GTT Acceptable Use Policy

1. General. This Acceptable Use Policy (“AUP”) shall be applicable to all the Services provided to the Customer by GT&T and its affiliates. By using the Services, the Customer agrees to comply with the terms of this AUP and to be responsible for all users utilizing the Services. GT&T reserves the right to change or modify the terms of the AUP at any time, effective when a revised version of the AUP is provided to Customer or when posted on GT&T's web site, whichever is earlier. Customer's use of the Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

2. Illegal Use Prohibited. The Services and GT&T’s network may be used only for lawful purposes. Access, transmission, distribution, storage or export of any material in violation of any applicable law or regulation is prohibited.

3. Intellectual Property Rights of Others. The Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

4. Material or Content. The Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, threatens the health or safety of others, is obscene, or defamatory.

5. Email and Usenet Abuse.

5.1 The Services shall not be used to send unsolicited mail messages, including, without limitation, commercial advertising and informational announcements. A user shall not use another site's mail server to relay mail without the express permission of the site.

5.2 The Services shall not be used to post the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM").

5.3 The Services shall not be used to transmit a forged TCP-IP packet header, or any part of the header information, in an email or a newsgroup posting.

6. Security. The Services shall not be used to violate the security of GT&T’s or any parties networks. Examples of security violations include, without limitation, the following:

6.1 i). Interference with service to any user, host or network including, without limitation, deliberate attempts to overload a system, mailbombing, flooding and broadcast attacks;

6.2 ii). Unauthorized access (e.g., “hacking”) to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; or

6.3 iii) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

7. Other Prohibited Uses.

7.1 The Services shall not be used for commercial by-pass of GT&T’s international switching facilities or for interconnection to the public switched telephone network.

7.2 The Services shall not be used in a manner which contravenes the terms and conditions of the service agreement between the parties and any license, concession or authorization granted to GT&T.

7.3 The Services shall not be used contrary to recognized Internet Protocols.

7.4 The Services shall not be used in a manner that interferes with or adversely affects any other service provided by GT&T.

7.5 The Services shall not be used to route any traffic or affect transmission by a route other than that authorized and approved by GT&T for the purpose of providing the Services.

7.6 To fraudulently evade any charge payable to GT&T for the Services.

7.7 Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use Services;

7.8 Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in this AUP, Terms of Use or Privacy Policy, may result in suspension or termination of the User's access to and use of the Service.

8. Violation.

8.1 GT&T RESERVES THE RIGHT, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE SERVICE AGREEMENT AND WITHOUT NOTICE, TO SUSPEND OR TERMINATE THE SERVICES UPON THE FIRST OR ANY SUBSEQUENT VIOLATION OF THE TERMS OF THIS AUP.

8.2 INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS, BY CUSTOMER, ITS END USERS OR THIRD PARTIES ON BEHALF OF THE CUSTOMER OR AN END USER OF THE CUSTOMER SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY THE CUSTOMER.

8.3 A VIOLATION OF THE AUP BY THE CUSTOMER, AN END USER OF THE CUSTOMER OR THIRD PARTIES ON BEHALF OF THE CUSTOMER OR AN END USER OF THE CUSTOMER ARE A MATERIAL BREACH AND DEFAULT OF THE APPLICABLE SERVICE AGREEMENT BETWEEN GT&T AND CUSTOMER

9.Third Party Rules

Users may have access through the GTT+ Network and Services to search engines, subscription web services, chat areas, bulletin boards, web pages or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.

10. 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 interception and alteration. Subject to our Privacy Policy, we make no guarantee 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."
 
11.Legal

Additional Terms and Conditions

11.1 The use of the GTT+ Network by a customer of GTT+ is subject to the terms and conditions of any agreements entered into by such customer with GTT+. This Acceptable Use Policy is incorporated into such agreements by reference.

Limitation of Liability and Indemnification

11.2 GTT+ 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. GTT+ SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN GTT+  AND ITS CUSTOMER. OTHER LIMITATIONS OF LIABILITY ARE INCLUDED HERE BY REFERENCE INCLUDING THE TERMS OF USE AND PRIVACY POLICY OF THE GTT+.

Web Sites

11.3 GTT+ 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.

Indemnity

11.4 You agree to indemnify, defend, and hold GTT+, 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 GTT+'s defense of any claim in this regard. GTT+ reserves the right, to assume the exclusive defense and control of any matter otherwise subject to GTT+. You agree immediately to notify GTT+ of any unauthorized use of your account or any other breach of security known to you.