Introduction

Fifth Gear Hosting Consumer and Small Business Internet Services (for the purposes of this document referred to as "Fifth Gear Hosting") is committed to being the best possible network citizen. To assist us in protecting the usefulness and enjoyment of the Internet for our members and for other users, we require that you comply with the terms of this document, which outlines our policies on acceptable use of our services.

When using your Fifth Gear Hosting Internet access service or any chat rooms, message boards, news groups, software libraries, personal web pages or any other message or communication services that may be available to you on or through Fifth Gear Hosting Internet systems (collectively, the "Communication Services"), you are prohibited from engaging in certain activities which include, but are not limited to, those described below. Such prohibited activities may, at the sole discretion of Fifth Gear Hosting, be grounds for termination of any Communication Services (including your Fifth Gear Hosting Internet access service), for the application of additional service charges, or for the involvement of law enforcement agencies.

The terms of this Policy may change at any time and without prior warning. You are responsible for informing yourself of the changes to this document by consulting this web page frequently

Criminal Offences

While using the Communication Services, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity constitutes a criminal offence or from otherwise engaging in or assisting others to engage in any criminal offence including, but not limited to, those offences listed below:

* Communicating hatred
* Pyramid selling
* Unauthorized use of a computer
* Mischief in relation to data
* Fraud
* Obscenity
* Child pornography

Civil Offences and Violations of the Rights of Others

While using the Communication Services, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity gives rise to civil liability or from otherwise violating the rights or assisting others to violate the rights of Fifth Gear Hosting or any third party, including, but not limited to, the violations listed below:

* Copyright infringement
* Trademark infringement
* Defamation

Other

While using the Communication Services, you are prohibited from engaging in or assisting others to engage in any activity that:

(1) violates established or accepted network etiquette
(2) violates applicable charters, FAQS, policies, rules or guidelines of Fifth Gear Hosting or other parties
(3) disrupts or threatens the integrity, operation or security of any Communication Service or any computer or Internet system
(4) elicits complaints from other Internet users
(5) is contrary to any law or regulation, or
(6) in the sole judgment of Fifth Gear Hosting, is otherwise objectionable
(7) involves use of Fifth Gear Hosting's trade-marks, trade names or logos, including without limitation any such trade-marks, logos or service marks displayed on any web site(s) operated by Fifth Gear Hosting, without Fifth Gear Hosting's express prior written permission
(8) involves sharing, reselling, reproducing, copying, distributing, redistributing, or exploiting for any commercial purposes, any portion of, use of or access to, the Fifth Gear Hosting Internet Services, except where expressly authorized by Fifth Gear Hosting.

Examples of such prohibited activity include, but are not limited to:

* Posting, uploading, reproducing, distributing or otherwise transmitting unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters, or other "spam"
* Engaging in threats, harassment, intimidation, stalking or abuse of others
* Scanning another computer system
* Probing another computer system
* Obstructing or bypassing computer identification procedures
* Engaging in unauthorized computer or network trespass
* Exporting equipment, software, or data outside of Canada or the U.S. in contravention of applicable export control legislation