Accepted Use Policy (AUP)

“Hey Tommy Inc.” and its owner Hey Tommy Inc. (the “Company”) provide the following conditions as a non-exhaustive list of directives to its Account Holders which form the basis of the Company’s acceptable use policy (“AUP”) in connection to the Company’s provision of Services. The following provisions set out the Company’s minimum standard of conduct that its Account Holders must comply with at all material times in addition to applicable laws, including privacy and copyright legislation, and the Company’s policies and terms contained it the Agreement as amended and specifically the AUP terms herein.

In return for the Account Holder’s compliance with the AUP, the Company will strive to:

  • Maintain security and privacy of our systems and network;
  • Maintain reliable service to our Account Holders;
  • Maintain the Company’s reputation in the marketplace as a responsible Internet service provider;
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services; and
  • Preserve the privacy and security of its Account Holders.

The Company does not routinely monitor the activity of its accounts and its Account Holders except for measurements of system utilization and the preparation of billing records; however, the Company reserves the right to monitor Account Holder and account activity at any time. The Company aims to promote good standards of ethics and conduct within the Internet community and, therefore, the Company will respond appropriately in accordance with its AUP if the Company becomes aware of or suspects inappropriate use of the Company’s Services.

The Account Holder must not use the Company’s Services to publish material, which the Company determines, in its sole discretion, to be unlawful, indecent or objectionable and potentially harmful for the Company’s goodwill. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If an Account Holder’s account with the Company is improperly used, in contravention of the AUP or otherwise, the Company reserves the unconditional and absolute right to  terminate the Account Holder’s Service without further notice. We prefer to give prior notice to Account Holders of inappropriate behaviour and any necessary corrective action that Company may institute; however, flagrant violations of the AUP and the Agreement do not merit further notice and this is the Account Holder’s final notice in such a scenario. The Company’s failure to enforce any term of the AUP or the Agreement on occasion shall not be construed as a waiver of the Company’s rights and entitlements at law and under the Agreement in general or otherwise. The Company will rely on the Account Holder to strictly adhere to the terms of the AUP and Agreement in general at all material times.

As a member of the Company’s Internet network community, Account Holders and all who may use the Account Holder’s hosted website and domain must responsibly use the Company’s Services and Internet access in good faith in accordance with the AUP at all times. Any questions regarding the Company’s AUP policy should be directed to: abuse@heytommy.ca

VIOLATIONS OF THE COMPANY ACCEPTABLE USE POLICY
Any one of the following scenarios shall constitute the Account Holder’s violation of this AUP and a fundamental default of the Agreement even if occurring inadvertently without intent:

  1. Illegal use: the Company’s services may not be used for illegal purposes, or in support or furtherance of illegal activities. The Company reserves the right to cooperate with government authorities and/ or potentially injured third-parties in the investigation of any suspected crime, malfeasance or any form of civil wrongdoing.
  2. Fraudulent activity: use of the Company’s services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scheme (scam) often referred to as “pyramid schemes,” “ponzi schemes,” or “chain letters”.
  3. Forgery or impersonation (“spoofing”): adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous re-mailers or nicknames does not constitute impersonation.
  4. Threats: use of the Company’s Services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of persons, property included intangible proprietary rights such as reputations, and goodwill.
  5. Fraud: involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  6. Harm to minors (children): use of the Company’s Services to harm, or attempt to harm, minors in any way, including, but not limited to, any exploitation of children.
  7. Harassment: use of the Company’s Services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another person.
  8. Copyright or trademark infringement: use of the Company’s Services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  9. Unsolicited commercial e-mail / unsolicited bulk e-mail (spam): use of the Company’s Services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Account Holder’s account.
  10. E-mail / news bombing: malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Account Holder’s account.
  11. E-mail / message forging: forging any message header, in part or whole, of any electronic transmission, originating or passing through the Company Services is in violation of this AUP.
  12. Usenet spamming: the Company has a no (“zero”) tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  13. Unauthorized access: use of the Company’s Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the Company’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Account Holder’s account is subject to immediate termination.
  14. Collection of personal data: use of the Company’s Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  15. Network disruptions and unfriendly activity: use of the Company’s Services for any activity which may adversely affect the ability of other people or systems to use the Company’s Services or the Internet. This includes “denial of service” (dos) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. An Account Holder may not, through action or inaction, allow others to use their accounts for illegal or inappropriate actions. An Account Holder may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another Account Holder’s account will result in immediate account termination and corrective action including litigation against the offender The Company will not tolerate any Account Holder’s attempt to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
  16. Infringement of copyright, patent, trademark, trade secret, or intellectual property right: distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
  17. Distribution of viruses: distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are strictly prohibited. Such an offense will result in the immediate termination of the offending account.
  18. Inappropriate use of software: use of software or any device that would facilitate a continued connection, i.e. “pinging”, while using the Company Services is impermissible.
  19. Third party accountability: the Company Account Holder will be held responsible and accountable for any activity by third parties, using the Account Holder’s account that violates guidelines created within the Company’s AUP and the Agreement in general.
  20. Violation of the Company’s accounts: it is absolutely forbidden to host pornographic content, file sharing server, media streaming server, or IRC servers on Account Holder’s accounts. Account Holders found hosting this material will be subject to immediate termination without refund.
  21. IRC networks: it is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately suspended and likely terminated without further notice. The Account Holder’s account will not be re-enabled until such time that the Account Holder’s agrees to completely remove any and all traces of the IRC server, and the customer agrees to let the Company have access to the Account Holder’s account to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
  22. File sharing networks: it is absolutely forbidden to host a file sharing server. Servers found to be connecting to or part of these networks will be immediately suspended without further notice. The account will not be re-enabled until such time that the Account Holder agrees to completely remove any and all traces of the file sharing server, and the Account Holder agrees to let the Company have access to the Account Holder’s account to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
  23. Media streaming networks: it is absolutely forbidden to host a media streaming server. Servers found to be connecting to or part of these networks will be immediately suspended without notice. The account will not be re-enabled until such time that the Account Holder agrees to completely remove any and all traces of the media streaming server. The Account Holder agrees to let the Company have access to the Account Holder’s account to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

THIS IS NOT AN EXHAUSTIVE LIST.

Security
The Account Holder is responsible for any misuse of the Account Holder’s account, even if the inappropriate activity was committed by a third-party such as a friend, family member, guest or employee. Therefore, you as an Account Holder must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held strictly liable for such use. Attempting to obtain another Account Holder’s account password is absolutely prohibited and will result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, password cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

Users who violate systems or network security may incur criminal or civil liability. The Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement and other governmental authorities in the investigation of suspected violations of any kind of the law and the Agreement and any malfeasance in general.

Network performance
The Company accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of the Company’s systems or networks. The company reserves the right to terminate or limit such activities.

Reporting violations of the Company AUP
The Company requests that anyone who believes that there is a violation of this AUP direct the information to the abuse department at . If available, please provide the following information:

  • The date / time of the alleged violation, including the time zone or offset from GMT;
  • Description of the alleged violation and evidence of the alleged violation;
  • E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

In response to the complaint, the company may take any one or more of the following actions:

  • Investigate the relevant facts as reported
  • Issue warnings to the offender
  • Suspend the Account Holder’s newsgroup posting privileges
  • Suspend the Account Holder’s s account
  • Terminate the Account Holder’s account
  • Bill Account Holder’s for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or and seek compensation and retribution.


Revisions to this acceptable use policy

The company reserves the right to revise, amend, or modify this AUP, our TOS (terms of service) and our other policies under the Agreement at any time and in any manner. Notice of any revision, amendment, or modification when in force and effective will be posted in accordance with our TOS (terms of service) on the Company’s website.