www.FlyJumperStore.ca
Last updated on July 1, 2009.
Fly Jumper Canada Limited ("Fly Jumper") has established this acceptable use policy (this "Acceptable Use Policy" or “AUP”) for the purpose of governing the responsible use by Fly Jumper's customers and others (collectively, "Users" and each, individually, a "User") of the Website (as defined in the "Term of Use") provided by Fly Jumper.
Website
A User may use the Website only for lawful purposes. Without limiting the generality of the foregoing sentence, a User shall not use the Website for the purpose of transmitting, storing or otherwise dealing with material: (a) in a manner that violates any applicable law, rule, statute or regulation; (b) in a manner that infringes the intellectual property rights of others; (c) in a manner that violates or infringes any privacy, publicity or other personal rights of others; (d) in a manner that is obscene, threatening, abusive or otherwise antisocial; or (e) which contains a virus, worm, or other harmful component.
Messaging, Posting and Chatting
A User may not send unsolicited e-mail, forum, chat or other similar messages, such as bulk commercial advertising or informational announcements ("spam") in a manner that could be reasonably expected to adversely impact the Website or the business of Fly Jumper. Examples of such practices include, but are not limited to, using an e-mail account to send spam, or using another provider to send spam, or promoting a site hosted on or connected to the Website in order to: (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send messages with forged, altered or removed header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.
Forums and Community Groups
A User who posts messages to a group or community forum is responsible for becoming familiar with any rules and etiquette governing use of such newsgroups and complying with same. In any event a User may not: (a) post the same message, or a series of similar messages, to one or more forums (i.e., excessive cross-posting or multiple-posting), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any messages with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.
Security
A User is prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for such User, including logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Fly Jumper’s ability to monitor or make available the Website, or (f) taking any action in order to obtain services to which the User is not entitled. Violations of system or network security may result in civil or criminal liability. Fly Jumper will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any User who is involved in such violations.
Suspension; Termination
Any User that Fly Jumper determines, in its sole discretion, to be in violation of any provision of this Acceptable Use Policy may be subject to Fly Jumper suspending or terminating the User’s access without the necessity of issuing a warning. At all times, Fly Jumper shall have the discretion to take such action as Fly Jumper deems necessary, in its sole discretion, to preclude a violation, and Fly Jumper shall not be liable for any damages of any nature suffered by any User, or third party resulting in any manner whatsoever from Fly Jumper’s exercise of its rights under this Acceptable Use Policy.
Monitoring
Although Fly Jumper does not constantly monitor the Website, it nevertheless expressly reserves the right to do so. Fly Jumper bears no responsibility or liability for any information that was not posted to the Website by Fly Jumper. Fly Jumper bears no responsibility or liability for the content of any other websites linked to or from the Website; these links are provided by Fly Jumper as Internet navigation tools only.
Privacy
A User interacting with the Website who provides Fly Jumper with his/her name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information thereby expressly permits Fly Jumper to use such information in accordance with Fly Jumper’s Privacy Policy .
Modification
Fly Jumper reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion. Changes and modifications will be effective when posted on the Website and any use by a User of the Website after the posting of any changes shall be deemed to be acceptance by a User of such changes.
Reporting, Libel and Defamation
If you become aware of misuse of the Website services by any person, You must report it to Fly Jumper.
You understand that except for advertising programs offered by Fly Jumper and its Website the Website is available for Users’ personal, non-commercial use only. Users represent, warrant and agree that no materials of any kind submitted through a registered account or otherwise posted, transmitted, or shared by Users on or through the Website will contain libelous, defamatory or otherwise unlawful material.
Without limiting the generality of the foregoing, You also agree not to use the Website to do the following:
· harvest or collect contact information of other Users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
· use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
· use automated scripts to collect information from or otherwise interact with the Website;
· upload, post, transmit, share, store or otherwise make available any content that Fly Jumper deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
· register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
· impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
· upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
· upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social insurance numbers and credit card numbers;
· solicit personal information from anyone under the age of majority or solicit passwords or personally identifying information for commercial or unlawful purposes;
· upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· intimidate or harass another;
· upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law;
· use or attempt to use another's account, service or system without authorization from Fly Jumper, or create a false identity on the Website; and
· upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Fly Jumper, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Fly Jumper or its Users to any harm or liability of any type.