ClassAct Terms of Service

1. The Centre for Distance Learning and Innovation is providing each account holder with the capability to send and receive electronic mail (e-mail) via the World Wide Web (WWW) on a system known as ClassAct. CDLI will not charge ClassAct users for this service. ClassAct account holders must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; (2) provide for their own access to the Internet and pay any service fees associated with such access.

2. Each ClassAct user is responsible for the activity which transpires through the use of his or her account, and the proper selection and security of his or her password. It is required that the password be known ONLY to the registered user assigned the ClassAct account. ClassAct users agree to immediately notify CDLI of any unauthorized use of a ClassAct account or any other breach of security known to the ClassAct user.

3. No ClassAct user shall interfere with the functioning of CDLI and related systems and networks, or cause disruption in any services which are part of CDLI or accessed through CDLI. No user shall attempt unauthorized access to systems, networks, data, resources or programs. Participants in ClassAct must respect usage guidelines and Acceptable Use Policies of the other networks or systems they use or connect to by way of ClassAct.

4. ClassAct users must respect intellectual property rights and laws, including those for local and remote network locations. This includes respect for the privacy of confidential, restricted and personal data and the confidentiality of the accounts of other ClassAct users and other network participants, and respect for copyrights and licenses on the use of, or access to, information or programs.

5. For-profit or commercial activity is not permitted.

6. ClassAct shall not be used for the creation, retrieval and/or distribution of any material that is obscene, harassing, sexist, racist, malicious, fraudulent, or libelous, nor for any activity that may be considered unethical, immoral or illegal. ClassAct users acknowledge and agree that CDLI neither endorses the contents of any ClassAct user communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. ClassAct activity and users are subject to Municipal, Provincial, Federal and International law.

7. The ClassAct service makes use of the Internet to send and receive certain messages. Therefore, a ClassAct user's conduct is subject to Internet regulations, policies and procedures. ClassAct users will not use ClassAct for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

8. CDLI reserves the right to modify or discontinue the ClassAct service with or without notice to the account holders. CDLI shall not be liable to account holders or any third party should ClassAct exercise its right to modify or discontinue the ClassAct service.

9. It is CDLI's policy to respect the privacy of ClassAct users. CDLI will not monitor, edit or disclose the contents of a ClassAct user's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with a legal process served on CDLI; (2) protect and defend the rights or property of CDLI; or (3) act under exigent circumstances to protect the personal safety of ClassAct users or the public.

10. ClassAct users expressly agree that use of the ClassAct service is at the user's sole risk. The ClassAct service is provided on an "as is" and "as available" basis.

11. The amount of email storage space per ClassAct user is limited. Please visit our FAQ for more information. Some email messages may not be processed due to space constraints or outbound message limitations. ClassAct users agree that CDLI will not be responsible or liable for the deletion or failure to store messages or other information in ClassAct.

12. CDLI makes no warranty that the ClassAct service will meet your requirements, or that the ClassAct service will be uninterrupted, timely, secure or error-free; nor does CDLI make any warranty as to the results that may be obtained from the use of the ClassAct service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.

13. ClassAct users understand and agree that any material and/or data downloaded or otherwise obtained through the use of the ClassAct service is done at the user's own discretion and risk and that the ClassAct user will be solely responsible for any damage to the user's computer system or loss of data that results from the download of such material and/or data. The ClassAct service does not scan email messages for viruses or other harmful programs. This is the responsibility of the ClassAct user.

14. The ClassAct service has set no fixed upper limit on the number of messages a ClassAct user may send or receive through the ClassAct service. However, CDLI retains the right, at CDLI's sole discretion, to determine whether or not a ClassAct user's conduct is consistent with the letter and spirit of the ClassAct Terms of Service and may terminate the ClassAct user account if the conduct is found to be inconsistent with the ClassAct Terms of Service.

15. ClassAct users agree to indemnify and hold CDLI, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fee, made by any third party due to or arising out of a ClassAct user's use of the ClassAct service, the violation of this ClassAct Terms of Service, or the infringement by the ClassAct user, or other user of the ClassAct service using the ClassAct user's computer, or any intellectual property or other right of any person or entity.

16. Upon termination of the ClassAct service, the user's right to use ClassAct immediately ceases. The ClassAct user shall have no right and CDLI will have no obligation thereafter to forward any unread or unsent messages to the ClassAct user or any third party.

17. If you wish to terminate your ClassAct account, your only recourse is to discontinue using the ClassAct service.

18. All notices to a party shall be in writing and shall be made either via email or conventional mail. CDLI may broadcast notices or messages through the ClassAct service to inform ClassAct users of changes to the ClassAct Terms of Service, the ClassAct service or other matters of importance. Such broadcasts shall constitute notice to the ClassAct user.

19. Any violation of the ClassAct Terms of Service constitutes grounds for immediate removal of ClassAct access privilege and may result in other disciplinary, legal and cost-recovery action. Evidence or strong suspicion of a violation may result in the suspension of a ClassAct account, pending further clarification or investigation. Assistance with clarification or interpretation of this document may be obtained from CDLI at 1-866-836-3559 (phone), 737-2179 (fax), or info@cdli.ca (E-mail).

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