3.1 As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms and Conditions of Service, in addition to uses prohibited by law in your jurisdiction. You are responsible for all of your activity in connection with the Services and the activity of any sub-user that uses
your access code or Account.
3.2 You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that: (i) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion; (ii) You know is false, misleading, untruthful or inaccurate; (iii) Constitutes unauthorized or unsolicited advertising; (iv) Impersonates any person or entity, including any of our employees or representatives; or (v) Includes anyone’s identification documents or sensitive financial information.
3.3 You shall not: (i) Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) Run any form of auto-responder or “spam” on the Services; (v) Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) Harvest or scrape any Content from the Services; (vii) Use the Services for high risk activities including, but not limited to, the operation of nuclear facilities, air traffic control, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage; or (viii) Otherwise take any action in violation of our guidelines and policies.
3.4 You shall not (directly or indirectly): (i) Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) Modify, translate, or otherwise create derivative works of any part of the Services; or (iii) Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
3.5 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) Satisfy any applicable law, regulation, legal process or governmental request; (ii) Enforce these Terms and Conditions of Service, including investigation of potential violations hereof; (iii) Detect, prevent, or otherwise address fraud, security or technical issues; (iv) Respond to user support requests; or (v) Protect the rights, property or safety of us, our users and the public.
3.6 Subscribers are restricted from registering multiple Accounts with the same billing details without first notifying Ormuco of that intent. Otherwise, we shall have the right to automatically flag such Accounts as fraudulent or abusive, and we may, without notification to the Subscriber of such Account, suspend the service of such Account or any other Account used by such Subscriber. The use of referral codes by multiple Accounts having the same billing profile is not allowed. We also reserves the right to terminate a Subscriber’s Account if it is targeted by malicious activity from other parties.
3.8 The enumeration of violations in this Section 3 of these Terms and Conditions of Service is not meant to be exclusive, and Ormuco provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Services, Subscribers, and third parties from acts that would be inimical to the purposes of this Section 3 of these Terms and Conditions of Service.
Lawful Use of the Network
3.9 In using the Services, Subscribers must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation the laws of Canada and the laws of the province of Quebec, and including without limitation those laws forbidding: (i) Distribution of child pornography; (ii) Forgery, identity theft, misdirection or interference with electronic communications; (iii) Invasion of privacy; (iv) Unlawful sending of commercial electronic messages or other marketing or electronic communications; (v) Collection of excessive user data from children, or other improper data collection activities; (vi) Securities violations, wire fraud, money laundering, or terrorist activities; or (vii) False advertising, propagating or profiting from frauds and unfair schemes.
Subscribers will also comply with the affirmative requirements of law governing use of the Services, including but not limited to: (i) Disclosure requirements, including those regarding notification of security breaches; (ii) Records maintenance for regulated industries; and (iii) Financial institution safeguards.
Agreed Use of Allotted Network Resources
3.10 Subscribers shall not use any method to circumvent the provisions of these Terms and Conditions of Service, or to obtain Services in excess of those for which they contract with Ormuco. Subscribers shall use only those IP addresses that are assigned to them by us, and shall not use any IP addresses outside of their assigned range. Subscribers shall not use any mechanism to exceed the amount of resources assigned to them through the Services, or to conceal such activities.
3.11 Subscribers may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) Trojans; (ii) Key loggers; (iii) Viruses; (iv) Malware; (v) Botnets; (vi) Denial of service attacks; (vii) Flood or mail bombs; (viii) Logic bombs; or (ix) Other actions which we reserve the sole right to determine to be malicious in intent.
3.12 Subscribers shall not send bulk email utilizing their resources on the Services unless they maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including removal links with all sent emails according to the such legislation. Subscribers shall comply with all laws regarding the sending of commercial electronic messages or other marketing or electronic communications. Subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with Ormuco or other Subscribers, being placed on the Spamhaus.org blacklist. Ormuco reserves the sole and absolute right to determine whether an email violation has occurred.
Invasion of Privacy, Defamation, or Harassment
3.13 Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in Ormuco’s sole and absolute discretion.
Violation of Copyright, Trademark, Patent or Trade Secret
3.14 Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions all applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. Ormuco will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of ours is violating its intellectual property rights, it should notify us by email at firstname.lastname@example.org. A notification should include information reasonably sufficient to permit us to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.
3.15 Subscriber shall comply with all applicable export and import control laws and regulations in its use of the Services, and, in particular, Subscriber shall not utilize the Services to export or re-export data or software without all required Canadian and applicable foreign government licenses. Subscriber assumes full legal responsibility for any access and use of the Services from outside Canada, with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require export license. Should such a license be required, it shall be Subscriber’s responsibility to obtain the same, at Subscriber’s sole cost and expense, and in the event of any breach of this duty resulting in legal claims against Ormuco, Subscriber shall defend, indemnify and hold Ormuco harmless from all claims and damages arising therefrom.
Acts of Sub-Users
3.16 Subscribers are responsible for the acts of others who they permission to use the Services; i.e. by those who gain access to the Services using the Subscriber’s access codes. Any activity that a Subscriber is prohibited from performing by these Terms and Conditions of Services is equally prohibited to anyone using the access to the Services of the Subscriber.
Access Code Protection
3.17 Subscribers shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information.
Notification Regarding these Terms and Conditions of Service
3.18 Subscribers shall notify all persons who receive access to the Services of the provisions of these Terms and Conditions of Service, and shall inform them that the terms of these Terms and Conditions of Service are binding upon them.
3.19 Subscribers shall notify Ormuco if and when they learn of any security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or us to cure the security breach.