1. Introduction

This Acceptable Use Policy (“AUP”) forms part of the agreement between Oqitor Tel Inc. (“Oqitor”) and its customers (“Customer,” “you,” or “your”) and governs the use of all services provided by Oqitor (the “Services”). Adherence to this AUP is mandatory for all Customers and any individual or entity accessing the Services through a Customer’s account (an “End User”).

The purpose of this AUP is to ensure the responsible use of Oqitor’s network and Services, protect the integrity and availability of our network and Services, comply with applicable laws and regulations, and protect the rights of Oqitor, its Customers, and other internet users.

2. Scope

This AUP applies to all Services provided by Oqitor. By using Oqitor’s Services, you agree to comply with this AUP. You are responsible for the actions of your End Users and must take all reasonable precautions to ensure that they comply with this AUP. A violation of this AUP by an End User will be considered a violation by the Customer.

3. Prohibited Uses and Activities

The following list provides examples of prohibited uses of Oqitor Services. This list is not exhaustive, and Oqitor reserves the right to determine, in its sole discretion, whether a particular use constitutes a violation of this AUP. You may not use, or permit others to use, the Services to:

• Illegal Activities: Engage in any activity that is illegal under applicable federal, provincial, or local laws or regulations in Canada or any other applicable jurisdiction. This includes, but is not limited to, transmitting or storing material that is fraudulent, defamatory, obscene, or constitutes an illegal threat; violating export control laws; or engaging in activities that promote illegal acts[cite: 72, 88, 126, 176, 336].
• Harmful Activities: Transmit, distribute, or store any material that is harmful to minors, abusive, harassing, or threatening. This includes distributing viruses, malware, worms, Trojan horses, or other destructive or disruptive code[cite: 126, 176, 336].
• Infringement of Intellectual Property Rights: Transmit, distribute, or store any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party.
• Network Abuse and Interference:
  • Engage in any activity that interferes with or disrupts Oqitor’s network, Services, or the ability of other users to use the Services. This includes, but is not limited to, denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks, network scanning, or unauthorized attempts to access or probe other networks or systems[cite: 176, 336].
  • Use the Services in a way designed to avoid payment of any charges[cite: 44].
  • Change or interfere with the Services or the equipment Oqitor uses to provide the Services[cite: 44].
  • Engage in activities that impose an unusually large burden on Oqitor’s network or that degrade network performance for other users (e.g., excessive bandwidth consumption beyond fair use policies associated with specific service plans, if applicable).
• Security Violations: Attempt to circumvent user authentication or security of any host, network, or account (“cracking”). This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks.
• Spamming and Unsolicited Communications: Send, or facilitate the sending of, unsolicited bulk email (spam), commercial email, or other unsolicited messages, promotions, advertising, or solicitations. This includes activities such as mail bombing, or collecting replies from unsolicited email.
• Resale or Sharing of Services: Resell the Services, or any part thereof, or charge any fees, directly or indirectly, for using the Services, without Oqitor’s explicit prior written authorization[cite: 44, 126, 136, 177, 293, 337]. Some services, such as guest WiFi, may have specific terms allowing for End User access, subject to compliance with other sections of this AUP.
• Misrepresentation and Fraud: Falsify or misrepresent an EMEI / IMEI or other identifier or use an identifier that does not belong to you; falsify or misrepresent header information in any email or newsgroup posting; or use the Services to impersonate any person or entity or to engage in fraudulent activities.
• Abuse of Services: Engage in any other activity that Oqitor determines, in its sole discretion, to be an abuse of the Services or a violation of this AUP[cite: 72, 88, 126, 177, 337].

4. Content Restrictions

You are solely responsible for any content that you or your End Users create, transmit, store, or display using the Services. Oqitor does not monitor or exercise editorial control over the content of any communications or data transmitted through its Services, except as may be required by law or to protect its network and other users. However, Oqitor reserves the right to remove or block access to any content that it determines, in its sole discretion, violates this AUP or is otherwise illegal, harmful, or objectionable.

5. Security

You are responsible for maintaining the security of your account, systems, and data. This includes, but is not limited to:

• Using strong passwords and changing them regularly.
• Protecting your account credentials from unauthorized access or use.
• Implementing appropriate security measures on your own equipment and network (e.g., firewalls, anti-virus software).
• Promptly reporting any known or suspected security breaches or AUP violations to Oqitor.

Oqitor is not responsible for any loss or damage resulting from your failure to adequately secure your systems or account.

6. Network Integrity and Performance

Oqitor reserves the right to manage its network to ensure its integrity, security, and optimal performance for all users. This may include, but is not limited to, implementing traffic management policies, filtering, or blocking certain types of traffic or protocols that are deemed harmful, abusive, or that excessively consume network resources. Such actions will be taken in a manner consistent with applicable laws and regulations.

7. Reporting Violations

If you become aware of any violation of this AUP by any person, including End Users or third parties, you are encouraged to report such violations to Oqitor immediately. Reports can be sent to [abuse@oqitor.ca] (or another designated Oqitor contact address).

Oqitor will investigate reported violations and may take action as deemed appropriate under this AUP and applicable law.

8. Consequences of Violation

Violation of this AUP may result in one or more of the following actions, at Oqitor’s sole discretion, with or without prior notice:

• Issuing a warning to the Customer.
• Suspending access to the Services, in whole or in part.
• Terminating the Customer’s account and access to the Services.
• Billing the Customer for administrative costs and/or reactivation charges.
• Bringing legal action to enjoin violations and/or to collect damages, if any, caused by violations.
• Cooperating with law enforcement authorities if illegal activity is suspected.

Oqitor’s failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of its right to do so at any time.

9. Disclaimer

Oqitor is not responsible for the accuracy, completeness, or usefulness of any information, content, or material accessed through its Services. The Customer acknowledges that the internet contains unedited materials, some of which may be sexually explicit or offensive. Access to such materials is at the Customer’s own risk. Oqitor has no control over and accepts no responsibility whatsoever for such materials.

10. AUP Modifications

Oqitor reserves the right to modify this AUP at any time, effective upon posting the modified AUP to Oqitor’s website (e.g., www.oqitor.ca/aup) or upon other notice to the Customer[cite: 40, 46]. It is the Customer’s responsibility to regularly review this AUP. Continued use of the Services by the Customer after any such modification constitutes acceptance of the modified AUP[cite: 41].

11. Contact Information

If you have any questions about this AUP, or wish to report a violation, please contact Oqitor at:

Oqitor Legal Department
Email: [legal@oqitor.ca or abuse@oqitor.ca]