Advanced Cloud Services – reference to NIRIX Advanced Cloud Services refers to all NIRIX Products, including:
NIRIX oneCloud Control Panel (oCCP)
NIRIX Hosted Backup – Commercial Edition EOL
NIRIX Hosted Backup – Enterprise Edition EOL
NIRIX Hosted Exchange EOL
NIRIX Hosted Desktop EOL
NIRIX Hosted Server EOL
NIRIX Co-Location EOL
Software – the general term used to define various programs used in the operation of computers and other related hardware. In this case, this includes any software developed or used by NIRIX and provided to customers.
Website – refers to the NIRIX corporate website and associated NIRIX Portals, http://www.nirix.com, unless otherwise stated.
1 – Introduction
The Advanced Cloud Services that NIRIX Inc. (referred to hereafter as “NIRIX” or “our”) provides to you are subject to the following Acceptable Use Policy (AUP). By using Advanced Cloud Services provided by NIRIX, its partners and associates (collectively, “NIRIX”), you acknowledge that you have read, understand and agree to this Acceptable Use Policy as set out hereunder and with terms and conditions of NIRIX’s Hosting Service Agreement (collectively, the “Agreement”). If you do not wish to be bound by this Agreement or any modifications, which may be made by NIRIX from time-to-time (as described in the following paragraph), do not activate or use the Advanced Cloud Services and immediately contact NIRIX.
This Acceptable Use Policy constitutes the agreement between NIRIX and the customer (referred to hereafter as “you” or “your”) subscribing to the Advanced Cloud Services. This Acceptable Use Policy governs your use of the Advanced Cloud Services and any devices and/or equipment used to support the Advanced Cloud Services, including without limitation, any hardware and software used in conjunction with the Advanced Cloud Services which is loaned to you from NIRIX for your use solely in connection with the Advanced Cloud Services (collectively, the “Equipment”).
NIRIX reserves the right to update this document at any time without notice to you. The most current version of the document can be viewed on our Website. Such changes shall be deemed effective upon posting of the document on the Website. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION SENT TO YOU AND POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE ADVANCED CLOUD SERVICES AFTER YOU ARE NOTIFIED OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY SUCH CHANGES. If you do not agree with any of the amendments to this agreement, you agree to stop using the Advanced Cloud Services and to provide notice to NIRIX of your termination of this Agreement in accordance with the terms of the Hosting Service Agreement. NIRIX customers should consult this document regularly to ensure that their usage conforms to the most recent version. In the event of conflict between any customer then current and active Hosting Service Agreement and this Agreement, the terms of this Agreement will govern. Please refer to the customer agreement specific to the service which you are using. Complaints of violations of this Agreement by NIRIX users can be addressed here.
2 – About NIRIX Advanced Cloud Services
NIRIX provides a variety of Advanced Cloud Services to businesses, including oneBackup, oneExchange, oneDesktop, oneServer, and oneDatacenter service, for highly-regulated industries and publicly-traded organizations across Canada.
The Advanced Cloud Services use resources that are shared with other customers. Moreover, the Advanced Cloud Services are provided via the Internet which is used by millions of others. Each user benefits by being able to share resources. However, the benefits and privileges available from the Advanced Cloud Services and these shared resources must be balanced with duties and responsibilities designed to guarantee uniform access to all customers of the Advanced Cloud Services while ensuring security and privacy are in place.
Use of the Advanced Cloud Services is subject to the following rules and guidelines. You are responsible for ensuring that use of all Advanced Cloud Services provided to you comply with this Agreement.
3 – Illegal Activity
Use of the Advanced Cloud Services for any activity that violates Local, Provincial, Federal or International law, order, or regulation is a violation of this Agreement. Prohibited activities include, but are not limited to:
Posting, storing, transmitting or disseminating unlawful material, including without limitation, child or other pornography, any content, data or other material which is libelous, obscene, hateful, unlawful, threatening, reaction or ethnically offensive, defamatory, or which in any way constitutes or encourages conduct that would constitute a criminal offense.
Disseminating material which violates copyright or intellectual property rights. The customer assumes all risk regarding whether material is in the public domain;
Pyramid or other illegal soliciting schemes; or
Fraudulent activities; including but not limited to: impersonating any person or entity, or forging anyone’s digital or manual signature.
NIRIX reserves the right to investigate suspected violations of this Agreement (illegal activity), including the gathering of information from you or other users involved and the complaining party, if any, and examination of material on NIRIX’s servers and network. During an investigation, NIRIX may suspend the account or accounts involved and/or remove material which potentially violates this Agreement.
4 – Security
If any of the Advanced Cloud Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account.
You are responsible for any activities that occur under your account, including misuse of the Advanced Cloud Services that originate from your account, even activities committed by any friend, family, co-worker, employee, guest, or anyone with access to the account. You are responsible for ensuring that others do not gain unauthorized access to the Advanced Cloud Services. You agree to notify NIRIX immediately of any unauthorized use of your account or any other breach of security. NIRIX will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NIRIX or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Such action will be considered illegal activity, as stipulated in clause 3 – Illegal Activity.
The Advanced Cloud Services may not be used to breach the security of another user, or to attempt access to anyone’s computer, software, or data, without the knowledge and consent of that person. The Advanced Cloud Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, probing the security of other networks. Use or distribution of tools designed for compromising security such as password guessing programs, cracking tools, packet sniffers or network probing tools is strictly prohibited.
YOU MAY NOT DISRUPT THE ADVANCED CLOUD SERVICES. The Advanced Cloud Services also may not be used to interfere with computer networking or telecommunications Advanced Cloud Services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature is also strictly prohibited and is considered illegal activity and will be prosecuted to the fullest extent of the law.
YOU ARE RESPONSIBLE FOR THE SECURITY OF ANY DEVICE (NOT PROVIDED BY NIRIX OR WHERE YOU HAVE BEEN GIVEN ADMINISTRATIVE ACCESS – REFER TO SCOPE OF SUPPORT DOCUMENT) THAT IS CONNECTED TO THE ADVANCED CLOUD SERVICES, INCLUDING, WITHOUT LIMITATION, DATA STORED ON THAT DEVICE. In particular, NIRIX recommends against enabling file or printer sharing of any kind. NIRIX recommends that any files or Advanced Cloud Services you make available for remote access be strong-password protected.
5 – Inappropriate Content
NIRIX is not responsible for any content you post, store, transmit, disseminate or access through use of the Advanced Cloud Services. Any content questions or complaints you may have regarding content you access should be addressed to the content provider.
You are responsible for information published to the Web or other Internet Advanced Cloud Services, through your account. NIRIX reserves the right to refuse to host or store or to remove any information or materials, in whole or in part, that it, at NIRIX’s sole discretion, deems to be offensive, indecent, or otherwise inappropriate, and regardless of whether such material or its dissemination is unlawful.
6 – Electronic Mail
NIRIX limits the number of email messages that you can send through the Advanced Cloud Services using NIRIX’s email servers in a 24-hour day. NIRIX defines an email message as one message sent to one recipient. For example: a single message addressed to three recipient email addresses would count as three email messages. Customers using NIRIX Advanced Cloud Services (oneExchange, oneDesktop, oneDatacenter and oneServer specifically) are limited (per user) to sending 30 email messages per hour, and no single email message can be addressed to more than 30 recipient email addresses.
The Advanced Cloud Services may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may be sent only to those who have explicitly requested them.
The Advanced Cloud Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email Advanced Cloud Services which violate this Agreement or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any Website or other resource which uses the Advanced Cloud Services.
Forging, altering or removing electronic mail headers is prohibited. However, you may insert additional characters into your from: and reply-to: addresses in order to prevent your true address from being automatically added to the mailing lists used by bulk emailers. In this case, your true address must remain obvious to any human viewer. For example, you may substitute john.smith for nospam.john.smith.
You may not reference NIRIX, or NIRIX Advanced Cloud Services (e.g. including Organization: NIRIX in the header, or by listing an IP address that belongs to NIRIX) in any unsolicited email, even if that email is not sent through NIRIX. NIRIX owns all IP addresses and email usernames for all Advanced Cloud Services.
Mail Bombing is prohibited. You may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is prohibited, whether or not the recipient wishes to receive such mailings.
NIRIX is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at NIRIX’s sole discretion.
NIRIX does enforce a quota limitation on a per-email-message basis. Please refer to the then current quota as stipulated in the Hosting Service Agreement.
7 – Limitations
You must comply with the applicable current bandwidth, data storage, transfer limit and other limitations on the Advanced Cloud Services.
NIRIX reserves the right to set specific limits. You must ensure that your activity while using the Advanced Cloud Services does not improperly restrict, inhibit or degrade any other customer’s use of the Advanced Cloud Services, nor represent (in the sole judgment of NIRIX) an unusually large burden on the network itself. You must comply with the limitations and over-usage charges that are specific to your services, which are outlined in your Hosting Service Agreement. In addition, you must ensure that your activities do not improperly restrict, disrupt, inhibit, degrade or impede NIRIX’s ability to deliver the Advanced Cloud Services and monitor the Advanced Cloud Services, backbone, network nodes and/or other network Advanced Cloud Services.
UNDER NO CIRCUMSTANCES WHATSOEVER ARE YOU PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE ADVANCED CLOUD SERVICES OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF NIRIX AND PAYMENT OF APPLICABLE FEES.
NIRIX Advanced Cloud Services are designed strictly for business and professional use.
8 – Traffic Management
NIRIX uses traffic management policies to ensure proportional access to its network for all NIRIX customers. Some Peer-to-Peer (P2P) applications used for non-real-time file sharing can consume a disproportionate amount of upstream bandwidth causing disruption to other customers on NIRIX’s network. NIRIX’s traffic management policies were introduced to quickly address any upstream congestion caused by these P2P applications while standard network expansion activities are undertaken to increase the bandwidth availability for all users.
NIRIX’s traffic management policies come into effect only if upstream network congestion occurs on a network segment. If congestion occurs, the traffic management policies reduce the amount of upstream bandwidth available for P2P applications completing non real-time file transfer activity to 10 kbps per end-user.
NIRIX’s traffic management policies do not affect download speeds and will not affect real-time interactive activities such as on-line gaming, banking, e-mail or VoIP Advanced Cloud Services. For the majority of NIRIX customers the Internet experience is unaffected by our traffic management policies and both upstream and downstream bandwidth will be available to ensure the full operation of any application.
The traffic management policies implemented by NIRIX use IP addresses to make real-time traffic management decisions in relation to NIRIX’s network. Since IP addresses have the potential to be linked to an individual’s customer account, IP addresses could be considered personal information. The traffic management policies implemented by NIRIX do not involve capturing, storing or archiving this information in any way.
9 – Violation of Agreement
NIRIX routinely monitors the activity of accounts for violation of this Agreement. NIRIX will respond appropriately if it becomes aware of inappropriate use of the Advanced Cloud Services. Although NIRIX has no obligation to monitor the Advanced Cloud Services and/or the network for violations, NIRIX reserves the right to monitor bandwidth, usage, system performance, and content from time-to-time, to identify violations of this Agreement; and/or to protect the network and NIRIX Internet customers.
NIRIX prefers to advise customers of inappropriate behaviour and any necessary corrective action. However, if you use the Advanced Cloud Services in a way which NIRIX, in its sole discretion, believes violates this Agreement, NIRIX may take any responsive actions NIRIX deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Advanced Cloud Services. NIRIX will not have any liability for any such responsive actions. The above described actions are not NIRIX’s exclusive remedies and NIRIX may take any other legal or technical action it deems appropriate.
NIRIX reserves the right to investigate suspected violations of this Agreement, including the gathering of information from you or other users involved and the complaining party, if any, and examination of material on NIRIX’s servers and network. During an investigation, NIRIX may suspend the account or accounts involved and/or remove material which potentially violates this Agreement.
Upon termination of your account, NIRIX is authorized to physically delete any files, programs, data and email messages associated with such account. Such deletion will permanently remove all of that customer’s data, email, applications, and digital content, without any possibility of restoration.
The failure of NIRIX to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable laws as nearly as possible, and the remaining portions will remain in full force and effect.
10 – Notice Specific to Software
Any software that is made available to download from the Advanced Cloud Services (“Software”) is the copyrighted work of NIRIX and/or its suppliers. Use of the Software is governed by the terms of the End-User License Agreement (EULA), if any, which accompanies or is included with the Software (“License Agreement”). An end-user will be unable to install any Software that is accompanied by or includes a EULA, unless he or she first agrees to the EULA terms.
The Software is made available for download solely for use by end-users of NIRIX Advanced Cloud Services according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying such Software.
The Software is warranted, if at all, only according to the Terms of the EULA. Except as warranted in the EULA, NIRIX hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, NIRIX may make available as part of the Advanced Cloud Services or its Software products, tools and utilities for use and download. NIRIX does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available through the Advanced Cloud Services or in NIRIX Software products.
11 – Notice Specific to Documents
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) publicly available, regarding NIRIX’s Advanced Cloud Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Advanced Cloud Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of NIRIX. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the nirix.com Website or any other NIRIX owned, operated, licensed or controlled site. Elements of NIRIX Websites are protected by copyright, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or content from any NIRIX Website may be copied or retransmitted unless expressly permitted by NIRIX.
NIRIX and/or its respective suppliers make no representations about the suitability of the information contained in the Documents and related graphics published as part of the Advanced Cloud Services for any purpose. All such documents and related graphics are provided “As Is” without warranty of any kind. NIRIX and/or its respective suppliers hereby disclaim all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall NIRIX and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the Advanced Cloud Services.
The Documents and related graphics published on the Advanced Cloud Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. NIRIX and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the Program(s) described herein at any time.
12 – Liability Notice
In no event shall NIRIX and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action on contract, negligence or other tortuous action, arising out of or in connection with the use or performance of Software, Documents, provision of or failure to provide Advanced Cloud Services, or information available from the Advanced Cloud Services.
13 – Materials Provided
NIRIX does not claim ownership of the materials you provide to NIRIX (including feedback and suggestions) or post, upload, input or submit to any Advanced Cloud Services or its associated Advanced Cloud Services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting NIRIX, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all NIRIX Advanced Cloud Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Advanced Cloud Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. NIRIX is under no obligation to post or use any Submission you may provide and NIRIX may remove any Submission at any time in its sole discretion.
14 – Links to Third-Party Sites
Links may, from time-to-time, be present on the Website that will let you leave the nirix.com site. The linked third-party sites are not under the control of NIRIX and NIRIX is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. NIRIX is not responsible for webcasting or any other form of transmission received from any linked site. NIRIX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NIRIX of the site.
15 – Unsolicited Idea Submission Policy
NIRIX or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when NIRIX’s products or marketing strategies might seem similar to ideas submitted to NIRIX. So, please do not send your unsolicited ideas to NIRIX or anyone at NIRIX. If, despite our request that you do not send us your ideas and materials, you still send them, please understand that NIRIX makes no assurances that your ideas and materials will be treated as confidential or proprietary.
16 – General
Customer Computer – It is your responsibility to ensure that your computer equipment meets the requirements set out by NIRIX as may be amended from time-to-time that are necessary to use the Advanced Cloud Services.
Relocating Devices – You agree not to relocate NIRIX’s cable modem, network devices, and/or computing devices if applicable, within your premises without notifying NIRIX, so that NIRIX may schedule a mutually agreeable time to undertake such work.
Web Pages/Web Sites – If applicable, you may create personal pages on our World Wide Web Server (the “Site”). On the Site, you can conceive, design, create, maintain, and publish texts, diagrams, illustrations, audio clips and related materials for access by a global audience. You warrant that the content on your Site is suitable for publication, 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. While it is your responsibility to regulate and control all content on the Site, NIRIX may decide to suspend or delete your home page without your consent if you violate this Agreement. In addition, if NIRIX determined that it is inappropriate, NIRIX may either: i) issue a warning to you; ii) suspend your access to some or all of the Advanced Cloud Services; or iii) terminate this Agreement, inclusive of your access and use of the Advanced Cloud Services.
Ownership of Addresses – NIRIX owns all addresses and Internet domains provided to you, and included as part of the service, including but not limited to IP addresses, e-mail addresses and personal Web page addresses. NIRIX MAY MODIFY OR CHANGE SUCH ADDRESSES AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE YOU FOR SUCH CHANGES.
End-user Licenses Agreements (EULA) – You agree to comply with the applicable terms and conditions of all End-User License Agreements accompanying any software or plug-ins to such software distributed in connection with the Advanced Cloud Service. All such end-user licenses will terminate upon termination of this Agreement. In the event of an inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.
Multiple Users – You acknowledge that you are executing this Agreement on behalf of all persons who use the Advanced Cloud Services through your computer. You assume all liability for such use of the Advanced Cloud Services and are responsible for ensuring that all such other users understand and comply with the terms and conditions of this Agreement.
No License; Intellectual Property of NIRIX and Others – Nothing within the Advanced Cloud Services or any additional Advanced Cloud Services offered by NIRIX or through any NIRIX Website shall be construed as conferring any license of NIRIX’s or any third parties’ intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You acknowledge and agree that NIRIX’s Websites, the Advanced Cloud Services and/or additional Advanced Cloud Services offered by NIRIX are protected by copyright, trademark, patent, or other proprietary rights. You agree not to defame or disparage NIRIX, the trademarks or service marks of NIRIX as shown below or as may be amended from time-to-time. NIRIX marks and associated logo and icons:
NIRIX oneBackup is a trade-mark of NIRIX NIRIX oneExchange is a trade-mark of NIRIX NIRIX oneDesktop is a trade-mark of NIRIX NIRIX oneServer is a trade-mark of NIRIX NIRIX oneDatacenter is a trade-mark of NIRIX NIRIX oneAnti-Spam is a trade-mark of NIRIX NIRIX oneFileSync is a trade-mark of NIRIX NIRIX Hosted Backup – Commercial Edition is a trade-mark of NIRIX NIRIX Hosted Backup – Enterprise Edition is a trade-mark of NIRIX NIRIX Hosted Exchange is a trade-mark of NIRIX NIRIX Hosted Desktop is a trade-mark of NIRIX NIRIX Hosted Server is a trade-mark of NIRIX NIRIX Co-Location is a trade-mark of NIRIX NIRIX oneCloud Control Panel (oCCP) NIRIX oneSupport NIRIX “Computing Differently” slogan NIRIX name and associated logo and icons