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
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
This AUP includes by reference the terms and conditions and policies, including
Web sites. You agree and warrant that you will not use (or plan, encourage or help
others to use) this Web site or any Tata Communications service for any purpose
or in any manner that is prohibited by these terms and conditions, law, regulation,
or other prohibition. It is your responsibility to ensure that your use of this
Web site complies with these terms and conditions.
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
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,
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
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.
OTHER PROHIBITED ACTIVITIES The following activities are also prohibited: Attempting
to intercept, redirect, or otherwise interfere with communications intended for
others. Intentionally transmitting files containing a computer virus or corrupted
data. Resale of Services, unless expressly authorized in a separate written agreement
with Tata Communications. Harassment, whether through language, frequency, or size
of messages. Furnishing false or incorrect data to Tata Communications on written
or online applications, contracts, or other materials or information provided to
Tata Communications, including fraudulent use of credit card numbers or "bill to"
telephone numbers. Attempting to circumvent or alter the processes or procedures
to measure time, bandwidth utilization, or other methods to document use Services.
Any other inappropriate activity or abuse of the Service (as determined by us in
to and use of the Service.
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.
PRIVACY Because the Internet is an inherently open and insecure means of communication,
any data or information a User transmits over the Internet may be susceptible to
regarding, and assume no liability for, the security and integrity of any data or
information a User transmits via the Service or over the Internet, including any
data or information transmitted via any server designated as "secure."
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
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.
LIMITATION OF LIABILITY AND INDEMNIFICATION TATA COMMUNICATIONS SHALL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS
OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TATA COMMUNICATIONS
SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED
IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN TATA COMMUNICATIONS AND
ITS CUSTOMER. OTHER LIMITATIONS OF LIABILITY ARE INCLUDED HERE BY REFERENCE INCLUDING
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.