Common use of Data Usage Clause in Contracts

Data Usage. Data usage rates may vary from those stated as a result of rounding rules including, without limitation, rounding up to the nearest cent and rounding for minimum message length. Transmission Control Protocol/Internet Protocol overhead characters shall be added to all data transmissions which characters shall be included in the calculation of kilobytes used. Unless otherwise specifically agreed to in writing by the parties, there shall be no pooling of kilobytes between Devices. For the purposes of aggregating monthly data usage Rogers may, at its discretion, aggregate prior to and/or subsequent to rating and rounding certain data transmissions. Customer will be charged for all data usage sent through Rogers’ network regardless of whether the Devices actually receive the information. Compression may impact the total amount billed to Customer’s account. Rogers’ network may resend data packets to ensure complete delivery and Customer will be billed for these resent packets. Customer agrees that to the extent there is any dispute as to the amount of data transmitted to and from a Device in a particular period of time then the amount of data transmitted as determined by Rogers’ billing system shall govern. Without limiting the generality of the foregoing, ▇▇▇▇▇▇▇▇ agrees that Customer will not and will cause its end users to not use any Device or other feature of the Services to, directly or indirectly: a) invade another person’s privacy; unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation; b) access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person, nor use any tools designed to facilitate such access, such as "packet sniffers"; c) upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software or other material that is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner or rightholder; d) copy, distribute or sublicense any software Rogers provides or makes available to Customer or its end users; e) alter, modify or tamper with any Device or other feature of the Services; f) restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Internet, any Device or other feature of the Services, or create an unusually large burden on the Rogers Facilities, including, without limitation: posting or transmitting any information or software that contains a virus, lock, key, bomb, worm, trojan horse or other harmful or debilitating feature; distributing mass or unsolicited e-mail; or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information; g) disrupt any backbone network nodes or network service used by Rogers, or otherwise restrict, inhibit, disrupt, or impede Rogers’ ability to monitor or deliver any data or other feature of the Services; h) interfere with computer networking or telecommunications service to or from any Internet user, host or network, including but not limited to denial of service attacks, overloading a service, improper seizure or abuse of operator privileges ("hacking") or attempting to "crash" a host; i) resell any Device or other feature of the Services, or use any Device or other feature of the Services for anything other than Customer’s own business purposes. Without limiting the foregoing, Customer agrees that Customer and end users will not use the Services to provide any Device, Internet access or any other feature of the Services to any third party; j) port scan any computer or any other person, without the knowledge and consent of such person, nor use any tools designed to facilitate such scans. In addition to Rogers’ termination rights set out elsewhere in this Agreement, Rogers may terminate this Agreement if Customer or its end users engage in one or more of the above prohibited activities. Additionally, Rogers reserves the right to charge Customer for any direct or indirect costs incurred by Rogers or its affiliates, in connection with Customer’s or its end users’ breach of any provision of this section of this Agreement, including costs incurred to enforce Customer’s and end users’ compliance with it.