SINIRJI Acceptable Use Policy (AUP)
Last Updated: 24-10-2016
We reserve the right to change this AUP from time to time by posting an amended AUP to the SINIRJI Website. When we do, we will also revise the 'last update' date of this AUP. Any such revised General AUP will supersede prior versions and, unless otherwise noted, will be effective upon the effective date indicated at the top of page. You agree that it is your responsibility to review this AUP periodically. We will post notice of any material changes or revisions via SINIRJI’s account portal or via the email address we have on file for you. For non-material revisions, we will only revise the “last update” date at the top of the page, but we may not provide you with any other notification. If you do not agree to such revised AUP, you should cease and refrain from accessing SINIRJI. USERS ARE BOUND BY CHANGES TO THE AUP SINCE SINIRJI WAS LAST ACCESSED IF THEY ACCESS SINIRJI AFTER THE LAST REVISION DATE. Your continued use of SINIRJI after such update will constitute acceptance by you of such amendment.
AS USED HEREIN, THE TERMS “STI” “WE” “OUR” AND “US” SHALL MEAN SYMPOSIUM TECHNOLOGIES INCORPORATED, A CANADIAN CORPORATION WITH OFFICES LOCATED AT 1 YONGE STREET, SUITE 1801, TORONTO, ONTARIO, CANADA M5E 1W7. THE TERMS “YOU”, 'YOUR', “YOURSELF” AND “THE USER” SHALL MEAN ANYONE WHO ACCESSES OR USES SINIRJI (“SINIRJI”). IF YOU ARE AGREEING TO THIS AUP ON BEHALF OF A COMPANY, BUSINESS, CORPORATION, ORGANIZATION, OR EDUCATIONAL INSTITUTION, OR AN AGENCY, INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT, OR ANY OTHER PARTY (AN “ENTITY”) AS ITS REPRESENTATIVE, REFERENCES TO “YOU”, 'YOUR', “YOURSELF” AND “THE USER” HEREIN REFER TO BOTH YOU, THE INDIVIDUAL USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE AGREEING TO THIS AUP.
This AUP describes actions that STI prohibits when you use SINIRJI. The AUP is governed by the Symposium Technologies SINIRJI Terms of Service. These Terms of Service take precedence over any conflicting AUP provision. BY ACCESSING OR USING SINIRJI OR ACCESSING THE SINIRJI WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AUP, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THIS AUP AND YOU USE OR ACCESS SINIRJI OR ACCESS THIS WEBSITE ANYWAY, THEN YOU ARE BE DEEMED TO HAVE AGREED TO THIS AUP.
STI may in its sole discretion determine whether you are in violation of this AUP. SINIRJI may be used only for lawful purposes and may not be used for promoting or engaging in any illegal activities. Using SINIRJI in an illegal, abusive or any other manner that interferes with or diminishes STI’s business activities, or others' use and enjoyment of SINIRJI is prohibited.
The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using SINIRJI. PLEASE NOTE: THIS LIST IS PROVIDED BY WAY OF EXAMPLE AND SHALL NOT BE CONSIDERED EXHAUSTIVE. ALL DETERMINATIONS RELATED TO VIOLATIONS OF THIS AUP WILL BE MADE BY STI IN ITS SOLE DISCRETION.
• Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on SINIRJI, or any conduct that adversely impacts the availability, reliability, or stability of SINIRJI.
• Attempting to bypass or break any security or identification systems or mechanisms of SINIRJI or using SINIRJI in any other manner that poses a security or service risk to SINIRJI, to STI, to any user of SINIRJI, or to any of our or their respective customers.
• Testing or reverse-engineering SINIRJI in order to find limitations, vulnerabilities or evade filtering capabilities.
• Using SINIRJI in any manner that violates any applicable third party policies or requirements that STI has communicated to the customer.
• Using SINIRJI in any manner that may subject STI or any third party to liability, damages or danger.
• Engaging in fraud with respect to your SINIRJI Account, or using SINIRJI to engage in fraudulent activity with respect to third parties.
• Engaging in activities or transmitting through SINIRJI any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, and Bill C-37, An Act to amend the Telecommunications Act, or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction.
• Using SINIRJI in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction).
• Using SINIRJI in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
• Harvesting or otherwise collecting information about others, including email addresses or phone numbers, from SINIRJI without their express consent.
• Creating a false identity or forged email address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message using your SINIRJI Account.
• Using SINIRJI to transmit any material that infringes the intellectual property rights or other rights of third parties.
• Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs or code.
• Using SINIRJI in a manner that is not designed to enhance or augment the person-to-person nature of communications.
• Using SINIRJI to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, Ontario’s Personal Health Information Protection Act (“PHIPA”) or any individually or personally identifiable health or medical information as defined under legislative equivalents in other legal jurisdictions.
• Improperly engaging in activity which the United States Federal Communications Commission, the Canadian Radio and Telecommunications Commission, or any other similar regulatory body have restricted or regulated with regard to proper use of the public telephony, telecommunications, or internet networks, or violating or facilitating the violation of any U.S., Canadian or foreign law regarding the transmission of data or software.
• Interfering with or disrupting networks connected to SINIRJI or violating the regulations, policies or procedures of such networks.
• Using any of the STI Marks other than as expressly permitted in the SINIRJI Terms of Service.
• Taking any action to participate in, encourage, or promote any activity prohibited under this AUP or the SINIRJI Terms of Service.
• Using SINIRJI or any part thereof, in a manner not authorized by STI.
Remedies
Violation of this AUP may result in the immediate suspension or termination of your account, civil and/or criminal liability, and STI may, in addition to any remedy that it may have at law or in equity, terminate permission for you to use SINIRJI. In such event, you are still liable for any and all outstanding charges accumulated through your use of SINIRJI, including uses in violation of this AUP or the laws of any jurisdiction. In addition, STI may investigate incidents that are contrary to this AUP and provide requested information to third parties who have provided notice to STI stating that they have been harmed by your failure to abide by this AUP. STI's failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of STI's rights hereunder.