Customer Privacy

• bluArc will not sell, distribute, or otherwise make public any of a customer’s business or service information without prior written consent from the Customer.
• bluArc reserves the right to use any and all service information without associating it specifically to the Customer; for example, using it for statistical purposes. Internally, bluArc looks at statistical information to see how its services and features are being utilized. This has helped bluArc streamline its service offering.

Monitoring

• bluArc does not monitor customer services. However, to protect itself and its subscribers, bluArc will be entitled to electronically monitor the services from time to time and disclose any information concerning the Customer to satisfy law, regulation or lawful request or as necessary to operate its services or to protect itself or others.
• Other reasons for disclosure are identified under the Personal Information Protection and Electronic Documents Act (PIPEDA), Section 7(3) Disclosure without knowledge or consent:
  • Collection of debt owed to bluArc
  • Required to comply with a subpoena or warrant
  • Request made to a government institution or part of a government institution
  • Emergency that threatens life, health or security of an individual
• bluArc will not intentionally monitor or disclose any private email message unless required by law.
• bluArc reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines are unacceptable, undesirable, or in violation of its Privacy Policy.

System or Network Security

• Customers are prohibited from violating any system or network security measures including, but not limited to, engaging in unauthorized access or use of bluArc’s or a third party’s network, data or information.
• Customers are prohibited from interfering with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system or broadcast attacks.
• Customers are prohibited from forging any TCP/IP packet header or any part of the header information in an email or newsgroup posting.
• While using the bluArc services, customers may not:
  • post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the services or the Internet
  • post or transmit messages constituting spam, which includes but is not limited to unsolicited email messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of email or news group servers
  • post or transmit any information or software that contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive components
  • upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material that is:

• 1. confidential or protected by copyright or other intellectual property rights without prior authorization from the rights’ holder(s)
  2. defamatory, obscene, child pornography or hate literature
  3. constitutes invasion of privacy, appropriation of personality, or unauthorized linking or faming
  4. engage in account sharing including, without limitation, permitting third parties to use your service account and password
  5. use the service for simultaneous sessions using the same User ID and password
  6. tamper with, alter or otherwise rearrange the services. The customer shall not abuse or fraudulently use bluArc, or permit or assist others to do so:
  7. in any manner that interferes with the services or the provision of the services, bluArc’s network, or access by other users
  8. for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights
  9. for commercial purposes, resell or re-market all or any portion of the services provided.

• The customer is solely responsible for use of the services by any of its employees, officers, directors, agents and its customers. The customer agrees to take all necessary measures to ensure that such persons use the services in accordance with the terms and conditions of bluArc’s Privacy Policy.
• bluArc reserves the right to take any action, including immediate suspension of the services that it considers necessary to ensure customers’ compliance with bluArc’s Privacy Policy.