Acceptable Use Policy

This Acceptable Use Policy (“AUP”), hereby referred to as AUP, specifies actions prohibited by Norat Inc. (“NORAT”), hereby referred to as NORAT, towards Customers or End Users. It is intended to outline the Acceptable Use(s) of Internet Services provided by NORAT and its affiliates. NORAT reserves the right to modify this AUP at any given time, which will become effective upon posting a modified version of this AUP to this URL: http://norat.com/aup/.

Violations of this AUP may result in NORAT taking action, including, though not limited to temporary or permanent removal of content and the immediate suspension or termination of partial or all Customer Services without notice.

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AS WELL AS ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

GENERAL USE

NORAT’s networks and services may only be used for lawful purposes. 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.

Customers shall at all times comply with all applicable laws and regulations of the Government of Canada and all other governmental entities that govern, restrict, or otherwise pertain to the use, distribution, export, or import of data, technical data, and/or products and services. 

Customers must comply with the current bandwidth; data storage and other limitations that may be in effect for the services you have purchased. Consistent use in excess of any such limits may result in the requirement to move to a higher level of service, or a payment for the additional services being used.

Customers shall not utilize NORAT’s public servers for development or debugging of applications or web sites. Development should largely take place on customer computers before being uploaded to the NORAT network.

TERMS AND CONDITIONS: 

PURCHASE

Purchased products and services are subject to and submitted in accordance with these Terms and Conditions irrespective of inconsistent or additional terms and conditions in Customer’s Purchase Orders or other documents submitted by Customer to NORAT.

Retail prices for NORAT consulting services shall be in accordance with the NORAT Price List in effect at the time of order, reorder, or as specified on an authorized NORAT quotation in force at the time an order is accepted.

BILLING AND PAYMENT

NORAT establishes a single account for each Customer. There may be instances where a single Customer may require billing to be made to more than one entity. NORAT performs it’s billing and account per account, not per type of service.

If Customer establishes more than one NORAT account for its own accounting purposes, crossover transactions between such accounts are not permitted. 

For more details regarding NORAT’s Billing Policy, refer to: https://norat.com/home/aup/billing-policy/

Payments that are made by cheque will require separate cheques for each account. Payments made by credit card allows for separate charges to be made to each account. Terms of payment established by NORAT shall require prepaid cheque, credit card (i.e., Cheque, Visa, or MasterCard), C.O.D where applicable, or Net Invoice. Customers may apply to open an account in writing and establish credit with thirty (30) day terms. Upon credit approval issued in writing, terms of payment become net thirty (30) days. NORAT reserves the right and sole discretion to revoke all credit extensions.

Invoices shall be issued: a) in advance of a covered period for term service products, including Internet and Support services; b) immediately following the delivery of periodical consulting services; c) on delivery in the case of products; or, d) as specified in a written quotation or agreement. Upon NORAT issuing an invoice, 

Customer agrees to pay invoices when due in all cases, regardless of other scheduled deliveries.

Invoices not paid within ten (10) days of the due date will be considered past due.

New orders will not be accepted if an account is more than fifteen (15) days past due. Services may be suspended when an account is more than twenty (20) days past due, until the account is current. A re-activation fee is required to restore suspended services.

An account more than thirty (30) days past due will be placed on a credit hold. Services shall be suspended or terminated and orders shall not be accepted. In addition, any credit may be revoked and all future orders shall be prepaid or C.O.D. only.

NORAT may include a monthly service charge on past due accounts, equal to five ($5) dollars or 2% per month on the unpaid balance, whichever is greater.

Accounts more than sixty (60) days past due shall be referred to collection. Customer agrees to pay collection charges incurred.

SYSTEM AND NETWORK SECURITY

System or Network Security violations are prohibited and may result in criminal or civil liability. NORAT is under no obligation to monitor network transmissions or services, but reserves the right to do so from time to time, leading to investigating such violations. Examples of system or network security violations include the following, without limitation:

1. Unauthorized access to, or use of, data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; or,
2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; or,
3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, or,
4. Forging of any TCP / IP (Internet Protocol) packet header or any part of the header information in an email posting.

EMAIL

Sending unsolicited mail messages is prohibited. This includes without limitation, commercial advertising, informational announcements, and mail messages that are NOT sent through a NORAT mail relay. Users shall not use another site’s mail server to relay mail without the site’s express permission. 

HOSTING

Customers are solely responsible for the content of any server or site hosted on NORAT’s network. This includes the security of data and applications stored thereon. All required legal permission must be obtained to use such content. NORAT reserves the right to refuse or remove content, either wholly or in part, that in its sole discretion is deemed offensive, indecent, or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful. 

TECHNICAL ASSISTANCE

Technical support will be available during the hours of: Monday to Friday, from 10:00 am – 5:00 pm, with a return call for overflow calls. After 5 pm, support will be available via email and call back. Technical support during Saturday and Sunday will be made available by return call and email only. 

An online help menu will be posted on the website for the most Frequently Asked Questions (FAQ’s). This part of the website will be consistently updated as customer needs change.

COMPLAINTS

Any comments, questions, or complaints should be addressed to info@norat.com.

LIMITATION OF LIABILITY

Customer agrees that NORAT assumes no liability for any losses or damages, whether direct or indirect, from any cause whatsoever.

Customer further agrees that NORAT will not be liable for any lost profits, or for any claim or demand against the Customer by any other party.

No action, regardless of form, arising out of these Terms and Conditions transactions or any other NORAT Agreement may be brought by Customer more than one (1) year after the cause of action has occurred.

IN NO EVENT WILL NORAT BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF NORAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NORAT SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, CONSEQUENTIAL OR OTHERWISE, OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES ORDERED.

This work is © copyright 2017 by NORAT Inc. It may not be wholly or in part reproduced without the author’s express written permission. All trademarks and brand names are acknowledged as belonging to their respective entities.