AC Host Canada is a division of jrcsNET.

From time to time jrcsNET may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.jrcsNET.ca/support/dedicated-aup.php. The AUPs are not exhaustive and jrcsNET reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.jrcsNET.ca/support/dedidated-aup.php or notification of the modified AUPs. In addition, you must agree to the AUP set forth by our datacenter provider Assertive Technologies Inc. (Assertive) which are located at http://www.bchosting.com/aup/aup-general.php. In case of a policy being defined in both, you should assume that the policy set forth by jrcsNET supercedes the other. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action, as jrcsNET deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits are issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM JRCSNET. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS JRCSNET's POLICY TO TERMINATE REPEAT INFRINGERS. JRCSNET RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $250 USD per hour. Enquiries regarding security matters may be directed to our Support desk support@achost.ca.

System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. jrcsNET may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

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 express authorization of the owner of the system or network.

Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by jrcsNET. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per hour. Enquiries regarding security matters may be directed to our Support Desk at support@achost.ca. jrcsNET is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, jrcsNET urges its customers to assume that all of their online communications are insecure. jrcsNET cannot take responsibility for the security of information transmitted over jrcsNET's facilities.

Password Protection
The customer is responsible for protecting their password(s). The customer will not use or permit anyone to use jrcsNET's service to guess passwords by brute-force or other means or to access other systems or networks without authorization. jrcsNET will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which jrcsNET may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, and torturous, indecently depicts children, or is likely to result in retaliation against jrcsNET by offended users. jrcsNET reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC, USENET, instant messengers or any other medium.

Copyright Infringement - Software Piracy Policy
The jrcsNET network may be used only for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Canadian, United States, provincial or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law.

In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to:

Abuse Department
C/O AC Host Canada
1 Glenpatrick Crescent
Cochrane, Alberta, Canada
T4C 1G2

Alternatively, email abuse@achost.ca.

jrcsNET will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility
Customers have a responsibility to use the jrcsNET network responsibly. This includes respecting the other customers of jrcsNET. jrcsNET reserves the right to suspend and or cancel service with any customer who uses the jrcsNET network in such a way that adversely affects other jrcsNET customers. This includes but is not limited to:

Attacking or attempting to gain unauthorized access to servers and services that belong to jrcsNET or its customers (i.e. computer hacking), and/or

Participating in behavior which results in reprisals that adversely affects the jrcsNET network or other customers' access to the jrcsNET network.

jrcsNET will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by an jrcsNET customer, whether or not the attacked account or computer belongs to jrcsNET, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of jrcsNET is strictly prohibited.

Violations of this policy, depending on jurisdiction, may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm and/or the Royal Canadian Mounted Police. jrcsNET will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Security Responsibility
All customers are responsible for maintaining and upgrading any software that is deemed unfit or unsafe by jrcsNET's Network Security Team. Notification will be made to any customer running exploitable/vulnerable software by the jrcsNET Support Department or or Assertive's Network Security Team. This includes but it not limited to your operating system, patches, services, libraries, etc.

If you receive an email jrcsNET's Support Department or Assertive's Network Security Team, containing [URGENT] in the subject line, you must complete upgrades stated in the email body in 24 hours or less or your account may be suspended until the problem is rectified.

If you receive Email from jrcsNET's Support Department or Assertive's Network Security Team, containing [REQUIRED] in the subject line, you must complete upgrades in 72 hours or less or your account may be suspended until the problem is rectified.

If you receive Email from jrcsNET's Support Department or Assertive's Network Security Team, containing [RECOMMENDED] in the subject line, we highly recommend this upgrade but it is not mandatory.

One vulnerable server is inherently dangerous to the entire network. If a server is being used in a DDoS (distributed denial of service attack), it can affect all customers on a network. For this reason we take security very seriously.

Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any jrcsNET service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of jrcsNET services or products is prohibited. Using the jrcsNET network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be distributed legally, even without the act of distribution, is prohibited.

Servers hosted within jrcsNET's network are open to the public. You are solely responsible for your usage of the jrcsNET network and servers, all traffic going in and out of your switch port, and any statement you make on servers hosted within the jrcsNET network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Child Pornography on the Internet
jrcsNET will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography or any other suitable act in terms of jurisdiction. Customers are ultimately responsible for the actions of their clients over the jrcsNET network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act will be reported to the U.S. Customs Agency at 1-800-BEALERT and any other relevant agencies with jurisdiction.

IRC
jrcsNET permits the use of IRC (Internet Relay Chat) clients inside the jrcsNET network as long as no other terms of this AUP are violated. jrcsNET reserves the right to prohibit IRCDs (IRC servers). We filter all common IRCD ports by default. Written permission must be gained from jrcsNET to run an IRCD.

Billing
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension
If jrcsNET in its sole discretion determines that a customer's server has become the source or target of any violation concerning the jrcsNET Acceptable Use Policy (AUP), jrcsNET reserves the right to suspend network access to that server. While jrcsNET will attempt to contact the customer prior to suspending network access to the customer's server(s), prior notification to the customer is not assured. In certain cases, jrcsNET will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers before, during and after the suspension period.

Cancellation
jrcsNET reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by jrcsNET if jrcsNET institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer (i.e. transfer, space, etc.).

Indemnification
jrcsNET wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies jrcsNET for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to jrcsNET or the bringing of any claim against jrcsNET by any third-party. This means that if jrcsNET is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against jrcsNET, plus costs and reasonable attorney's fees.

Disclaimer of Responsibility
jrcsNET is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. jrcsNET disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All Sub-Networks, resellers and managed servers of jrcsNET must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.