BCS Global Networks Limited, doing business as Pinnaca, (hereinafter collectively: “Pinnaca”) are committed to being a responsible corporate citizen. To assist Pinnaca in protecting the usefulness and enjoyment of its network to other users of its services, you agree to abide by the terms of this Acceptable Use Policy (the “AUP”). Any violation of this AUP will constitute a violation of the terms of your Master Services Agreement (hereinafter: the “Agreement”) where such is in place, and may, where applicable, result in the termination of such Agreement and/or the suspension of your service there under. For the purposes of this AUP, services means any computer, video endpoint, terminal, or electronic device connected to the Pinnaca network for either its business grade services (i.e. over private dedicated circuits) or non-business grade services (i.e. over the general/public internet), hereinafter defined as (“Services”). Terms not otherwise defined in this AUP will have the meanings set out elsewhere in the Agreement.
This AUP applies to all customers and to all users of Pinnaca Services.
Your Service is solely for your business use; without limitation, you may not use the Service or any equipment provided in connection with the Service for operation of a competing IP Video or Network provider’s business or for any other reseller purpose without the prior written consent of Pinnaca.
You are prohibited from using the Service for activities that include, but are not limited to:
- Harassing or abusive language or actions, whether visual, verbal, written or otherwise, of employees, suppliers, agents and representatives is strictly prohibited.
- Transmitting unsolicited messages which, in the sole judgment of Pinnaca, cause significant disruption or elicit complaints from other users of Pinnaca’ Services.
- Restricting or inhibiting any other user from using or enjoying the Pinnaca’ Services, impairing the operations or efficiency of the Service or creating an unusually large burden on our networks, or otherwise generating levels of Pinnaca’ Services traffic sufficient to impede other users’ ability to transmit or receive information.
- Harassing users or groups in any way including but not limited to defaming, abusing, stalking, threatening or otherwise violating the legal rights of others.
- Impersonating other subscribers or other Pinnaca’ Services providers’ subscribers in any way.
- Uploading or downloading, transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to information, software, files or other material which (i) are confidential or protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) are defamatory, obscene, child pornography or hate literature; or (iii) constitute invasion of privacy, appropriation of personality, or unauthorized linking or framing.
- Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file or other data.
- Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information designed to assist users in defeating copy-protection, registration and any other anti-theft mechanisms associated with commercial or shareware programs.
- Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information designed to assist in the fraudulent use of telecommunications services.
- Using a Pinnaca’ Services host’s resources in a manner which is not authorized by its administrators. This includes mail relaying, spamming, transmitting chain letters, make-money-fast or pyramid style schemes of any sort.
- Posting or transmitting any information or software which contains a virus, “cancelbot”, “trojan horse”, “worm” or other harmful or disruptive component.
- Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability.
- Violating or breaching any applicable laws and/or regulations or engaging in deceptive, misleading or unethical practices.
- Using to support, carry or enable any emergency calls (including 911 calls in North America or similar calls in other countries) to any emergency services of any kind or to law enforcement agencies, medical facilities, hospitals, emergency service personnel or public safety services
- Using to support critical safety or other applications where any failure of the services may reasonably be anticipated to result in bodily injury, loss of life or catastrophic damage to property.
- Restrict or inhibit any other user from using or enjoying such service.
- Create a false identity for the purpose of misleading others or forge the headers of your video connections in any way.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such service or other user or usage information or any portion thereof.
- Promote or facilitate the transmission of unsolicited video connections.
- In the sole judgment of Pinnaca, run an excessively long connection.
- Connect to disrupt or cause difficulties in receiving other connections.
- Sending information that includes advertisements or commercial content of any kind in an unsolicited matter.
- Attempting a Denial of Service attack either automated via a bot or manually conducted.
- Pinnaca’ Services, as further described in your Agreement, are for your business use. You may not sublicense, distribute, transfer, or sell the Virtual Presence Video service or any portion thereof.
The limit on the number of recipients of video sessions, the number of connections on a customer’s conference room, and the number of connections a customer may set up or receive through the Service is further described in your Agreement.
Any of Pinnaca ‘unlimited’ Services are subject to this AUP and are for reasonable business use of the end user only. Such use shall not include certain activities including, but not limited to, any security monitoring, continuous or nearly continuous connectivity, broadcast, autodialing, telemarketing (including without limitation charitable or political solicitation or polling), call center operations, spamming, calling any person (through the use of distribution lists or otherwise) who has not given specific permission to be included in such a process or any other activity that would be inconsistent with reasonable business usage. The Service is in place to ensure that the majority of Pinnaca customers achieve the best experience.
In addition to the general terms set out above, you are prohibited from using the Service for activities that include, but are not limited to:
- Sharing of your Pinnaca resources, including Virtual Meeting Room(s) and password(s) for any purpose other than conducting a meeting.
- Causing a Pinnaca’ Services host to become unable to effectively service requests from other hosts.
- Running and/or hosting server applications including but not limited to HTTP, FTP, POP, SMTP, Proxy/SOCKS, and NNTP.
- Analyzing or penetrating a Pinnaca’ Services host’s security mechanisms.
- Forging any part of the TCP/IP packet headers in any way.
- Committing any act which may compromise the security of your Pinnaca’ Services host in any way.
As further set out in your Agreement, you are solely responsible for the security of your system and Account(s). Pinnaca will offer full co-operation with law enforcement agencies in connection with any investigation arising from a breach of this AUP. You agree that your use of the Service will not compromise the security or integrity of the network or the Services provided by Pinnaca.
A violation of this AUP by a person having only indirect access to the Pinnaca network through a customer or other user will be considered a violation by the customer or other user, whether or not with the knowledge or consent of the customer or other user. As an example, resellers are responsible for the actions of customers to whom they directly and indirectly provide services.
To achieve the objectives of this Policy, Pinnaca will determine, in their sole discretion, whether a use of the Pinnaca Service violates this Policy.
Neither Pinnaca nor any of its suppliers has any obligation to monitor the Video service. However, Pinnaca and its suppliers reserve the right to review materials sent through such service, and to remove any materials in their sole discretion. Pinnaca, under reasonable circumstances, may terminate your access to the Video service at any time, without notice.
Pinnaca and its supplier’s reserve the right at all times to disclose any information as they, in their sole discretion, deem necessary to satisfy any applicable law, regulation, legal process or governmental request. Pinnaca and its supplier’s further reserve the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion. In the event that complaints are received by our staff in regards to any breaches of this AUP, at the discretion of Pinnaca, they reserve the right to levy a reasonable fee per complaint received, in addition to an administration fee, against you for any costs incurred.
Questions or concerns regarding our ACCEPTABLE USE Policy
If you have any questions or concerns about our Acceptable Use Policy, or should you wish to file a complaint about anything relating to our Acceptable Use Policy, do not hesitate to contact Dan Giesen, VP Operations, at firstname.lastname@example.org.
Pinnaca may choose to revise this Policy at any time and such revised version will be become effective when posted to our web site. Pinnaca reserves the right to change the AUP without notice.