Last Update: September 14, 2012
Smartt websites, forums, social media sites and social media engagements ("Medium") and associated content, postings and data transmission ("Content") and Services are available for the productive and constructive conduct of dialogue, education and engagement of business and social affairs online. Smartt retains the right to remove offensive, illegal and libelous Content in any Medium and on any Service when such Content is in violation to provincial or federal laws or against this Acceptable Use Policy. Any violation of the AUP by Users is subject to immediate grounds for suspension or termination of Services, removal of associated Content or removal of login, posting, editing, administration and other use and access ("Access") privileges. Upon any Access suspension or termination of Customers currently in good standing, Smartt will notify the User of the action by electronic mail to the main administrative or billing address on file and provide an explanation for suspension, removal or termination. Non-paying or registered Users, will receive notification at the discretion of Smartt. The following represent direct violations of the Smartt Acceptable Use Policy (“AUP”):
Utilize the Services or Mediums in connection with any illegal activity. Without limiting the general application of this rule, Customer may not: utilize the services (i) to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; (ii) to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; (iii) to export encryption software to points outside of Canada in violation of applicable export control laws; or (v) in any manner that violates applicable provincial, federal and international law.
Unsolicited Electronic Mail (Email)
The sending or receiving of mass unsolicited email, also known as SPAM, is a direct violation of the acceptable use policy. This includes the direct sending and receiving of such messages, support of such messages via web site, splash page or other related sites, or the advertisement of such services.
The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of the acceptable use policy.
Proxy Email Spam
The use of dedicated services to proxy email unsolicited users is a direct violation of the acceptable use policy. Proxy emails defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
Any use of Services, Content or Medium in direct or subversive attempt of illegal activities as defined by federal and provincial laws is a direct violation of the acceptable use policy. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, invasion of privacy, trafficking of illegal substances, credit card fraud, racketeering, slander, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; and other common illegal activities.
Smartt has a zero tolerance policy on child pornography dissemination, transmission, storage and linking to or from related sites. To clarify, Customers and Users may not use Services for the purposes of the storage, hosting, transmission, use or distribution of child pornography or related content including linking to external sites. Any such activity is in direct violation of the acceptable use policy and will result in immediate termination.
Threats and Harassment
Smartt has a zero tolerance policy on threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under applicable provincial and federal laws. Smartt serves only as the medium of exchange for information and refrains from decisions on freedom of speech.
Smartt prohibits utilizing Services for fraudulent activities including Impersonation of another person or entity. Notification of fraudulent activities by verified third parties can result in violation of the acceptable use policy.
Denial of Service
Smartt absolutely prohibits the use of Services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of the acceptable use policy.
Smartt prohibits the use of dedicated services for the hosting of terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, sexual orientation or country of origin.
Distribution of Malware
Smartt prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable.
Smartt strictly prohibits any activity associated with Phishing or systems designed to collect personal information including but not limited to personal information, federal or provincially distributed information, account information and billing information.
HYIP or Ponzi Schemes
High Yield Investment Plans or other organized schemes with the intent to defraud end users are violations of the acceptable use policy. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.
Commercial and Personal Use
Smartt prohibits the use, redistribution or reselling of any residential, personal or non-commercial Services in a commercial environment or for commercial, for profit and business use. Customer transferring a Service from a non-commercial to a commercial use must notify Smartt of such change prior to Service use alteration. Notification must occur according to the Notification and Communication Policy available on this website. Failure to comply may result in immediate termination of Service.