Acceptable Use Policy
Last updated on September 10, 2007.
Indigo Books & Music Inc. ("Indigo") has established this
acceptable use policy (this "Acceptable Use Policy") for the
purpose of governing the responsible use by Indigo's customers and
others (collectively, "Users" and each, individually, a "User")
of the Website (as defined in the "
Term
of Use")
provided by Indigo.
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 Indigo. 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 Indigo’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.
Indigo 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 Indigo determines, in its sole discretion, to be in violation
of any provision of this Acceptable Use Policy may be subject to Indigo suspending
or terminating the User’s access without the necessity of issuing a
warning. At all times, Indigo shall have the discretion to take such action
as Indigo deems necessary, in its sole discretion, to preclude a violation,
and Indigo shall not be liable for any damages of any nature suffered by
any User, or third party resulting in any manner whatsoever from Indigo’s
exercise of its rights under this Acceptable Use Policy.
Monitoring
Although Indigo does not constantly monitor the Website, it nevertheless
expressly reserves the right to do so. Indigo bears no responsibility or
liability for any information that was not posted to the Website by Indigo.
Indigo bears no responsibility or liability for the content of any other
websites linked to or from the Website; these links are provided by Indigo
as Internet navigation tools only.
Privacy
A User interacting with the Website who provides Indigo with his/her name,
address, telephone number, e-mail address, domain name or URL or any other
personally identifiable information thereby expressly permits Indigo to use
such information in accordance with Indigo’s
Privacy
Policy .
Modification
Indigo 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 Indigo.
You understand that except for advertising programs offered by Indigo 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 Indigo 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 Indigo, 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 Indigo, is objectionable or which restricts
or inhibits any other person from using or enjoying the Website, or which
may expose Indigo or its Users to any harm or liability of any type.