ACCEPTABLE USE POLICY AGREEMENT BETWEEN
NUCLEUS AND CUSTOMER
Welcome to the Nucleus website, a service of Nucleus Information Service Inc., its subsidiaries, affiliates, agents and licensors (collectively “Nucleus”). The following terms apply to your use of and access to any Nucleus owned or operated website (“Website”), as well as any electronic transmission sent, received, posted, accessed, or stored via any Nucleus network (“Network”), including without limitation its, data, and messaging services; Internet services; and internal email network for communicating with Nucleus employees. Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.
COVERAGE OF THIS POLICY AND AGREEMENT
In addition to other agreements between you and Nucleus, these terms explain the policies that govern your access to and use of our Website and Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable. By accessing or using our Website or Network, you agree to these terms (collectively the “Policy and Agreement”), as Nucleus may modify it from time to time. If you do not agree to accept and comply with the Policy and Agreement, do not access or use our Website or Network.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which Nucleus has no control. These links are provided for convenience only. Use of these links will cause you to leave the Nucleus Site and use of third-party websites is entirely at your own risk. Nucleus makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Nucleus does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Nucleus is not responsible or liable for the conduct of the sites’ operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.
ILLEGAL OR HARMFUL USE
You may access and use our Website and Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
- Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
- Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
- Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
- Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel-bots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
You may not distribute, publish, or send through our Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as “spam”); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service. Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others (without Nucleus’s prior written consent), a practice sometimes known as spidering or harvesting; (2) participate in using software (including “spyware”) designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site’s mail server to relay mail without the express permission of the account holder or the site.
NETWORK SECURITY AND INTEGRITY
You may not violate the security of our Website or Network in any way. Such violations may result in criminal or civil liability. Nucleus may, but is not obligated to, investigate any violation of our Network. Nucleus may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Nucleus products, services or sending, receiving, posting, accessing, or storing any electronic transmission via our Network, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:
- Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
- Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
- Intentional Interference: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
- Falsification of Origin or Routing Information: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
- Avoiding System Restrictions: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel-bots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT
All users of the Services must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.
We may also access and disclose any information (including transactional information) related to your access and use of our Website or Network for any lawful reason, including but not limited to: (1) responding to emergencies (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A NUCLEUS WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A NUCLEUS NETWORK OR WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” NUCLEUS, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. NUCLEUS DOES NOT GUARANTEE THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL NUCLEUS, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF NUCLEUS, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY NUCLEUS NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF NUCLEUS, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
This Policy and Agreement is governed by and must be construed under the laws of the Province of Alberta. The federal and provincial courts of Calgary, Alberta, have exclusive jurisdiction over and venue of any suit that relates to this Policy and Agreement.
You agree to indemnify, defend and hold harmless Nucleus from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website or Network; or (5) your use of our Website or Network.
MODIFICATION OF THE POLICY AND AGREEMENT
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on http://www.nucleus.com. You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our Network.
Unless otherwise stated by ongoing contract or service agreement, the Nucleus cancellation policy is as follows. If you need to cancel your account with us, we require written notification to ensure that your account gets cancelled in an efficient and timely manner. Cancellation requests must be sent to [email protected] or faxed to our office. You will receive a confirmation once your cancellation has been processed. If you do not receive written confirmation within 2 business days, please contact us immediately.
All Corporate members that are being invoiced for service must pay within 30 days. Interest charges will apply to any overdue invoices. Service may also be terminated until accounts are paid in full. We reserve the right to cancel monthly invoicing on delinquent accounts.
Each hosting and access plan includes pre-paid bandwidth. Additional bandwidth is available upon request. Bandwidth must be pre-paid for each month and is not carried over from month to month; otherwise the account will be charged at current non pre-paid rates.
All unused email accounts will be removed after there has been no customer access for 180 days.
Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Nucleus may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Customer Care. If you want to report any violations of this Policy and Agreement, please call us at 403-209-0000.
We hope you enjoy using our Services and we welcome suggestions for improvements.
Version 1.3 (January 7, 2015)