Bell Usage Agreements

After determining that Bell is impeding my use of the internet I went looking to see if Bell has altered their usage agreements.

I found the general ToS for internet services listed on their support page. The PDF I downloaded states it is effective 2019-Aug-06.

26. How does Bell help to ensure the responsible use of Bell Services? Bell works hard to ensure the continuous, efficient operation of the Bell Services and enforces the rules contained in Bell’s Responsible Use of Bell Services policy (“Responsible Use Policy”) set out in Schedule B. You must comply with the Responsible Use Policy and all applicable laws when using the Bell Services. Bell has the right (but not the obligation) to monitor Bell Services (electronically or otherwise), including your use of Bell Services and the location of any Equipment (see Section 46) or Personal Devices (see Section 41) receiving the Bell Services. From time to time, Bell may ask you to connect Equipment to a specific network so that Bell may verify its location and you must immediately do so. Bell may monitor or investigate any content, use of Programming (see Section 37) or your use of Bell’s networks, including bandwidth consumption and how it affects operation and efficiency of the network and Bell Services. Bell may disclose any information necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction or as necessary to operate and optimize Bell Services and to protect itself or others and ensure Services are not being used contrary to the Responsible Use Policy.
27. How do I help protect my Bell account? You are responsible for the protection of your account(s) and password(s) and for all use of your account, the Bell Services and Bell Equipment by yourself and other users (authorized or not). You must also protect your computer systems, software, and the Equipment (see Section 46) from theft, unauthorized use and system corruption. You are responsible to back up and safeguard your data, including your email and voicemail messages. Bell may delete your data if the Bell Service is cancelled, or if you fail to access it within a certain period of time (as determined by Bell). If you have concerns about unauthorized persons ordering Bell Services without your permission, you should investigate the appropriate use of parental controls, passwords and personal identification numbers (PIN) for your account, depending upon the Bell Service you are concerned about.
28. What am I responsible for if my Bell account is compromised? You must notify Bell immediately should you suspect unauthorized use of the Bell Services or if Bell Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.

35. Am I responsible for content that I provide in connection with Bell Services? Bell assumes that you own any content you post, upload, store, transmit or communicate to others using the Bell Services, including data, documents, videos, music, photos, etc. or that you have the necessary rights to use it. You are responsible for this content. Bell is not responsible for the unauthorized use or distribution of this content including third-party content).

36. Can Bell use my content? To provide Bell Services, Bell may need to use, copy, adapt, transmit, display, publish and perform, distribute and create compilations and derivative works from your content. By agreeing to receive the Bell Services, you waive your moral rights and you authorize Bell to perform these activities in relation to your content anywhere in the world, solely as required for Bell to provide you the Bell Services. You acknowledge that Bell may store your content so you can access such content, but that if you fail to access such content within a certain period of time (as determined by Bell), or if the applicable Bell Service is cancelled, Bell may delete such content without notice to you.

52. Are there any warranties on the Bell Services? To the extent permitted by applicable law, Bell makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to any Bell Services. Bell assumes no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of any Bell Services (including any service outage), even where such unavailability occurs after installation of the Bell Services.

53. How does Bell limit its liability? To the extent permitted by applicable law, Bell’s liability for negligence, breach of contract, tort or other causes of action, including fundamental breach, is limited to payment, upon request, for actual and direct damages of a maximum amount of the greater of $20 or an amount equal to the service fees payable during any service outage. Other than the foregoing payment and to the extent permitted by applicable law, Bell is not responsible to anyone for any damages, including direct, indirect, special, consequential, incidental, economic, exemplary or punitive damages.

56. Are there any circumstances when Bell has no liability at all? In addition to the circumstances described elsewhere in this Contract where Bell has already stated it is not responsible for any claims, losses, damages or expenses, to the extent permitted by applicable law, Bell is not responsible for any claims, losses, damages or expenses relating to: (a) its entry onto your property to inspect, maintain, repair, relocate or replace any Bell Equipment; (b) any missed installation or other appointment for any Bell Services; (c) de-installation or removal of the Bell Equipment; or (d) distribution of content by you or third-parties. More generally, to the extent permitted by applicable law, Bell will not be responsible for failing to meet obligations due to causes beyond its reasonable control, including work stoppage, labour disputes and strikes (including those involving Our Companies), pandemics, war, terrorism, civil insurrection, any law, order, regulation or direction of any government, failure of the public power grid, unlawful acts, your failure to act in accordance with this Contract, or the act or omission of a telecommunications carrier whose network is used in establishing connection to a point which Bell doesn’t directly serve, acts of nature and all other force majeure events.

So yes, Bell can read your emails as per part 26. With part 36, Bell may copy and use your email in ways Bell thinks are needed to provide the Bell Services (i.e. Ads). With part 52, Bell can get away with saying they provide a service but not actually provide everything said service requires.

SCHEDULE B: RESPONSIBLE USE OF BELL SERVICES

Are there any rules regarding my use of Bell Services? Yes. Abuse or misuse of Bell Services or the Bell network impacts every customer of Bell and is something Bell takes very seriously – and which could result in the cancellation of your Contract with Bell (see Section 66), or lead to criminal or civil charges. Remember that Bell Services include Bell Equipment. Bell may modify, remove or disable the software used in Your Equipment so that Your Equipment no longer works or immediately suspend, restrict, change or cancel all or part of your Bell Services or take other necessary protective measures if Bell has reasonable grounds to believe there is a breach of any of these provisions. For example, you are prohibited from:

a) using, enabling, facilitating, or permitting the use of any Bell Service for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host, or cause interference with Bell’s network operations (including preventing a fair and proportionate use by others);
b) installing, using or permitting the use of any Bell Services without reading and accepting (or in contravention of) the terms of any separate license agreement or terms of use provided to you by Bell for the use of software, content (including Programming) and/or documentation (as applicable) in connection with the Bell Services;
c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing. Bell may: (i) filter any email determined by Bell to be spam from your in-box to an anti-spam folder and delete this email; and (ii) set a limit on the number of messages a Customer may send or receive through email;
d) uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, software, content, files or other material which: (i) is confidential or protected by copyright or other intellectual property rights without prior authorization of the rights holder(s); (ii) is defamatory, discriminatory, violent, obscene, child exploitation or hate propaganda; (iii) constitutes invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or (iv) is designed to assist users in defeating technological protection measures (like geoblocks, registration and any other anti-theft mechanisms) or in the fraudulent use of telecommunications or broadcasting services;
e) using any Bell Service for anything other than private, personal, family or household use (such as reselling, remarketing, transferring, sharing or receiving any charge or other benefit for the use of any Bell Service);
f) sharing any of your account or authentication credentials (for example, any username or password) that may be used to access any Services with any person that is not currently a resident at your private residence which you listed as your Service Address;
g) attempting to receive any Bell Service without paying the applicable Fees, modifying or disassembling Bell Equipment, changing any identifier issued by Bell or a Bell company, attempting to bypass Bell’s network, or re-arranging, disconnecting, removing, repairing or otherwise interfering with Bell Services, Bell Equipment or Bell’s facilities;
h) adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any software, applications or programs used in connection with Bell Services (whether owned by or used under licence to Bell) for any purpose including “testing” or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through Bell Services or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to you through Bell Services;
i) posting or transmitting any information or software containing a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component or committing any act which may compromise the security of your Internet host, Bell’s network or any other Bell customer in any way (including analyzing or penetrating a host’s security mechanisms); and
j) using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Bell employees, suppliers, agents and representatives.

So in reading all of this I have yet to find a “definitive” reason for Bell to have suspended by email account. The closest I can find is the phrase “if Bell has reasonable grounds to believe there is a breach of any of these provisions”. However, none of the messages I was sending meet any of these prohibitions.

I can not find any item that allows Bell to filter outgoing email, or the deletion of outgoing email. There is an item allowing Bell to filter incoming email.

As of 2019-Sep-28 Bell has not filtered out similar messages for a week or so. Does this mean they have “fixed” their issues? Will this issue come back again?

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