TCC, causes significant disruption or elicits complaints from other Internet users.
• Harassing users or groups in any way.
• Impersonating users from TCC or any other Internet service providers in any way.
• Transmitting, receiving, distributing or storing unlawful material of any sort, including but without limitation, copyright protected materials, material infringing trademarks, intellectual property rights of others or any other material that is a violation of any applicable law.
• Transmitting, receiving, distributing or storing any program or information designed to assist users in defeating copy-protection, registration and any other anti-theft mechanisms associated with commercial or shareware programs.
• Transmitting, receiving, distributing or storing any program or information designed to assist in the fraudulent use of telecommunications services.
• Using an Internet host's resources in a manner not authorized by its administrators. This includes mail relaying.
• Transmitting chain letters, make-money-fast or pyramid style schemes of any sort.

Electronic Mail

In addition to the "General Acceptable Use Policies", while sending electronic mail, you are prohibited from conducting activities that include, but are not limited to:

• Transmitting identical or substantially similar unsolicited e-mail messages.
• Promoting or facilitating the transmission of unsolicited e-mail messages.
• Attaching an excessively long signature to your messages.
• Forging the headers of your e-mail messages in any way.
• Sending messages to disrupt or cause difficulties in receiving other email.

TCC has a Zero Tolerance for unsolicited e-mail messages (spam). Actions contrary to the terms of the TCC Acceptable Use Policy will result in the suspension and / or termination of your account and may result in further penalties. The account owner is responsible for any and all action that originates from his / her account.

Customers who maintain bulk "opt-in" e-mail lists must have a method of confirmation of subscriptions and be able to provide that information as evidence when requested by the TCC. At the discretion of the TCC, if no such evidence is available, messages could be considered as unsolicited.

Newsgroups / Discussion Forums

In addition to the "General Acceptable Use Policies", while posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:

• Posting advertisements, commercial or unsolicited messages of any kind, unless expressly permitted by the charter or FAQ.
• Posting binary or excessively large files of any kind, unless expressly permitted by the charter or FAQ.
• Posting substantially identical messages to more than 10 newsgroups.
• Attaching an excessively long signature to your messages.
• Forging the headers of your postings in any way.

Newsgroup and forum postings must comply with the associated charter or FAQ. If a posted message does not fall within the topic or ideals of the discussion identified by the charter or FAQ, at the discretion of TCC, could represent an infraction of the TCC Acceptable Use Policy. Users posting messages to newsgroups or forums are responsible for making themselves aware of the rules of conduct, prior to posting.

IRC/Chat

In addition to the "General Acceptable Use Policies", while using IRC or any other chat service, you are prohibited from conducting activities that include, but are not limited to:

• Sending messages that include advertisements or commercial content of any kind in an unsolicited matter.
• Attempting a Denial of Service attack either automated via a bot or manually conducted.

Additionally, while using an IRC Server or Internet Chat Service, you must be in full compliance with the rules and regulations set out by the server administrator.

Network / Security

In addition to the "General Acceptable Use Policies", while using your TCC account, you are prohibited from conducting activities that include, but are not limited to:

• Causing an Internet host to become unable to effectively service requests from other hosts.
• Analyzing or penetrating an Internet host's security mechanisms.
• Forging any part of the TCP/IP packet headers in any way.

You are solely responsible for the security of your system. While connected to TCC, you are prohibited from any act, committed intentionally or through negligence, which may compromise the security of your Internet host in any way.

Customers found responsible for violation of this Acceptable Use Policy may, at the sole discretion of the TCC, be grounds for the suspension / termination of their account and / or for the application of additional service charges. Also, violation of this Acceptable Use Policy may result in criminal and civil liability. TCC will offer full co-operation with law enforcement agencies if their investigation warrants it.

In the event that numerous complaints are received by our staff in regards to any breaches of this Acceptable Use Policy, at the discretion of TCC, a processing fee per complaint received in addition to an administration fee may be applied to the account.
TCC does not assume liability to our members or other Internet users for failure to enforce the terms of this Acceptable Use Policy. As well, TCC reserves the right to suspend / terminate your account at any time without prior notice.

Please read our Service Agreement

READ CAREFULLY. THIS AGREEMENT IMPOSES OBLIGATIONS UPON YOU.

Tuckersmith Communications Co-operative Limited ("TCC") provides access to the Internet (the "Service"). This Agreement sets out duties and responsibilities associated with providing you with the Service through a designated account (the "Account"). By accessing the Service, you agree to the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service.

1. Use Subject to Service Provider's Policies. You are solely responsible for all access to the Service through your Account. You agree to comply with TCC's policies respecting the Service as provided from time to time, including those attached to this Agreement or to which you are directed when using the Service. You agree to hold TCC harmless from all liabilities and expenses related to any violation of this Agreement by you or any user of your Account, or in connection with your or their use of the Service.While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to TCC's policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet.

2. Fees and Charges. You agree to pay such fees and charges, including applicable taxes, incurred in connection with the provision of and/or use of the Service through your Account in accordance with the rates and terms established by TCC for the Service and as such rates and terms may be amended by TCC upon reasonable notice to you or which you are directed to review when using the Service.

3. User Information. Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. TCC has no obligation to monitor the Service. However, you agree that TCC reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request, to operate the Service or to protect itself or others.

4. No Liability for Content. Be aware that some content, products or services ("Content") available with or through the Service may be offensive to you or may not comply with applicable laws. You understand that TCC does not attempt to censor or monitor any such Content. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. TCC assumes no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

5. Software and Documentation Supplied. Any software or documentation supplied by TCC or its agents to you to access the Internet shall remain the property of TCC, as applicable. You shall take appropriate steps to protect same against loss or damage. The use by you of any such software and documentation shall be subject to such terms set out in the License Agreement included with the software and documentation.

6. Your Equipment. It is your responsibility to ensure that your computer system meets the current minimum requirements stated by TCC as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access the Service. In such event, your sole remedy will be to terminate this Agreement.

7. You Can Best Control the Risk and Therefore Are Responsible. The fees charged by TCC reflect the allocation of risk herein and the limited recourse to TCC provided for in this Agreement. TCC will not assume any responsibility for your acts or omissions or of any individual who uses your Account. As between TCC and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your Account. Account and password protection shall be your responsibility.

8. Limited Warranty. The Service and any deliverables provided by TCC are provided "as is" and "as available" without warranties or conditions of any kind. TCC does not warrant the uninterrupted use or operation of the Service or any deliverable provided under this Agreement. The entire risk as to the quality and performance of the Service is with you. Further, TCC does not warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be intercepted or that other users will not gain access to any of your computer equipment nor that any Content, or other material accessible on the Service is free of viruses or other harmful components.THERE ARE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS WHATSOEVER (INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

9. Limitation of Liability. (a) In the event of any breach by TCC, its affiliates or its agents including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from TCC payment for actual and direct damages to a maximum amount equal to the fees paid hereunder by you to TCC in the last three months.(b) Other than as set out in paragraph (a) above, under no circumstances shall TCC, its affiliates or its agents be liable to you or any third party for:(i) any direct, indirect, special, or consequential damages, including loss of profits and loss of business opportunities, that result in any way from this Agreement including your use of the Service or to access the Internet or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance.(ii) any losses or expenses (including legal fees) arising out of or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your Account infringes the intellectual property rights or contractual rights of any third party.

10. Termination. This Agreement may be terminated by you upon notice to TCC. TCC may suspend or restrict the Service or terminate this Agreement and the Service at any time if:(i) the operations or efficiency of the Service is impaired by the use of the Account; or(ii) any amount is past due from you to TCC; or(iii) there has been or is any breach of any term or condition of this Agreement. TCC shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of this Agreement shall not relieve you from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.

11. Amendment. TCC may modify this Agreement from time to time by reasonable notice to you, and your continued use of the Service following notice of such modification shall be deemed to be your acceptance of such modification. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.

12. Information. You hereby acknowledge that TCC may retain and use any information, comments or ideas conveyed by you relating to the Service (including any products and services made available on the Service). This information may be used to provide you with better service.

13. Miscellaneous. This Agreement, including any and all documents and the TCC's policies referenced herein constitute the entire agreement between TCC and you pertaining to the subject matter hereof. TCC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of this Agreement conflicts with an applicable tariff, the tariff shall supercede this Agreement only in respect of the conflicting provision. This Agreement shall be governed by and construed in accordance with the laws of the province or territory in which your designated billing address is located and the federal laws of Canada applicable therein. TCC may assign its rights and obligations under this Agreement to any affiliated entity without your prior written consent. The parties have required that this Agreement and all documents relating thereto be drawn up in English.