Please read carefully before accessing and/or using the Convergia Web site and/or before opening an account with Convergia. By accessing, using this Web site or opening an account for Convergia services, you (users accessing this Web site and/or account holders) acknowledge that you have read, understand and agree to be bound by this agreement (including modifications), and will comply with all applicable laws. You also represent and warrant that you have full power and authority to execute this agreement and to perform the obligations herein.
(For purposes of this Agreement, “You”, “users”, and “account holders” are used interchangeably, and where applicable).
Acceptable Use Policy ( “Policy” )
1. Investigations and Responsive Actions
1.a You acknowledge that Convergia reserves the right to investigate suspected violations of this Policy. When Convergia becomes aware of possible violations, Convergia may initiate an investigation which may include gathering information from the account holder(s) involved and the complaining party, if any, and examination of any and all material on Convergia’ Servers.
1.b During an investigation, Convergia may suspend the account(s) involved and/or remove the material involved from its servers.
1.c If Convergia believes, in its sole discretion, that a violation of this Policy has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent removal of material from Convergia’ servers, the cancellation of newsgroup posts, warnings to the account holder(s) responsible, and the suspension or termination of the account or accounts responsible.
1.d Convergia, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Policy may also subject the account holder(s) to criminal or civil liability.
2. You are responsible for Your account
2.a You agree that You are responsible for use of Your account, with or without Your consent of use.
3. Storage, Distribution and Transmission of Illegal and Prohibited Material
3.a While using Convergia Services, You are prohibited from and agree not to store, distribute or transmit any text, images, data, programs etc. (“Material”) that are illegal. Examples of illegal Material include, but are not limited to, Material that is threatening coercive and/or harassing in nature, Material containing child pornography, and copyrighted, trademarked or other proprietary Material used without proper authorization. The account holder may not post, upload or otherwise distribute copyrighted, trademarked and or patented Material (Intellectual Property) on Convergia’ servers without the consent of the owner of the Intellectual Property.
3.b The storage, distribution, or transmission of illegal Material may subject the account holder(s) to criminal as well as civil liability, in addition to the actions outlined in this Policy.
3.c You are strictly prohibited and agree to not store or distribute certain other types of Material on Convergia’ servers. Examples of prohibited Material include, but are not limited to, programs containing viruses or Trojans and tools to compromise the security of other sites.
4. System and Network Security
4.a You agree not to attempt to circumvent user authentication or security, of any host, network, or account on the Convergia network or the Internet itself. Example of these tools include but are not limited to cracking utilities, port scanning utilities, D.O.S attack programs, or password guessing programs.
4.b You agree not to attempt to seek information on, obtain copies of or modify files of other data or passwords belonging to other users without permission.
4.c If the account violates this Policy, Convergia may publish an account holder’s account information, to the maximum extent allowed by law, to a publicly accessible list/location, which will allow other Internet Service Providers to identify account holder(s) that abuse Internet privileges.
5. System Resource and Utilization
5.a Convergia will use all commercially reasonable efforts to allocate system resources. As part of resource allocation, Convergia may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions.
5.b Convergia reserves the right to institute services and fees for account holders who are interested in accessing system resources above and beyond acceptable usage.
5.c Convergia may, from time to time, delete unread mail in mailboxes which have not been checked in more than 6 months. Convergia assumes that mailboxes which have not been checked in the last 6 months can be considered dormant and that the messages contained within are unwanted
6. System Abuse
6.a System abuse is defined as any use of Convergia resources which disrupts the normal use of the system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of CPU time, memory or disk space, or otherwise affecting the performance of Convergia servers.
6.b Convergia will log instances of abuse or unusual use of system resources, including but not limited to those stated herein, and take action as outlined in this Policy.
6.c You agree that if you subscribe for Internet Services, which does not include the use of Static IP Addresses (such as Dial-up Internet Access or DSL Internet Access with a modem), You are prohibited from using automated operations and / or server applications requiring connectivity. Convergia Canada considers such actions abuse of Internet Services and as such Your account will be subject to disconnection or termination of Internet Service without notice.
6.d You agree to only make use of Convergia system resources while logged in. The sole exceptions to this policy are e-mail filters, which process and sort mail as it arrives.
7. Email Use
7.a Convergia will investigate complaints regarding e-mail and may take action as set out in the Policy, if, in its sole discretion, an e-mail message is found to be in violation of this Policy or applicable laws
7.b You acknowledge and agree that in an effort to protect customers against spam e-mail, Convergia limits email sent in a single email to a maximum of 100 recipients.
7.c You agree not send e-mail to any user who does not wish to receive it, either to an account holder in Convergia’ Network or otherwise. You agree to refrain from sending further e-mail to a user after receiving a request to stop.
7.d You agree to send advertising Material only to addresses that have specifically requested such Material. You are prohibited from sending unsolicited advertising mailings, whether commercial or informational in nature. Convergia will not forward mail of accounts terminated for bulk mailing or unsolicited advertising.
7.e You agree not to send chain letters. Chain letters are unsolicited by definition and may not be propagated by using Convergia Services.
7.f You agree not send, propagate, or reply to mail bombs. Mail bombing is defined as either emailing copies of a single message to many account holders, or sending large or multiple files or messages to a single user with malicious intent.
7.g You agree not alter the headers of email messages to conceal their email address or to prevent account holders or other email users from responding to messages.
7.h Violations of any of the Convergia policies outlined in this document may result in massive numbers of e-mail responses. If a Convergia account holder receives a large volume of email which results in affecting Convergia’ resources , Convergia staff may shut down the account holder’s mailbox.
7.i You agree to pay a $1.00 clean-up fee for each and every individual bulk unsolicited commercial email sent via account holder’s account. This clean-up fee also includes any and all pornographic and adult related mass emailing. If this charge goes unpaid, it will be put into collections within 30 days. Convergia reserves the right to take legal action at any time in order to claim the payment from the account holder.
7.j Convergia reserves the right to publish an account holder’s account information to the maximum extent allowed by law, to a publicly accessible list/location if the account violates this Policy, which will allow other Internet Service Providers to identify all account holders that abuse Internet privileges.
7.k In an effort to protect customers against spam e-mail, Convergia may use computerized filters and may flag and or delete some messages identified as spam prior to the message reaching Your Inbox. You also acknowledge and agree that any messages deleted this way cannot be retrieved.
7.l In an effort to protect customers against email-borne viruses, Convergia may use computerized filters and will automatically and without warning delete any message which contains a virus. You also acknowledge and agree that any messages deleted in this way cannot be retrieved.
7.m You understand that we may disclose the contents of spam email messages to third parties for use in identifying, blocking and filtering further unsolicited email.
7.n Despite our efforts to protect customers again spam e-mail and e-mail borne viruses, Convergia does not guarantee the effectiveness of any filters to protect you from all spam and does not guarantee the effectiveness of any filters to protect customers from viruses.
7.o You agree to waive any claims against Convergia in connection with the anti-spam and anti-virus service. Without limiting the generality of the foregoing, claims include any claims based upon the deletion, misdirection or delay of your email and loss of, damage to, your records or data.
8. Transfer Rate
8.a Account Holder’s accounts which are generating transfers that surpass the limit or which consume an excessive percentage of Convergia’ FTP resources, will receive a warning from Convergia. Continued excessive use of Convergia’ FTP resources may result in suspension or termination of the account.
9. Policy Violations and Enforcement
9.a If an account holder is found to be in violation of this Policy the account holder will be issued a warning (via email, or phone). After a second violation, the user’s account will be locked and/or terminated permanently.
9.b Convergia reserves the right to terminate any account that is found to be in violation of this Agreement. These violations include but are not limited to bulk email, UCE, spamming, or bulk Usenet postings.