Acceptable Use Policy

INTRODUCTION

Differ Communications Limited (“we”, “us”, “our”) takes its legal obligations seriously and is committed to being a responsible digital citizen. We have prepared this Acceptable Use Policy (“AUP”) to ensure that you and our other customers access our Service legally, and do not use the Service in a manner that we consider unreasonable or unacceptable.

This AUP has been implemented to protect our customers and make sure everyone gets the best experience possible. It sets out your responsibilities when you access and use the Service, including any content that you transmit online. It also confirms steps we may take to ensure and monitor compliance with this AUP, as well as setting out our responsibilities to comply with directions from regulatory and other law enforcement bodies.

WHAT YOU MUST DO

Please read this AUP very carefully. It contains important information and forms part of the Agreement that you enter into with us to use the Service. If you violate this AUP, it will constitute a breach of the terms and conditions of your Agreement and may result in the termination or suspension of the Service.

We may amend this AUP at any time and will notify you of any changes by sending you an email or posting a notice on our website. The amended AUP will be effective from the date of notification or later date set out in the AUP. Capitalized words in this UAP will have the meaning given to them in the Terms of Service.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AUP, AS AMENDED FROM TIME TO TIME, STOP USING THE SERVICE IMMEDIATELY AND NOTIFY US THAT YOU WANT TO CANCEL THE SERVICE.

RESTRICTIONS ON YOUR USE

The Service is a consumer product and is not intended to be used for commercial purposes. You must be at least 18 years old (or the legal age of majority in your jurisdiction of residence) to enroll in the Service.

The Service is sold for your personal use only and you agree to use it in a legal and responsible manner. Use of the Service by commercial, enterprise, governmental or institutional users is prohibited. Bandwidth abuse or excessive use, which negatively impacts the Service or its users, will not be tolerated.

You must not assign, transfer, resell, or licence the Service to others, either as a stand-alone or value-added service. You cannot use the Service to provide internet access, or any other feature of the Service, to a third party. You acknowledge that you are only authorized to access the Service at the property identified on your Order, and you will not divert the Service to any other locations. Do not provide us with false user information or share your user identification or password with others for the purpose of concurrent login sessions from the same account. Advise us immediately of any security breach, such as compromise of your account information, so we can change your password and provide further assistance.

You are solely responsible for the security of your account, device and system, including password protection, and we cannot guarantee the privacy of personal information you may transmit through the Service. We are not responsible for the consequences of your failure to employ adequate security measures to protect your data or prevent unauthorized access to your account, nor for any corrupted files, viruses, trojan horses, worms, logic bombs, cancelbots, malware, hoaxes, or other software or material that are malicious, disruptive or technologically harmful, which affect you or your Service.

IMPACTS ON THE SERVICE

Do not violate, attempt to violate, or knowingly facilitate the violation of the security, operation or integrity of the Service or the Network. Without limitation, you must not:

use the Service in any manner that could disable, overload, burden, disrupt or damage the Service or the Network;
decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct any software or equipment supplied by or through us by any means whatsoever, without our prior written consent;
use any device, software, or routine that interferes with the proper working of the Service or the Network;
engage in any other conduct that may impair the operations or efficiency of the Service or the Network, or affect our ability to effectively service requests from other users;
commit any act that may compromise the security of the Service or the Network, including analyzing or penetrating our security mechanisms;
use any manual process, automatic device, or other means to access the Network for any unauthorized purpose, including monitoring or copying any traffic or resources available on the Network; or
exceed any usage, data storage or other limitations on the Service or the Network, or any applicable and lawful requirement imposed by another telecommunications provider that provides any input into the Service.

You acknowledge that we administer and enforce cybersecurity policies and procedures to identify and respond to incidents involving our data, mitigate the effects of any such incidents, document their outcomes, and notify appropriate stakeholders (including authorities and affected data subjects, as appropriate).

ACTIVITIES AFFECTING OTHERS

Do not use the Service in any manner which improperly interferes with or is detrimental to another person’s use of the Service or for illegal or unlawful purposes. Without limitation, you must not:

gain unauthorized access to private or personal information;
restrict, inhibit, or disrupt use of the Service, the Network or any other computer networking or telecommunications systems;
attempt to access, interfere with, or damage another computer, device, database, or other resource;
introduce any viruses, trojan horses, worms, logic bombs, cancelbots, malware, hoaxes, or other software or material which is malicious, disruptive or technologically harmful;
attempt to hack operator privileges, crash a host, or conduct a phishing or denial of service attack;
store or distribute any pirated software, or any other materials that are not expressly licensed to you;
transmit unsolicited or unwanted messages which causes significant disruption to, or elicits complaints from, others;
send unsolicited commercial emails or use automated dialers to make unsolicited promotional voice calls; or
violate the rights of any other person or breach any applicable laws and/or regulations.

‍BE CAREFUL ABOUT YOUR CONTENT

You are solely responsible for the content you transmit through the Service and the Network. This includes any text, graphics (including photographs, illustrations, images, drawings, logos), executable programs, files, audiovisual recordings, audio recordings or other forms of communications that may be transmitted via email, website postings, text or chat services, or other online activity (“Content”). Be aware that Content you transmit may be the subject of unauthorized interception and review by third parties outside of our control.

You must not use the Service to send, upload, download, reproduce, store, post, publish, distribute, make available or knowingly receive any Content which:

is prohibited by law or otherwise;
is defamatory, fraudulent or deceptive;
is threatening, abusive, inflammatory, harassing, hateful, discriminatory, harmful or malicious;
is obscene, offensive or otherwise objectionable;
constitutes a criminal offence, encourages illegal activity or advocates, promotes, or assists any unlawful act or omission;
contains forged headers or otherwise manipulated identifiers to disguise the origin of the Content;
could give rise to any civil or criminal liability under applicable laws or regulations;
impersonates any person or misrepresents your identity or affiliation with any person or organization;
constitutes an invasion of privacy, appropriation of personality, or unauthorized linking or framing;
contains unsolicited advertising, contests or promotional material (including any junk mail, chain letters, spam, or mail bombing);
infringes any copyright, trademark, patent, trade secret or other intellectual property of any person; or
is expressly prohibited by the rules of the applicable website or service provider or is otherwise not authorized by its administrators.

Some Content available or accessible through the Service may be offensive to you or may not comply with applicable laws. We do not attempt to censor or monitor third-party Content and we encourage you to use appropriate warnings and precautions in respect of Content which is likely to be considered unsuitable for children. You also understand that such Content may be subject to "caching" at intermediate locations on the internet when being accessed through the Service. You assume total responsibility, liability and risk for access to or use of third-party Content, and we assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

WE CAN MONITOR YOUR ACTIVITIES AND TAKE NECESSARY ACTION

We are under no obligation to monitor your activity or any Content you transmit using the Service. However, we may from time to time do so to manage, operate or protect the Service or the Network, to protect us, our other customers and the public, as well as to ensure you are complying with the terms of this AUP.

If we become aware of a potential violation of this AUP or receive a complaint relating to your access to the Network or use of the Service, we'll endeavour to work with you to resolve the issue. We take compliance with this AUP seriously and will offer full co-operation with applicable authorities in connection with any investigation arising from a breach. We reserve the right to act without notice to you when we deem it necessary.

We have the right, in our sole discretion and at any time, to:

monitor your use of the Service for any purpose;
determine whether your conduct is in compliance with this AUP;
issue you with a formal warning or require that you take action to remedy any violation of this AUP;
access or preserve any of your Content or information;
move, remove, or refuse to post any Content, in whole or in part, that it we consider to be in violation of this AUP;
restrict, limit, block, suspend or cancel your access to the Service for any violation of this AUP;
disclose your identity or other information about you (or anyone who accesses or uses your account) to any law enforcement, judicial or statutory authority that requests or directs us to provide information about you; and
take any other action we deem necessary or appropriate, including referral to law enforcement, if we believe your conduct violates this AUP.

We will generally provide you with prior notice of any action we decide to take unless the law prohibits us from doing so. Upon termination of any account, we may delete any Content associated with the account. We will have no liability for any such responsive actions.

A violation of this AUP by any person acting on your behalf or having indirect access to the Service through your account will be considered a violation by you, whether or not you had knowledge or provided consent to such use. We do not assume liability to you or any other person for enforcing, or failing to enforce, the terms of this AUP.

If we spend time or incur any expenses in processing or investigating a complaint relating to your access to the Network or use of the Service, we may apply an administration fee to your account. This will not limit any other right or remedy that we may have against you to take any other legal or technical action deemed appropriate or recover any loss, damage or costs suffered or incurred by us. Refunds or credits will not be issued in connection with actions taken against you for violations of this AUP.

Any failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of our right to do so at any time. If any portion of this AUP 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. This AUP shall be exclusively governed by and construed in accordance with the governing law provision set out in the Terms of Service.

WANT TO KNOW MORE?

If you don’t understand this AUP, or have any questions about it, you can get in touch by:

Telephone: 1-855-5-DIFFER;
Email: info@differ.ca;
In writing: DIFFER Communications Ltd

Re: AUP Questions
1805-45 Alderney Drive
Dartmouth, NS B2Y2N6

Any harassing or abusive language or actions towards our employees, suppliers, agents and representatives is not acceptable and will not be tolerated.

You may submit a complaint regarding any known or suspected violation of this AUP to info@differ.ca . Please include any details or supporting material necessary to assist us to investigate or resolve the complaint.