Acceptable Use Policy

The websites www.viatel.com and www.vtlwavenet.com and other websites owned or operated by Viatel from time to time ("Websites") and the services offered on and through the Websites and Viatel systems are offered to you by the Viatel Group companies listed here ("Viatel").

Please read this Acceptable Use Policy carefully before using Viatel systems or services or the Websites or contracting with Viatel through the Websites or otherwise. You may not use the Websites or their contents or Viatel systems and services for any purpose that is unlawful or otherwise prohibited by this Acceptable Use Policy.

This Acceptable Use Policy was last updated on 17 April 2012.

1. Acceptance of Acceptable Use Policy

1.1 By accessing any part of the Websites or using Viatel systems and services, you shall be deemed to have accepted this Acceptable Use Policy. If you do not accept the terms of this Acceptable Use Policy, you must leave the relevant Website immediately and not use any Viatel systems and services.

1.2 Viatel reserves the right to change or update this Acceptable Use Policy from time to time. Any revisions to this Acceptable Use Policy will be published on the Websites.

1.3 Additional terms and conditions apply where you enter into any contract with Viatel for Viatel services via the Websites or otherwise and these Terms of Use and Acceptable Use Policy will form a part of such contract that you have with Viatel.

1.4 This Acceptable Use Policy is incorporated into our Privacy and Legal Notice and we advise that you read this document carefully since it sets out important information regarding your rights and obligations including the consequences of breaching this Acceptable Use Policy.

2. Acceptable Use Policy

2.1 Viatel supports the free flow of information and ideas over the internet and does not actively monitor use of the Websites and Viatel systems under normal circumstances. However, Viatel seeks to balance this aim with Viatel's obligations to other users, third parties and at law. Viatel does therefore conduct random checks or investigations from time to time to ascertain compliance with this Acceptable Use Policy and to comply with or investigate any enforcement agency or police request or other complaints. Viatel also therefore requires that, in using the Websites and Viatel systems or services, you do not:

2.1.1 say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;

2.1.2 advertise or promote third party or your own products or services by way of the distribution of 'spam' mail;

2.1.3 use foul, threatening, offensive language, or sexually explicit language;

2.1.4 make insulting remarks to or about other users of the Websites or Viatel systems, Viatel or third parties;

2.1.5 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;

2.1.6 impersonate Viatel or another person;

2.1.7 transfer files that contain viruses, trojans or other harmful programs;

2.1.8 use the Websites, Viatel systems or services to conduct any fraudulent activity including, without limitation, any "pyramid scheme", "ponzi scheme" or "chain letter";

2.1.9 breach or otherwise fail to comply with relevant licence terms in connection with any hardware or licensed content that you access via the Websites, Viatel systems and services;

2.1.10 connect any insecure computer hardware or other machines to the Viatel systems which may be exploited by third parties to carry out activities that are in breach of this Acceptable Use Policy; or

2.1.11 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Websites or Viatel's security measures.

2.2 Viatel may take any or all of the following action at its discretion:

2.2.1 remove any material that, in Viatel's sole discretion may be inappropriate or that Viatel may suspect to be illegal, may subject Viatel to liability, damage Viatel's reputation or which may violate this Acceptable Use Policy or where Viatel is required to do so by law;

2.2.2 issue you with verbal or written warnings and take such further action as Viatel deems appropriate if such warnings are not heeded;

2.2.3 suspend or terminate your access to any or all of the Websites or Viatel systems and services without notice at any time;

2.2.4 inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or

2.2.5 bring legal action against your or any other user in relation to any breach by you or such other user of this Acceptable Use Policy or any illegal or suspected illegal activity.

Viatel will determine what action is appropriate to be taken against a user on a case by case basis.

2.3 Your breach of this Acceptable Use Policy may also give rise to termination of or further action under any other contract that you may have with Viatel that incorporates this Acceptable Use Policy.

2.4 You acknowledge that Viatel may be required by law or regulation to access, monitor, store or copy material sent by you or to you or other users without further notice.

2.5 In addition to the obligations set out in Clause 2.1, you agree that in using the Websites, Viatel services and systems, you will at all times comply with all relevant laws and regulations.

2.6 You agree to compensate us for any loss or damage that may be caused to Viatel (including reasonable legal costs) as a consequence of your breach of any of Clauses 2.1, 2.2, 2.5 and 3.2.

3. Copyright and Other Intellectual Property Rights

3.1 Your use of the Websites, Viatel systems and services grants no rights to you in relation to copyright, trade marks or other of Viatel's intellectual property rights or the intellectual property rights of third parties including Viatel's licensors.

3.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Websites, Viatel systems and services except for your own personal, non-commercial use or where Viatel expressly gives you a right to do so on a case-by-case basis. Subject to the above, you may download insubstantial excerpts of such content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

4. Contact Details

If you have any comments or queries regarding this Acceptable Use Policy and/or in relation to any Viatel Group company, please contact Viatel by email at info@vtlwavenet.com or write to Viatel at

Legal Department
Viatel
Inbucon House
Wick Road
Egham
Surrey
TW20 0HR
Tel No: +44 (0) 1784 494 360
Fax No: +44 (0) 1784 494 201

Registered Address: Inbucon House, Wick Road, Egham, Surrey TW20 0HR, United Kingdom

5. Viatel Group Companies

A list of the relevant Viatel Group companies is set out below.