1. Welcome to Port Perry Online

In order to provide its Customers & Guests (Customers) quality services, Port Perry Online (Company) requires that all Customers adhere to the guidelines, policies, terms and conditions as described herein. Company reserves the right to change, amend or modify these guidelines, from time to time, without any prior notice to the Customers. By opening an account or simply visiting the Company website you hereby acknowledge that you have read, understood and agreed to adhere to this acceptable use policy. In addition, you also recognize that failure to comply with these regulations may result in the termination of your account or IP access and services at any time with or without notice. Your use and/or continued use of the services and website shall be deemed an acceptance of this Acceptable Use Policy and any modification that may be amended thereafter.

This Acceptable Use Policy shall be used in conjunction with any other terms and conditions or service agreements that are made available to the Customers.  

In an industry that provides and promotes free dissemination of information, Company must take the necessary precautions and reserves the right to take certain preventive or corrective actions in order to protect its own rights and the rights of its Customers. Company can not and does not monitor, verify, censor, or warrant for the accuracy or quality of information that is transmitted or disseminated by its Customers when using its Services. As such, it is the responsibility of each Customers to exercise its best judgment in relying on the information obtaine d via the Internet or the information that it transmits to others via the Internet. Recognizing that much of the information may contain sexually explicit or offensive material, Company disclaims any liability for injury to its Customers or other third parties that results from inaccurate, unsuitable, offensive or illegal Internet communications. It is for these reasons that Company has set forth these guidelines and restrictive policies for its Customers to adhere to. 

2. Acceptable and Restricted Use of Services

All services provided by Company shall be used by the Customers for lawful purposes and in compliance with all applicable laws. Since Company is not a content provider and does not monitor the content being transmitted, posted or stored by the Customers, it’s the Customer’s responsibility to determine what laws or regulations are applicable to its use of the Services and Products provided. Customer is strictly prohibited from storing, posting, transmitting, re-transmitting or distributing material on or through any of the Services or Products which in the sole discretion of Company (i) is in violation of any Canadian local, provincial, federal or non-Canadian law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer (iv) that is a direct or indirect threatens physical harm, (v) that displays child pornography, (vi) information that is determined to be harassing in nature, (vi) material and programs that contain viruses or Trojans or tools to compromise the security of others, (vii) deceptive online marketing practices, or (viii) actions that restrict or inhibit any persons, whether a Customer of Company or otherwise, in its use or enjoyment of Company’s Services or Products.

3. Network and Systems Security

Customers shall not utilize any of Company’s Services to compromise the security or tamper with Company’s system, network or accounts on any of Company’s computers, routers, terminal servers, or other equipment that is located at Company’s site. Customers shall be specifically prohibited, without limitation, of the following:

(i) Introduction of malicious programs into the network;
(ii) Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
(iii) Executing any form of network monitoring which will intercept data not intended for the Customer's server
(iv) Circumventing user authentication or security of any host, network or account
(v) Interfering with or denying service to any user other than the Customer's host (for example, denial of service attack).
(vi) Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet
(vii) Creating an "active" full time connection on a Company-provided dial-up account for Internet access by using artificial means involving software, programming or any other method
(viii) Utilizing a Company-provided dial-up account for purposes for Internet access other than facilitating connectivity to the Services and Products provided by the Company. This includes copying or creating files utilizing more than 5MB of disk space on the dial-up account servers
(ix) Failing to comply with the Company's procedure relating to the activities of customers on the Company's premises 

4. Penalties

Any and all restrictive activities are subject to immediate termination of Customer’s account or IP access. Customer may also be subject to any and all criminal and civil penalties available under the law. Accounts that have been terminated as a result of abuse or violation of this Acceptable Use Policy shall not be reopened and Customer shall not be reimbursed for any fees that may have been paid whose services had been suspended or terminated for reasons stated herein.

5. Indemnification

Customers agree to indemnify, waive and hold Company, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any and all claims and expenses related to the Customer’s violation of this AUP, including any abusive or unlawful behavior on the part of the Customer or anyone using the Customer’s account or the infringement of any intellectual property or privacy rights of any person or entity. This shall mean that Customers can not sue or recover damages whatsoever from Company as a result of Company’s decision to remove material from its servers, warn you, suspend or terminate Customer’s account or IP access or take any other action during the investigation of a suspended violation or as a result of Company’s conclusion that violation has occurred.

6. Restricted Use of Mail

The following mail practices are strictly prohibited: 
(i) Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the Customer or with whom the Customer does not have an existing business relationship ("Email spam").
(ii) Harassment, whether through language, frequency or size of messages.
(iii) Unauthorized use, or forging, of mail header information
(iv) Solicitations of mail for any other email address other than that of the poster's account or service with the intent to harass or to collect replies
(v) Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
(vi) Use of unsolicited Email originating from within Company’s network or networks of any other Internet Service Providers on behalf of, or to advertise, any service hosted by Company, or connected via Company’s network.

7. Billing Procedures

Customers are responsible to make timely payments if applicable. Customers must furnish accurate and correct personal or corporate billing information. It is Customer’s responsibility to make sure that their accounts, if any, are kept up to date and current. Customers who choose to make payment with credit cards must provide their full name, billing address, credit card number and expiration date. It is the Customer’s responsibility to timely notify the billing department of any changes in its credit card account. Payment for all Services and Products by fraudulent means, including without limitation, false names, unauthorized use of credit cards, false date will result in immediate and permanent termination of the account and possible criminal penalties. Customers will be charged an additional fee for any returned checks, or unprocessed credit card charges. Failure by Customers to make timely payments may result in Company canceling any Customers account without notice due to non-payment. In the event that Accountholder fails to timely make full payment of each invoice, Company reserves the right to charge interest, late fees and/or reactivation charges on the delinquent Accountholder’s account. In the event of cancellation by Customer, Customer must contact Company’s billing or sales department. NON-USAGE OF AN ACCOUNT OR NON-PAYMENT IS NOT PROOF OF CANCELLATION OF SERVICE. Company reserves the right to seek the collection of payments owed by all means available to it by law. Accountholders are responsible for full payment on all accounts whether or not the account is ever utilized. All original unopened software must be returned to Company in order for Accountholder to be entitled to any refund. In the event that Accountholder fails to return the original unopened software to Company, Accountholder will be billed for a minimum of one month’s service. Any billing discrepancies shall be presented to Company in reasonable detail, in writing, within twenty (20) days of the date of the charge. Such notification shall not relieve Customers of the obligation to make all payments including the amounts disputed by the due date. Company shall not be obligated to consider any Customers notice of billing discrepancies which are received by Company more than twenty (20) days following the date of the invoice in question. If a Customer fails to dispute any charge after twenty (20) days from the date of the charge, Customer waives its rights to thereafter make any such dispute and all such charges will be deemed valid. Company makes no warranties as to the availability or right to use of any login name, Email address, or domain names. Login names, Email addresses and domain names that are NOT confirmed at the time of sign-up of any Customer. Payment by check does not guarantee that the domain names are available and/or confirmed at time of sign-up. Company will not refund any charges for reprinting of stationary or any other losses incurred. Company MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF BILLING, OR THE QUALITY OF SERVICES PROVIDED OR TO THE WARRANTY OF MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE. Customer agrees that at the end of the term of the account initially agreed to by Customer or any term thereafter, Company may, at its sole discretion, automatically renew such Internet account for an additional term. Customer further agrees that upon renewal of such an account, Company may continue to charge Customer’s credit card or seek other form of payment from Customer, for which Customer shall be responsible for. In the event that Customer does not wish Company to automatically renew such Internet account, it is Customer’s sole responsibility to notify Company of such intent prior to the expiration of such term. Company may also, from time to time, provide Customers updates or changes to the Customer’s account information, as it may be deemed necessary.

8. DISCLAIMERS

Company to the fullest extent permitted by law, disclaims all warranties, including warranty of merchantability, fitness for a particular purpose and non-infringement of third party rights. Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, graphics, and/or links. Neither Company or its directors, employees, licensors, content providers , affiliates or other representatives will be liable for any damages whatsoever, including without limitation any direct, indirect, incidental, consequential, special and exemplary damages, arising from the use or performance of this website or from any information, services or products represented or provided through this website, even if Company has been advised of these damages. This document and all other documents and information that are or may be published from time to time on this website could include technical inaccuracies or typographical errors. Changes are made periodically to the information contained herein. Company. May make improvements and/or changes in the documents, services, products and or the programs described herein at any time.

9. Intellectual Property Rights

Customer acknowledges and agrees that any and all copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws protect all content and materials made available on the Company website(s). Nothing contained on the Company website shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process or related material belonging to Company by virtue of being displayed or made accessible on any Company website. Except as expressly authorized by Company, Customer agrees not to use this site or the Services in any manner that would infringe, violate, dilute or misappropriate any such rights with respect to any material which Customer accesses through this website or the use of Services. The Company. name, Company logo, other related names, designs marks, product names or related logos are trademarks of Company, Inc. and may only be use with express written permission of Company. Company claims copyright right interests in all original content or works provided by Company on its website. If any pages, information or content is copied it may only be copied for non-commercial uses and Company shall in any event retain all copyright and other proprietary interests therein. If Customer shall use a domain name in connection with the Company Services, Customer shall not use that domain name in violation of any trademark, service mark or similar rights of any third party.

10.  Photographic Releases

No model releases or any other releases exist on any Images found on PortPerry.com unless the existence of such release is specified in writing by Darren Scala.  All images Copyright © Darren Scala, All Rights Reserved. If you wish to licence an image for commerical use please contact the photographer for rates at www.darrenscala.com.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE OWNER OF THE IMAGES ON PORTPERRY.COM BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE.

12. Protection of Images

Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Unless otherwise specifically stated, Images remain the property of Darren Scala or the particular photographers. Use is granted for Canada only, unless otherwise specified. User does not acquire any right, title or interest in or to any Image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the digital files made therefrom other than as specified herein. Full credit and copyright information must remain with file.

All rights not specifically granted herein to Customer are reserved for Darren Scala's use and disposition without any limitations whatsoever.

13. Unauthorized Use

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to five (5) times the normal price we would have charged for such unauthorized use within fourteen (14) days of our billing such fee. If you fail to make such payment timely, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including lawyer's fee and all associated costs.

All policies stated herein are subject to change at Company’s sole discretion. Customer shall be responsible for adhering to any and all new policies implemented by Company in the future.