Legal Terms of Service

The following are the current documents detailing terms of service for various airgate services and addenda to your master services agreement.

Security Practices:

PRODUCT TERMS:  SECURITY PRACTICES

In addition to any other terms and conditions of Customer’s Agreement with AirGate, these Product Terms shall apply when Customer purchases Managed Services or Managed Support for Microsoft Azure Services.

1. SECURITY PRACTICES.  AirGate shall maintain and implement the following technical and organizational measures in relation to the security of the Customer Configuration. Customer remains the primary system/account administrator and is responsible for the integrity, security, maintenance and appropriate protection of Customer Data by: (i) selecting and purchasing appropriate security Services; (ii) implementing appropriate encryption, security infrastructure and logical access controls; and (iii) maintaining appropriate application security controls. Additional AirGate services are available to help Customers meet these requirements.

1.1. Physical Security – Data Centers for Managed ExpressRoute or Cloud Connectivity Services. The following physical security controls apply to Customer Data residing in data center or office premises either owned or leased by AirGate Technologies Inc. or its Affiliate in connection with the provision of Services to Customer:

(A) Devices dedicated to providing Network Services including Managed ExpressRoute and Cloud Connectivity for Customer’s use as part of the Customer Configuration provided by AirGate will be located in a controlled access data center (or portion thereof) either operated by or leased for use by AirGate or its Affiliate.

(B) AirGate or the facility provider operates or audits the use of an electronic access control system which logs access to physical facilities, managed by a professional security guard force in line with its current processes.

(C) Access to the locked cages or racks of the data halls will be restricted to AirGate employees or its agents who need access for the purpose of providing the Services. Access within data center facilities is in zones and provisioned based on physical access rights required by a given individual.

(D) The data center will be staffed 24/7/365 and will be monitored by video surveillance, recording to a centralized location, and viewed by the onsite security force.

(E) AirGate limits access to physical facilities to authorized individuals by proximity-based access cards and biometric hand scanners or other approved security authentication methods provided by the data center facility provider.

1.2. Administrative Controls.

(A) Screening. AirGate will perform pre-employment background screening of its employees who have access to Customer’s account, and is committed to employee supervision, training, and management.

 (B) AirGate Access. AirGate will restrict the use of administrative access codes for Customer’s account or subscriptions to its employees and other agents who need the access codes for the purpose of providing the Services. AirGate personnel who use access codes shall be required to log on using an assigned user name and password consistent with industry best practices for access control security.

(C) Customer Access. As the primary system administrator, Customer is responsible for the management of their account, including creation, change management, and termination, and enforcement of related access and password controls.

1.3. Reports of and Response to Security Breach. AirGate will report to Customer as soon as reasonably practicable in writing and in accordance with applicable law, of a material breach of the security of the Customer Configuration which results in unauthorized access to Customer Data resulting in the destruction, loss, unauthorized disclosure or alteration of Customer Data of which AirGate becomes aware. Upon request, AirGate will promptly provide to Customer all relevant information and documentation that AirGate has available to AirGate regarding the Customer Configuration in connection with any such event. AirGate shall be under no obligation to notify routine security alerts in respect of the Customer Configuration (including pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing, or other unauthorized access to traffic data that does not result in access beyond IP addresses or headers, or similar incidents) save as otherwise specifically set out in the Agreement.

1.4. Customer Data Return. The Services enable Customer to retrieve, correct, or delete Customer Data. Depending on the Services, Customer may not have access to the Customer Configuration or Customer Data during a suspension of Services, or following the termination of the Agreement. Customer is responsible for retrieving a copy of Customer Data prior to the termination of the Agreement. AirGate may delete Customer Data at any time following termination of the Agreement.

2. PRIVACY PRACTICES. Customer and AirGate will comply with applicable laws in relation to their collection and processing of any Sensitive Data in the provision and use of the Services.

If and to the extent the EU Directive 95/46/EC or the EU General Data Protection Regulation (EU) 2016/679 (together with any transposing, implementing, or supplemental legislation “GDPR”) applies to the processing Personal Data (as defined in the GDPR) (i) AirGate will process Personal Data only in accordance with Customer's instructions, except as required by applicable law, and Customer acknowledges that this Agreement, together with Customer's configuration and use of the Services, represents its complete instructions to AirGate on the processing of such Personal Data

Acceptable Use:

ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) describes activities prohibited on the AirGate network and services for the protection of AirGate and its Representatives, Services, network and other customers. Questions regarding this policy should be directed to abuse@AirGate.ca.

1. ABUSE. Customer shall not use AirGate's Services or network to engage in, foster, solicit or promote illegal, abusive or irresponsible behavior including:          

1.1. conduct likely to breach any laws, codes or regulations applicable to the parties (including conduct infringing or misappropriating intellectual property, trade secrets, confidential or proprietary information; or which is fraudulent, unfair, deceptive or defamatory);

1.2. unauthorized access to, monitoring or use of, or interference with an internet account, computer, systems, networks, data or traffic;

1.3. intentionally, knowingly or recklessly introducing any malicious code into the Services;

1.4. conduct violating rules and conventions of any domain registrar, email service, bulletin board, chat group, or forum used in conjunction with AirGate Services or network (including using false, misleading or deceptive TCP-IP packet header information in an email or newsgroup posting);

1.5. deceitfully collecting, transmitting or using information, or distributing software which covertly gathers or transmits information about a user; 1.6. distributing advertisement delivery software unless the user affirmatively consents to download and installation based on clear and conspicuous notice of the nature of the software, and can easily remove software using standard tools included on major operating systems;

1.7. conduct likely to result in retaliation or adverse action against AirGate or its services, network, website(s) or Representatives (including resulting in listing of AirGate IP space on an abuse database);

1.8. conduct intended to withhold or cloak identity or contact information, registering to use Services under a false name, or using an invalid or unauthorized credit card in connection with Services;

1.9. gambling activity violating any applicable codes of practice, required licenses or technical standards;

1.10. use of any AirGate provided shared system in a way that unnecessarily interferes with the normal operation of the shared system, or consumes a disproportionate share of system resources; and

1.11. conduct creating a risk to safety or health, national security or law enforcement.

2. OFFENSIVE BEHAVIOR. Customer shall not be abusive or offensive to AirGate Representatives. Customer shall not publish, transmit or store on or via the Services content or links to content that AirGate reasonably believes relates in any manner to child pornography, bestiality, non-consensual sex acts, or live sex acts; or is excessively violent, incites or threatens violence, contains harassing content or hate speech, violates a person’s privacy, is malicious or morally repugnant.

 3. NO HIGH RISK USE. Customer shall not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage (including in connection with aircraft or other modes of human mass transportation, or nuclear or chemical facilities).

4. MAIL REQUIREMENTS. For bulk or commercial email sent by or on behalf of Customer using the Services or from any network that directly or indirectly refers recipients to a site hosted using the Services (including using third party distribution lists), Customer shall:

4.1. post a privacy policy for each associated domain;

4.2. post an email address for complaints in a conspicuous place on any associated website, promptly respond to messages sent to that address, and have means to track anonymous complaints;

4.3. obtain affirmative consent to receive e-mail from intended recipients using reasonable means to verify ownership of the e-mail address, honor and notify recipients of consent revocation, and evidence consent within 72 hours of recipient or AirGate request; and

4.4. include the recipient's e-mail address in the e-mail body or "TO" line.

5. VULNERABILITY TESTING. Customer shall not attempt to test the vulnerability of a AirGate system or network, or attempt to breach AirGate security measures, by any means (Customer may conduct vulnerability testing of their Services only with AirGate’s prior written consent).

6. EXPORT CONTROL. Customer shall ensure Services are not used in breach of export laws, controls, regulations or sanction policies of the United States or Customer’s applicable jurisdiction. Customer shall ensure Services are not used by any person or entity suspected of involvement or affiliation with those involved in activities or causes relating to: human trafficking; illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical, or biological weapons, weapons of mass destruction, or missiles.

7. COOPERATION WITH INVESTIGATIONS AND PROCEEDINGS. Customer agrees AirGate may permit a relevant authority to inspect Customer’s content or traffic if AirGate is legally required to do so, provided AirGate gives Customer reasonable prior notice (where permitted by applicable law and regulation). AirGate may report to appropriate authorities any Customer conduct AirGate believes violates applicable law without notice to Customer (including providing any information about Customer, its users or traffic). AirGate may cooperate in response to a formal request from a law enforcement or regulatory agency investigating conduct AirGate believes violates applicable law, or in a civil action that on its face meets the requirements for such a request.

8. DOMAIN NAMES, IP ADDRESSES AND DNS RECORDS. Customer shall maintain valid information with Customer’s domain name registrar for any domain hosted on the AirGate network, and only use IP addresses assigned to Customer by AirGate in connection with the Services. Customer agrees AirGate may modify, transfer or delete any DNS record or zone on AirGate managed or operated DNS servers or services upon request from the registrant or administrative contact according to the registrar’s WHOIS system.

9. CHANGES TO AUP. AirGate may amend the AUP by publishing a revised version at www.AirGate.ca/information/legal/aup, or in the event of a material adverse AUP change by providing Customer 30 days written notice. The revised AUP shall become effective as to Customer on the first to occur of: (i) Customer’s execution of a new or additional agreement for all or part of the Services incorporating the revised AUP, (ii) the first day of an Agreement renewal term beginning at least 30 days after revised AUP publication, or (iii) expiry of written notice of material adverse AUP change. If compliance with the revised AUP would adversely affect Customer’s use of the Services, Customer may terminate the affected Services (without payment of an early termination fee) by giving AirGate written notice of Customer’s objection no later than 30 days following the date that the revised AUP would otherwise have become effective as to Customer; Customer may continue  using the Services for up to an additional 90 days subject to the prior version of the AUP; and AirGate may decide to waive the AUP change as to Customer in which case the notice of termination shall be of no effect.

10. AUP BREACH. If Customer breaches the AUP (including unintentionally, resulting from Customer’s failure to use reasonable security precautions, or as a result of activity occurring without Customer authorization) AirGate may block any content or traffic, suspend the Services, or terminate the Services in accordance with the Agreement. No credit shall be available under any Service Level Agreement for interruptions of Services resulting from AUP breach. Customer’s use of the Services to assist another person in an activity that would breach this AUP if performed by Customer is an AUP breach