Acceptable use

Colibres Acceptable Use Policy

This Acceptable Use Policy covers the products, services and technologies (collectively, the “Products”) provided by Colibres under any current agreement. It is intended to protect us, our customers and the Internet community at large from unethical, irresponsible and illegal activities.

Colibres customers who are caught engaging in activities prohibited by this Acceptable Use Policy may be responsible for service suspension and account termination. In extreme cases, we may be legally required to report such customers to the appropriate authorities.

This policy was last reviewed on March 25, 2024.

Fair use

We provide our facilities on the assumption that your usage will be “normal”, in accordance with our offering schedule. If your usage is considered excessive, you may be charged additional fees or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, infringement of rights and/or any action that harms or disadvantages any group, individual or resource. We expect our customers and, where applicable, their users (“end users”) to also use our Products with similar intent.

Customer responsibility

We consider that our customers are responsible for their own actions as well as for the actions of any person using our Products with the customer’s authorization. This liability also applies to any person using our Products in an unauthorized manner due to the absence of reasonable security measures taken by the customer.

By accepting our Products, our customers agree to ensure compliance with this policy by anyone using the Products as an end user. Complaints concerning the actions of customers or their end-users will be forwarded to the designated contact for the account in question.

If a customer – or its end user or any person using our Products because of the customer – violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself, or to take any corrective or preventive action we deem appropriate, without notice. To the extent permitted by law, no credit will be given for service interruptions resulting from any violation of our acceptable use policy.

Prohibited activities

Copyright infringement and access to unauthorized content

Our Products may not be used to transmit, distribute or store any material in violation of any applicable law. This includes, but is not limited to:

1. any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and
2. any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for any material he/she captures, downloads, broadcasts, transmits, creates or publishes through our Products, as well as for obtaining legal authorization to use the works included in this material.

SPAM and unauthorized messaging activities

Our Products may not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes, but is not limited to, sending spam, soliciting customers from spam sent by other service providers, and collecting responses to spam sent by other service providers.

Our Products must not be used for the purpose of managing unconfirmed mailing lists or telephone numbers (“mailing lists”). This includes, but is not limited to, subscribing e-mail addresses or telephone numbers to a mailing list without the permission of the owner of the e-mail address or telephone number, and storing all e-mail addresses or telephone numbers subscribed in this manner. All email lists managed on or hosted by our Products must be based on a “subscription confirmation”. Proof of express permission from the owner of the e-mail address or telephone number must be available for the duration of the mailing list.

We prohibit the use of e-mail lists, telephone lists or databases purchased from third parties for spam purposes or unconfirmed mailing lists on our Products.

This policy on spam and unauthorized messaging activities applies to messages sent using our Products, or messages sent from a network by the customer or anyone acting on the customer’s behalf, which directly or indirectly direct the recipient to a site hosted via our Products.

Unethical, abusive and malicious activity

Our Products may not be used for the purpose of advertising, transmitting or making available any software, program, product or service designed to violate this Acceptable Use Policy, or the Acceptable Use Policy of other service providers. This includes, but is not limited to, facilitating the means to send spam and the initiation of network sniffing, pings, packet forging, saturation, mail-bombing and denial-of-service attacks.

Our Products must not be used to access an account or electronic resource that the group or individual attempting to access does not own or is not authorized to access (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our Products must not be used to intentionally or recklessly introduce viruses or malicious code into our Products and systems.

Our Products may not be used for the purpose of intentionally engaging in activities intended to harass another group or individual. Our definition of harassment includes, but is not limited to, denial of service attacks, hate speech, incitement to racial or ethnic intolerance, and any activity intended to threaten, abuse, violate the rights of or discriminate against any group or individual.

Other activities considered unethical, abusive and malicious include:

1. Obtaining (or attempting to obtain) services from us in order to avoid payment;
2. Using our facilities to obtain (or attempt to obtain) services from another supplier in order to avoid payment;
3. Unauthorized access, modification or destruction (or any attempt to do so) of any information concerning our customers or end-users, by any means or device whatsoever;
4. Use of our facilities to interfere with the use of our facilities and network by other customers or authorized persons;
5. The publication or transmission of any content or link inciting violence, depicting a violent act, representing child pornography or threatening the health and safety of any person;
6. Any act or omission in violation of consumer protection laws and regulations;
7. Any violation of a person’s privacy.

Our Products may not be used by any person or entity that is involved or suspected of being involved in activities or causes related to illegal gambling, terrorism, drug trafficking, arms trafficking, proliferation, development, design, manufacture, production, stockpiling or use of nuclear, chemical or biological weapons, weapons of mass destruction or missiles; including any affiliation with others who support such activities or causes.

Unauthorized use of Colibres property

We prohibit the impersonation of Colibres, the representation of a meaningful business relationship with Colibres, or the ownership of any Colibres property (including our Products and brand) for the purpose of fraudulently obtaining services, goodwill, loyalty, or trust from users.

About this policy

This policy describes a non-exhaustive list of activities and intentions that we consider unacceptable and incompatible with our brand.

We reserve the right to change this policy at any time by posting the revised version on our website. The revised version will take effect from the earliest of :

• the date on which the customer uses our Products after publication of the revised version on our website; or
• 30 days after publication of the revised version on our website.