What information do we collect?
We collect the information you provide when you sign up for Redbird services through our website, over the phone, or through a form. When ordering or registering on our website, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, or credit card information. You may, however, visit our website anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions
- To send periodic emails
You information, whether public or private, will not be sold, exchanged, transferred or given to any other company for any reason whatsoever without your consent, other than for the express purpose of delivering the purchased product or service requested.
The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, reply with the word “unsubscribe”.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information. We offer the use of a secure server. All supplied sensitive or financial information is transmitted via Secure Socket Layer technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your credit card or banking information may be stored on our servers for the purpose of customer authorized automatic payments (PAD or PACC).
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Terms of Service
In these Terms, “Redbird”, “us”, “we” and “our” means Redbird Communications Inc. or an affiliate thereof named in the Service Agreement for the specific services you subscribe for.
You, as accountholder are responsible for complying with the Agreement, including being responsible for (i) all charges on your account, (ii) ensuring that anyone who uses Services under your account or with your authorization complies with this Agreement, (iii) ensuring that others do not gain unauthorized access to your account and your Services, and (iv) ensuring that any information you have provided to us is up-to-date and accurate. You will need our prior permission if you want to assign or transfer this Agreement. We may assign or transfer this Agreement or any of our rights or responsibilities under this Agreement without your permission.
Start and End Date
The Initial Term of the Service commences on the Start Date and continues until the End Date, both defined in the Service Agreement. At the end of the Initial Term, you will keep your existing Services and Agreement with us on a month-to-month basis at the then Redbird current market price until such time as they are changed or cancelled in accordance with the provisions of this Agreement.
Early Cancellation Fee During Initial Term
If you cancel the Services during the Initial Term, a fee of $20 per month plus applicable taxes will be applied for each month remaining in the Initial Term (the “Early Cancellation Fee”). Outstanding Internet service and other charges will become due at the time of cancellation.
Month-to-Month Cancellation Policy
Redbird does not apply a cancellation fee to subscribers on a month-to-month contract.
You may cancel this Agreement at any time prior to the date which is 15 days after the Start Date without incurring an Early Cancellation Fee. You do not need a reason to cancel. To cancel, you must give notice of cancellation by emailing us at or by calling 306-979-6733.
Redbird provides a Fibre-Optic Internet router to all subscribers of our Fibre-Optic Internet service. Redbird does not allow the use of private routers by subscribers. All Equipment provided by Redbird shall remain the property of Redbird, must not be altered or tampered with, and must be returned to Redbird within 12 days of service termination or early cancellation of this Agreement. In respect of such Equipment, you must take reasonable care of it, not sell, encumber or re-locate it. If our Equipment is lost, damaged, stolen, sold, leased, encumbered, assigned or not returned, you hereby authorize Redbird to charge you for replacement and/or repair of the Equipment.
If you move from the original service installation address to another location serviced by Redbird, no Early Cancellation Fee will apply if you maintain Service for the balance of the Initial Term. If you choose not to continue with the Service after your move to a new location, or the address is not serviced by Redbird, then the Early Cancellation Fee will apply.
We may restrict, suspend, block, disconnect or cancel any or all of your Services, Equipment, accounts or identifiers in any way without notice or liability to you if:
- You are in breach of this Agreement, or any other agreement between you and Redbird, including any non-payment;
- You exceed any applicable credit limit;
- You have given us false, misleading or outdated information;
We reasonably suspect or determine that any of your account identifiers, Services or Equipment is the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or customers, or the use of our services, facilities or networks or those of third parties with whom we have agreements;
We reasonably believe there is an emergency or extreme circumstance that would warrant that action; or
If you are in breach of the terms of any of our policies that apply to the Service.
If any such event occurs, we may decide to cancel this Agreement after notice to you and bill you immediately for all outstanding charges. In the event of cancellation, you are responsible for any costs and expenses incurred by us as a result of the event of default. Such costs and expenses (including without limitation, legal costs on a solicitor and client basis) are payable immediately upon receipt by you of an invoice from us. In the event of cancellation, you shall pay to us the Early Cancellation Fees described above. Cancellation of this Agreement shall not relieve you from your obligations otherwise contained herein.
Our Rights to Cancel and/or Change
We may cancel any or all of your Services or accounts and this Agreement, in whole or in part, as long as we give you at least 30 days prior written notice. Applicable charges will continue until the cancellation date.
We may change any aspect of the Services and the applicable provisions of this Agreement (other than a key term as defined in the Canadian-Radio-television and Telecommunications Commission’s (CRTC) Internet Code) upon at least 30 days prior written notice to you.
Billing and Methods of Payment
You will be billed monthly in advance for your selected Service and the charges will appear on your monthly bill from Redbird. Your payment is due on the date specified on your bill. If your Redbird bill is not paid by the due date, a late payment charge of 3% per month applies. This late payment charge will accrue on a daily basis and will be calculated and compounded monthly on the outstanding amount (42.58% per year) from the date of the first bill on which it appears until the date we receive that amount in full.
Redbird accepts credit card, debit card and personal checks for bill payment. You may sign up for the Pre-Authorized Payment (PAP) Plan through our On-Line Billing Portal.
If you have signed up for the Pre-Authorized Payment (PAP) plan for your Service and a payment is missed for any reason, your Service will be suspended. If your Service is suspended, there are payment reversal fees, a $35 service reconnection fee, and other charges that apply, including your obligation to pay for the Service you have used. Your account will be terminated 10 days after your Service is suspended if full payment is not provided. If your account is terminated, early cancellation fees and other charges will also apply.
Pre-Authorized Payment – If you have chosen Pre-Authorized Payments, your entire monthly bill will be paid automatically from your bank account approximately ten days after your billing date.
If your cheque fails to clear and is returned as Non-Sufficient Funds (NSF) from your financial institution, your Service will be suspended. If your Service is suspended, there are a $50 NSF fee, a $35 service reconnection fee, and other charges that apply, including your obligation to pay for the Service you have used. Your account will be terminated 10 days after your Service is suspended if full payment is not provided. If your account is terminated, early cancellation fees and other charges will also apply.
Redbird does not require a deposit from you to initiate service. Just choose your plan and we will bill you in terms of thirty days’ net.
Any discrepancies or questions regarding charges must be reported to us within 90 days of the date of the applicable bill. Failure to notify us within this time period means that you have accepted those charges. If any of those discrepancies resulted in unauthorized or incorrect charges on your account, then we will reverse those charges within 30 days of receiving notice from you.
Use of Services
We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services or the Equipment. We may also access or preserve content or information to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with this Agreement or protect ourselves, our customers or the public. The Services and any software or content (collectively, the “Deliverables”) that you receive or purchase from us is for your own personal, lawful, non-commercial use. You agree that you will only use the Deliverables in accordance with the terms of this Agreement and any applicable licence agreement. Without limiting the foregoing, you may not (i) copy, distribute, transfer or sell any of the Deliverables, (ii) modify, alter or tamper with any of the Deliverables, (iii) reverse engineer, decompile or disassemble any of the software, (iv) attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms.
The Deliverables remain our property. Except for the limited rights explicitly granted to you, all right, title, interest and intellectual property rights in and to the Deliverables are retained by their respective owners and are protected by applicable trademark, copyright and/or other intellectual property laws and treaties. You must take reasonable steps to protect the Deliverables from theft, loss or damage.
Warranties and Limitation of Liability
The Services that we provide may be impacted by factors beyond our reasonable control. For this reason, you acknowledge and agree that the Services or access to the Services may not function correctly or at all in the following circumstances: (i) if your Equipment fails, is not configured correctly or does not meet our requirements, (ii) if you install certain third party applications on your Equipment, (iii) in the event of a network outage or power failure, (iv) if you tamper with or in some cases move the Equipment, or (v) following suspension or cancellation of your Services or account.
To the maximum extent permitted by applicable law:
Redbird, its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively, the “Redbird Parties”) do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operating of the Services , the Equipment or any products, content, applications, software, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
- You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Offering;
- The Redbird Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering;
- All representations, warranties and conditions of any kind, express or implied, are excluded;
- No advice or information, whether oral or written, that you obtain from the Redbird Parties creates any term, condition, representation or warranty not expressly stated in this Agreement.
Unless otherwise specifically set out in this Agreement, to the maximum extent permitted by applicable law, the Redbird Parties will not be liable to you or to any third party for any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security, property damage, personal injury, death, or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from or relating to the Offering or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages.
These limits are in addition to any other limits on the Redbird Parties liability set out elsewhere in this Agreement and apply to any act or omission of the Redbird Parties, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.
You will indemnify and hold harmless the Redbird Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the Redbird Parties relating to your violation, alleged violation or misappropriation of any provision of this Agreement and any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.
To the extent permitted by applicable law, at our option, any claim or dispute, whether in contract or tort, under statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts: (i) this Agreement; (ii) the Services or Equipment, (iii) oral or written statements, advertisements or promotions relating to this Agreement, the Services or Equipment, or (iv) the relationships that result from this Agreement. Where applicable, arbitration will be conducted in the Province of Saskatchewan, on a simplified and expedited basis by one arbitrator under the current laws and rules relating to commercial arbitration in the province of Saskatchewan on the date of the notice.
If any portion of this Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of this Agreement does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of this Agreement.
This Agreement is governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein.
Acceptable Use Policy
When using the services (the “Services“), equipment, facilities or networks of Redbird Communications Inc. or its affiliated companies (“Redbird”, “us”, “we”, “our” or the “Supplier”) and any products, content, applications or services in conjunction with the Services or equipment, you (sometimes referred to as the “Customer”) must comply with all applicable laws, and our policies, rules and limits including this Acceptable Use Policy (the “AUP”). This AUP supplements and is incorporated into the Redbird Terms of Service (the “Terms”) and any Service Agreement entered into between you and Redbird (the “Services Agreement”), which accompanies this AUP. It is also available at www.redbirdfibre.ca/terms. Unless otherwise defined in this AUP, defined terms have the meanings given to them in the Terms and/or the Service Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND THIS AUP, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY REDBIRD THAT YOU ARE TERMINATING THE SERVICES.
We reserve the right to amend this AUP at any time and such amendments will be published on the website noted above or otherwise electronically transmitted to you before such amendments become effective. You are responsible for regularly reviewing this website to obtain timely notice of such amendments.
Terms used and not defined herein shall have the meanings given thereto elsewhere in a Service Agreement and the Terms. Unless otherwise expressly defined in a Service Agreement or the Terms, words having well known technical or trade meanings within the telecommunications industry shall be so construed.
For purposes of this AUP, “content” refers to all forms of communications including, without limitation, text, graphics (including photographs, illustrations, images, drawings, logos), executable programs, audiovisual recordings, and audio recordings.
“User-Generated Content Services” or “UGC Services” refers to any services that allow an end user to post, upload or generate content online to be shared with a limited or unlimited number of recipients and may include, without limitation: newsgroups, online forums, message boards, chat programs, wiki’s, photo sharing services, customer review sites, video sharing services, blogs and web hosting.
You acknowledge and accept that some content, products and services available with or through the Services may be offensive or may not comply with applicable laws. Further, you acknowledge and accept that neither the Supplier nor its suppliers attempt to censor or monitor any content. You acknowledge and agree that neither the Supplier nor its suppliers have any obligation to monitor the Customer’s use of the Services and have no control over such use. You assume total responsibility and risk for access to and use of Content and for use of the Services. The
Supplier and its suppliers assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of content by the Customer.
We do, however, reserve the right to move, remove or refuse to post any content, in whole or in part, that we, in our sole discretion, decide are unacceptable, undesirable or in violation of the Terms or this AUP. This includes, without limitation, any content or statements that constitute unacceptable use of Services as otherwise set out below.
User-Generated Content Services
Any User-Generated Content Services accessed through the Services must be used in accordance with the following:
(i) you must comply with this AUP and the UGC Service’s written charter, policies or FAQs, including adherence to daily volume, file, size and format restrictions, and you may only post advertisements, solicitations, or other commercial messages in the UGC Service if that service’s charter, policies or FAQs explicitly permit them;
(ii) we have no obligation to monitor the content of any UGC Service and we are not liable for any claims, losses, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses arising out of or relating to the content of any such service;
(iii) you must not use the UGC Service to perform “flooding”, which refers to deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text or other content;
(iv) any computer or other device connected through the Services may not maintain more than two simultaneous chat connections including, without limitation, the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the account holder is not physically present at the device;
(v) you must not use the Services to send messages that disrupt another user’s equipment, software, hardware or user display; and
(vi) you must not forge, alter or obscure your identity (other than using a nickname) while participating in the UGC Service.
Unacceptable Use of Services
You shall not and shall not allow anyone to:
(i) use the Services to invade another person’s privacy or collect or store personal data about others; appropriate another’s personality; unlawfully promote or incite hatred; unlawfully use, possess, post, transmit or disseminate obscene, profane, hate, terrorist or child pornographic material;
(ii) post, transmit, distribute, disseminate, upload or download content which is unlawful, threatening, harassing, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order, rule or regulation;
(iii) use the Services to access any computer systems, software, data or any confidential, copyright protected or patent protected material or personal information of any other person without the knowledge and consent of such person, make unauthorized
attempts to gain access to any account or computer resource not belonging to the Customer (engage in “hacking”, “spoofing”, “phishing”, “carding” or “pharming”) or otherwise gain unauthorized access to, alter or destroy any information of another person by any means or device;
(iv) use the Services to upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material which is confidential, protected by copyright or other intellectual, property, contractual or proprietary right, or related derivative works, without obtaining permission of the copyright owner or right holder;
(v) disrupt the Supplier’s network, or the nodes or services thereof, or, directly or indirectly, use the Services to restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the use of the products or services of the Supplier or the Internet, including, without limitation, knowingly posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, cancelbot, Trojan horse or other harmful, debilitating or disruptive feature or engage in unauthorized linking or framing (“denial of service attack”);
(vi) send unsolicited e-mail (engage in “spamming”), send large quantities of unwanted or unsolicited e-mail messages (engage in “mail bombing”) or VoIP messages (engage in “voicecasting”), attempt to overload a system (engage in “flooding”), participate in broadcast attacks, interfere howsoever with service to or by any user, host or network engage in counterfeit, subterfuge or malicious activities (including “splogging”), make inappropriate postings to news groups, send false commercial messages or engage in any other abuse of e-mail or news group servers or otherwise interfere howsoever with the provision by the Supplier of any of its services to any other of its customers;
(vii) obtain or attempt to obtain products or services from the Supplier or anyone else by any means or device with intent to avoid payment therefor or to participate in any illegal soliciting or gaming scheme;
(viii) use the Services for anything other than your own personal purposes (such as reselling the Services, providing Internet access or any other feature of the Services to any third party) or share or transfer your Services without our express consent, sell, resell or make, directly or indirectly howsoever, any of the products or services received from the Supplier available to any third party, use, reproduce, distribute, sell, resell or otherwise exploit the Services or content we provide or which you obtain through the Services for any commercial purposes. The Customer shall not permit any third party to gain access to the termination equipment of the Supplier. The Customer shall not permit any third party to gain access to the termination equipment of the Customer for the purpose of obtaining access to the Supplier’s network for the purpose of obtaining any of the products or services of the Supplier, whether directly or indirectly;
(ix) engage in any activities that deny, disrupt or misdirect service to or use of service by any customer or end-user of the Supplier;
(x) engage in account sharing, including, without limiting the generality of the foregoing, permitting third parties to use your service account or password;
(xi) use the Services for simultaneous sessions using the same User ID or password;
(xii) forge any part of an IP packet header (including forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Services), participate in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature. You assume all risks regarding the determination of whether material is in the public domain;
(xiii) access the Internet via the Services using Internet Protocol (IP) addresses other than the IP address(es) assigned to you by us
(xiv) violate any system or network security measures including engaging in unauthorized access or use of the Supplier’s or a third party’s network, data or information;
(xv) use another site’s mail server to relay mail; operate a server in connection with the Services, including, without limitation, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;
(xvi) use, intend or attempt to use or allow the use of any of the Services to appropriate the identity of anyone (engage in “identity theft”);
(xvii) use, intend or attempt to use, or allow the use of the Services contrary to any municipal, provincial, federal or international law, order, rule or regulation;
(xviii) use any of the Services contrary to the decisions, orders, policies or other requirements of the Canadian Radio-television and Telecommunication Commission or of any other regulatory body with jurisdiction over the Services, the Supplier or the Customer;
(xix) copy, distribute, sub-license or otherwise make available any software or content we provide or make available to you or which you obtain through the Services, except as authorized by us;
(xx) alter, reproduce, or tamper with the Services or any function, component or identifier of your Equipment, such as the Electronic Serial Number (ESN) or the International Mobile Equipment Identity (IMEI) that is not meant to be altered, reproduced or tampered with;
(xxi) port scan a person’s computer or wireless device without that person’s consent, or use any tools designed to facilitate these scans; or
(xxii) engage in any activity which the Supplier advises the Customer is, in the sole and unfettered discretion of the Supplier, similar to any of the foregoing or is reasonably and generally regarded in the industry to be an unacceptable use of telecommunications services or is otherwise unacceptable use of the Services.
Violation of this AUP
We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than voice Services) or the Equipment; and to access or preserve content or information in accordance with the Terms. We prefer to advise subscribers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way that we, in our sole discretion, believe violates this AUP, we may take any responsive actions we deem appropriate. Such actions may include, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate suspension or termination of all or any portion of the Services or your account. We will have no liability for any such responsive actions. The above–described actions are not exclusive remedies and we may take any other legal or technical action deemed appropriate. Upon termination of an account, we are authorized to delete any files, programs, data and e-mail messages associated with such account. The failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This AUP shall be exclusively governed by, and construed in accordance with the governing law provision set out in the Terms.
As noted above, you are responsible for any misuse of the Services, by you or by any other person with access to the Services through your Equipment or your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services through any means, including, without limitation, wireless networking and wired networking. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. You agree to treat as confidential all access codes, personal identification numbers and/or other passwords that we may provide to you for use with the Services.
The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s equipment, software or data, without the knowledge and consent of such person. Additionally, the Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, 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, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software that contains a virus or other harmful feature is also prohibited.
As noted above, the Services may not be used to send unsolicited, bulk or commercial messages or for any other unsolicited communications. This includes, without limitation, using automatic dialing and announcing devices to or otherwise make unsolicited voice or facsimile calls and bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages.
Such communications may only be directed to those who have explicitly requested it. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited e-mail messages sent from accounts on other Internet hosts or e-mail services that violate this AUP or the acceptable use policy of any other Internet service provider. Additionally, unsolicited e-mail messages may not direct the recipient to any web site or other resource that uses the Services. Forging, altering or removing e-mail headers is prohibited. “Mail bombing” is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. Redbird is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily, at our sole discretion.
We reserve the right to manage our networks (or third–party networks for which we have roaming or network sharing agreements) in order to optimize their efficiency for the benefit of our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, and protocol filtering. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers.
Usage, Data Storage and Other Limitations
You must comply with the then current usage, data storage and other limitations on your applicable Services. You must also ensure that your activity does not improperly restrict, inhibit, or degrade any other subscriber’s use of the Services, nor represent (in our sole judgment) an unusually large burden on our networks or third–party networks for which we have roaming or network sharing agreements. In addition, you must ensure that your activity does not improperly restrict, inhibit, disrupt, degrade or impede our ability to deliver the Services, and monitor and investigate the Services, backbone, network nodes, and/or other network services or components. You may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without our prior written consent. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed. The Services are consumer products designed for personal purposes. For example, the Services do not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the Services. You may not provide network services to others via the Services. In addition, you are prohibited from running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums. Your use of the Services may be subject to a usage limit, as set out in your Agreement. If you exceed that limit, you may be subject to additional usage charges.