Acceptable Use And Internet Resources Policy

To assist Yak in protecting the usefulness and enjoyment of the Internet for its users, we require that our customers comply with the terms of this Acceptable Use and Internet Resources Policy (the "Policy"), which outlines our policies on acceptable use of our services.

When using Yak Internet Access Services, Yak's website, Yak’s message boards or forums, or any other communication services that may be made available to you by Yak involving the Internet or potentially impacting others' enjoyment of the Internet (collectively, the "Internet Services"), you are prohibited from engaging in certain activities which include, but are not limited to, those described in this Policy.

If you engage in any of the prohibited activities described below it may, at the sole discretion of Yak and without notice to you, result in the immediate (1) restriction, suspension or termination of your use of the Internet Services, without compensation, (2) blocking or filtering of content, data or materials accessed by you through Yak's Internet Services, or (3) involvement of law enforcement agencies. Such activities may also result in civil or criminal liability. The foregoing applies notwithstanding any language or term to the contrary contained in any agreement that you may have with Yak.

You are responsible for the use of the Internet Services by yourself or any third party who directly or indirectly utilizes the Internet Services provided by Yak to you, whether or not such use has been authorized by you.

Customer Conduct, Use of Internet Services and Prohibited Activities

All information, text, data, photographs, videos, audio, messages, calendars, graphics, images and any other material that you upload, transmit or post using the Internet Services provided by Yak, are entirely your responsibility and Yak is not responsible for such content. Yak will not be liable under any circumstances for any damage of any kind caused as a result of the content used by its customers. Please note that YOU ARE PROHIBITED from uploading, transmitting or posting information or materials where such activity:

• constitutes a criminal offence or engaging in or assisting others to engage in any criminal offence;
• gives rise to civil liability or from otherwise violating the rights, including infringing copyright and intellectual property rights, or assisting other to violate the rights of Yak or any third party;
• disrupts or threatens the integrity, operation or security of the Internet Services, computer or Internet system;
• elicits complaints from other Internet users or service providers;
• violates the provisions of any laws, regulations or policies; and
• is reasonably considered to be objectionable.

You agree to use the services provided by Yak only to upload, transmit or post materials that have proper content. Below are some examples (these examples are not to be used as a limitation) that you agree not to use the Internet Services for/to:

• Pyramid schemes or selling, spamming or junk emails, contests or surveys.
• Any fraudulent activity.
• Upload, transmit or post any content that is unlawful, abusive, threatening, harassing, harmful, vulgar, obscene, tortuous, defamatory, hateful, invasive of other’s privacy, ethnically, racially or otherwise objectionable.
• Upload, transmit or post photographs, images, software or any other materials that are protected by intellectual property legislation and their use would result in infringement of copyright, trademark, patent, trade secrets or any other proprietary rights that other parties have.
• Upload files or software that contains computer viruses.
• Offer to sell or buy any goods or services.
• Upload, transmit or post photographs, images or any other materials of pornographic content.
• Upload, transmit or post photographs, images or any other materials that harm minors in any way.
• Use a false identity while using the Internet Services provided by Yak for the purpose of misleading others or circumventing this Policy.
• Collect or store data, use, download, copy or share with other persons or business organizations any information regarding users of the Internet Services and usage information.
• Maintaining a relay service open to the general public.
• Obstructing or bypassing computer identification or security procedures.
• Restrict other users from using and enjoying the Internet Services.

As mentioned above, the content that you use is entirely your responsibility, Yak is not responsible or liable for such content and has no obligation to monitor the Internet Services. However Yak, reserves the right to monitor internet usage from time to time with the purpose to review materials posted or uploaded and to remove any materials that violate this Policy in its sole discretion. Yak also reserves the right to terminate access to the Internet Services to anyone that violates this Policy, for any reason whatsoever and without notice.

Registration Obligations

In order to use our services you will need to register and agree to:

• Provide true, accurate and complete information in the registration forms.
• Update the information data in case it changes in order to keep it true, accurate and complete.
• Not provide misleading information in the registration forms.

If you provide and/or if Yak has reasonable grounds to believe that the information contained in the registration forms is untrue, inaccurate or incomplete, Yak reserves the right to terminate or suspend your account without notice and to refuse any future services to you.

Yak's Privacy Policy

Yak will protect the privacy of the information you provide and for this reason it has adopted its Privacy Policy. Please see our Privacy Policy if you require more information.

Forum

Should Yak choose to host any forum with respect to any services provided by Yak (a "Forum"), you agree to use such Forum only in accordance with the provisions of this Policy, the Privacy Policy and Yak's Standard Terms of Service. Yak also reserves the right to disclose any material posted on any Forum by you, and to disclose any other or further information in Yak's possession about you, in the event of a complaint or legal action arising from material posted by you on any Forum.

Only those who are at least 13 years of age may use any Forum. Persons below the age of 13 are prohibited from using any Forum.

Cooperation with Other Providers

Yak may cooperate with other on-line service providers to discourage and resist abuses of this Policy. Yak reserves the right to take corrective action against you upon notification to Yak of unacceptable activities by you on other networks. You are prohibited from using the services of another provider to engage in or facilitate any activity that violates this Policy.

Use of Yak's Website (the "Site")

The Site is provided by Yak for your personal information and education. You may download materials displayed on the Site for non-commercial, personal use provided that you retain all copyright and other proprietary notices contained in such materials. You may not, however, distribute, modify, transmit, reuse, repost or use any content displayed on the Site for public or commercial purposes, including any text, data, photographs, videos, audio, messages, calendars, graphics or images without the written permission of its owner.

Materials on Yak's web site which may include text, images, audio clips, video clips, software and other materials (the "Site Content"), are provided by Yak for information purposes only. While Yak uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. The Site Content provided on the Site may contain technical inaccuracies or typographic errors. The Site Content may be changed or updated without notice. Yak may also make improvements and/or changes in the products and/or programs described in the Site Content at any time without notice. Products and/or programs described in the materials may be changed at any time without notice. If you do not agree to these terms and conditions, do not access the Site or download any materials of the Site Content.

Yak intends for the content of the Site to be accurate and reliable, however, since the Content has been compiled by Yak from a variety of sources, it is provided to you as is and as available.

Links available on this Site will allow you to link to web sites not maintained or controlled by Yak, including sites of Yak's related companies and other third parties. Yak provides these links for your convenience and is not responsible for and makes no representations, warranties or conditions concerning the contents of linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement, investigation or verification by Yak of the linked site. Yak uses reasonable efforts to ensure the accuracy of its Site Content on the Site, but cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links. It is your responsibility to ensure that any web site you choose to use is free of potentially destructive items such as viruses. Also it is your responsibility to verify any information contained within the links before relying on it. The information contained in the links may be changed or updated at any time without notice.

Yak assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, or images from the Site.

The Yak Communications (Canada) Corp. logo is a trademark of Yak Communications (Canada) Corp., which may be registered in Canada and United States and other logos referenced in the Site are trademarks or registered trademarks of Yak Communications (Canada) Corp.. You many not use any trademark displayed on the Site without the written permission of Yak Communications (Canada) Corp..

Indemnification

You will indemnify and hold harmless Yak from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against Yak, which result from or relate to your violation of this Acceptable Use and Internet Resources Policy. You shall give Yak prompt notice of any such demand, claim or proceeding that you are aware of.

Reservation of Rights and Yak Liability

Nothing in this Policy shall be interpreted to limit Yak's rights or remedies in any way with respect to any of the foregoing activities (including, without limitation, Yak's rights or remedies under any agreement between Yak and yourself) and Yak reserves all rights and remedies available to it with respect to such activities at law or in equity. Yak does not assume liability to you or any other party for failure to enforce the terms of this Policy.

Domain Names

Internet Protocol (IP) addresses allocated to customers of Yak are the property of ARIN (American Registry of Internet Numbers) and its successors ("ARIN") and are allocated by Yak pursuant to rules and guidelines promulgated by ARIN (as established under the authority of the Internet Assigned Number Authority) and the policies of Yak, for no longer than the duration of your service agreement with Yak ("IP Addresses"). You acknowledge that the IP Addresses made available to you are the property of ARIN, and as such you acknowledge you have no rights of ownership of the IP Addresses.

IP Addresses allocated by Yak are available to any business internet customer of Yak who is eligible for an IP address allocation from Yak. Any customer who is eligible for its own assignment of IP addresses from ARIN is responsible for making its own application for such assignment and shall not be eligible for an IP address allocation from Yak. Any customer who has been allocated IP Addresses by Yak and who subsequently becomes eligible for its own assignment of IP addresses from ARIN must make an application to ARIN for assignment of its own IP addresses.

Any customer making use of IP Addresses allocated to it by Yak and who subsequently receives its own assignment of IP addresses of an equivalent or larger allotment from ARIN or in any other manner, must release all of the IP Addresses allocated to it by Yak and renumber from its subsequently acquired IP addresses.

Where the customer's assignment from ARIN is less than its Yak IP Address allotment, the customer must release and renumber as set out above, but only up to the number of IP Addresses received from ARIN.

Notwithstanding the above, in the event the customer is in breach of any agreement with Yak and the customer's service has been suspended, any IP Addresses allocated to it by Yak will be invalidated in conjunction with such suspension until such breach has been remedied to the satisfaction of Yak and the customer's service has been restored. Yak cannot guarantee that identical IP Addresses will be reallocated to the customer in such circumstances.

Customers will be required to maintain accurate and up-to-date IN-ADDR (reverse DNS) records detailing the usage of their IP Addresses. Yak reserves the right to invalidate any allocation of IP Addresses once it determines there are no IN-ADDR records for such IP Addresses

In addition to the above, IP Addresses are allocated by Yak on the basis of the customer's immediate utilization rates. Yak reserves the right to invalidate the allocation of IP Addresses which are not utilized by the customer within the first three (3) months of such allocation. Yak also reserves the right to reduce the IP Addresses allocated to a customer if such allocation is under-utilized or ineffectively used by the customer.

All allocations of IP Addresses are subject to audit and verification by any reasonable means deemed appropriate by Yak. If any allocation of IP Addresses is found to have been based on false information, Yak may invalidate the allocation.

An agreement of service between the customer and Yak does not ensure allocation of any specific allotment of IP Addresses by Yak to the customer.

Disclaimers

You acknowledge and agree that:

The Internet Services are provided to you at their capacity and quality and based on availability. Yak disclaims all warranties and conditions including, but not limited to satisfactory quality or capacity for particular purposes. Yak is not responsible or liable if the services become temporarily or permanently unavailable or interrupted during use. You will be responsible for damages to your computer caused as a result of downloading data transmitted through the Internet Services offered by Yak. Yak cannot guarantee the safety nor security of information. Yak is under no obligation to secure objectionable materials being uploaded, transmitted or posted. Yak is not liable for damages of any kind whatsoever. All information received, submitted or communicated is at your risk

Yak assumes no responsibility to you or any third party for any errors or omissions of any kind in the Site Content and disclaims all warranties and/or conditions, expressed or implied as to the Site Content and to any matter relating to the Site including but not limited to implied warranties and/or conditions of non-infringement, merchantability and fitness for a particular purpose. In no event will yak be liable for any damages whatsoever, including special, indirect, incidental or consequential damages, arising out of or in connection with the use or performance of the Site or the content available or referred to on the site, or any other site you may access throughout the Site, even if advised of the possibility of such damages.

Reporting of Violations

Please report any violations at [privacy@yak.ca] or at 1.877.YAK.4YAK (1.877.925.4925). If available, please provide us with the following information:

• name and IP address of the violator(s)
• date and time of the alleged violation(s)
• description of the violation(s)

Revisions of the Acceptable Use and Internet Resources Policy

Yak reserves the right to revise, amend or modify this Policy at any time. Updated policies will be posted at our corporate website at www.yak.ca.