The Acceptable Use Policy as amended from time to time by the Company ("AUP") of Columbus Communications Jamaica Limited (the “Company”) is intended to help enhance the use of the services it provides by preventing unacceptable use that may interfere or diminish the use and enjoyment of the Service by others. All users of the Company’s services (the "Services") - those who access some of our Services but do not have accounts as well as those who pay a service fee to subscribe to the Services (collectively referred to as "Users") - must comply with this AUP. We support the free flow of information and ideas over our network and the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services. However, in accordance with our Service Agreement, we may remove any materials that, in our sole di scretion, may be illegal, may subject us to liability, or which may violate this AUP. The Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your account or other actions as detailed in Section 3.
This AUP should be read in conjunction with our Service Agreement and other policies.
The following constitute violations of this AUP:
Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.
Using the Services to harm, or attempt to harm, minors in any way.
Abuse of Service
Flow manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. Your Flow service is provided over a state of the art Broadband network. This network provides a shared internet service, meaning that bandwidth is shared among all customers and the activities of some customers can adversely impact the experience of others.
Flow uses reasonable network management practices that are consistent with industry standards, to try to ensure that all users have an ideal experience and that no one user through excessive use will negatively impact others.
The following activities in conjunction or individually may constitute a violation of this AUP and can result in the application of this AUP by the Company to reduce a particular User’s bandwidth consumption for a period to be determined by the Company in its sole discretion:
(i) Aggregate bandwidth usage in excess of more than a factor of ten (10) times the average User usage during a calendar month.
(ii) Usage patterns that negatively impact other customers on the network.
(iii) Any other criteria that the Company may in its sole discretion develop and implement from time to time.
The Company may take such measures as it deems necessary, including but not limited to the termination of service, restricting capacity during periods when other Users may experience unsatisfactory service due to the actions of a particular user.
Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters" is prohibited
Other Prohibited Activities
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited. Unauthorized access Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the Company's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Reselling the Services without the Company's authorization is prohibited. Using the Services for any activity which adversely affects the ability of other people or systems to use the Company Services or the Internet is prohibited. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the User's responsibility to ensure that their network is configured in a secure manner. A User may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A User may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Users should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's " intended" use. Please familiarize yourself with basic Usenet netiquette before posting to a newsgroup. The Company considers "multiposting" to 10 or more groups within a two week sliding window to be excessive. Users may not cancel messages other than their own messages. A User may cancel posts forged in that Member's name. The Company may cancel any postings which violate this AUP. Multiple Users: User acknowledges that by using the Services, he/she/it is agreeing to the terms and conditions of this AUP on behalf of all persons who use the Services through the User’s Computer or account. The User shall be responsible for ensuring that all persons using the Services through the User’s Computer or account understand and comply with the terms and conditions of this Agreement. The User acknowledges and agrees that the User is responsible and liable for any and all breaches of the terms and conditions of this AUP. The Company requests that anyone who believes that there is a violation of this AUP contact the Company with this information in the below format.
Please provide the following information:
• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation
• Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information. The Company may take any one or more of the following actions in response to complaints:
• Issue written or verbal warnings
• Suspend the Member's newsgroup posting privileges
• Suspend the Member's service
• Terminate the Member's service
• Bill the Member for administrative costs and/or reactivation charges
• The Company reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service. Terms and Conditions Installation Service is provided via an RJ-45 service outlet (the “Service Outlet”) located on your premises. The Service Outlet is the demarcation point of the Service. The Company may be installing equipment (the “Equipment”) in your building for the contracted duration of the Service to the to the Company’s network. The Company generally attempts to install the Equipment in building common areas. However, in some cases it is necessary for the Company to install the Equipment on user premises. In either case, you are not permitted to directly connect any cables to, directly disconnect any cables from, or attempt to control, modify, or manipulate the Equipment in any way. You should ONLY connect to or disconnect from the Service Outlet that the Company installed on your premises. The installation, use, and removal of the Equipment may result in service outage or potential damage to hardware, software, files, data, or peripherals. You are solely responsible for backing up all of your existing files and data. The Company and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the installation, modification, or configuration of your hardware, software, or peripherals. You acknowledge that moving to another location will require the service to be reprovisioned at the new location at an additional cost. If you are unable to perform self-installation, the Company may suggest an outside vendor to help install the service. You will be responsible for all costs and scheduling associated with the installation by a third party.
COLUMBUS COMMUNICATIONS JAMAICA LIMITED DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR HARDWARE, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, COLUMBUS COMMUNICATIONS JAMAICA LIMITED SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT. The Company will make its best effort to provide the Service. Because of the complex nature of Internet Access services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, the Company may cancel the installation process and refund any money that you have paid. The Company will notify you of its intent to cancel as soon as reasonably possible. The Company shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service. Monitoring the Services The Company has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if the Company, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its customers.
COLUMBUS COMMUNICATIONS JAMAICA LIMITED DOES NOT COVER OR HAVE ANY OBLIGATION TO REMEDY DEFECTS RESULTING FROM ACTS OUTSIDE OF COLUMBUS COMMUNICATIONS JAMAICA LIMITED’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN COLUMBUS COMMUNICATIONS JAMAICA LIMITED OR ITS CONTRACTOR. COLUMBUS COMMUNICATIONS JAMAICA LIMITED RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. COLUMBUS COMMUNICATIONS JAMAICA LIMITED WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF COLUMBUS COMMUNICATIONS JAMAICA LIMITED’S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COLUMBUS COMMUNICATIONS JAMAICA LIMITED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. COLUMBUS COMMUNICATIONS JAMAICA LIMITED MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH COLUMBUS COMMUNICATIONS JAMAICA LIMITED OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY COLUMBUS COMMUNICATIONS JAMAICA LIMITED OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. COLUMBUS COMMUNICATIONS JAMAICA LIMITED AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, COLUMBUS COMMUNICATIONS JAMAICA LIMITED’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD. COLUMBUS COMMUNICATIONS JAMAICA LIMITED SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF COLUMBUS COMMUNICATIONS JAMAICA LIMITED, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST COLUMBUS COMMUNICATIONS JAMAICA LIMITED IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. Miscellaneous This Agreement, the Acceptable Use Policy, and the Company’s other Agreements and policies posted on the Company's Web site constitute the entire agreement between you and the Company with respect to your use of the Service. The Company may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the Company’s Web site (www.discoverflow.co) and/or by email.