Acceptable Use Policy

This Acceptable Use Policy (the “AUP”) applies to your access and use of the Internet access services and associated materials, content or other services (the “Services”) provided by Babbl Communications Ltd. and its corporate affiliates (“Babbl”, “we”, “us”, “our”). To assist us in ensuring the effectiveness and enjoyment of the Services, you agree to abide by the terms of the AUP. Any violation of the AUP, which forms a part of your binding agreement with Babbl for use of the Services, will constitute a violation of the Terms of Use and Service (the “Terms”).

Your use of the Services is subject to this AUP, as it may be amended from time to time. If you are not willing to be bound by the AUP, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing the Services and notify Babbl that you are terminating the Services.

If you engage in any of the prohibited activities described in this AUP, we may, at our sole discretion and without notice, restrict, suspend, or terminate your use of the Services without compensation. We may also involve relevant law enforcement agencies and any prohibited activity may result in civil or criminal liability.

You acknowledge and agree that you are responsible for all use of the Services in connection to your personally identifying account (the “Account”) for the Services. This includes any use of the Services by a third party in connection to your Account, whether or not such third party received your authorization.

The Services and equipment we provide to you are solely for your use as a consumer. You agree that the Services shall not be used to operate a telecommunication service provider.

Prohibited Activities

We do not allow use of our Services for the following purposes and may restrict, suspend, or terminate your use of the Services, if we determine in our sole discretion, that any of the following prohibited activities are occurring in connection to your Account or use of Services:

• Harassment or abusive language against our employees, suppliers, and representatives;
• Any criminal offences (such as fraud, stalking, and hate speech) or civil offenses and violations of rights of other persons (such as infringement of intellectual property rights, defamation);
• Attempting to access or accessing unauthorized computers, software or data that belongs to other persons;
• Engaging in denial of service attacks;
• Analyzing or penetrating an Internet host’s security mechanisms;
• Sending telecommunication in violation of anti-spam and unsolicited telecommunication rules;
• Creating an unusually large burden on our networks and inhibiting other users from enjoying the Services at their regular capacity;
• Posting, uploading, reproducing, distributing or otherwise transmitting any data, information or software that constitutes a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component;
• Exporting software or equipment outside of Canada in contravention of applicable export control legislation;
• Falsifying address information or headers to conceal your identify or to impersonate others for the purposes of circumventing this AUP;
• Sharing of your Account and associated password for the purposes of concurrent login sessions;
• Reselling the Services or utilizing the Services for purposes other than for personal use;
• Violating or breaching the Terms; and
• Violating or breaching any other applicable laws or regulations.

General

Interpretation – In this AUP, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of the AUP, (ii) the word “including”, the word “includes”, and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s).

Complaints – In the event that we receive numerous complaints against your Account for violations of this AUP, we may, in our absolute discretion, apply a complaint administration fee to your account. This remedy is in addition to any other remedy that we may apply.
Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of this AUP will not be construed as a waiver of any provision or right.

Governing Law and Jurisdiction – This AUP is governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with the AUP.

English Language – The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Questions and Concerns:

If you have any questions or concerns about the AUP, please contact us at [info@heybabbl.ca].