Introduction: The Analogue Echo Acceptable Usage Policy (referred to also as the AUP or AEAUP) is implemented to protect both the interests of Analogue Echo's customers to receive both a service for which they have paid, and Analogue Echo's ability to continue to provide a fast, high availability network. This document will outline the acceptable use of Analogue Echo's services and equipment in addition to outlining standards for dealing with individuals who abuse or violate these standard policies.

Warranties/Disclaimers: Request for creation and subsequent use of an account with Analogue Echo is deemed an acceptance of this AUP. If you do not agree with these policies, immediately request your account deactivation by e-mailing info@anecho.mb.ca. Agreement to Analogue Echo's AUP is also an acknowledgement that for anyone that uses these services is doing so on an "as is" basis with no guarantees or warranty of any kind. In no way is Analogue Echo financially liable to any customer for any harm that may occur through their use of these provided services, regardless of fault. Analogue Echo's total economic obligation to client will never exceed the total amount of dollars paid by the customer for services.

Security: Though all attempts have been made by Analogue Echo to ensure the security of its systems, Analogue Echo makes no guarantee that any communication or use of its services is truly secure. All information is kept as secure as possible, but it must be duly noted that the customer has no enforceable right to total privacy from a data standpoint due to the nature of the Internet. It is the responsibility of the customer to keep their password and account information secure. If you believe that this information has been compromised, contact info@anecho.mb.ca to help resolve this problem. From a customer/vendor standpoint, you as the customer do have a fundamental right: Analogue Echo will not disclose any confidential information unless required by an authority such as a Canadian Law Enforcement Agency; and only then under conditions as required by laws of Canada.

Personal Files: Analogue Echo is not responsible for back ups of customer's personal files and other information, and reserve the right to delete said files in the event that the customer does not renew services with Analogue Echo, or has been denied access to the systems. Analogue Echo does, as a regular part of maintenance, make regular back ups of server data, but the responsibility for maintaining complete back ups of personal files falls entirely upon the customer.
As standard practice Analogue Echo maintains no obligation to the quality or accessibility of websites built and/or maintained by third parties. At the customer's option a contractual agreement may be reached with Analogue Echo to perform website auditing. This will be done on a case-by-case basis.

Non-transferability of Account: A customer may not have more than one login session per account at any time, unless they have paid for multiple login accounts. Nor may customers transfer or give out their username and password for use by others. Account sharing is a violation of the terms of this agreement.

Compliance with All Laws: By accepting this AUP, you the customer agree that you will not use this service to violate any laws enforced within the Dominion of Canada. In the event that such a violation does occur, the customer will hold Analogue Echo harmless in any claim of the same.

Unacceptable Conduct: Unacceptable conduct will not be tolerated, and will be dealt with by loss of user privileges or account. Unacceptable conduct includes events such as:

• excessive posting or otherwise abusing USENET
• sending unsolicited e-mail (spam)
• using Analogue Echo to do anything in relation to spam
• harassing other individuals
• mail bombing
• impersonating or falsifying any information
• violating anyone's privacy
• network-unfriendly activity or hacking that causes interference with normal network operations
• attempts to gain unauthorised root access on Analogue Echo's servers
• participating in chain letters
• attempting to use Analogue Echo as a staging ground to hurt others in any way.

Right to Disconnect Non-dedicated Accounts: Analogue Echo reserves the right to shut down connections that are idle for an extended period of time; thus freeing resources for other users.

Excess Utilisation of System or Network Resources: Excess utilisation of Analogue Echo's System or Network Resources may result in limitations being imposed upon a user's account, including having the account temporarily deactivated. As Analogue Echo offers a low cost service, it is important that users do not operate sites that will knowingly impact other users or cause excessive bandwidth usage (eg. of an mp3 or movie archive). Analogue Echo maintains the right to decide what is considered excess usage based on the factors of the time of violation.

Compliance with Rules of Other Networks: Agreement to this AUP is also an agreement to not abuse networks that are not owned by or affiliated with Analogue Echo.

Monitoring and Privacy: Analogue Echo strives to protect the privacy of its customers, but it must be noted that security of the network is also a high priority, and activity deemed "suspicious" in nature will be scrutinised to help ensure the integrity of Analogue Echo's networks.

Cooperation with Authorities: In the cause of a violation or abuse of this AUP; specifically in the instance of any illegal egress or transaction attempted while using Analogue Echo's services, can and will be reported to the appropriate law enforcement agency. Analogue Echo will supply all information at its disposal to these agencies if required by an investigation.

Right to Suspend or Cancel Accounts: As Analogue Echo is a private business, it is not required to provide service on an unconditional basis. A customer or potential customer can be refused access to this network and its facilities based on the discretion of Analogue Echo's management and/or staff. This section also covers a number of collateral issues:

• Late payments can result in account deactivation. Depending on the severity/frequency of late payments reactivation may be refused, or advanced payment may be made compulsory.
• Subscribers are responsible for informing Analogue Echo of any change to either physical mailing address, e-mail address or other contact information.
• A terminated account deemed eligible for a refund on a prepaid account will receive said refund on a prorated basis, calculated on month-to-month charges rather than based on any discount that may have been received for prepaying of an account.
• We may, at any time, cancel an Account at our option if:
  • Our data centre is destroyed or damaged so that it is impractical for us to continue service
  • We cannot acquire or retain the transmission connections or authorization to transmit signals required to perform the customer's needs
  • We determine that it is impractical to continue service due to the modification or alteration of customer demands after contract agreement.
  
  
  

Rights to Damages: In the case of a violation of the AUP that causes Analogue Echo significant economic harm, Analogue Echo has the right to claim economic damages of the responsible subscriber(s).

Right to Modify or Change Service: Analogue Echo maintains the right to update and change this AUP as the company sees fit. If a customer disagrees with any terms on this version, or future versions of this AUP, it is their sole recourse to cancel service with Analogue Echo.

Please note that whenever changes have been made to the AUP, you as a customer will receive notice via e-mail and/or webpage updates. Any customer who has not written within 30 days to protest the change has tacitly agreed to abide by these new rules.

If you have questions about this policy, e-mail them to: info@anecho.mb.ca

In accordance with Bill C-6: PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT all personal information is used for our internal services, and will be neither lent nor sold to an outside organisation; unless required by any reason outlined by the Analogue Echo AUP.