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Terms & Conditions
Acceptable Use Policy Digital Phone Service High Speed Internet Refer a Friend
Privacy Policy


ACCEPTABLE USE POLICY ("AUP")

Policy Introduction



This “Acceptable Use Policy” or “AUP” applies to IP related Services (as defined
below) provided by All Communications Network of Canada Co. (“ACN”) under the
tradenames ACN, ACN Canada and Flash Services.

ACN is committed to compliance with laws and regulations governing the use of
Internet and phone services, and to preserving for all of its customers the
ability to use ACN's services and the Internet without interference or
harassment from other users.  This AUP forms a part of and is incorporated into
your Agreement for Services with ACN.  When using the Services, including
facilities or networks and any products, content, applications or services in
conjunction with the Services, you must comply with all applicable laws and
ACN’s policies, rules, limits, and terms and conditions, including those
contained in this AUP and elsewhere in your Agreement.  Any violation of this
AUP directly or indirectly by you or any user of your Services will constitute a
violation of the terms of your Agreement, and may result in the limitation or
suspension of your Services, and/or the termination of your Agreement.
Capitalized terms used in this AUP but not otherwise defined herein will have
the meanings prescribed to such terms elsewhere in your Agreement.

Usage Limitations



All Services are subject to the restrictions set forth in this AUP, including
those Services with features that are designated as “unlimited”. Your use of the
Services is also subject to any usage limits specified for the Service plan you
select. If you exceed your plan’s usage limit, you may be subject to additional
usage charges as and if specified in your plan, or all or any part of your
Service may be suspended as provided herein.

Intended Use of Services



Certain Service plans are designed for residential use only, and such Services
are intended solely for your personal and non-commercial use. Other Service
plans are offered to businesses, and such Services are intended solely for
internal use in a business environment. Acceptable use of the Services only
includes use of the Services for their intended purpose. You may not use,
reproduce, distribute, sell, resell or otherwise exploit the Services or
ACN-provided content or materials for any commercial purposes, including without
limitation operation of an Internet service provider business, or hosting
servers for or providing internet access or phone service to third parties that
are not users at your residence or in the ordinary course of your business.

Excessive Use of Services



ACN may, in its sole discretion, restrict, suspend or terminate all or any part
of your Services if ACN determines that your use is excessive, meaning that it
significantly deviates from normal applicable usage patterns for the intended
use of the Services, or is likely to improperly restrict, inhibit, or degrade
any other user's use of the Services, or that your use represents an unusually
large burden on ACN’s network or the network of any underlying provider, or our
ability to deliver the Services.

Specific Usage Limitations Applicable To ACN Digital Phone Services

You are limited to three (3) simultaneous calls under this Service with a
maximum duration of six (6) hours per call each, after which time the call(s)
will be disconnected. ACN Digital Phone Service is also subject to a limit of
three thousand (3,000) minutes in the aggregate during each monthly billing
cycle for outgoing calls, inclusive of local and long distance calls anywhere in
the U.S., Canada and Puerto Rico, and for calls to international countries
specified in ACN International Calling Plans.

Call time to Bangladesh is limited to one thousand five hundred (1,500) minutes
per service month. If you exceed this limit on Bangladesh call time, ACN may
block further calls during the service month or assess you an additional per
minute charge based on rates in effect from time to time and found
at: http://www.acnservices.com/ca/index.html

Specific Usage Limitations Applicable To ACN High Speed Internet Services

The Service plan that you select may include specific data usage thresholds and
usage charges. If so, when you exceed your plan’s usage threshold you will be
billed an additional charge per gigabyte of use at the specified rate. Details
regarding your specific plan’s usage threshold and per gigabyte charge will be
available when you make your plan selection and on your customer portal.

The Service plan that you select may include or have an option for unlimited
data. If you select unlimited data you will not be subject to a per gigabyte
charge for exceeding a specified data usage threshold. However, please note that
plans with unlimited data are still subject to the restrictions on use set forth
in the Agreement, including limitations for excessive use.

For Customers in Quebec where Cogeco Cable is the Underlying Provider: If your
Service plan does not expressly include usage based billing with defined usage
thresholds and/or an unlimited data option, use of three hundred (300) gigabytes
or more per month is considered to be excessive and may result in Service
suspension.

For Customers where Shaw Cable is the Underlying Provider: If your Service plan
does not expressly include usage based billing with defined usage thresholds
and/or an unlimited data option, use of three hundred (300) gigabytes or more
per month is considered to be excessive for plans with speeds up to 30 Mbps, and
use of four hundred (400) gigabytes or more per month is considered to be
excessive for plans with speeds of 60 Mbps. Such excessive use may result in
Service suspension.

Prohibited Actions



ACN prohibits use of the Services in any ways that are unlawful, interfere with
use of ACN's network or the Internet, infringe intellectual property rights,
result in the publication using the Services of threatening or offensive
material, constitute Spam/E-mail/Usenet abuse, or present security or privacy
risks.

Unlawful Activities and Inappropriate Use

The Services shall not be used in connection with any criminal or civil
violation of any applicable local, state, provincial, federal, national or
international law, treaty, court order, ordinance, regulation or administrative
rule, or to participate in any fraudulent activities. Any such use may be
referred to the appropriate authorities for investigation and/or prosecution.

You shall not attempt to use the Services in any manner that circumvents usage
thresholds or other intended limitations.

You shall not use the Services to impersonate any person or entity, or to forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any content transmitted through the Services.

You shall not tamper with or alter the Services, including any serial number or
other identifier of your Services or Equipment.

You shall not attempt to use the Services to violate a person’s privacy,
including without limitation port scanning a person’s computer or wireless
device without that person’s consent, nor shall you use any tools designed to
facilitate such violations.

Interference

You shall not engage in any activity that improperly restricts, inhibits, or
degrades any communications network or any other subscriber’s use of the
Services or any person’s access to the Internet, or that represents an unusually
large burden on ACN’s networks inconsistent with the intended use of the
Services. This prohibition includes, without limitation, posting, uploading,
transmitting or otherwise disseminating data containing a virus, lock, key,
bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating
feature, distributing mass or unsolicited e-mail (i.e. “Spam”) or other
messages, or otherwise generating levels of traffic sufficient to impede other
users’ ability to send or receive data or otherwise access and fully use the
Services.
You must ensure that your activity does not improperly restrict, inhibit,
disrupt, degrade or impede ACN’s ability to deliver and monitor the Services or
any transmissions of data, and you shall not interfere with any network
facilities, telecommunications service provider, Internet user or host,
including, without limitation, through denial of service attacks, overloading a
service, hacking, or otherwise attempting to crash or wrongfully take over a
host or system.

Intellectual Property



The Services shall not be used to transmit, post, upload, download, store,
disseminate or make available any content or otherwise engage in any activity
that infringes the intellectual property rights or privacy rights of others. ACN
reserves the right to restrict any use of the Services alleged to violate the
rights of another party; however, ACN is not obligated to investigate the
validity of such claims. Thus, while you consent to ACN's right to suspend your
Services if you are alleged to be violating another's rights, you also
acknowledge and agree that ACN may in its sole discretion, permit the continuing
activity despite allegations of infringement. ACN will not be liable for any
losses, claims, or expenses arising from any such action or inaction prior to
ACN’s receipt of legally binding directives or final disposition of the claim.

Offensive or Threatening Content



The Services shall not be used to host, post, transmit, or disseminate any
content or material that is threatening, harassing, obscene, indecent,
pornographic, hateful, malicious, racist, defamatory, libelous, treasonous,
excessively violent or promotes the use of violence, or provides instruction,
information or assistance in causing or carrying out violence against any
government, organization, group or individual, or provides guidance, information
or assistance with respect to causing damage or security breaches to the
Services, ACN, ACN's network or any other telecommunications service provider,
Internet user, or host.

Spam/E-mail/Usenet Abuse



The use of the Services in connection with any Spam/E-mail/Usenet abuse is
prohibited. Examples of Spam/E-mail/Usenet abuse include but are not limited to
the following activities:

 * using another site's mail server to relay mail without the express permission
   of the site;
 * using IP addresses that you do not have a right to use;
 * collecting the responses from unsolicited electronic messages;
 * maintaining a site that is advertised via unsolicited electronic messages,
   regardless of the origin of the unsolicited electronic messages;
 * sending electronic messages with petitions for signatures, or any chain mail
   related materials;
 * sending unsolicited electronic messages with charity requests;
 * sending messages that are harassing or malicious, or otherwise could
   reasonably be predicted to interfere with another party's quiet enjoyment of
   the Services or the Internet (e.g., through language, frequency, size or
   otherwise);
 * sending bulk (i.e., twenty-five (25) or more recipients) electronic messages
   without identifying, within the message, a reasonable means of opting out
   from receiving additional messages from the sender;
 * sending electronic messages that inaccurately identify the sender, the
   sender's return address, the e-mail address of origin, or other information
   contained in the subject line or header;
 * distributing or using software designed to promote the sending of unsolicited
   bulk electronic messages;
 * using distribution lists containing addresses that include those who have
   opted out;
 * posting a single message, or messages similar in content, that could
   reasonably be expected to provoke complaints, to more than ten (10) online
   forums or newsgroups;
 * posting messages to or canceling or superseding messages on an online forum
   or newsgroup in a manner that violates the rules of the forum or newsgroup or
   that contain forged header information; and
 * sending bulk electronic messages in quantities that exceed standard industry
   norms or that create the potential for disruption of the ACN network or of
   the networks with which ACN interconnects.

Security Violations



The Services may not be used to interfere with, to gain unauthorized access to,
or to otherwise violate the security of, ACN's or another's server, network,
personal computer, network access or control devices, software or data, or other
system, or to attempt to do any of the foregoing. Examples of security
violations include but are not limited to:

 * intercepting, interfering with or redirecting e-mail intended for third
   parties, or any form of network monitoring, scanning or probing, or any other
   action for the unauthorized interception of data or harvesting of e-mail
   addresses;
 * attempting to attack, breach, circumvent or test the vulnerability of the
   user authentication or security of any host, network, server, personal
   computer, network access or control devices, software or data (except in the
   case of authorized legitimate network security operations);
 * using any program, file, script, command, or the transmission of any message
   or content of any kind, designed to interfere with a terminal session or with
   access to or the use of the Internet or any other means of communication;
 * distributing or using tools designed to compromise security, including,
   without limitation, cracking tools, password guessing programs, packet
   sniffers or network probing tools (except in the case of authorized
   legitimate network security operations);
 * falsifying packet header, sender, or User information whether in whole or in
   part to mask the identity of the sender, originator or point of origin; and
 * distributing viruses, worms, Trojan horses or other harmful software.

Monitoring



ACN reserves the right, but not the obligation, to monitor or investigate the
use of the Services and any content (excluding voice) that is transmitted using
the Services, and may access or preserve content or information as required or
permitted by law. Use of the Services constitutes consent to such monitoring and
investigation. It is your responsibility to make users of your Services aware of
this, and if you or any of your users do not agree to such monitoring and
investigation then such individual should not use the Services. Information
derived from system and security monitoring may be used as a basis for
administrative, disciplinary, or criminal proceedings.

Internet Traffic Management Policies



ACN reserves the right to manage the Services in order to ensure the integrity
of ACN’s network and optimize efficiency, including by rate limiting, capping,
and other permissible bandwidth management and traffic shaping techniques.
 Furthermore, your Services are subject to the Internet Traffic Management
Policies that ACN’s underlying providers for such Services may from time to time
implement on their respective networks.

Customer Responsibilities



You are liable for all use and misuse of your Services, including, without
limitation, liability for any content or materials disseminated through your
Services. You agree to take reasonable steps to prevent unauthorized access to
your Services by maintaining the basic security of your systems, including
implementation of necessary security protocols and system updates to prevent use
by others in a manner that violates this AUP. Examples of failure to provide
basic security include, but are not limited to, improperly securing a mail
server so that it may be used by others to distribute Spam, or improperly
securing an FTP server so that it may be used by others to illegally distribute
copyrighted material. You agree to promptly take corrective actions on
vulnerable or exploited systems to prevent abuse.

Violations

ACN reserves the right to block, refuse, remove, interrupt, delete, or disallow
any content and/or transmissions that it determines in the exercise of its
reasonable discretion would constitute a criminal offence, give rise to civil
liability, or otherwise violate any municipal, provincial, federal or
international law, order or regulation, this AUP, or the other terms and
conditions contained in your Agreement for Services, but does not hereby assume
any obligation to do so or any liability for failure to do so.
ACN may provide you with written notice via e-mail or otherwise of an AUP
violation so that such violation may be corrected without impacting your
Services. ACN reserves the right, however, to act immediately and without notice
to suspend or terminate all or any part of the Services in response to a court
order or government notice that certain conduct must be stopped or when ACN
reasonably determines: (1) that ACN may be exposed to sanctions or prosecution;
(2) that such violation may cause harm to or interfere with the integrity or
normal operations or security of ACN's network or networks with which ACN is
interconnected or interfere with use of the Services or the Internet by another
individual or entity; or (3) that such violation otherwise presents imminent any
risk of harm to ACN or any other individual or entity.
The foregoing rights are not exclusive remedies, and ACN may pursue other
remedies and take other actions it deems appropriate to respond to violations of
this AUP. ACN’s failure to enforce any term or condition contained in this AUP
shall not be construed as a waiver of any right to do so at any time. If any
portion of this AUP is held to be 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 Agreement. The terms contained in this AUP are intended
to prevent the misuse of the Services at any time and will survive any
termination of the Agreement and/or all or any portion of the Services.



Incident Reporting

Any complaints regarding the violation of this AUP should be directed to the
designated agent listed below. Where possible, include details that would assist
ACN in investigating and resolving the complaint (i.e. expanded headers and a
copy of the offending transmission).

Designated Agent:
Office of the General Counsel
legalnotices@acninc.com
1000 Progress Place, Concord, NC 28025-2449
704-260-3000 (phone) | 704-260-3304 (fax)

 

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EARNINGS STATEMENT

×

RVPs and SVPs (including Circle of Champions members) earn annual income
achieved by fewer than 1% of ACN IBOs. Their success stories and earnings are
extraordinary and not typical. Earnings as an ACN IBO are based solely upon the
successful sale of products to customers and their usage of those products.
Individuals will incur expenses in operating their ACN business, such as the
sign-up fee and renewal fee, as well as other possible operating expenses. As
with any business, earnings and success at ACN are not guaranteed but depend
primarily on the individual's commitment, persistence and effort. Individuals
may not earn income and may lose money as an IBO.