Introduction

This Acceptable Use Policy (the “AUP” or “Policy”) governs the use of hosting, infrastructure, cloud, managed services, backup, migration, consulting, development, support, cybersecurity, software, hardware, network connectivity, customer-portal features, and related services provided by Aim 4 The Cloud Inc. (“Aim 4 The Cloud,” “Provider,” “we,” “us,” or “our”), collectively, the “Services.”

This AUP forms part of the agreement between Aim 4 The Cloud and the person or organization purchasing, accessing, or using the Services (“Customer,” “you,” or “your”). Capitalized terms not defined in this AUP have the meanings given to them in the applicable Terms of Service, Service Order, statement of work, service-level agreement, or other document forming part of the Agreement.

By purchasing, accessing, using, or permitting another person to use the Services, Customer agrees to comply with this AUP. If this AUP conflicts with the Terms of Service or a signed Service Order, the order of precedence stated in the Terms of Service applies.

1. Scope

This AUP applies to Customer and to every employee, contractor, agent, administrator, end user, customer, visitor, or other person who accesses or uses the Services through Customer’s account, systems, credentials, applications, or infrastructure.

Customer is responsible for:

1. ensuring that all authorized users comply with this AUP;
2. maintaining appropriate control over accounts, credentials, permissions, and access;
3. promptly ending access for any person who is no longer authorized;
4. all activity conducted through Customer’s Services, except to the extent directly caused by Aim 4 The Cloud’s breach of the Agreement; and
5. cooperating reasonably with abuse, security, legal, and compliance investigations.

A violation by a person using Customer’s account or Services will be treated as a violation by Customer.

2. Permitted Use

Customer may use the Services for lawful business, organizational, professional, development, testing, communications, hosting, storage, security, and related purposes permitted by the Agreement and the applicable Service Order.

Customer must:

1. comply with all laws, regulations, court orders, governmental requirements, and legally binding industry obligations applicable to Customer, Customer Data, Customer Content, and the Services;
2. follow reasonable technical, security, and operational instructions issued by Aim 4 The Cloud;
3. maintain reasonable security for Customer-controlled devices, applications, operating systems, networks, credentials, and data;
4. obtain all rights, licences, permissions, consents, and authorizations required for Customer Content and Customer’s use of the Services;
5. promptly notify Aim 4 The Cloud of suspected unauthorized access, compromised credentials, malware, unlawful use, or another security incident involving the Services; and
6. use the Services in a manner that does not unreasonably interfere with the availability, integrity, performance, or security of the Services or another customer’s services.

3. Prohibited Activities

Customer and Customer’s users must not use, attempt to use, or permit the Services to be used for any of the following activities.

3.1 Unlawful, Fraudulent, or Harmful Activity

The Services must not be used to create, host, store, process, publish, transmit, promote, facilitate, or make available content or activity that:

1. violates the laws of Canada, British Columbia, another applicable province or territory, or another jurisdiction lawfully applicable to the activity;
2. involves fraud, forgery, identity theft, phishing, deceptive impersonation, financial crime, trafficking, exploitation, extortion, or other unlawful conduct;
3. communicates a threat, unlawfully harasses another person, unlawfully promotes violence, or constitutes prohibited hate propaganda;
4. involves child sexual abuse and exploitation material, the sexual exploitation of a minor, or any other content whose creation, possession, transmission, or distribution is prohibited by law;
5. publishes, distributes, transmits, advertises, or makes available an intimate image without legally required consent;
6. unlawfully facilitates the sale, distribution, or promotion of controlled, prohibited, counterfeit, or illegally obtained goods or services;
7. violates sanctions, export controls, trade restrictions, or other legally binding restrictions applicable to Customer or the Services; or
8. is otherwise reasonably likely to expose Aim 4 The Cloud, its infrastructure, another customer, or a third party to material legal, security, or operational harm.

3.2 Intellectual-Property Infringement

Customer must not use the Services to infringe, misappropriate, or violate copyright, moral rights, trademarks, patents, trade secrets, publicity rights, privacy rights, or other proprietary rights.

Prohibited activity includes uploading, hosting, storing, transmitting, streaming, distributing, selling, or making available software, movies, video, music, photographs, images, games, books, databases, source code, or other protected material without the rights, licence, permission, or lawful exception required for that use.

Aim 4 The Cloud may process notices of claimed copyright infringement in accordance with the Canadian Copyright Act and the Agreement. Receiving or forwarding a copyright notice does not, by itself, mean that Aim 4 The Cloud has determined that infringement occurred.

3.3 Malware and Malicious Code

Customer must not knowingly or recklessly create, install, execute, host, store, transmit, distribute, or facilitate:

1. viruses, worms, trojans, ransomware, spyware, credential-stealing software, destructive code, or other malware;
2. botnets, command-and-control infrastructure, malicious payloads, exploit kits, or infrastructure intended to compromise systems;
3. software or code designed primarily to evade security controls, conceal malicious activity, steal information, damage systems, or obtain unauthorized access; or
4. files, links, scripts, or messages intended to mislead a recipient into installing malicious software or disclosing credentials or sensitive information.

Legitimate cybersecurity research, malware analysis, penetration testing, or security training is permitted only where it is lawful, appropriately contained, within Customer’s authorized scope, and expressly permitted by the applicable Service Order or approved in writing by Aim 4 The Cloud.

3.4 Unauthorized Access and Security Testing

Customer must not, without lawful authority and the express permission of the system owner:

1. access or attempt to access an account, computer, network, application, device, data set, or service;
2. intercept data, credentials, communications, or computer functions;
3. scan, probe, enumerate, test, or exploit vulnerabilities;
4. bypass authentication, rate limits, access controls, network restrictions, licensing controls, or security measures;
5. use credentials, tokens, keys, certificates, sessions, or permissions belonging to another person; or
6. possess, distribute, or make available tools or credentials knowing that they are intended for unlawful access, interference, or damage.

Routine security tools may be used on systems Customer owns or is authorized to test, provided the activity does not affect Aim 4 The Cloud, another customer, or a third party outside the authorized scope.

3.5 Spam and Electronic Messaging Abuse

Customer must not send or facilitate unsolicited bulk messages, spam, phishing messages, fraudulent messages, or other communications contrary to applicable anti-spam, privacy, telecommunications, or consumer-protection law.

Commercial electronic messages sent through the Services must comply with Canada’s anti-spam legislation and any other applicable requirements, including consent where required, accurate sender identification, prescribed contact information, and a functioning unsubscribe mechanism.

Customer must not:

1. use purchased, harvested, scraped, stolen, or unlawfully obtained contact lists;
2. conceal or falsify the origin, routing information, sender identity, domain, subject, or transmission path of a message;
3. continue sending messages after consent has been withdrawn or a valid unsubscribe request has taken effect;
4. operate an open mail relay, open proxy, or another service that materially enables abuse; or
5. use the Services to distribute chain letters, deceptive promotions, address-harvesting tools, or credential-harvesting content.

3.6 Impersonation and Misrepresentation

Customer must not falsely represent that content or communications originate from Aim 4 The Cloud or another person, organization, domain, or system.

Customer must not forge headers, manipulate identifiers, use deceptive domain names, conceal a sender’s identity for an unlawful purpose, or misrepresent Customer’s relationship with Aim 4 The Cloud.

3.7 Network Interference and Service Abuse

Customer must not engage in activity that damages, disables, overloads, degrades, disrupts, or unreasonably interferes with:

1. the Services;
2. Aim 4 The Cloud’s network, systems, personnel, suppliers, or operations;
3. another customer’s access or services; or
4. a third party’s systems or networks.

Prohibited activity includes denial-of-service attacks, abusive traffic generation, packet flooding, broadcast amplification, route or address hijacking, deliberate resource exhaustion, repeated excessive connection attempts, and evasion of technical restrictions.

Customer must not use IP addresses, network identifiers, routing resources, or domain names that Customer is not authorized to use.

3.8 Excessive or Unauthorized Resource Consumption

Customer must not use the Services in a way that materially exceeds the purchased capacity, adversely affects shared infrastructure, or creates abnormal operational risk.

Unless expressly authorized in a Service Order or approved in writing, Customer must not use the Services for:

1. cryptocurrency mining, proof-of-work calculations, or similar resource-intensive mining activity;
2. operating cryptocurrency validation, relay, or full-node infrastructure;
3. high-volume distributed computing, password cracking, hash cracking, or other unusually intensive computation;
4. public proxies, anonymization relays, exit nodes, public VPN services, or traffic-resale services;
5. storage or bandwidth consumption designed primarily to evade service limits; or
6. workloads that create sustained, excessive, or abnormal CPU, memory, disk, input/output, connection, or bandwidth utilization.

Aim 4 The Cloud may require Customer to reduce usage, correct a configuration, move to a more suitable Service, or pay applicable usage or upgrade charges.

3.9 Privacy and Data-Protection Violations

Customer must not collect, use, disclose, store, monitor, analyze, combine, sell, transmit, or otherwise process Personal Information through the Services contrary to applicable privacy or data-protection law.

Customer is responsible for:

1. determining which privacy, confidentiality, data-residency, sector-specific, and regulatory requirements apply;
2. providing all notices and obtaining all consents or other lawful authority required for processing;
3. limiting collection, use, disclosure, and retention to lawful and appropriate purposes;
4. responding to access, correction, deletion, withdrawal-of-consent, and other legally required requests;
5. implementing safeguards appropriate to the sensitivity of the information; and
6. notifying Aim 4 The Cloud promptly of a suspected privacy breach involving the Services.

Customer must not use the Services for highly regulated information unless the applicable Service Order expressly confirms that the Service is suitable for that information.

3.10 Circumvention, Unauthorized Software, and Provider Technology

Customer must not:

1. bypass or disable security, monitoring, access, usage, billing, licensing, or technical controls;
2. connect unauthorized hardware, software, services, or network equipment where doing so creates a security, legal, support, or operational risk;
3. remove or obscure proprietary notices;
4. copy, sell, sublicense, distribute, or commercially exploit Provider software except as expressly permitted; or
5. reverse engineer, decompile, disassemble, or modify Provider software, except to the limited extent that applicable law expressly permits the activity despite this restriction.

Open-source software remains subject to its applicable open-source licence.

3.11 Recording, Monitoring, and Interception

Customer must not record, monitor, intercept, access, or disclose private communications, sessions, screens, audio, video, keystrokes, location information, or user activity unless Customer has lawful authority and has provided every notice and obtained every consent required by applicable law.

Customer must not use the Services for unlawful surveillance, stalking, covert credential collection, or unauthorized employee, customer, or user monitoring.

4. Security, Privacy, and Data Obligations

Customer must maintain safeguards appropriate to the Services and the sensitivity of Customer Data. At a minimum, Customer must:

1. protect passwords, API keys, private keys, administrative accounts, and authentication devices;
2. use multi-factor authentication where available and appropriate;
3. promptly revoke access that is no longer required;
4. apply security updates and patches to Customer-managed components;
5. use encryption and secure transmission methods where appropriate for sensitive or regulated information;
6. avoid automatically forwarding sensitive information to unauthorized accounts or storing it on unauthorized devices;
7. maintain any independent backups required for Customer’s business-continuity, archival, legal, or regulatory obligations; and
8. cooperate with reasonable containment, remediation, and investigation measures following an incident.

Aim 4 The Cloud will handle Personal Information in accordance with the Agreement, its Privacy Policy, British Columbia’s Personal Information Protection Act, the federal Personal Information Protection and Electronic Documents Act where applicable, and other privacy laws applicable to its processing activities.

Customer remains responsible for Customer Data, Customer-controlled systems, Customer’s instructions, and Customer’s legal compliance.

5. Intellectual Property

As between Customer and Aim 4 The Cloud, Customer retains Customer’s ownership rights in Customer Content and Customer Data.

Customer grants Aim 4 The Cloud and its authorized service providers the limited rights reasonably necessary to host, copy, transmit, process, access, modify, secure, support, back up, restore, and otherwise handle Customer Data for the purposes described in the Agreement.

Software, scripts, agents, configurations, templates, documentation, tools, designs, and other materials supplied by Aim 4 The Cloud remain owned by Aim 4 The Cloud or its licensors. Customer may use those materials only as authorized by the Agreement and applicable licence terms.

Nothing in this AUP transfers ownership of either party’s intellectual property.

6. Enforcement and Monitoring

Aim 4 The Cloud does not routinely exercise editorial control over Customer Content and has no general obligation to monitor Customer communications, files, websites, or applications.

Aim 4 The Cloud may use automated tools, network telemetry, logs, abuse reports, and limited manual review where reasonably necessary and permitted by law to:

1. provide and support the Services;
2. detect spam, malware, fraud, abuse, compromised accounts, or security threats;
3. investigate a suspected violation of this AUP or the Agreement;
4. protect the Services, customers, suppliers, and third parties;
5. enforce resource and technical limits; or
6. comply with Applicable Law, a court order, or a lawful governmental request.

Where reasonably practicable and legally permitted, Aim 4 The Cloud will limit access and enforcement measures to the scope and duration reasonably necessary under the circumstances.

Aim 4 The Cloud may preserve relevant logs, records, Customer Content, or account information where reasonably necessary for security, evidence preservation, legal compliance, dispute resolution, or enforcement of the Agreement.

Aim 4 The Cloud may cooperate with courts, law-enforcement bodies, regulators, network operators, rights holders, and other appropriate authorities where required or permitted by law. Customer information will not be disclosed solely because a third party requests it; disclosure will be made only as permitted by the Agreement and Applicable Law.

7. Reporting Violations and Complaints

Suspected abuse, security incidents, copyright complaints, trademark complaints, privacy complaints, and other legal concerns should be submitted through the Aim 4 The Cloud Customer Portal or to the legal-notice contact listed in the Terms of Service.

A report should include, where available:

1. the reporting person’s name and contact information;
2. the affected domain, IP address, account, service, message, file, or system location;
3. the date and time of the activity, including the applicable time zone;
4. a clear description of the alleged violation;
5. relevant logs, headers, screenshots, identifiers, or supporting records; and
6. the legal right or authority relied upon, where the report concerns intellectual property, privacy, or another legal claim.

Aim 4 The Cloud may request additional information before acting. Submitting a complaint does not guarantee removal, disclosure, suspension, or another specific outcome.

Copyright notices may be forwarded and records may be retained as required by the Canadian Copyright Act. A copyright notice must not be used to demand payment or Personal Information where such content is prohibited by law.

Customer must promptly respond to reasonable abuse or security inquiries. Failure to respond may result in restriction or suspension where necessary to prevent harm or meet a legal obligation.

8. Consequences of Violation

Depending on the nature, severity, duration, and recurrence of a violation, Aim 4 The Cloud may take one or more of the following actions:

1. issue a warning or request corrective action;
2. block traffic, ports, protocols, addresses, messages, files, processes, or access;
3. quarantine malicious or compromised content;
4. limit resource consumption or require migration to a suitable Service;
5. disable or reset credentials;
6. restrict, suspend, or terminate some or all Services;
7. remove, preserve, or restrict access to content where permitted by the Agreement and Applicable Law;
8. charge reasonable remediation, investigation, restoration, overage, or professional-service fees where authorized by the Agreement;
9. report unlawful or materially harmful activity to an appropriate authority;
10. seek injunctive relief, damages, indemnification, or another legal remedy; or
11. take any other reasonable measure permitted by the Agreement or required by law.

Immediate action may be taken without advance notice where Aim 4 The Cloud reasonably believes that unlawful activity, fraud, malicious conduct, a compromised account, a denial-of-service attack, a material security threat, or another immediate risk is occurring.

Where reasonably practicable and legally permitted, Aim 4 The Cloud will provide notice and an opportunity to correct a violation before permanent termination. Aim 4 The Cloud may limit an enforcement action to the affected Service where the affected Service can reasonably be separated from the remaining Services.

Customer remains responsible for Fees during a suspension and is not entitled to a refund where enforcement results from Customer’s breach, except where required by law or expressly stated in the Agreement.

To the extent permitted by law and subject to the Terms of Service, Customer will indemnify and hold harmless Aim 4 The Cloud and its representatives from third-party claims arising from Customer Content, Customer’s unlawful use, or Customer’s violation of this AUP.

9. Governing Law

Subject to any mandatory rights available under Applicable Law, this AUP is governed by the laws of British Columbia and the federal laws of Canada applicable in British Columbia, without giving effect to conflict-of-law principles.

For Customers that are not consumers, disputes relating to this AUP are subject to the exclusive jurisdiction of the courts located in Vancouver, British Columbia.

Nothing in this section excludes, restricts, or waives a consumer right, remedy, jurisdiction, or protection that cannot lawfully be excluded, restricted, or waived.

10. Changes and Contact Information

Aim 4 The Cloud may amend this AUP to address changes in the Services, technology, security threats, legal requirements, regulatory guidance, or business practices.

Material changes will be communicated in accordance with the notice provisions of the Terms of Service. Continued use after an amendment takes effect constitutes acceptance to the extent permitted by law. Any termination right arising from a material and adverse policy change is governed by the Terms of Service.

Questions, complaints, or notices concerning this AUP may be directed to:

11. Acceptance

By purchasing, accessing, or using the Services, Customer confirms that Customer:

1. has read and understood this AUP;
2. agrees to comply with this AUP;
3. will ensure that Customer’s users comply with this AUP;
4. has authority to accept this AUP for the person or organization using the Services; and
5. has had an opportunity to obtain independent legal advice.