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.
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.Prohibited Conduct
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.
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.
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.
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.
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 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.
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.
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.
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:
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.
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.
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.
Limitation of Liability and Indemnification
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.
Complaints and Contact Information for Customers
Violations of this AUP may be reported here
Please select this link for information relating to the Interim Designation of Agent to Receive Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c).
Please select this link for information relating to the USA Patriot Act of 2001 http://www.gpo.gov/fdsys/pkg/PLAW-107publ56/pdf/PLAW-107publ56.pdf
These Terms contain important information regarding (1) Tata Communications Web site practices, (2) your responsibility as a user of this Web site and related services, and (3) the procedures by which these practices and responsibilities will be determined.
By accessing, browsing, using, framing and/or linking to this Web site ("Site"), you acknowledge that you read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Users of this Site acknowledge that they are 18 years of age or older. If you do not agree to these Terms, do not use this Site.
These Terms include additional terms and conditions and policies which are referenced elsewhere in this document. In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, or any other policy, term of Tata Communications, which shall remain valid and enforceable.
Forward Looking Statement
This Site may contain "forward-looking statements." Although Tata Communications believes any such statements are based on reasonable assumptions, there is no assurance that actual outcomes will not be materially different. Tata Communications assumes no obligation to update those statements to reflect actual results, changes in assumptions and other factors. The forward-looking statements are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Additional information that could lead to material changes in performance is contained in filings with the Securities and Exchange Commission made by Videsh Sanchar Nigam Limited ("VSNL"), and we encourage you to review such filings, specifically, the most recent VSNL Form 10-K and Form 10-Q. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements including, among others, substantial capital requirements; development of effective internal processes and systems; the ability to attract and retain high quality employees; changes in the overall economy; technology; the number and size of competitors in its markets; law and regulatory policy; and the mix of products and services offered in the company's target markets.
Although every effort is made to ensure such projections and other forward-looking statements are accurate at the time they are made available, such information is provided for informational purposes and is provided "as is" without warranty of any kind. Tata Communications makes no representations and disclaims all express, implied, and statutory warranties of any kind to any user and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. Tata Communications assumes no obligation to update or ensure the accuracy of the projections and forward-looking statements posted on the Site. Tata Communications shall not be liable for any errors or delays in the delivery of such information provided through the Site or for any actions taken in reliance thereon.
Copyright, Disclaimer, Usage Agreement
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF THE SITE BOTH NOW AND IN THE FUTURE. BY ACCESSING THIS SITE, THE USER ACKNOWLEDGES ACCEPTANCE OF THESE TERMS AND CONDITIONS. TATA COMMUNICATIONS RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION WITHOUT NOTICE. IN THE CASE OF ANY VIOLATION OF THESE TERMS AND CONDITIONS, TATA COMMUNICATIONS RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY FOR SUCH VIOLATIONS.
Copyright and Trademarks
The trademarks, logos, and service marks, including but not limited to Tata Communications and TGN®, and other names, logos, and icons identifying products and services (collectively, "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Tata Communications Pte Ltd., its affiliates, suppliers or others. Certain portions of the Site are identified as being the subject of a specific copyright held by an entity other than Tata Communications and, as such, may not be copied without the permission of the holder of the copyright.
Tata Communications hereby authorizes you to copy the materials published by Tata Communications on this Site (the "Materials") exclusively for non-commercial use by you personally or within your organization provided you retain all copyright and other proprietary notices contained in the Materials and you do not modify the Materials. The design and layout of the Site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the Materials. The services, technology, and/or processes described in this Site may be the subject of intellectual property rights reserved by Tata Communications or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Tata Communications or any third party.
THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED AS A COURTESY FOR TATA COMMUNICATIONS' CUSTOMERS. Tata Communications HAS PROVIDED THE INFORMATION IN GOOD FAITH AND HAS MADE REASONABLE EFFORTS TO MAKE THE INFORMATION AS ACCURATE AND UP-TO-DATE AS POSSIBLE.
THIS INFORMATION IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS.
IN NO EVENT SHALL TATA COMMUNICATIONS BE LIABLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS, LOST OPPORTUNITY, TIME OR ANY OTHER LOSS RESULTING FROM RELIANCE ON THE INFORMATION CONTAINED ON THIS SITE INCLUDING DAMAGES ARISING FROM INACCURACIES, OMISSIONS OR ERRORS OR ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, EVEN IF TATA COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE AND HOWEVER ARISING, INCLUDING NEGLIGENCE. IN NO EVENT WILL THE LIABILITY OF TATA COMMUNICATIONS BE IN EXCESS OF THE AMOUNT PAID FOR USE OF THE WEB SITE OR $500 IN U.S. DOLLARS, WHICHEVER IS LESS.
THE INFORMATION CONTAINED IN THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS SITE MAY BE CHANGED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE.
IN THE UNITED STATES, SOME STATES MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, INCLUDING IMPLIED WARRANTIES, SO THE DISCLAIMERS OR PORTIONS OF THEM MAY NOT APPLY TO YOU. YOUR LEGAL RIGHTS MAY VARY FROM STATE TO STATE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND TATA COMMUNICATIONS SERVICES.
No advice or information, whether oral or written, obtained by you from Tata Communications, shall create any warranty not expressly made herein.
Tata Communications periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Tata Communications shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third-party acts or any other outages of Web hosting providers or the Internet infrastructure and network external to the Site.
There may be circumstances where access to this Site is provided by a hypertext link located at another Web site. Tata Communications does not make any representations or give any warranties with respect to any information contained in or at these other sites and Tata Communications shall not be liable for any damages or injury arising from the content of these other sites. Tata Communications does not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, which provide a link to this Site at their Web sites. Unless approved in writing in advance by Tata Communications, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other Web sites pertaining to any of the Materials located at this Site. Contact the Tata Communications Webmaster at AUPCompliance@tatacommunications.com to seek approval for linking to this Site.
Tata Communications assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, or images from this Site.
The Materials published on this Site may include technical inaccuracies or typographical errors. Changes – including, but not limited to, quoted prices – may be made periodically to the Materials. Tata Communications may also make improvements and/or changes in the services and/or the programs described in the Materials at any time without notice. Tata Communications shall have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using this Site, you agree to be bound by any such revisions and should therefore periodically read these Terms to determine the current Terms to which you are bound.
You agree to indemnify, defend, and hold Tata Communications, its officers, directors, employees, affiliates, partners, suppliers, subsidiaries and other third parties harmless from any and all liabilities, costs, expenses, including reasonable attorneys fees, related to any violation of these Terms, Copyright, Disclaimer, and Usage Agreement by you, or in connection with your use of this Site or with the placement or transmission of any message or information on this Site by you. At Tata Communications's sole discretion, and at your expense, Tata Communications may provide notice to you of its election to assist you in defending such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations.
Compliance With Applicable Laws; Export Control Laws
All applicable federal, state and local laws govern user access to this Site. All information on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside and/or are gaining access to this Site.
All Tata Communications products and publications are commercial in nature. All information available at this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Any Materials copied or downloaded from this Site for or on behalf of the United States of America, its agencies and or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
By accessing this Site you agree not to: (a) use any data obtained as part of a commercial product, service or content offering; (b) use any data obtained for solicitations, commercial or otherwise; (c) sell or otherwise distribute any data obtained; (d) incorporate any data into any e-mail or other "white pages" products or services, whether browser based, based on proprietary client-side applications, Web based, or other; or (e) use the data in a manner which could be reasonably expected to offend any person for whom the data is relevant.
You further agree not to (a) use any automated means, including spiders, robots, crawlers or the like to download data from the Site; (b) enter any data that is libelous, defamatory or unlawful, or that violates or infringes any trademark, copyright or similar rights of others; or (c) knowingly enter any data which is false or misleading.
Tata Communications reserves the right to deny access to any user or group of users to the Site, at Tata Communications's sole discretion, at any time, and for any reason or no reason, without liability and without advance notice to you.
Tata Communications may independently investigate, involve and/or cooperate with law enforcement authorities in prosecuting or investigating users. Tata Communications's sole judgment applies to determinations of these limitations and prohibited uses.
Tata Communications may provide access to international information, which information may contain references or cross references to programs and services that are not currently available in your country of residence. Tata Communications provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in countries other than the United States. Also, Tata Communications is a service provider operating in some, but not all, markets within the U.S. Therefore, it may provide access to information that may contain references or cross references to programs and services that are not announced or available in all U.S. markets. Tata Communications provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in all United States markets or all markets where Tata Communications conducts business.
Consent to Electronic Form of Contract
BY YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by Tata Communications. You acknowledge that you have the necessary hardware and software to access these provisions as posted on Tata Communications's Web sites and will maintain such hardware and software throughout your use of this Web Site and its services. You may remove your consent to the electronic form of contracting with Tata Communications, but in that event, your authorization to use and access this Web Site is immediately terminated.
Governing Law And Jurisdiction: Compliance With Laws
These Terms and access to this Site are governed by U.S. Federal Law and/or the laws of the State of New York. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in a state or federal court located in New York, New York, U.S.A. You and Tata Communications agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
No delay or omission by Tata Communications to exercise any right occurring upon any noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Tata Communications of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and Tata Communications.
Each of the terms and limitations provided by these Terms, including referenced terms and policies, are important to Tata Communications. In the event any provision contained herein, including referenced terms and policies, is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions herein will remain in full force and effect, to the maximum extent possible.
At Tata Communications, we value your privacy. Regardless of whether you are our customer, a visitor to one of our various Tata Communications websites, or someone we deal with in our ordinary course of business, protecting your privacy is important to us and is a responsibility that we take very seriously.
By using our Sites or our Services, or otherwise providing information to us, you agree that your personal information will be handled as described in this Policy. You also agree to the terms for accessing and correcting data as described in this Policy. Your use of our Sites or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service (which are incorporated by reference into this Policy). Depending upon your interactions with Tata Communications, other terms may also be applicable to you.
THE INFORMATION WE COLLECT
Information We Collect Directly From You. When you communicate or do business with us, we collect information from you, and this may include personal information. For example, we collect information from you when you sign up for our Services, create an online account with us, make a purchase, request information, submit a trouble ticket, participate in a contest or survey, or otherwise contact us. The type of information that we collect depends on your interaction with us, but may include, where permitted by applicable law, the following: your name, company name, email address (business or personal), mailing/billing address (business or residential), credit card/billing information, telephone number (business or personal), and any other information that you choose to provide.
We may use the information we collect from you in aggregated form or we may associate it with your username and other personal information that we collect about you. We may also combine information collected about you on one of our Sites with information collected through one or more of our other Sites or through your use of our Services for the same purposes as we would use such information in non-combined form. We explain how we use and disclose the information we collect about you below.
Information About Your Use Of Our Services. Where permitted by applicable law, we also collect information about your use of our telecommunications and interconnected voice over internet protocol (VoIP) services (including services purchased offline), such as call records (excluding the content of the calls), minutes used, features used and traffic data, amongst other data.
Information We Collect About You From Third Parties. We also may collect information about you, such as name, contact, or demographic information from third party sources, such as research service providers. Where permitted by applicable law, we may combine this data with information that we already maintain about you. We will use this information as described in this Policy.
HOW WE USE THE INFORMATION WE COLLECT
We use the information that we gather about you for the following purposes:
HOW WE SHARE THE INFORMATION WE COLLECT
We may share your information as follows:
We may also share your information in the following circumstances and with the following persons/entities:
We may use third parties such as network advertisers to display advertisements about Tata Communications on third party websites. Network advertisers display advertisements on third-party sites, based on your visits to our Sites as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested.
You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”), the Digital Advertising Alliance (“DAA”), or, in Europe, the European Interaction Digital Advertising Alliance (“EIDAA”). For more information regarding this practice by NAI, EIDAA members and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI, DAA, and EIDAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp, www.aboutads.info/choices, and www.youronlinechoices.com.
Where permitted by applicable law, we may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail or through the instructions in this link: http://info.tatacommunications.com/UnsubscribePage.html. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.
We may invite you to post content on our Sites, including your comments, pictures, and any other information that you would like to be available on our Sites. If you post content to our Sites, the information that you post will be available to other visitors to our Sites. If you post your own content on our Sites or Services, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
Our Sites and our online Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.
Our Sites may include social media plugins such as "like" and "share" buttons. By clicking on such a plugin, the data you want to like or share will be provided to the relevant social media site. We are not responsible for the practices of such third party social media sites once you have clicked on any such "like" or "share" button. We will not collect any data about you from social media sites.
To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect through our Sites and the provision of our Services. Despite our best efforts, you will appreciate that no data security measures can guarantee 100% security.
You should therefore take steps to protect against unauthorized access to your password, phone and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen or compromised passwords, or for any activity on your account via unauthorized password activity.
If you are a resident of California, U.S.A, you may request a list of certain third parties to whom we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: Legal Compliance. Please allow up to thirty (30) days for a response.
To access, correct, amend, or delete your account information and other personal information that the Company may be storing about you (for example, your name, address, or billing information), you may contact your customer service representative or send an email to the following address: Legal Compliance. To protect your privacy and security, we will also take reasonable steps to verify your identity.
Tata Communications may transfer personal information across national borders. Your personal information may be transferred to and processed by other Tata Communications entities and third parties for the following purposes, where permitted by local law: to fulfill our contractual obligations to you, to manage your account, for business operations (e.g., order management, billing, client services), to monitor compliance with our policies and procedures, to improve our products and services, to monitor compliance with law, and for other purposes for which we may notify you from time to time. We may also transfer your personal information to third party service providers from whom we purchase software that we use for the purposes of managing your account, business operations, and, in accordance with applicable law, identifying new products or services which may be of interest to you. These third party service providers host our data and may use a cloud solution and store data in the United States.
Such other Tata Communications entities and third parties may be located outside of your country of residence and that transfers to the same may include transfer to, and processing in, countries such as the United States and India which may not provide an equivalent level of data protection laws as the laws in your country of residence.
Any such transfer will occur either on the basis of any consent you have provided or on the basis of EU Commission-approved model clauses (which seek to ensure an equivalent level of protection for your personal information as provided by your country of residence). As a result of such transfers, your information may be subject to access by law enforcement and government entities in countries other than your country of residence, including courts and tribunals in accordance with laws applicable in those jurisdictions.
Tata Communications takes steps to ensure that your personal information is protected when transferred to and processed by these Tata Communications and other entities, and to ensure that such processing complies with applicable laws. If you have questions about the third parties to whom we have transferred your information, you may email us at Legal Compliance.
This Policy is subject to change, and any changes to this Policy will be posted on our Sites. All information submitted through the Sites to Tata Communications is subject to the terms and conditions of this Policy, as amended.
If you have any questions, or if you believe there has been a violation of this Policy, you may contact us at Legal Compliance or in writing at:
Tata Communications (America) Inc.
2355 Dulles Corner Boulevard
Herndon, VA 20171
Click here for details on the data controller for our Sites.