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Guest WIFI Wireless Networking Terms and Conditions of Use

Please carefully read these terms of service (“Terms”) which govern your use of the Wifi wireless Internet services operated by Groupe Lune Rouge Inc. (“GLR”) as a guest on the Maison Alcan premises (“Services”). By accessing the Services, you agree to comply with these terms which constitute a legally binding agreement between you and GLR.

Service Terms

The Services are not intended for business use and should not be used for business purposes or processes. GLR will use commercially reasonable efforts to provide access to the Services to you, however you acknowledge that GLR cannot guarantee that wireless access will be available in every zone of the premises, all of the time or that access will be at any particular bandwidth rate. The Services are provided to you as a guest privilege solely for your convenience and under the Terms hereof.

Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis without warranties of any kind. GLR neither represents nor warrants that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

By using our Services, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. You must be aware that, as you connect your devices to the Internet through the Services, you expose your devices to worms, viruses, Trojan horses, denial-of service attacks, intrusions, packet-sniffing, and other abuses by third parties. You are responsible for ensuring that you are running up-to-date anti-virus software on your wireless devices. GLR highly discourages you from conducting confidential transactions such as online banking, credit card transactions, over any wireless network, including these Services.

Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer. GLR disclaims all warranties, either express or implied, including, but not limited to, implied warranties of quality, merchantability and fitness for a particular purpose.

Content

All right, title, and interest in and to the Services are and will remain the exclusive property of GLR and its licensors. Nothing in these terms gives you a right to use the GLR name or any of the GLR trademarks, logos, domain names, or other distinctive brand features.

You are solely responsible for your use of the Services, for any content you provide through the Services, and for any related consequences, including liability for any loss or damage resulting, directly or indirectly, from you making any material or information available through the Services.

All content transmitted on or via the Services is the sole responsibility of the originator. By using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.

Security

GLR does not guarantee the privacy of any transmission you make through the Services or the security of your device or equipment against viruses or other malicious code. You should have no expectation of privacy from third parties when transmitting information through the Services.

Monitoring

GLR retains the right to monitor the Services from time to time and to disclose any information as necessary to: (i) satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal action against you or other end users; (ii) to operate the Services properly; and/or (iii) to ensure or enforce compliance with these Terms or to protect GLR or GLR’s tenants, partners or other guests. GLR also reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.

Passwords

Any unauthorized use or breach of these Terms by a third party to whom you disclose your password (intentionally or inadvertently) may be treated as a breach by you of these Terms.

Traffic

Generating excessive traffic is prohibited. Excessive traffic is considered as more than 1 GB of Internet traffic per day.

Acceptable Use Policy

You agree, that in accessing and using the Services, you will not engage in any illegal, harmful, unauthorized or unlawful activity, including without limitation:

  1. Violating applicable law or regulations, including but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services;
  2. Infringing of intellectual property rights, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party;
  3. Hacking, accessing, tampering with, or using non-public areas of the Services or technical delivery systems of GLR and its providers;
  4. Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures; interfering with, or disrupting, or attempting to interfere or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services;
  5. Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity;
  6. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks;
  7. Using the Services for high volume or commercial use;
  8. Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;
  9. Selling, transferring, or renting the Services to customers, clients or other third parties, either directly or as part of a service or product created for resale;
  10. Seeking information on passwords or data belonging to another user;
  11. Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others;
  12. Intercepting or examining the content of messages, files or communications in transit on a data network;
  13. Using any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless you are actively using the connection;
  14. Uploading to, distributing to, or otherwise disseminating through the Services any material or information of any kind that is libelous, defamatory, obscene, pornographic or abusive;
  15. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message;
  16. Impersonating any person or falsely misrepresent your affiliation with any person or entity;
  17. Spamming and invasion of privacy, by sending of unsolicited bulk and/or commercial messages over the Internet using the Services or using the Services for activities that invade another’s privacy;
  18. Transferring technology, software, or other materials in violation of applicable export laws and regulations;
  19. Uttering threats; and
  20. Facilitating a violation of these terms.

Further Details on Acceptable Use Policy

Downloading or sharing copyrighted materials is strictly prohibited. The running of programs, services, systems, processes, or servers by a single user or group of users that may substantially degrade network performance or accessibility will not be allowed. Electronic chain letters and mail bombs are prohibited. Connecting to “Peer to Peer” file sharing networks such as Direct Connect, eDonkey, BitTorrent, LimeWire or downloading large files, such as CD ISO images, is acceptable as long as it is not used to infringe copyright. Actions such as downloading unlicensed music, movies, shows or series or sharing such files, even if beforehand downloaded legally, are considered copyright infringement and therefore prohibited. It is prohibited to run software without a proper registered license on a computer connected to GLR’s network.

Interference with Network Infrastructure

You cannot interfere with any part of the network infrastructure by using a “personal switch”, unless specifically authorized to do so by the Information Technology department at GLR.

Rights and Remedies of Groupe Lune Rouge

Without prejudice to GLR’s other rights and remedies, GLR may take any one or more of the following actions in response to breaches of these terms: (i) issue warnings, written or oral; (ii) suspend your account or your access to the Services; (iii) terminate your account or the Services, as applicable; (iv) bring legal action to prevent violations and/or to collect damages GLR is legally entitled to, if any, caused by violations.

Illegal acts may subject you to prosecution by relevant governmental authorities. We may bring legal action to enjoin violations of these terms and/or to collect damages, if any, caused by violations.

If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, GLR reserves the right to permanently disconnect the offending device from the wireless network. GLR further reserves the right to disconnect any network connections that may jeopardize its integrity or if network performance is degraded.

Governing Law

Any disputes arising hereunder shall be governed exclusively by the laws of the province of Québec and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Québec to resolve any disputes.

Waiver and Severability

No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

Changes to Services

We reserve the right to change the Service offered, the features of the Service offered, the terms of these terms, or its system without noticing you.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances shall GLR, its affiliates or their related companies, and each of their respective directors, officers, employees and agents (collectively “Lune Rouge”) be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, the Services, any content, information, material, or postings, directly or indirectly, or the transmission of confidential or sensitive information over the Internet.

Furthermore, you agree that Lune Rouge is not liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or downloading of information or materials through the Internet service provided. You agree to be solely responsible for any such loss, infringement, damage, or injury.

These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that Lune Rouge shall not be liable for any defamatory, offensive or illegal conduct of any user or guest, including you.

Indemnification

You agree to defend, indemnify and hold harmless Lune Rouge from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of these Terms; or (ii) the placement or transmission of any information or other materials through the Services made by you or others using your account. Lune Rouge reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to co-operate as fully as reasonably required in the defense of any claim.

Suspension and Termination

If you are dissatisfied with the Services or with these terms, your sole and exclusive remedy is to discontinue using the Services or to not use them at all. These Terms shall survive any such termination. GLR reserves the right in its sole discretion to suspend or terminate your account and/or access to the Services at any time with or without prior notice. GLR may suspend the operation of the Services for repair or maintenance work or in order to update or upgrade the contents or functionality of the Services from time to time, without prior notice.