ACCEPTABLE RULES OF USE OF THE INTERNET SERVICE

Display Date: October 18, 2021

To enable Cōv communications Inc. to protect the integrity of the Internet Services it provides to its clients and to allow all such Clients to take full advantage of this service, Client agrees to meet the terms of these Rules. Any violation of these Rules by Client is an offense to the Agreement and may result in the termination and/or interruption of the Internet Services provided to Client, without further notice or delay, in accordance with the provisions of the Agreement.

For any question about the Rules, please contact Cōv communications by email to this following address: legalnotice@covcommunications.com

IF YOU DO NOT AGREE TO BE BOUND BY THESE RULES, AS MODIFIED FROM TIME TO TIME BY CŌV COMMUNICATIONS, CLIENT SHALL IMMEDIATELY STOP USING THE SERVICES AND INFORM CŌV COMMUNICATIONS THAT YOU ARE TERMINATING SERVICES

 

1. DEFINITION

The following definitions apply to the Rules:

1.1 “Agreement” means the complete agreement entered into by the Client and Cōv communications regarding Services, including (i) these General Terms and Conditions as well as any Amendments; and (ii) any Service Schedules, as the same may be amended from time to time; and (iii) the Internet Terms of Use which can be found on Cōv communications’s website; and (iv) the Privacy Policy which can be found on Cōv communications’s website. 

1.2 “Client” means legal person receiving Services from Cōv communications and shall include, without limitation, its employees, authorized agents and third parties acting on its behalf.

1.3 “Rules” means to these acceptable rules of use of the Internet Service.

1.4 “Internet Service” means the Internet connection and the type of Internet service which the Client chose to subscribe through Cōv communications.

1.5 Internet Host: any computer or Internet-connected electronic device.

 

2. GENERAL – USE OF THE INTERNET SERVICE

The Internet Service is strictly reserved to the Client’s use for the purposes described in the Agreement. Unless Agreements states otherwise, Client may not resell Services to third parties, particularly in the context of an ISP company, or for any other activity not corresponding to the standards of the Internet Service provided. It is also forbidden for Client to use the Internet Service to conduct illegal activities, including, without limiting the generality of the following:

  • access data or personal information, confidential or not, without the permission of the owner or use tools designed to facilitate such access;
  • usurp or attempt to usurp, personal information or passwords of other Internet Service subscribers, any user from another supplier or any other person or entity, in any way;
  • transmit unsolicited emails, spam or not, which are likely to cause significant interruptions of the Internet Service or can lead to complaints from the Internet users, Cōv communications has the sole discretion for the evaluation of theses emails, acting reasonably; 
  • harass, defame, abuse, intimidate or otherwise threaten Internet users or user groups, in any way whatsoever;
  • restrict access to another user or interfere with computer networks or systems or telecommunications services to or from any user, host, web server or network, including without limitation the denial-of-service attacks, overloading a service or attempting to cause failure of a host, interrupting sessions of other Internet users or consumption of excessive amounts of central processing unit time, memory or disk space;
  • use an Internet Host in an unauthorized way, including transmitting chain letters by email, or to send pyramid-type deals, in any way whatsoever;
  • post or transmit any information or software that contains a virus, a ” cancelbot “, a ” Trojan horse”, a “worm” or other harmful or disruptive component of the Internet Service;
  • falsify or delete author’s attributions, legal notices or other proper notices or specialty names or software’s original tags or source or other material contained in a file, or to assist any other user to perform such acts;
  • download, downstream and upstream, transmit, display, broadcast, disseminate, receive and save, recover or reproduce in any way, distribute or access by any other way to software or material that:
    • constitutes or encourages conduct that could be considered a criminal offense or could result in a civil suit;
    • is defamatory or obscene, and contain child pornography or hate literature;
    • constitutes an invasion of privacy, appropriation of personality, or the establishment of a prohibited relationship;
    • is confidential or protected by copyright, any other intellectual property right, without obtaining the permission of the copyright holder;
    • is designed to help the user to defeat the protection against copying, recording or other anti-theft mechanisms associated with commercial types programs or shareware;
    • is designed to transmit, display, publish, broadcast, receive, recover, save or otherwise reproduce, distribute, or provide unauthorized access to files, programs or information designed to assist in the fraudulent use of service telecommunications;
    • is designed to transmit unsolicited messages, in the sole and only discretion of the suppliers, causing significant disruption or complaints from users.
  • facilitate, in any way whatsoever, any violation of these Rules by any Client;
  • bypass or violate any applicable law or;
  • any other action or use of abusive language towards employees, suppliers and supplier’s agents and representatives are strictly prohibited and will not be tolerated.

 

3. EMAIL

Through the Internet Services provided by Cōv communications, Client is able to access third-parties email service. Therefore, in addition to the Section 2 of these Rules, without limiting the generality, the Client is forbidden to do one or more of the following actions, from third party’s email service accessed through Cōv communications’s Internet services, but it is not limited to: 

  • restrict or inhibit any other user from using his email inbox;
  • create a false identity to mislead others or forge the emails’ headers in any way;
  • use, download, copy or provide, free of charge or not, to any person or entity of the service user or other users or use information or any part thereof;
  • transmit, promote or facilitate the transmission of unsolicited email (spam), including, without limitation, commercial advertising and informational announcements;
  • attach an excessively long signature;
  • send messages in order to stop receiving emails or cause difficulty in this regard.

Any Client who maintains an email list with a “membership option” (“Opt-In”), in lot or more, must have a way to confirm the subscriptions and be able to provide to Cōv communications this information upon request to that effect. If no evidence is available or is transmitted to Cōv communications within the delay in the notice, the lot of email can be considered by Cōv communications, in its sole discretion, as unsolicited which will result in a default under these Rules.

Cōv communications reserves the right, at any time and without notice, to provide any information it deems, in its sole discretion, necessary in order to comply with any applicable law, regulation, legal process or governmental request. Cōv communications also reserves the right, at any time, to edit, refuse to display or to remove any information or materials included in an email, entirely or partially, in its sole discretion.

For greater certainty, Cōv communications does not provide its own email services, but solely provides, through the Internet Services, bandwidth by which Client may access third party email services.

 

4. DISCUSSION FORUM

In addition to Section 2 of these Rules, without limiting the generality, in a discussion forum, whether affiliated with Cōv communications or not, Client is forbidden to do one or more of the following actions, but it is not limited to:

  • transmit, promote or publish unsolicited messages (spam), including, without limitation, commercial advertising and informational announcements, unless explicitly authorized by the administrators of the discussion forum;
  • publish binary files of any kind, regardless of the nature, unless explicitly authorized by the administrators of the said discussion forum;
  • publish identical or nearly identical messages in more than ten (10) forums;
  • attach an excessively long signature;
  • create a false identity to mislead others or forge the emails’ headers in any way.

For greater certainty, Cōv communications does not provide or moderate any discussion forums, but solely provides, through the Internet Services, bandwidth by which Client may access third party discussion forums.

 

5. CONVERSATION IRC/ CHAT

In addition to Section 2 of these Rules, without limiting the generality, while using an online communication software, affiliated with Cōv communications or not, the Client is forbidden to do one or more of the following actions, but it is not limited to:

  • transmit, promote or publish unsolicited messages (spam), including, without limitation, commercial advertising and informational announcements, unless explicitly authorized by the administrators of that online communication software;
  • attempt or try to attempt, denial-of-service attacks, overloading a service or attempting to cause failure of a host, the interruption of other Internet users’ sessions or consumption of excessive amounts of time unit of central processing, memory or disk space.

 

6. NETWORK/SECURITY

In addition to Section 2 of these Rules, without limiting the generality, the Client using Cōv communications’s Internet Service, is forbidden to do one or more of the following actions, but it is not limited to:

  • share the username and password account to open concurrent sessions from the same account;
  • cause the inability of an Internet Host to respond or deal effectively the service requests from other hosts;
  • analyze or enter the Internet Host’s security mechanisms;
  • falsify or forge any part of the TCP/IP packets’ headers in any way whatsoever;
  • commit any act that could jeopardize, in any way, the Internet hosting service security.

In accordance with the Agreement, the Client is responsible for his system and his account safety. Cōv communications will fully cooperate with the police force and other agencies responsible for law enforcement in any investigation arising from a breach of these Rules. If numerous complaints of Rules violations are received by Cōv communications’s staff, Cōv communications may, in its sole discretion, charge the Client for the complaint fees, in addition to administrative costs. This right is in addition to any other remedies applicable to a single complaint or repeated complaints, including Cōv communications’s right to suspend or terminate the Agreement at any time and without notice.

For greater certainty, Cōv communications does not provide or moderate its own conversation IRC / Chat services, but solely provides, through the Internet Services, bandwidth by which Client may access third party conversation IRC / Chat services.

 

7. OTHER PROVISIONS

7.1 Modifications. Cōv communications may, at any time and in its sole discretion, modify these Rules. In such case, Cōv communications will display a notice on its website at https://covcommunications.com/, at the bottom of the page, and this modification will be effective on the display date of the modified Rules. Cōv communications assumes no responsibility towards Clients or other Internet users for the non-compliance of the Rules.

7.2 Applicable Law. These Rules are governed by the applicable laws in Quebec. The parties acknowledge the exclusive jurisdiction of Quebec courts towards any matters discussed herein and agree to comply. 

7.3 Inapplicability. If a competent court declares that any provision hereof is invalid, illegal or unenforceable in any way whatsoever, the other provisions will not be affected and will remain in force.

7.4 Default. Cōv communications’s default to insist on an absolute respect of any term of these Rules can not constitute a waiver of any breach and will not prevent it, subsequently, to insist on the absolute respect of this modality, or constitute a waiver of any subsequent breach sanction, whether or not of the same nature.