Acceptable Use Agreement

● Introduction

OSWI provides high-speed Internet service, hereafter referred to as "the service". Use of the service is subject to the policies and guidelines set out in this agreement. Each customer agrees to abide by the terms of this agreement upon signing the agreement for service, or by continued use of the service. Amendments may be made to this agreement by OSWI as necessary, to ensure that use of the service provided to such customer complies with such policies and guidelines and is as permitted by law.

● Violations of Agreement

The use of OSWI.net service for any activity that violates any local, provincial, federal or international law, order or regulation would be deemed by OSWI to be a breach of this agreement. The customer is responsible for any/all activities committed by anyone with access to the Service through the customer's account. Without limiting the generality of the foregoing, the customer agrees not to use the Service, and further agrees not to permit or allow use of the Service, directly or indirectly, for the following purposes:

Illegal Use: Using the service to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, provincial, national, or international law, or any rules or regulations promulgated hereunder.

Fraudulent activity: Using the service to make fraudulent offers to sell or buy products, items, or services, or to enable any type of scam, including pyramid schemes, "ponzi schemes," and chain letters.

Danger or Harm to minors: Using the service to harm, attempt to harm, or otherwise endanger minors in any way.

Threats: Using the service to send/transfer any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Using the service to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

Reselling the Service: Reselling the service without OSWI's expressed written permission is prohibited. This applies to any/all services which imply the reselling or re-distribution of OSWI service in any manner.

Unauthorized access: Using the service to access, or to attempt to access, the accounts of others, or to hack, or attempt to hack security measures of OSWI or any other entity's computer software or hardware, electronic communications system, or telecommunications system, regardless of result of attempt.

Forgery or impersonation: Adding, deleting, or changing identifying network header information in an attempt to deceive or mislead is strictly prohibited. Using deliberately misleading headers in news postings to avoid email address culling is allowed. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames is not considered impersonation.

Spam Mail: Using the service to send any unsolicited commercial email or unsolicited bulk email (otherwise known as spam), or otherwise violating the protocol of online netiquette is not permitted.

Collection of personal data: Using the service to collect, or attempt to collect, personal information about third parties without their expressed permission.

Infringement of copyright or trademark: Using the service to send/transfer any content (via email, file transfer, posting, or otherwise) that infringes upon any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the digitization and distribution of photographs from magazines, the unauthorized copying of copyrighted material, books, or other copyrighted software programs.

Service disruptions or unfriendly activity: Using the service for any activity which negatively affects the ability of other people or systems to use OSWI's services or the internet. This will include "denial of service" (DoS) attacks against another individual customer or network host; this also includes interference with or disruption of other network users, network services. All such activities are prohibited. It is the customer's responsibility to maintain security of their network. A customer may not, intentionally or unintentionally, allow others to use their network for illegal, inappropriate, or otherwise prohibited actions, nor configure their network in such a manner as to give any third party the capability to use the network as stated above.

Access to Equipment: OSWI maintains the rights and privileges to access all of its equipment for maintenance and/or other related technical issues as deemed necessary.

Unauthorized Access or Illegal Access to Other Computers or Networks: Accessing illegally or without permission the computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system. Also, any activity related to information gathering.

Destructive Programs Distribution, including Internet Viruses, Worms, Trojan Horses, or Other Related Activities: Distributing information for and regarding the creation of, and transmission of, internet viruses, Trojan horses, worms, mail bombing, IRC bots, IRC flooding, IRC clones, pinging, flooding, or denial of service attacks. Also includes any/all activities that disrupt the use of, or interfere with, the ability of others to satisfactorily use the network or any connected network, system, service, or equipment.

Aiding in Violation of this Agreement: Advertising, selling, transmitting, or otherwise making available any software, product, program, or service that is designed to violate this agreement, including the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Miscellaneous: Engaging in activities, either lawful or unlawful, that OSWI determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

● Right to Monitor

OSWI shall operate the service properly, to protect itself and its customers. For that purpose, each customer must acknowledges and agree that OSWI has the right (but not the obligation) to monitor the service content and the use of the service by each customer. OSWI has the further right to disclose any information as necessary to satisfy any law, regulation, or other governmental requirement. OSWI may refuse to post, and may remove, any information or materials, in whole or in part, that in its sole discretion considers to be inappropriate, unnecessary or in violation of this agreement.

Responsibility Towards Internet Content

OSWI accepts no responsibility for any internet content available through the service. The customer assumes all risk when accessing any/all internet content through the service. Customers are responsible for restricting access to and monitoring use of the Service by others as necessary and appropriate.

Termination as a Result of Breach of Agreement

OSWI will decide, in its sole discretion, if any use of the service is in breach of this agreement, and if a breach is determined to have occurred, it may take any action it deems appropriate as a result of such activity, to include:
(a) The immediate suspension or termination of the service to the customer(s) involved; and
(b) Any other legal or technical action OSWI considers necessary.

No Waiver

The failure of OSWI to enforce the policies and guidelines set out in this agreement, for any reason, shall not be construed as a waiver of any right to do so at any later date.

Consistent With Applicable Law

If any term or provision of this agreement is determined to be invalid or unenforceable, that term or provision shall be interpreted and enforced in any way found to be consistent with applicable law as closely as possible; the remaining terms and provisions shall remain in full force and effect.

Limited Warranty

OSWI does not warrant uninterrupted use or operation of its equipment or the service.
OSWI does not warrant that any data or files sent to or by the customer will be transmitted in uncorrupted form or within a reasonable period of time, or that other users will be unable to gain access to the customer's system(s).
OSWI does not warrant the performance of the Internet or access thereto or to the facilities of other persons or entities.
OSWI does not warrant that customers will not be exposed to or affected by computer viruses.

General Provisions

This agreement cannot be assigned or transferred by any customer. The customer utilizing the service acknowledges that he/she has read this agreement, and fully understands all of the terms and conditions of this agreement and undertakes to fully comply with stated terms and conditions.

Amendment

OSWI may update or edit this agreement without prior notification by making a revised version available at www.OSWI.net. Customers shall refer to this revised version, if posted, on a frequent basis to ensure their usage conforms to the most recent version. Continued use of OSWI.net after the posting of such revised version shall serve as implied acceptance by a customer of any such revision. If a customer does not agree to any revision, said customer must immediately cease using OSWI, and additionally notify OSWI of agreement termination.