Tata Communications, Ltd. and its affiliates (collectively, “Tata Communications”) have formulated this Acceptable Use Policy (“AUP”) in order to encourage the responsible use of Tata Communications’s networks, systems, services, Web sites and products (collectively, the “Tata Communications Network and Services”) by our customers and other users of the Tata Communications Network and Services (collectively, “Users”), and to enable Tata Communications to provide Users with secure, reliable and productive services.
Tata Communications reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the Tata Communications Network and Services after such modification shall constitute acceptance of such modification.
While it is not our intent to control or monitor your online experience or the content of your online communications, we may edit or remove content that we deem to be in violation of the AUP or that we otherwise deem harmful or offensive. The AUP applies to all aspects of the Tata Communications Network and Services, including e-mail, USENET postings, chatting, and browsing.
You are entirely responsible for maintaining the confidentiality of your password and account information, as well as the security of your network. For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in this AUP. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.
RIGHTS OF TATA COMMUNICATIONS If Users engage in conduct while using the Tata Communications Network and Service that is in violation of the AUP or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate any product or service provided by Tata Communications (“Service”) or the User’s access to the Service. In most cases, we will attempt to notify you of any activity in violation of the AUP and request that the User cease such activity; however, in cases where the viability of the Tata Communications Network and Services are potentially threatened or cases involving UCE/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend your Service or the User’s access to the Service, at Tata Communications’s sole discretion, without notification. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of the AUP, which may include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of the AUP.
IN GENERAL The Tata Communications Network and Services must be used in a manner that is consistent with the intended purpose of the Services and may be used only for lawful purposes. Users shall not use the Tata Communications Network and Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Tata Communications Network and Services or other Tata Communications customers; or (c) that may expose Tata Communications to criminal or civil liability. Users are prohibited from facilitating the violation of any part of this AUP or another provider’s AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider’s AUP.
INAPPROPRIATE CONTENT Users shall not use the Tata Communications Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Tata Communications, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.
INTELLECTUAL PROPERTY Material accessible through the Tata Communications Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the Tata Communications Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the Tata Communications Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.
HARMFUL CONTENT Users shall not use the Tata Communications Network and Services to transmit, distribute or store material that may be harmful to or interfere with the Tata Communications Network and Services or any third party’s networks, systems, services, or Web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, password-cracking programs or Trojan horses.
FRAUDULENT/MISLEADING CONTENT Users shall not use the Tata Communications Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
EMAIL AND UNSOLICITED MESSAGES Users shall not use the Tata Communications Network and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints (“spam”). Further, Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the Tata Communications Network and Services. In addition, Users shall not use the Tata Communications Network and Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, “mailbombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.
THIRD PARTY RULES; USENET Users may have access through the Tata Communications Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.
FILTERS Filters against particular networks or traffic types are generally available from a variety of sources. In addition, in certain circumstances and for an applicable fee, Tata Communications may be able to install other filters upon the customer’s request.
CONFIGURATION All users of the Tata Communications Network are responsible for configuring their own systems to provide the maximum possible accountability. Tata Communications shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Tata Communications. For example, Users should ensure there are clear “path” lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly as possible. As another example, users should maintain logs of dynamically assigned IP addresses.
RESELLERS AND DOWNSTREAM SERVICE PROVIDERS Some Users may be customers of Internet Service Providers (ISPs) that receive Internet connectivity through Tata Communications. Such ISPs (also known as resellers or downstream service providers) are responsible for informing their customers of this Acceptable Use Policy and for enforcing its restrictions with regard to their customers’ actions. Complaints about customers of any such reseller or downstream service provider shall be forwarded to such reseller or downstream service provider for resolution. If at any time Tata Communications determines that such reseller or downstream service provider is not taking appropriate action in accordance with this Acceptable Use Policy, Tata Communications shall work with such reseller or downstream service provider to review their policies and enforcement procedures. If the reseller or downstream service provider continues to fail to take appropriate action, Tata Communications will take such further action as it deems appropriate, up to and including termination proceedings. Violations of this Acceptable Use Policy by a customer or end-user of a reseller or downstream service provider shall be considered violations of this Acceptable Use Policy by such reseller or downstream service provider.
UNAUTHORIZED ACCESS/INTERFERENCE A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.
Users are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a User’s site be violated, the User is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.
Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.
ILLEGAL ACTIVITY Users agree to use the Tata Communications Network and Service only for lawful purposes. Use of the Tata Communications Network and Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. In those instances involving child pornography, Tata Communications complies with all applicable Federal or State laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.
COOPERATION WITH INVESTIGATIONS We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Tata Communications reserves the right to disclose customer information to the extent authorized by federal surveillance statutes.
MODIFICATIONS Tata Communications reserves the right to modify this Acceptable Use Policy at any time without notice. In most cases, we will attempt to notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the AUP on our Web site.
DIAL INTERNET ACCESS The following AUP apply if your account includes accessing the Service through a Dial-Up connection.
EXCESSIVE USAGE If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations. Also, if a User is accessing the Service via a dial-up connection, we may terminate the user session if the User is connected for more than 7 days in order to protect our network resources and maintain Service availability for others.
TRANSFER OF ACCOUNT A User may not transfer an account to anyone without our prior written consent.
MAIL SERVER FILTERS The use of Tata Communications’s Network and Services to send email through external third party servers is prohibited. You are responsible for ensuring that all persons accessing or using Tata Communications Network and Service through your account, comply with the AUP.
If you become aware of any violation of this AUP by any person, including Users that have accessed the Service through your account, please notify us. We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation of this AUP by your Users. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of this AUP. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this AUP, including devices designed to filter or terminate access to the Services.
ADDITIONAL TERMS AND CONDITIONS The use of the Tata Communications Network by a customer of Tata Communications is subject to the terms and conditions of any agreements entered into by such customer with Tata Communications. This Acceptable Use Policy is incorporated into such agreements by reference.
TATA COMMUNICATIONS MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.
You agree to indemnify, defend, and hold Tata Communications, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of this AUP, misuse or abuse of the Services, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Tata Communications’s defense of any claim in this regard. Tata Communications reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Tata Communications. You agree immediately to notify Tata Communications of any unauthorized use of your account or any other breach of security known to you.