Minto Communications Society Acceptable Use Policy For High-Speed Internet Services
- Prohibited Uses and Activities
- Subscriber Conduct and Features of the Service
- Network Management and Limitations on Bandwidth Consumption
- Violation of this Acceptable Use Policy
- Copyright Act Requirements
Why is Minto providing this Policy to me?
Minto's goal is to provide its members with the best residential
wireless Internet service possible. In order to help accomplish this,
Minto has adopted this Acceptable Use Policy (the "Policy"). This
Policy outlines acceptable use of the Minto High-Speed Internet service
(the "Service"). This Policy is in addition to any restrictions
contained in the Minto Agreement for Residential Services (the
"Subscriber Agreement") available at www.mintocomm.ca.
All capitalized terms used in this Policy that are not defined here
have the meanings given to them in the Subscriber Agreement.
What obligations do I have under this Policy?
All Minto High-Speed Internet subscribers and all others who use the
Service (the "subscriber," "user," "you," or "your") must comply with
this Policy. Your failure to comply with this Policy could result in
the suspension or termination of your Service account. If you do not
agree to comply with this Policy, you must immediately stop all use of
the Service and notify Minto so that it can close your account.
How will I know when Minto changes this Policy?
Minto may revise this Policy from time to time by posting a new version on the Web site at www.mintocomm.ca
or any successor URL(s) (the "Mintocomm.ca Web site"). Minto will use
reasonable efforts to make members aware of any changes to this Policy,
which may include sending e-mail announcements or posting information
on the Mintocomm.ca Web site. Revised versions of this Policy are
effective immediately upon posting. Accordingly, subscribers of the
Minto High-Speed Internet Service should read any Minto announcements
they receive and regularly visit the Mintocomm.ca Web site and review
this Policy to ensure that their activities conform to the most recent
version. You can send questions regarding this Policy to, and report
violations of it at, www.mintocomm.ca.
I. Prohibited Uses and Activities
What uses and activities does Minto prohibit?
In general, the Policy prohibits uses and activities involving the
Service that are illegal, infringe the rights of others, or interfere
with or diminish the use and enjoyment of the Service by others. For
example, these prohibited uses and activities include, but are not
limited to, using the Service, Customer Equipment, or the Minto
Equipment, either individually or in combination with one another, to:
Conduct and information restrictions
- undertake or
accomplish any unlawful purpose. This includes, but is not limited to,
posting, storing, transmitting or disseminating information, data or
material which is libelous, obscene, unlawful, threatening or
defamatory, or which infringes the intellectual property rights of any
person or entity, or which in any way constitutes or encourages conduct
that would constitute a criminal offense, or otherwise violate any
local, provincial, or federal law, order, or regulation;
store, send, transmit, or disseminate any information or material which
a reasonable person could deem to be indecent, pornographic, harassing,
threatening, hateful, or intimidating;
- upload, post,
publish, transmit, reproduce, create derivative works of, or distribute
in any way information, software or other material obtained through the
Service or otherwise that is protected by copyright or other
proprietary right, without obtaining permission of the owner;
- transmit unsolicited bulk or commercial messages commonly known as "spam;"
numerous copies of the same or substantially similar messages, empty
messages, or messages which contain no substantive content, or send
very large messages or files that disrupts a server, account,
newsgroup, or chat service;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
in the collection of e-mail addresses, screen names, or other
identifiers of others (without their prior consent), a practice
sometimes known as spidering or harvesting, or participate in the use
of software (including "spyware") designed to facilitate this activity;
- collect responses from unsolicited bulk messages;
- falsify, alter, or remove message headers;
- falsify references to Minto or its network, by name or other identifier, in messages;
any person or entity, engage in sender address falsification, forge
anyone else's digital or manual signature, or perform any other similar
fraudulent activity (for example, "phishing");
- violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access;
Network and usage restrictions
- access any other person's
computer or computer system, network, software, or data without his or
her knowledge and consent; breach the security of another user or
system; or 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, or
probing the security of other hosts, networks, or accounts without
express permission to do so;
- use or distribute tools or
devices designed or used for compromising security, such as password
guessing programs, decoders, password gatherers, unauthorized keystroke
loggers, analyzers, cracking tools, packet sniffers, encryption
circumvention devices, or Trojan Horse programs. Unauthorized port
scanning is strictly prohibited;
- copy, distribute, or
sublicense any software provided in connection with the Service by
Minto or any third party, except that you may make one copy of each
software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
or run dedicated, stand-alone equipment or servers from the Premises
that provide network content or any other services to anyone outside of
your Premises local area network ("Premises LAN"), also commonly
referred to as public services or servers. Examples of prohibited
equipment and servers include, but are not limited to, e-mail, Web
hosting, file sharing, and proxy services and servers;
or run programs from the Premises that provide network content or any
other services to anyone outside of your Premises LAN, except for
personal and non-commercial residential use;
- service, alter,
modify, or tamper with the Minto Equipment or Service or permit any
other person to do the same who is not authorized by Minto;
- restrict, inhibit, or
otherwise interfere with the ability of any other person, regardless of
intent, purpose or knowledge, to use or enjoy the Service, including,
without limitation, posting or transmitting any information or software
which contains a worm, virus, or other harmful feature, or generating
levels of traffic sufficient to impede others' ability to use, send, or
- restrict, inhibit, interfere with, or
otherwise disrupt or cause a performance degradation, regardless of
intent, purpose or knowledge, to the Service or any Minto (or Minto
supplier) host, server, backbone network, node or service, or otherwise
cause a performance degradation to any Minto (or Minto supplier)
facilities used to deliver the Service;
- resell the Service
or otherwise make available to anyone outside the Premises the ability
to use the Service (for example, though wi-fi or other methods of
networking), in whole or in part, directly or indirectly. The Service
is for personal and non-commercial residential use only and you agree
not to use the Service for operation as an Internet service provider or
for any business enterprise or purpose (whether or not for profit);
- connect the Minto Equipment to any computer outside of your Premises;
with computer networking or telecommunications service to any user,
host or network, including, without limitation, denial of service
attacks, flooding of a network, overloading a service, improper seizing
and abusing operator privileges, and attempts to "crash" a host; and
and using the Service with anything other than a dynamic Internet
Protocol ("IP") address that adheres to the dynamic host configuration
protocol ("DHCP"). You may not configure the Service or any related
equipment to access or use a static IP address or use any protocol
other than DHCP unless you are subject to a Service plan that expressly
permits you to do so.
II. Subscriber Conduct and Features of the Service
What obligations do I have under this Policy?
In addition to being responsible for your own compliance with this
Policy, you are also responsible for any use or misuse of the Service
that violates this Policy, even if it was committed by a friend, family
member, or guest with access to your Service account. Therefore, you
must take steps to ensure that others do not use your account to gain
unauthorized access to the Service by, for example, strictly
maintaining the confidentiality of your Service login and password. In
all cases, you are solely responsible for the security of any device
you choose to connect to the Service, including any data stored or
shared on that device. Minto recommends against enabling file or
printer sharing unless you do so in strict compliance with all security
recommendations and features provided by Minto and the manufacturer of
the applicable file or printer sharing devices. Any files or devices
you choose to make available for shared access on a home LAN, for
example, should be protected with a strong password or as otherwise
It is also your responsibility to secure the Customer Equipment and any
other Premises equipment or programs not provided by Minto that connect
to the Service from external threats such as viruses, spam, bot nets,
and other methods of intrusion.
How does Minto address inappropriate content and transmissions?
Minto reserves the right to refuse to transmit or post, and to remove
or block, any information or materials, in whole or in part, that it,
in its sole discretion, deems to be in violation of the "Content and
information restrictions" section above in this Policy, harmful to its
network or subscribers using the Service, negatively affecting its
network or subscribers using the Service, or otherwise inappropriate,
regardless of whether this material or its dissemination is unlawful.
Neither Minto nor any of its affiliates, suppliers, or agents have any
obligation to monitor transmissions or postings (including, but not
limited to, e-mail, file transfer, newsgroup, and instant message
transmissions as well as materials available on the Personal Web Pages
and Online Storage features) made on the Service. However, Minto and
its affiliates, suppliers, and agents have the right to monitor these
transmissions and postings from time to time for violations of this
Policy and to disclose, block, or remove them in accordance with this
Policy and the Subscriber Agreement.
What requirements apply to electronic mail?
The Service may not be used to communicate or distribute e-mail or
other forms of communications in violation of the "Content and
information restrictions" section above in this Policy.
Minto is not responsible for deleting or forwarding any e-mail sent to
the wrong e-mail address by you or by someone else trying to send
e-mail to you. Minto is also not responsible for forwarding e-mail sent
to any account that has been suspended or terminated. This e-mail will
be returned to the sender, ignored, deleted, or stored temporarily at
Minto's sole discretion. In the event that Minto believes in its sole
discretion that any subscriber name, account name, or e-mail address
(collectively, an "identifier") on the Service may be used for, or is
being used for, any misleading, fraudulent, or other improper or
illegal purpose, Minto (i) reserves the right to block access to and
prevent the use of any of these identifiers and (ii) may at any time
require any subscriber to change his or her identifier. In addition,
Minto may at any time reserve any identifiers on the Service for
Minto's own purposes. In the event that a Service account is terminated
for any reason, all e-mail associated with that account (and any
secondary accounts) will be permanently deleted as well.
What requirements apply to newsgroups?
Messages posted to newsgroups must comply with the written charters,
policies, or frequently asked questions (FAQs) for those newsgroups as
well as any other terms and conditions applicable to any particular
newsgroups or provider of newsgroups. You are responsible for
determining the policies of a given newsgroup before posting to it.
Minto reserves the right to discontinue access to any newsgroup at any
time for any reason. Minto permits users of the Service to download a
fixed maximum of newsgroup content in any one month as specified in the
applicable newsgroup terms of service, unless users are subject to a
Service plan that permits downloading more newsgroup content.
What requirements apply to instant, video, and audio messages?
Each user is responsible for the contents of his or her instant, video,
and audio messages and the consequences of any of these messages. Minto
assumes no responsibility for the timeliness, mis-delivery, deletion,
or failure to store these messages. In the event that a Service account
is terminated for any reason, all instant, video, and audio messages
associated with that account (and any secondary accounts) will be
permanently deleted as well.
What requirements apply to personal web pages and file storage?
As part of the Service, Minto provides access to personal Web pages and
storage space through the Personal Web Pages and Online Storage
features (collectively, the "Personal Web Features"). You are solely
responsible for any information that you or others publish or store on
the Personal Web Features. You are also responsible for ensuring that
all content made available through the Personal Web Features is
appropriate for those who may have access to it. For example, you must
take appropriate precautions to prevent minors from receiving or
accessing inappropriate content. Minto reserves the right to remove,
block, or refuse to post or store any information or materials, in
whole or in part, that it, in its sole discretion, deems to be in
violation of the "Content and information restrictions" section above
in this Policy. For purposes of this Policy, "material" refers to all
forms of communications including narrative descriptions, graphics
(including photographs, illustrations, images, drawings, logos),
executable programs and scripts, video recordings, and audio
recordings. Minto may remove or block content contained on your
Personal Web Features and terminate your Personal Web Features and/or
your use of the Service if we determine that you have violated the
terms of this Policy.
III. Network Management and Limitations on Bandwidth Consumption
Why does Minto manage its network?
Minto manages its network with one goal: to deliver the best possible
broadband Internet experience to all of its subscribers. High-speed
bandwidth and network resources are not unlimited. Managing the network
is essential as Minto works to promote the use and enjoyment of the
Internet by all of its subscribers. The company uses reasonable network
management practices that are consistent with industry standards. Minto
tries to use tools and technologies that are minimally intrusive and,
in its independent judgment guided by industry experience, among the
best in class. Of course, the company's network management practices
will change and evolve along with the uses of the Internet and the
challenges and threats on the Internet.
The need to engage in network management is not limited to Minto. In
fact, all large Internet service providers manage their networks. Many
of them use the same or similar tools that Minto does. If the company
didn't manage its network, its subscribers would be subject to the
negative effects of spam, viruses, security attacks, network
congestion, and other risks and degradations of service. By engaging in
responsible network management including enforcement of this Policy,
Minto can deliver the best possible broadband Internet experience to
all of its subscribers.
How does Minto manage its network?
Minto uses various tools and techniques to manage its network, deliver
the Service, and ensure compliance with this Policy and the Subscriber
Agreement. These tools and techniques are dynamic, like the network and
its usage, and can and do change frequently. For example, these network
management activities may include (i) identifying spam and preventing
its delivery to subscriber e-mail accounts, (ii) detecting malicious
Internet traffic and preventing the distribution of viruses or other
harmful code or content, (iii) temporarily delaying peer-to-peer
sessions (or sessions using other applications or protocols) during
periods of high network congestion, (iv) limiting the number of
peer-to-peer sessions during periods of high network congestion, and
(v) using other tools and techniques that Minto may be required to
implement in order to meet its goal of delivering the best possible
broadband Internet experience to all of its subscribers.
Are there restrictions on bandwidth consumption that apply to the Service?
The Service is for personal and non-commercial residential use only.
Therefore, Minto reserves the right to suspend or terminate Service
accounts where bandwidth consumption is not characteristic of a typical
residential user of the Service as determined by the company in its
sole discretion. Common activities that may cause excessive bandwidth
consumption in violation of this Policy include, but are not limited
to, numerous or continuous bulk transfers of files and other high
capacity traffic using (i) file transfer protocol ("FTP"), (ii)
peer-to-peer applications, and (iii) newsgroups, whether provided by
Minto or a third party. You must also ensure that your use of the
Service does not restrict, inhibit, interfere with, or degrade any
other person's use of the Service, nor represent (as determined by
Minto in its sole discretion) an overly large burden on the network. In
addition, you must ensure that your use of the Service does not limit
or interfere with Minto's ability to deliver and monitor the Service or
any part of its network.
If you use the Service in violation of the restrictions referenced
above, that is a violation of this Policy. In these cases, Minto may,
in its sole discretion, suspend or terminate your Service account or
request that you subscribe to a version of the Service (such as a
commercial grade Internet service, if appropriate) if you wish to
continue to use the Service at higher bandwidth consumption levels.
Minto may also provide versions of the Service with different speed and
bandwidth consumption limitations, among other characteristics, subject
to applicable Service plans.
IV. Violation of this Acceptable Use Policy
What happens if you violate this Policy?
Minto reserves the right immediately to suspend or terminate your
Service account and terminate the Subscriber Agreement if you violate
the terms of this Policy or the Subscriber Agreement.
How does Minto enforce this Policy?
Minto does not routinely monitor the activity of individual Service
accounts for violations of this Policy, except for determining
aggregate bandwidth consumption in connection with the bandwidth
consumption provisions of this Policy. However, in the company's
efforts to promote good citizenship within the Internet community, it
will respond appropriately if it becomes aware of inappropriate use of
the Service. Minto has no obligation to monitor the Service and/or the
network. However, Minto and its suppliers reserve the right at any time
to monitor bandwidth, usage, transmissions, and content in order to,
among other things, operate the Service; identify violations of this
Policy; and/or protect the network, the Service and Minto users.
Minto prefers to inform subscribers of inappropriate activities and
give them a reasonable period of time in which to take corrective
action. Minto also prefers to have subscribers directly resolve any
disputes or disagreements they may have with others, whether
subscribers or not, without Minto's intervention. However, if the
Service is used in a way that Minto or its suppliers, in their sole
discretion, believe violates this Policy, Minto or its suppliers may
take any responsive actions they deem appropriate under the
circumstances with or without notice. These actions include, but are
not limited to, temporary or permanent removal of content, cancellation
of newsgroup posts, filtering of Internet transmissions, and the
immediate suspension or termination of all or any portion of the
Service. Neither Minto nor its affiliates, suppliers, or agents will
have any liability for any of these responsive actions. These actions
are not Minto's exclusive remedies and Minto may take any other legal
or technical actions it deems appropriate with or without notice.
Minto reserves the right to investigate suspected violations of this
Policy, including the gathering of information from the user or users
involved and the complaining party, if any, and examination of material
on Minto's servers and network. During an investigation, Minto may
suspend the account or accounts involved and/or remove or block
material that potentially violates this Policy. You expressly authorize
and consent to Minto and its suppliers cooperating with (i) law
enforcement authorities in the investigation of suspected legal
violations, and (ii) and system administrators at other Internet
service providers or other network or computing facilities in order to
enforce this Policy. Upon termination of your Service account, Minto is
authorized to delete any files, programs, data, e-mail and other
messages associated with your account (and any secondary accounts).
The failure of Minto or its suppliers to enforce this Policy, 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 Policy is held
invalid or unenforceable, that portion will be construed consistent
with applicable law as nearly as possible, and the remaining portions
will remain in full force and effect.
You agree to indemnify, defend and hold harmless Minto and its
affiliates, suppliers, and agents against all claims and expenses
(including reasonable legal fees) resulting from any violation of this
Policy. Your indemnification will survive any termination of the
V. Copyright Act Requirements
How do copyright owners report alleged infringements to Minto?
Copyright owners may report alleged infringements of their works that
are stored on the Service or the Personal Web Features by sending
Minto's authorized agent a notification of claimed infringement that
satisfies the requirements of the Copyright Act. Upon Minto's receipt
of a satisfactory notice of claimed infringement for these works, Minto
will respond expeditiously to either directly or indirectly (i) remove
the allegedly infringing work(s) stored on the Service or the Personal
Web Features or (ii) disable access to the work(s). Minto will also
notify the affected subscriber or user of the Service of the removal or
disabling of access to the work(s).
Copyright owners may use their own notification of claimed infringement
form that satisfies the requirements of the Copyright Act. Under the
Act, anyone who knowingly makes misrepresentations regarding alleged
copyright infringement may be liable to Minto, the alleged infringer,
and the affected copyright owner for any damages incurred in connection
with the removal, blocking, or replacement of allegedly infringing
What can subscribers do if they receive a notification of alleged infringement?
If you receive a notification of alleged infringement as described
above, and you believe in good faith that the allegedly infringing
works have been removed or blocked by mistake or misidentification,
then you may send a counter notification to Minto. Upon Minto's receipt
of a counter notification that satisfies the requirements of DMCA,
Minto will provide a copy of the counter notification to the person who
sent the original notification of claimed infringement and will follow
the DMCA's procedures with respect to a received counter notification.
In all events, you expressly agree that Minto will not be a party to
any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you,
you can file a counter notification with Minto's designated agent using
the contact information shown above. All counter notifications must
satisfy the requirements of the Copyright Act.
Revised and effective: August 05, 2008
Copyright The Minto Communications Society, 2008