Compton Communications - Digital TV and Internet

Text of current residential agreement available HERE.

IMPORTANT NOTE: Compton Cable T.V. Limited reserves the right to revise the Residential PowerGATE Internet Service Agreement and Acceptable Use Policy (below) at any time, effective upon posting of the new or revised version on the Compton website at http://www.compton.net. Questions regarding this Agreement or Acceptable Use Policy can be directed to customerservice@compton.net .

By using PowerGATE Internet Service, you will be deemed to have agreed to be bound by the terms and conditions of the Residential Agreement and of Compton ’s Acceptable Use Policy. If you do not agree with the terms and conditions of the Agreement and of the Acceptable Use Policy, you must immediately stop using PowerGATE Internet Service and notify Compton customer support that you are terminating this agreement.

Prohibited Uses of the Services

The Customer shall not use the Equipment or Services to, directly or indirectly:

· invade another person’s privacy; unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate content which is unlawful, threatening, abusive, libellous, slanderous, defamatory or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute offence, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;

· operate any server, including but not limited to, HTTP (Web), FTP, DHCP, IRC or mail server;

· access any computer, software, data or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person;

· upload, post, transmit, reproduce, or distribute in any way, information, software or other material obtained through Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;

· copy, distribute, or sublicense any software provided by Compton, except that the Customer may make one copy of each software program for backup or archival purposes only;

· alter, modify or tamper with the Equipment or Service;

· restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the Equipment, the service or the Internet, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, trojan horse or other harmful or deliberate feature; or generating levels of traffic sufficient to impede others ability to send or receive information;

· disrupt Compton’s backbone network nodes or network services;

· resell POWERGATE^TM or the services. POWERGATE^TM and the Services are for personal use only and Customer agrees not to use POWERGATE^TM for operation of an Internet Service Provider’s business or for any other business enterprise in competition with POWERGATE^TM; and

· share the Services with any other person who is not a member of the same household, via wired or wireless connection.

Electronic Mail/Newsgroup/Internet Relay Chat

The Services may not be used to indiscriminately send unsolicited, unwanted, irrelevant, or inappropriate messages, especially commercial advertising in mass quantity (Spam).

Other prohibited electronic main/newsgroup activities include, but are not limited to:

· Using any Compton account or server to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail;

· Using any Compton account or server to post advertisements or messages that violate the charter of any newsgroup or mailing list;

· Cross-posting five or more messages across newsgroups, forums, e-mail mailing lists or other similar groups or lists;

· Sending messages which disrupt another Internet user’s equipment – including software, hardware, and user display, or hindering other users in their access to, and use of, the Services; and,

· Forging, altering or removing electronic mail headers.

Compton reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases Compton will defer to the judgment of the newsgroup or mailing list moderator or administrator.

Prohibited Internet Relay Chat activities include, but are not limited to:

· Spoofing, forging or using another user’s identity or network address while participating in chat sessions;

· Performing any “flooding” activities. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text; and,

· Using an IRC robot contrary to server policies.

When logged onto any IRC server, users are expected to comply with the rules and policies established by the server's administrator.

IP Addresses

Any IP address assigned by Compton is the property of Compton at all times. Compton’s customers are issued dynamically assigned IP addresses that can change at any time at Compton’s discretion without any notice. Compton assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP addressing.

Personal Web Pages

The Customer may create personal pages on Compton’s World Wide Web server (the “Site”) on which the Customer can conceive, design, create, maintain, and publish texts, diagrams, illustrations, audio clips and related materials (the “Content”) on the Site for access by global audience. It is the responsibility of the Customer to regulate and control Content. If Compton notes any prohibited content on the Site, Compton may, in its discretion and in addition to such other actions as Compton may determine to be appropriate in the circumstances, either: (i) issue a warning to the Customer; (ii) suspend access to some or all of the Services; or (iii) terminate this Agreement. The Customer acknowledges and agrees that while Compton has no obligation to evaluate any Content or ensure the appropriate or legality of any Content, Compton has absolute authority and discretion to suspend or delete a Customer’s home page without notice or consent.

The Customer represents, warrants and covenants that the Content on the Site is suitable for publication on the Customer’s home page, is not libelous or defamatory, does not breach the intellectual property rights (including, without limitation, copyright) of any third party, and complies with all laws, regulations, court orders and other legal requirements.

Bandwidth Limitations

Customers shall comply with the bandwidth, data storage and other limitations associated with their Services plan, as amended from time to time by Compton at its sole discretion.

Current bandwidth limitations are as follows:

· Ultra-Lite/Lite/Residential/Plus Service: Unlimited download and upload per month. (Note: Compton reserves the right to maintain the integrity of its network, which can be affected by heavy users. Compton defines heavy users as those using more than a combined 150 GB per month. Compton prefers to work with users to address heavy bandwidth use but reserves the right to limit or terminate access as required.)

Violation of Acceptable Use Policy

Compton has no obligation to monitor POWERGATE^TM content. However, the Customer acknowledges and agrees that Compton has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate POWERGATE^TM properly, or to protect itself or its subscribers. Compton reserves the right to refuse to post or to remove any information or materials, or to block or filter any network traffic, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

Compton prefers to advise Customers of inappropriate behaviour and any necessary corrective action. However, nothing contained in this Agreement shall be construed to limit Compton actions or remedies in any way with respect to any breach of the Acceptable Use Policy, and Compton reserves at all times all rights and remedies available to it with respect to such activities at law or in equity. Compton , 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 Acceptable Use Policy may also subject the Customer to criminal or civil liability.

Please send reports of any activity in violation of this Policy to abuse@powergate.ca. Where applicable, please attach a copy of the offending email message with the full header. Please also include any other information that can be used to identify the parties involved and the extent of the offence.