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Legal information
Terms of Use
ALPHA+V3 servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Please view our Terms of Service / Acceptable Use Policy in its entirety.
Transmitting spam to ALPHA+V3 Clients
ALPHA+V3 servers may not be used to transmit spam or any kind of unsolicited commercial email whether the recipient is within the ALPHA+V3 network or outside of the ALPHA+V3 network. This includes sending spam to ALPHA+V3 clients and anyone hosted on ALPHA+V3 servers. Any party broadcasting spam or any kind of unsolicited commercial email will immediately be reported to their ISP and spam reporting agencies. ALPHA+V3 also reserves the rights to bill any party responsible for the unauthorized use of ALPHA+V3 servers for transmitting spam or any kind of unsolicited commercial email up to $100 CAD per reported or discovered message. It is the responsibility of the sender to ensure that any recipient on their mail list has authorized the inclusion of their email address into their mailing list and will be responsible to provide proof of the authorization. This section is not restricted to ALPHA+V3 clients.
DMCA at ALPHA+V3
ALPHA+V3 has clients and resources located in the United States. By virtue of these facts, international treaties, and our desire to continue doing business in the US, ALPHA+V3 will act immediately to comply with the DMCA’s safe harbour for Internet Service Providers provision.
The Digital Millenium Copyright Act (DMCA) of 1998 is a United States federal law that is designed to protect copyright holders from online theft.that is, from the unlawful reproduction or distribution of their works. The DMCA covers music, movies, text and anything that is copyrighted. More importantly, the law involves you, because there is a good chance you might be breaking the law, even if you are not aware that you are.
You could be in violation if:
- you install scripts or php code that you are not authorized to use or have not paid for.
- you use photos or other images on your website that you are not authorized to use or have not paid for.
- you upload copyrighted material to your website whether or not you make it available for download
A simple rule of thumb to help you identify which materials are protected by copyright and which are not: If you would typically pay for it, then it is probably protected. If it’s a movie from the theatre, a DVD or a tape, then it is probably protected. If it is a song from the radio or one that you would buy at a music store, then it is probably protected.
If you are using any ALPHA+V3 resources, including mail services, web services, dns/domain services, or network services, then ALPHA+V3 is an Internet Service Provider to you. The DMCA requires ISPs to take down or block access to copyrighted materials in a timely fashion when notified that subscribers are sharing copyrighted files across their network.
As supported by our Terms of Service / Acceptable Use Policy (section 6.5), the use of ALPHA+V3 resources for the purpose of illegally distributing, storing or using copyrighted works is prohibited.
Upon receipt of a legally submitted notice, as defined in Section 512 of the Digital Millennium Copyright Act (DMCA), ALPHA+V3 will act immediately to comply with the DMCA’s safe harbour for Internet Service Providers provision. These actions shall collectively be referred to as “compliance measures” and may include any of the following:
- Disabling access to the ALPHA+V3 network from the cited computer.
- Disabling access to any Web site(s) or online storage space(s) cited.
- Removal of any directory listings, such as web links, to the allegedly infringing works.
- Any other action necessary with respect to “blocking or disabling access to the alleged infringing works” as required under the DMCA Section 512.
Upon enacting “compliance measures”, ALPHA+V3 will identify the source of the alleged infringement and take appropriate actions to ensure that the illegal acts do not continue.
When a complaint is received, ALPHA+V3 tracks down the location of the infringement, and disables network access for that location or device. ALPHA+V3 then attempts to identify the owner and inform him or her of the reason for this action. The owner is given the opportunity to refute or admit to the infringement. Violators are instructed to cease sharing or using all copyrighted materials and are issued a warning that the behavior is a violation of the AUP (as well as federal law). Even after this process the copyright owner still has the option to sue for damages, and has everything they need to file suit.
In compliance with the Digital Millennium Copyright Act (“DMCA”), please send DMCA notifications of claimed infringements to:
Email: abuse@getalpha.ca
All code and images on the ALPHA+V3 website is Copyright by ALPHA+V3 except for those images and code that are Copyright their respective owners. Code and images from this website may not be used without written permission by their owners.
Our Privacy Policy can be found here.
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