Rogers Anyplace TV Terms of Service and Acceptable Use Policy
Rogers Anyplace TV Terms of Service
Welcome to Rogers Anyplace TV (formerly, Rogers On Demand Online), a video streaming service (the “Service”) provided by Rogers Communications Partnership and its affiliates (collectively, “us”, “we”, “our” or "Rogers"). The Service offers streaming of digitized versions of movies, television shows, music videos, sporting events, news events and other video content (the “Content”) available to you on http://www.rogersanyplacetv.com, http://www.rogersondemand.com or any software application that you have downloaded (“Software”) to view the Content (each, a “Site”) from time to time. “You” and “your” means, as applicable, you and every person who uses the Service through your account. Please read these terms of service (“Terms”) carefully before you use a Site. By using any Site, you agree to abide by these Terms. If you don’t agree to comply with these Terms, then you may not use any Site. In these Terms, “residents of Québec” means residents of Québec to whom the Consumer Protection Act (Québec) applies in connection with the use of a Site and the Service.
2. Availability and Access
Availability. The Service is only available to users of a Site while in Canada who have registered for the Service, although limited portions of the Service are available without registration. Even if you have registered for the Service, you will not be able to view Content or order any Paid Content (as defined below) when you are outside of Canada.
Access. Not all aspects of the Service, including, without limitation, certain Content viewing and access to high-quality video, will be available to you unless the applicable personal computer, gaming device, tablet device, mobile device or other digital device (each a “Digital Device”) you use to access the Service and your Internet connection satisfy the Service’s minimum technical requirements available at http://www.rogersanyplacetv.com/help Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Digital Device and Internet connection as necessary to meet such requirements.
3. Registration, Account and Password
To obtain access to most of the Content, you will be required to register. As part of the registration process, you will select a user name and a password and provide certain information. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use the Service under the name of, another person. You agree to promptly update such information as necessary to ensure that it is kept accurate and complete, including, without limitation, any credit card information you designate for payment of Paid Content. If you do not update such information when necessary, then you may not be able to access the Content. We may reject or terminate any user name that we, in our judgment, deem unacceptable. You will be responsible for preserving the confidentiality of your password and will notify us immediately of any known or suspected unauthorized use of your account and agree to take such reasonable steps as are necessary to prevent any reoccurrence of such event. If at any time you have forgotten both your user name and password and we are otherwise unable to verify your identity, then we may take any action that we deem appropriate, including, without limitation, deleting your account. At that time, if your account has any unviewed Paid Content, then your sole remedy is a refund of the price paid for any such Paid Content. You may be held liable for any loss or damage incurred by Rogers or any other user or visitor to a Site due to another party using your account or password.
General. We may modify these Terms at any time at our sole discretion and such modifications will become effective immediately upon posting to a Site. You agree to review these Terms regularly for updates by checking the date below. Your continued use of a Site after any such modifications are posted will constitute acceptance of those modifications.
Registered Users. If you have registered to access the Service on a Site, then we may modify these Terms or change any aspect of any Subscription Content (as defined below) you may have ordered at any time at our sole discretion, upon no less than 30 days' prior written notice to you. If you do not accept any modification to these Terms or change to Subscription Content, then your sole remedy is to terminate these Terms by no longer using any Site and the Service or terminate the affected Subscription Content, as the case may be, by sending us a notice to that effect no later than 30 days after the modification or change takes effect.
6. Paid Content
The following additional terms apply to Content available for rental (the "Rental Content") and viewing on a subscription basis (the "Subscription Content" and, together with the Rental Content, the "Paid Content"):
Pricing. All prices listed on a Site are in Canadian dollars. Prices and availability of the Paid Content are subject to change at any time.
Agreement to Pay. You agree to pay for all Paid Content ordered through your account. Payment must be made using a valid credit card (Visa, MasterCard or American Express) or by charging your purchase to your Rogers bill. If paying by credit card, you authorize us to charge the credit card that you provide to us the amount representing the price of the Paid Content that you ordered (plus applicable taxes), which may be on a periodic basis for certain Subscription Content, as indicated when you place an order. If your Subscription Content includes a free trial, then you acknowledge that your credit card will be authorized for up to the amount representing the price of such Subscription Content during the free trial, however, your credit card will not be charged until after the end of the free trial. In the event of a credit card chargeback, the Paid Content that you ordered will not be accessible until resolution of the chargeback and there will be no refund for the period that your Paid Content is inaccessible. If charging your purchase to your Rogers bill, such purchase will be governed by the Rogers Terms of Service.
Additional Terms. Additional terms and conditions applicable to Rental Content ("Rental Terms") and Subscription Content ("Subscription Terms"), including, without limitation, the length of the rental period or subscription period, as the case may be, will be presented to you prior to ordering such Rental Content or Subscription Content, as applicable. If you order Rental Content or Subscription Content, then any applicable Rental Terms or Subscription Terms are hereby incorporated into these Terms.
Purchase Confirmation. Once you have completed your Paid Content order, you will receive an email confirming your order. Please keep this email as it is your receipt for Paid Content ordered and includes your transaction number and any applicable Rental Terms and Subscription Terms.
Refunds. All Paid Content sales are final: there are no refunds, exchanges or credits for any reason, except in the following limited circumstances:
- If technical problems beyond your control prevent you from accessing Paid Content during the applicable rental or subscription period, as the case may be, then your sole remedy is to request a refund of the price paid for any such Rental Content or the affected portion of any such Subscription Content within 10 days of such technical problems.
- If we have deleted your account with unviewed Paid Content, you may receive a refund in the circumstances more fully described at Section 3.
With respect to Software that you have downloaded from Rogers related to the use of the Service:
(a) Licence. Rogers grants to you a limited, non-exclusive, non-transferable, no-fee, revocable licence to install and use one copy of the executable code of the Software on each Digital Device that is connected to the Service. All other rights are reserved to Rogers, its licensors or suppliers.
(b) Restrictions. You acknowledge and agree that you have been granted a licence and not a transfer of ownership in the Software. You may not:
- Rent, lease, sell, sublicense, assign, distribute or otherwise transfer any portion of the Software or use it for any purpose other than in association with the Service;
- Reverse engineer, decompile or disassemble any portion of the Software, except and only to the extent that this limitation is expressly prohibited by applicable law;
- Copy, modify, alter or tamper with the Software (including without limitation the removal of any copyright or other proprietary notices from the Software) or create any derivative works of the Software; or
- Attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms.
(c) Data Maintenance, Support, and Software Updates/Changes (if applicable).
- Rogers may elect to provide you with customer support and/or Software upgrades, enhancements or modifications (collectively, "Support"), in its sole discretion, and may terminate this Support at any time without notice to you.
- Rogers may, without notice or liability, collect non-personal information regarding your Digital Device(s), hardware and software during the installation and/or use of the Software.
- Rogers may change, suspend or discontinue any aspect of the Software at any time, including the availability of any Software feature, database, or content.
- Rogers may impose limits on certain features and services or restrict your access to parts or all of the Software or the Service without notice or liability.
- Rogers, its licensors and other third party suppliers reserve the right to delete data from their servers, or prevent access to their servers or to change data categories for any reason that Rogers or third parties deem sufficient in their sole discretion at any time, without notice.
- Nothing in these Terms imposes upon Rogers or Rogers' licensors any obligation to provide you with new, enhanced or additional Support at any time.
- Rogers may connect remotely to and run scripts on your Digital Device(s). As part of remote Support, Rogers and its agents will have full access to your Digital Device(s).
(d) No Multiple Users. You agree to cause all persons who use the Software through your Digital Device(s) to observe and comply with the Terms respecting such use. You further agree that you are solely responsible and liable for any and all breaches of the Terms, whether such breach is the result of use of the Software by you or by any other user of your Digital Device(s).
8. Ownership and Copyright
Except for the limited rights explicitly granted to you under these Terms, all right, title, interest and intellectual property rights in and to: (i) the Service and any Site and each component thereof; and (ii) any Content available through the Service and any Site, are the property of their respective owners and are protected by applicable trademark, copyright and/or other intellectual property laws and treaties.
Without limiting the generality of the foregoing, you do not acquire any ownership rights in the Content as a result of accessing it, nor are you granted any rights for sale, resale, reproduction, licensing, sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use, for commercial or non-commercial purposes with respect to the Content, other than for your own personal use and enjoyment. You agree to abide by all copyright notices, information and restrictions contained in or displayed with the Content. These Terms do not grant you any licence or other rights in connection with any trademarks or logos appearing on any Site. You may not use any trademark or service mark appearing on any Site without the prior written consent of the rightful owner. You are hereby advised that Rogers will aggressively enforce our intellectual property rights to the fullest extent permitted by law, and that owners of any other intellectual property rights may also do so against you personally.
9. Other Contents and Links
Rogers is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. Unless otherwise indicated, such sites have been independently developed by third parties. A link to another site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Rogers or its Content providers or licensors. Any dealings you have with advertisers found while using the Service are between you and the advertiser. You acknowledge and agree that Rogers is not responsible or liable to you for any content or other materials hosted and served from any website other than a Site.
10. Content Usage Restrictions
General. You may display and print for your personal, non-commercial use any information or Content you receive through a Site, but you may not otherwise reproduce, duplicate, copy, translate, broadcast, display, sell, transmit, license, sub-license, publish or modify any of the Content without the prior written consent of the owner. Unless otherwise permitted through a Site, you may not distribute copies of Content or materials found on a Site in any form (including by email or other electronic means), without the prior written consent of the owner. Of course, you may encourage others to access the information themselves on a Site and to tell them how to find it.
Links. We welcome links to the homepage of a Site. You may only establish a hypertext link to the homepage of a Site if: (i) the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Rogers or create the false appearance that an entity is associated with or sponsored by us and, (ii) the appearance, position and other aspects of the link does not damage or dilute the goodwill associated with us or our trademarks. We do not permit framing or inline linking to a Site or any portion of it.
11. Submissions and Postings
With respect to any content that you upload, post, transmit, distribute or otherwise make available for inclusion on a Site (your “Contributions”), you must be, or have first obtained permission from, the rightful owner of any such content that you post. You acknowledge and agree that any of your Contributions will be treated as non-confidential and non-proprietary. By submitting your Contributions, you represent and warrant that: (i) you own such Contributions or otherwise have the right to grant, and do hereby grant, to Rogers the world-wide, royalty-free, non-exclusive, perpetual, irrevocable, fully sub-licensable and transferable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate, publicly perform and publicly display your Contributions, and to incorporate them into other works in any format or medium now known or later developed; and (ii) all moral rights in such Contributions are waived by you. We have the right, but not the obligation, to monitor or investigate any of your Contributions posted to a Site. We may also access or preserve your Contributions to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with these Terms or any policies, or protect ourselves, our customers or the public. We may, without notice or liability, move, remove, edit, delete or refuse to post any of your Contributions, in whole or in part, that we decide in our sole discretion is unacceptable, undesirable or in violation of any law, these Terms or our Acceptable Use Policy. Rogers will not be liable to you with respect to our deletion of any of your Contributions.
12. Prohibited Activities
Your use of a Site, the Service and the Content and any of your Contributions to a Site must comply with these Terms, all applicable laws and our Acceptable Use Policy, which accompanies these Terms and is available at http://www.rogers.com/terms. For greater certainty, the term “Services” in our Acceptable Use Policy includes the Service.
13. Responsibility for Minors
If you have authorized a minor to use a Site or the Service, then you agree to be fully responsible for: (i) controlling the minor’s access to and use of that Site or the Service; and (ii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Site and some of the Content may include material that is inappropriate for minors.
14. Suspension and Termination
By Rogers. Rogers may at any time, without notice to you, restrict, block, suspend or terminate any or all of your use of a Site (or any portion thereof), the Services or your account if you fail to comply in full with any of these Terms or any other terms, agreements, or policies (including, without limitation, our Acceptable Use Policy) that apply to a Site and the use of it. Any such termination will not relieve you of any obligation to pay fees accrued prior to such termination.
Of the Service. Subject to subsection 14(c), Rogers may at any time, without notice, liability or refund, suspend or discontinue the Service (or any portion thereof). With respect to Software, your right to use the Software will terminate automatically if the Service with which the Software is used is terminated or expired. Upon termination of your right to use the Software for any reason, you must delete the Software.
- Not applicable to residents of Québec: Rogers may discontinue any Subscription Content upon no less than 30 days’ advance written notice to you if you subscribe to such Subscription Content. Unless otherwise set out in any applicable Subscription Terms, you may terminate your recurring subscription to Subscription Content at any time by sending us a written, dated notice to the email address specified at Section 19. Such termination (including your loss of access to the terminated Subscription Content) will be effective upon our receipt of your notice or a future date specified therein (if applicable), whichever is later. You will not be refunded for the portion of any subscription period not completed as of the termination date.
- Applicable only to residents of Québec: Rogers may discontinue any Subscription Content upon no less than 60 days’ advance written notice to you if you subscribe to such Subscription Content. Unless otherwise set out in any applicable Subscription Terms, you may terminate your recurring subscription to Subscription Content at any time by sending us a written, dated notice to the email address specified at Section 19. Such termination (including your loss of access to the terminated Subscription Content) will be effective upon the date of the notice or a future date specified therein (if applicable), whichever is later.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Rogers and its affiliates, licensors, suppliers and agents (and each of their respective directors, officers, employees, shareholders and representatives) (collectively, the “Rogers Parties”) from and against all claims, liability, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs and expenses, including all reasonable legal fees and other litigation expenses, arising out of: (i) your breach of any provision of these Terms or our Acceptable Use Policy; (ii) your use or misuse of a Site or the Content and the placement or transmission of your Contributions on a Site made by you or others using your account; (iii) with respect to Software, your use of or inability to use the Software; or (iv) any violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party. Rogers may, in its sole discretion and at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim. Your indemnification shall survive any termination of your right to use a Site and the Service.
16. No Warranties
All Sites, the Service and all Content, material, information or postings found on or accessed through a Site, are provided on an "as is" basis. To the maximum extent permitted by applicable law, the Rogers Parties expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to a Site, the Service or the Content contained in or accessed through a Site. To the maximum extent permitted by applicable law, none of the Rogers Parties makes any representations or warranties as to the performance, availability, accuracy, timeliness, reliability, secure operation, truthfulness or completeness of a Site, the Service or the Content contained in or accessed through a Site, including, without limitation, the contents, transmission or delivery of any Content, information, material, or posting found on a Site, any services provided through a Site (including the Service), or any links to other sites made available on a Site or the content contained on such site(s), or, for Software, the operation of the Software or any feature of the Software. To the maximum extent permitted by applicable law, none of the Rogers Parties makes any representations or warranties that a Site or access to and use of a Site will be continuous, accurate, uninterrupted, error-free, or free from defects, viruses or other harmful codes or components. With respect to Software, to the maximum extent permitted by applicable law, all representations, warranties and conditions of any kind, express or implied, are hereby excluded including any related to completeness of response, results and workmanlike effort for the Software. You expressly agree that use of a Site and the Service are at your sole risk.
Information provided on a Site may contain references or cross-references to Rogers products and services that are not available in your local area and Rogers makes no representations or warranties as to the availability of such products and services in your local area and such references do not imply that Rogers intends to provide such products or services in your local area. Rogers recommends that you consult with your nearest Rogers location for information regarding the products and services which may be available to you in your local area.
17. Limitations of Liability
(a) Not applicable to residents of Québec: To the maximum extent permitted by applicable law, under no circumstances, including without limitation, negligence, gross negligence, negligent misrepresentation and fundamental breach, shall any of the Rogers Parties be liable to you or any third party for:
- any direct, indirect, incidental, special, consequential, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction, interception, misdelivery or alteration of data, files, software or other information, breach of privacy or security, property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) or any loss that results from the Support for any Software, the use of, or the inability to use, a Site, the Service or any Content, information, material, or postings on a Site (including, without limitation, your Contributions), directly or indirectly, or the transmission of confidential or sensitive information over the Internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that none of the Rogers Parties shall be liable for any defamatory, offensive or illegal conduct of any user, including you; and
- any losses, claims, damages, expenses, liabilities or costs (including, without limitation, reasonable legal fees and other litigation expenses) resulting directly or indirectly out of, or otherwise arising in connection with, any claim that the use or intended use of the Software infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. These limits apply to any act or omission of any of the Rogers Parties, whether or not such acts or omissions would otherwise give rise to claims or causes of action in contract, tort, pursuant to statute or pursuant to any other doctrine of law.
(b) Applicable only to residents of Québec: Except for damages resulting from a Rogers Party's own act, the Rogers Parties will not be liable to you or any third party for:
- any damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction, interception, misdelivery or alteration of data, files, software or other information, breach of privacy or security or property damage) or any loss that results from the Support for any Software, the use of, or the inability to use, a Site, the Service or any Content, information, material, or postings on a Site (including, without limitation, your Contributions), directly or indirectly, or the transmission of confidential or sensitive information over the Internet. You specifically acknowledge and agree that none of the Rogers Parties shall be liable for any defamatory, offensive or illegal conduct of any user, including you; and
- any losses, claims, damages, expenses, liabilities or costs (including, without limitation, reasonable legal fees and other litigation expenses) resulting directly or indirectly out of, or otherwise arising in connection with, any claim that the use or intended use of the Software infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.
Not applicable to residents of Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:
- these Terms, including without limitation any licence granted under these Terms;
- the Service or a Site;
- oral or written statements, advertisements or promotions relating to these Terms, the Service or a Site; or
- the relationships that result from these Terms.
Not applicable to residents of Québec: Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. Rogers will pay all reasonable costs associated with any such arbitration. Any such arbitration will be conducted in accordance with our Arbitration Protocol, which is available at http://www.rogers.com/terms.
To contact Rogers in connection with a Site, send an email to email@example.com.
20. Other Important Terms
These Terms are governed exclusively by the laws of the province in which you reside, but if you reside outside of Canada, then these Terms are governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles, and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province. These Terms, as amended from time to time, any applicable Rental Terms and Subscription Terms, any other documents referenced herein and any rules, policies, guidelines or other agreements posted on a Site by Rogers constitute the entire agreement between Rogers and you with respect to your use of a Site and the Service. Either party’s failure to insist upon or enforce strict performance of any provision of this Agreement does not mean that such party has waived any provision or right in this Agreement. No waiver by either Rogers or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. If any portion of these Terms is unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect Rogers' original intentions and the remainder of the provisions shall remain in full force and effect. Neither the course of conduct between you and Rogers nor trade practice shall act to modify any provision of these Terms. These Terms enure to the benefit of and are binding on you, your heirs and your legal personal representatives and on your and Rogers' respective successors and assigns. You may not assign or transfer these Terms without our prior consent. We may assign or transfer these Terms or any of our rights or obligations hereunder without your consent. The provisions of Sections 14-18 and 20 survive termination of the Service.
If you are dissatisfied with a Site or with these Terms, then your sole remedy is to stop using all Sites. In such an event, you agree to destroy all materials obtained by you on any Site and all copies thereof. These Terms shall survive any such termination.
These Terms been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
Any notice of a claim must be given to the Rogers Legal Department, 333 Bloor Street East, Toronto, Ontario M4W 1G9. Any notice shall be deemed to have been given on the date on which it was sent by the party giving the notice.
Last Updated on February 21, 2012.
Rogers Anyplace TV Acceptable Use Policy
Important Note: Rogers may revise this Acceptable Use Policy (“AUP”) from time to time without notice by posting a new version at rogers.com/terms. Accordingly, subscribers should consult this document regularly to ensure that their activities conform to the most recent version. Please direct any questions or comments regarding this AUP and complaints of violations of this AUP by subscribers to firstname.lastname@example.org. Except where otherwise indicated, “you” and “your” means you and every person who uses the Services through your account.
When using our Services, related Equipment and any products, content, applications or services in conjunction with the Services or Equipment, you must comply with all applicable laws, and our policies, rules and limits including this AUP. This AUP supplements and is incorporated into the Rogers Terms of Service (the “Terms”), which is available at rogers.com/terms. Unless otherwise defined in this AUP, defined terms have the meanings given to them in the Terms.
“Services” refers to any or all of Rogers’ wireless services, Internet access services, phone service, television services or other services that you subscribe to or receive from Rogers. With respect to your Internet access services, in particular, Rogers has joined forces with Yahoo! Inc. (“Yahoo!”) to provide Rogers’ customers with enhanced Internet services that include various communications tools, personalized content and other programming provided through Yahoo!’s network of properties. The Rogers Internet access services and Yahoo! services are collectively referred to in this AUP as “Internet Services” or Services generally.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY ROGERS THAT YOU ARE TERMINATING THE SERVICES.
Without limitation, you may not use (or allow anyone else to use) our Services to:
- use, possess, post, upload, transmit, disseminate or otherwise make available content that is unlawful or violates the copyright or other intellectual property rights of others (as described in more detail below);
- participate in any illegal soliciting or gaming schemes;
- attempt to use the Service in such a manner so as to avoid incurring charges for usage;
- participate in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature. You assume all risks regarding the determination of whether material is in the public domain;
- access the Internet via the Services using Internet Protocol (IP) addresses other than the IP address(es) assigned to you by us;
- invade another person's privacy or collect or store personal data about other users; stalk or harass another person or entity;
- access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as "packet sniffers";
- upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement) or related derivative works, without obtaining permission of the copyright owner or rightholder;
- use, reproduce, sell, resell or otherwise exploit the Services for any commercial purposes;
- copy, distribute, sub-license or otherwise make available any software we provide or make available to you, except as authorized by us;
- alter, reproduce, or tamper with the Services or any function, component or identifier of your Equipment, such as the Electronic Serial Number (ESN) or the International Mobile Equipment Identity (IMEI) that is not meant to be altered, reproduced or tampered with;
- restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet, the Services or any Equipment used to connect to the Services, or create an unusually large burden on our network, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature; distributing mass or unsolicited e-mail ("spam"); or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information; or to use the Services in an abusive manner in connection with any unlimited packages, options or promotions;
- disrupt any backbone network nodes or network service, or otherwise restrict, inhibit, disrupt or impede our ability to monitor or deliver the Services, our transmissions or data;
- interfere with computer networking or telecommunications service to or from any Internet user, host, provider or network, including but not limited to denying service attacks, overloading a service, improperly seizing or abusing operator privileges ("hacking"), or attempting to "crash" a host;
- use the Services for anything other than your own personal purposes (such as reselling the Services, providing Internet access or any other feature of the Services to any third party) or share or transfer your Services without our express consent;
- operate a server in connection with the Services, including, but not limited to, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;
- impersonate any person or entity, including, but not limited to, a Rogers’ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; or
- port scan a person's computer without that person's consent, or use any tools designed to facilitate these scans.
Unlawful or Inappropriate Content
Each of Rogers, its affiliates, suppliers and agents reserves the right to move, remove or refuse to post any content, in whole or in part, that it, in its sole discretion, decide are unacceptable, undesirable or in violation of the Terms or this AUP. This includes, but is not limited to:
- obscene, profane, pornographic content;
- defamatory, fraudulent or deceptive statements;
- threatening, intimidating, abusive or harassing statements;
- content that violates the privacy rights or intellectual property rights of others;
- unlawfully promote or incite hatred;
- content that is otherwise offensive or objectionable; or
- any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any municipal, provincial, federal or international law, order or regulation.
For purposes of this AUP, "content" refers to all forms of communications including, without limitation, text, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
As set out above, you are responsible for any misuse of the Services, by yourself or by any other person with access to the Services through your Equipment or your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services through any means, including without limitation, wireless networking and wired networking. The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s equipment, software or data, without the knowledge and consent of such person. Additionally, the Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account, including without limitation, 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 networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications 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 that contains a virus or other harmful feature is also prohibited. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, Rogers recommends against enabling file or printer sharing of any sort. Rogers recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.
As set out above, the 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 only be sent to those who have explicitly requested it. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited e-mail messages sent from accounts on other Internet hosts or e-mail services that violate this AUP or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e-mail messages may not direct the recipient to any web site or other resource that uses the Services. Forging, altering or removing e-mail headers is prohibited. You may not reference the Rogers network (for example, by including “Organization: Rogers” in the header or by listing an IP address that belongs to the Rogers network) in any unsolicited e-mail even if that e-mail is not sent through the Rogers network. “Mail bombing” is prohibited. That is, 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 similarly prohibited, whether or not the recipient wishes to receive such mailings. Rogers is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily, at Rogers’ sole discretion.
Newsgroups and Online Forums
Messages posted to newsgroups and online forums must comply with the written charters or FAQs for those newsgroups and online forums. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups and online forums whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup or online forum before posting to it. Posting or cross-posting the same or substantially similar messages to multiple newsgroups or online forums may be prohibited by their respective charters. Binary files may not be posted to newsgroups not specifically named for that purpose. Users posting binary files to groups with policies concerning the permissible daily volume of posted files are required to observe those limitations. Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup or online forum. Each of Rogers and Yahoo! reserves the right to discontinue access to any Usenet newsgroup or Rogers Yahoo! Groups online forum at any time for any reason. You may not attempt to "flood" or disrupt Usenet newsgroups. “Disruption” is defined as posting a large number of messages to a newsgroup that contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text. Messages may not be canceled, except by the author or by official newsgroup moderators performing their duties. The Usenet news service and Rogers Yahoo! Groups features included with the Internet Services are provided for interactive use by the subscriber, using the Rogers Yahoo! Home or a commonly-available NNTP client such as Outlook Express or Netscape Communicator. Non-interactive clients that download Usenet articles in bulk are prohibited.
Online Chat and Chat Programs
The Services may be used to participate in "chat" discussions. These discussions may be hosted by our servers, by servers owned or operated by our affiliates, suppliers or agents, by third party servers, or may not involve any servers at all. Neither Rogers nor Yahoo! has any obligation to monitor the content of any “chat” discussions. Rogers and Yahoo! are not liable for any claims, losses, actions, damages, suits or proceedings arising out of or relating to the content of any such discussions. The Services may not be used to perform chat “flooding”. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text. Any computer or other device connected through the Services may not maintain more than two simultaneous chat connections. This includes the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the account holder is not physically present at the device. The Services may not be used to send messages that disrupt another Internet user's equipment, including software, hardware and user display. The Services may not be used to access any chat server in violation of the acceptable use policy of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges that have not been authorized. You may not use the Services to connect to chat servers or channels from which you have been previously banned. The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages. Forging, altering, or obscuring your identity (other than using a nickname) while participating in chat sessions is forbidden.
Personal Web Pages
Rogers WebSpace Service
As part of your Internet Services, Rogers may offer the Rogers WebSpace service from time to time. Furthermore, Rogers may offer this service with some but not all tiers of the Services. Rogers may from time to time offer a feature of the Services through which you may create personal pages on the Rogers WebSpace server (the “Rogers WebSpace Site”). On the Rogers WebSpace Site, you can design, maintain, and publish texts, diagrams, illustrations, audio clips and related materials (“Personal Content”) for access by a global audience. You may not use this feature of the Services for commercial or business purposes. Rogers may make your Rogers WebSpace Site inaccessible if you exceed the monthly electronic traffic limits established by Rogers from time to time. You must ensure that your Personal Content is appropriate and complies with the Terms including this AUP. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content.
Rogers has the right to monitor or investigate Personal Content, including without limitation, if complaints are received regarding the language, content or graphics of your Personal Content. Rogers reserves the right to move, remove or refuse to post any Personal Content as set out above.
As part of your Internet Services, you may be provided with storage space and access for personal web pages through the Yahoo! GeoCities service. You are solely responsible for ensuring that any content that you publish via the GeoCities service complies with the applicable Yahoo! terms of service, including the rules and regulations set forth in the ‘Yahoo! Geocities Terms of Service’ (http://ca.docs.yahoo.com/info/tos.html ) and the ‘Yahoo! Geocities Guidelines’ (http://ca.docs.yahoo.com/info/terms/geoglines.html ).
Bandwidth, Data Storage and Other Limitations
You must comply with the then current bandwidth, data storage and other limitations on your applicable Services. You must also ensure that your activity does not improperly restrict, inhibit, or degrade any other subscriber's use of the Services, nor represent (in the sole judgment of Rogers) an unusually large burden on the network itself. In addition, you must ensure that your activity does not improperly restrict, inhibit, disrupt, degrade or impede Rogers’ ability to deliver the Services, and monitor and investigate the Services, backbone, network nodes, and/or other network services or components. You may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of Rogers. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed. The Services are consumer products designed for personal access to and use of the Internet. For example, the Services do not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the Services. You may not provide network services to others via the Services. In addition, you are prohibited from running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums.
Your Service may be subject to a usage limit, as set out in your Service Agreement. Your Internet Services, in particular, has a monthly upload and download bandwidth limit depending on your plan. See rogers.com/uselimits for the current bandwidth limits for your Internet Service plan. If you exceed the limit set out in your plan, you may be subject to an excessive usage charge. Rogers may change the bandwidth limit, and excessive usage fees, applicable to your Internet Service plan, upon notice to you.
We reserve the right to manage our network in order to optimize its efficiency for the benefit of our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, and protocol filtering. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers. For details on our network management practices, visit rogers.com/networkpolicy.
Violation of this Acceptable Use Policy
As set out in the Terms, we have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services or the Equipment; and to access or preserve content or information in accordance with the Terms. We prefer to advise subscribers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way that we, in our sole discretion, believe violates this AUP, Rogers, Yahoo!, and their respective affiliates, suppliers and agents may take any responsive actions they deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate suspension or termination of all or any portion of the Services or your account. Rogers, Yahoo! and their respective affiliates, suppliers and agents will have no liability for any such responsive actions. The above described actions are not exclusive remedies and Rogers, Yahoo! and their respective affiliates, suppliers and agents may take any other legal or technical action deemed appropriate. Upon termination of an account, Rogers and Yahoo! are authorized to delete any files, programs, data and e-mail messages associated with such account. The failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of any 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.
Please direct any complaints of violations of this AUP to email@example.com or contact us at 1-888-Rogers1. Questions or complaints, concerning third party content should be addressed to the applicable content provider.
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