Acceptable Use Policy
Amanah Tech Inc.’s (Amanah) Acceptable Use Policy (“AUP”) governs the use of all products and Services (collectively referred to as the “Services”) offered by Amanah and provided to the Customer. By accepting Service from Amanah, all users of the Services including a Customer of Amanah, a Customer’s end users, employees, agents and contractors (collectively, “Users”) must comply with this AUP.
While Amanah does control any content of any website, electronic mail transmission, news group, or other material created or accessible over or through the Services, Amanah does reserve the right, although it does not have an obligation, to monitor any and all communications and activity through or with the Services to ensure adherence to the terms and conditions of this AUP. Amanah may, as required, disclose any information concerning Users or Customers that is necessary to satisfy any law, regulation or lawful request, or as is necessary to protect itself or others. Amanah may cooperate with law enforcement or the appropriate legal authorities in investigations of claims of illegal activity involving the Services or any Users thereof, and to respond to any violations of this AUP to the extent permitted under applicable law. There is no requirement of Amanah to report this cooperation with legal authorities to the Customer or its Users, and may in fact, be contrary to the any order. Capitalized terms used but not defined in this AUP have the meaning set forth in the Master Colocation Agreement.
SERVICE USE POLICY
- Prohibited Activity
This section of the Acceptable Use Policy identifies the uses and actions regarding Amanah’s Services that Amanah considers in its reasonable judgment to be unacceptable and/or abusive, and thus, is strictly prohibited. The Customer may only use Amanah’s networks, systems, Services and products in a manner that, in Amanah’s sole judgment, is consistent with the purposes of such networks, systems, Services and products. The following examples of prohibited uses and actions are non-exclusive and are provided for general guidance only.
- Illegal use
Customer may not transmit by email, uploading, downloading, posting, or otherwise (collectively, “Transmit”) any material that, intentionally or unintentionally would violate any law of any applicable jurisdiction, including, without limitation, laws governing advertising, alcohol, antitrust, child protection, drugs, encryption, exportation, food, financial services, firearms, gambling, importation, information systems, intellectual property, obscenity, privacy, securities, telecommunications and tobacco.
- Distributing Spam Email:
Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through Amanah’s Services is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted using Amanah’s Services, is prohibited. Amanah accounts or Services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
- Known Spam Operations:
Operating an account on behalf of, or in connection with, or reselling any Service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
- Unsolicited Mailing Lists:
Running Unconfirmed Mailing Lists, or subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Amanah customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from third parties for mailing to/from any Amanah hosted domain, or referencing any Amanah account, is prohibited.
- Harm to Minors
Customer may not harm, or attempt to harm, minors in any way.
Transmit any material that threatens or encourages bodily harm or destruction of property.
- Tortious or Actionable Activity
Transmit information that constitutes slander, libel or defamation, publicizes the personal information or likeness of a person without that person’s consent or otherwise violates the privacy rights of any person.
Transmit any material that harasses another.
- Fraudulent Activity
Make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes, “Ponzi schemes,” and “chain letters”.
- Subversion of System, Facilities or Equipment
Subvert, evade or assist others in subverting or evading, the security or integrity of any of Amanah’s or its other customer’s systems, facilities or equipment.
- Forgery or Impersonation
Adding, removing or modifying network header or identity information in an effort to deceive, mislead or impersonate.
- Unauthorized Access
Access or attempt to access the accounts of others or to penetrate or attempt to penetrate security measures of Amanah’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
- Export of Information
Export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside Canada without first complying with all export control laws and regulations which may be imposed by the Canadian Government or any country or organization of nations within whose jurisdiction Customer operates or does business.
- Violating Copyrights & Trademarks
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.
- Prohibited & Illegal Software
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing or denial of service attacks.
- Collection of Personal Data
Collect or attempt to collect, personal information about any parties without their knowledge or consent.
- Disruptions and Unfriendly Activity
Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on Amanah’s network or on another provider’s network.
- Account Sharing
Engage in account sharing, including, without limitation, permitting third parties to use Customer’s Service account and password.
- Harmful Messages
Transmit any information or software which contains a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component.
Consequences of Violations
- Written or verbal warnings
- Temporarily block access to Services
- Service suspensions
- Service cancellations, for which reactivation Fees may apply
- Removal of any materials on any website, electronic mail transmission, or other material created or accessible over or through the Services
- Cooperate with law enforcement or the appropriate legal authorities in investigations of claims of illegal activity involving the Services or any Users thereof
- Initiate or support legal action to enjoin violations and/or to collect damages caused by violations
- Enforce any rights and take any other remedies available to it under the MCA, at law, or in equity.
Amanah encourages its Customers and Users to report suspected or known violations of this AUP to us at the following email address: [email protected]
FACILITY USE POLICY
- Access and Entry: Subject to your full payment of all Fees and compliance with the terms of the MCA, Customer will have unrestricted access to the Customer Hardware located in the Facility during the Initial Term and any Renewal Term. Customer will cause its employees, agents, contractors or invitees who have access to the Customer Hardware to conform to all Amanah rules and regulations (as amended by Amanah from time to time). Failure to pay all Fees when due and payable may result in denial of access to the Facility. Amanah will not be required to provide access to any person not approved by Amanah. Notwithstanding the above, Amanah will not be liable for the consequence of admitting or refusing to admit to the Facility any of Customer’s agents or employees or other persons claiming the right to admission.
- Facility Rules and Regulations: Customer and its employees, agents, contractors or invitees who have access to the Facility must obey all Facility Rules and Regulations, which shall be posted at each Facility. Amanah may vary these rules and regulations from time to time in its sole discretion, and Customer shall comply with all other reasonable requirements that Amanah may impose or reasonable requests that Amanah may make, from time to time.
- Customer Representative: Any Customer representative having access to the Facility must be approved in advance by Amanah. Customer must provide Amanah with particulars, including a current photograph of each Customer representative before that Customer representative will be given access to the Facility. No more than three Customer representatives will be authorized to have access to the Facility at any time, unless otherwise agreed with Amanah. Customer representative will be issued passes or visitor identification cards which must be presented upon request before entry into the Facility and surrendered upon demand or upon termination or expiration of the Initial Term and any Renewal Term.
- Right to Terminate a Customer Representative’s Access: Amanah will have the right to immediately terminate the right of access of any Customer representative if Amanah determines in its sole discretion that termination of such access is in the best interest of Amanah or the Facility, provided that Amanah will not act in an arbitrary fashion in making such a determination. Amanah may in its sole discretion suspend the Services and access to the Facility until the time that Amanah determines that there is no longer any risk of threat to the security, safety, or integrity of the Facility or any other customer of Amanah; provided, however, that during the period of suspension Amanah will provide escorted access for its then-standard Remote Hands fees.
- Consent to Video Monitoring: Customer acknowledges, agrees and hereby consents under applicable privacy laws that Amanah may monitor the Facility by way of closed circuit television or other monitoring device for the purposes of maintaining the safety and security of the Facility, any equipment in the Facility, and any persons using or present in the Facility from time to time.
- Use of Amanah Tools: Amanah may provide Customer with access to Amanah tools at the Facility such as ladders, tools and hardware carts which are available for general use by Customers at the Facility. Amanah is not liable to Customer or to any other person for any loss or injury, including loss or damage to property, suffered as a result of Customer representatives’ use of Amanah tools.
- Amanah Hardware: Customer will not move, dislodge or otherwise interfere with or prevent the placement of any Amanah Hardware, including but not limited to air conditioners, fans or other cooling devices which Amanah has located throughout the Facility.
- Installation and Requirements: Customer will be responsible for the delivery and installation of the Customer Hardware and its connection to telecommunications lines and power. Customer may not connect or disconnect to any electrical circuits outside of the Amanah Hardware dedicated to Customer without the prior approval of Amanah. Customer is permitted to install or remove Customer Hardware (where authorized) in the Facility during business days between 8:00 a.m. and 5:00 p.m. local time (OR, at other times, with prior written approval of Amanah). Customer will only install or place Customer Hardware in the Amanah Hardware assigned to Customer. During the Initial Term and any Renewal Term, Customer will notify Amanah of any space, power or other requirements associated with the installation or operation of the Customer Hardware. Amanah will have no duty to monitor, maintain or care for the Customer Hardware. Customer must install its Customer Hardware according to the hot and cold aisle setup of the Facility.
- Additional Services: Where Amanah provides Customer with additional services (including billable Remote Hands or other professional services), as agreed in an Order Form, such services will be provided subject to and in accordance with the Master Colocation Agreement and this AUP. Amanah accepts no risk with regards to Customer Hardware in respect of which Customer requests Amanah Services.
- Upgrades and Modifications: Without the prior written approval of Amanah, Customer will not (i) undertake any upgrade or modification within or about the Amanah Hardware or Facility, (ii) undertake any activity that would in any way result in an increased cost to Amanah, or that might affect the use of the Facility or Amanah Hardware by Amanah or any other user of the Facility, or (iii) use Customer Hardware to allow third parties colocated in the Facility to interconnect with each other at the Facility.
- Maintenance and Use of Amanah Hardware and Facility: Customer will, at its own cost and expense, protect, maintain and keep in good order the Amanah Hardware assigned to it. Customer will ensure that neither it nor its employees, agents, contractors or invitees damage any part of the Amanah Hardware, Facility or any property located in or about the Facility, or interfere, or allow Customer Hardware to constitute a hazard to or to interfere with Amanah or any other user of the Facility or any equipment owned or used by Amanah or any other user of the Facility. Customer will not allow any debris or supplies to be left in or about the Facility, and Customer will ensure that the access door and all aisles adjacent to its assigned Amanah Hardware, as well as all adjacent fire pull stations are at all times unblocked by Customer Hardware wherever located, and readily accessible by all Facility occupants.
- Immediate Threats: If, in Amanah’s sole discretion acting reasonably, the Customer Hardware poses an immediate threat to the physical integrity of the Facility or the physical integrity or performance of the Amanah Hardware or any other user of the Facility or their property, or poses an immediate threat to the safety of any person, then Amanah may perform such work and take such other actions that it may consider necessary without prior notice to Customer and without liability for damage to the Customer Hardware or for any interruption of Services. As soon as practicable after performing such work, Amanah will advise Customer in writing of the work performed or the action taken.
- Intervention: Subject to the Master Colocation Agreement, if any part of the Customer Hardware is not installed and maintained in accordance with this AUP, and Customer fails to correct the violation within 7 days after receipt of written notice of the violation from Amanah, then Amanah may, at its option, without further notice to Customer, correct the deficiency at Customer’s expense without liability for damages to the Customer Hardware or interruption of Services. As soon as practicable thereafter, Amanah will advise Customer in writing of the work performed or action taken. Customer will reimburse Amanah for all expenses reasonably incurred by Amanah associated with any work or action performed by Amanah in accordance with this section.
- Relocation: Subject to the Master Colocation Agreement, Customer will, at Amanah’s expense, relocate the Customer Hardware to alternate Amanah Hardware within the Facility upon Amanah’s written request and within 30 days of such request.
- Periodic Inspections: Amanah reserves the right to make periodic inspections of the Customer Hardware that is located within or physically attached to the Facility. Customer will have the right to have one or more employees or representatives present during the time of any such inspection. Amanah will give Customer reasonable advance notice of such inspections, except in those instances where Amanah determines that safety considerations justify the need for such an inspection without the delay of providing notice. The making of periodic inspections or the failure to do so will not impose upon Amanah any liability of any kind nor relieve Customer of any obligation under the Master Colocation Agreement.
- Power Consumption: Local governing bodies such as the N.E.C., C.S.A. and I.E.C. require that all electrical circuits deployed in a standalone non-redundant fashion not exceed 80% of their total rated capacity. Power circuits deployed in a dual, redundant A and B fashion, may not exceed 40% per circuit in each redundant pair. Amanah reserves the right to measure power utilization without notice. Should the Customer’s power utilization exceed the maximum usages stated herein, Customer will be given 10 days notice and opportunity to cure by removing or redistributing Customer Hardware and/or subscribing to additional power circuits and cabinets required to achieve proper circuit utilization as specified herein, such power circuits and/or cabinets to be added to the fees at prevailing rates for the duration of the Initial Term or Renewal Term. Failure to cure within 10 days will result in the cabinet/power equivalent charges being automatically applied.
- Power Bars and Circuits: Customer will not modify, upgrade, open or otherwise interfere with power bars, circuits or any other power infrastructure, whether such power infrastructure is provided by Amanah or Customer. All power infrastructure installed within the Facility must be UL or ULC listed. Power bars may not installed or be removed at any time unless agreed by the Parties and installed or removed by Amanah staff. Unless otherwise specified in your Order Form, Customer must supply power to its Customer Hardware using the NEMA, IEC or regional equivalent connector specified in your Order Form.
- Electrical Compliance: Customer will be responsible for the costs of any work or other actions which Amanah deems necessary without prior notice to Customer and without liability for damage to the Customer Hardware, or for any interruption of Services, in order to rectify any unauthorized use of any power infrastructure by Customer. As soon as practicable after performing such work, Amanah will advise Customer in writing of the work performed or the action taken.
- Interference: Customer will be responsible for resolving any technical interference problems between Customer Hardware and other equipment located at the Facility and, if there are other wireless telecommunications facilities located at the Facility, Customer will reasonably cooperate with such other users of the Facility to resolve any issues of interference in an equitable fashion. Customer Hardware must not disturb the communications configurations, equipment, and frequency that exist at the Facility and must comply with all non-interference rules of the applicable governmental agency or authority, including the Canadian Radio-Television Telecommunications Commission.
Revisions to This Acceptable Use Policy
Amanah reserves the right to revise, amend or modify this Acceptable Use Policy as required. It is the responsibility of the Customer to review this document, inform itself, and ensure adherence as to the provisions of this Acceptable Use Policy, as posted on Amanah’s website at www.amanah.com.