Hereby TNL PCS S/A, based in the city and state of Rio de Janeiro at Rua Jangadeiros, n° 48, Ipanema, (CNPJ 04.164.616/0001-59) and TELEMAR INTERNET LTDA, based in the city and state of Belo Horizonte at Av. Afonso Pena, No. 4001, Serra (CNPJ 03.986.348/0001-98), hereinafter referred to as "Contractors " and on the other hand, the person named in the register, herein called the "Client";
(a) TNL PCS S/A provides wireless Internet service access;
(b) Telemar INTERNET LTDA provides authentication services for internet access;
(c) The client wants to hire the services of internet within the wireless network;
TNL PCS S /A will provide the service of Internet access in specific public places ("Hotspots”) and TELEMAR INTERNET LTDA will provide the authentication service for internet access to the client that accepts this Adhesion to the Services document ("Contract").
The client will choose one of the plans offered on the site, which contains the specific conditions,price and terms of payment for each of the plans presented.
The list of hotspots where the service can be found and used is available on the website http://www.oi.com.br/oiwifi
Do not impose discriminatory conditions of service to customers.
Provide the client with information concerning prices, terms of service utilization, eligibility for this solution according the the hired offer and technical specifications of the equipments needed to connect to the network.
Provide clarifications to the Customer in the event of complaints or concerns related to the use of the Service.
Observe the duty to safeguard the privacy inherent in the Access Service Internet and the confidentiality of data and information from the Customer, using every means and technology needed to ensure this right, except in cases of breach of confidentiality provided by law.
The Contacted will not be responsible for misuse of the information or materials made available and/or equipment used by websites, for any purpose whatsoever, by any Customer, who has entire responsibility for eventual injury to himself or others rights, such as, but not limited to: (i) any content transmitted or received through the Internet connections provided by Oi, (ii) the contents of the Customer´s personal "homepage”, (iii) transactions "on-line " made by the Customer during the use of the Service, (iv) any invasion of privacy in the information of your computers connected to the Internet, and (v) for damages caused by any error in content or equipment failure risk.
Under no circumstances, the Contracted be will be responsible for any direct or indirect damages, lost profits, losses, damages or expenses related directly or indirectly with the Client connection to third party sites or with respect to any failure of performance, error, interruption or defect, virus or line failure or system, as well as the performance of third-party networks.
The Contractors have no obligation to monitor the content and nature of content transmitted, distributed or made available to third parties by the Customer through the services included in this Agreement. Nevertheless, the Contracted reserves the right to stop at any time and without notice, on its own initiative or at the request of a third party, transmission or dissemination of the contents made available to third parties by the Client, that contravene the provisions of this Agreement and legislation, and may, in this case, immediately terminate this Agreement.
Having access to the Service under contract through an individual, personal and nontransferable username and password, defined at the moment of hiring.
The access code and password provided are personal and not transferable and must not be available or sold to third parties.
Receive treatment without discrimination as to the conditions of access and enjoyment of the Service.
Having ensured the inviolability and confidentiality of communications, respecting the constitutional assumptions and conditions, contractual and legal secrecy in telecommunications.
Respect privacy in the documents collection and use of your personal data.
Possess the equipment necessary so that the service can be provided as agreed herein.
Keep your account/password confidential and not share them to access the network.
Be responsible for the full security of your data, preserving data loss, intrusion systems and other possible damage to the equipment of their own.
Indemnify any damage that may be caused to third parties caused by the misuse of the Service or the breach of the provisions of this Agreement.
Contracts exempt from any responsibility for repairing any damage to their equipment because of their misuse.
Do not use the Service for illegal purposes or for any other purpose other than that originally intended , such as, without limitation , sending viruses , SPAM and other unauthorized activities.
You may not use the service to propagate or maintain portal or website (s) on the Internet with content that: (a) violate the law, morals, good customs, intellectual property, the rights to honor, privacy, to image, personal and family privacy, (b) encourage the practice of illegal conduct or contrary to morals and good customs, (c) encourage the practice of discriminatory acts, whether based on gender, race, religion, beliefs, age or any other condition, (d) make available or permit access to messages, products, or services illegal, violent, pornographic, degrading, (e) induces or could induce an unacceptable state of anxiety or fear, (f) or induce incite dangerous practices, risky or harmful to health and mental equilibrium (g) is false, ambiguous, inaccurate, exaggerated or extemporaneous, so that they can be misleading about its subject matter or the intentions or purposes of communicating; (h) violate the confidentiality of communications, (i) constitutes illicit, misleading or unfair, in general, that constitute unfair competition and/or denominated "spam emails"; (j) convey, incite or encourage pedophilia; ( k ) incorporate viruses or other physical or electronic elements that may damage or prevent the normal operation of the network, system or computer equipment (hardware and software) of third parties or that may damage the electronic documents and files stored in such equipment.
The Customer shall be liable civilly and criminally for any and all damage caused to or contracted to third parties through the Internet access accomplished with your username and your password and shall take all necessary measures to protect and prevent the use of your username and password by any third party.
Whereas the virtual content on the sites , including, but not limited to images, text and audio are protected by specific legislation of the country of origin, in addition to Brazilian law, international treaties and conventions that aim to protect intellectual property and copyright, the Client is not authorized any other use of the content, other than those provided on the websites. It is prohibited in particular, copying, retransmission or any other use which directly or indirectly characterizes the violation of intellectual property rights or authored, among others.
The Customer undertakes to comply with the rules of the Internet Steering Committee www.cg.org.br available on the website, under penalty of having the contract terminated.
In case of availability problems of wireless internet,complaints, questions, comments and/or suggestions for service the Customer may make contact via phone 0800 643 0328
On the initiative of Contracted at any time upon notice.
Termination motivated by initiative of the Contracted is immediate in case of the event of breach of contractual obligations, legal and/or regulatory provisions relating to the misuse of the Service, use different from what is defined in the Contract, as well as unauthorized configuration, use of non-standard equipment and specifications established by the legislation; unauthorized installation of equipment in the means of access to services, and fraudulent use of contracted services.
On termination, under an agreement between the Parties.
Suspension or revocation of the authorization granted by the Public Undertaking.
At the request of the Customer at any time.
Does not constitute or imply acceptance novation, waiver or consent, abstaining from the exercise of right or power under this contract any tolerance of a Party on the breach or non-application of contractual provision, it being understood that any right can be exercised at any time by either Party.
It is forbidden by Infraero to commercialize the service to individuals or corporations installed within the limits of the airports managed by Infraero, as well as training for local wireless network at outlets located in such airports. Thus, the Customer acknowledges that he is the only one that can use the service at airports managed by Infraero when in transit, under penalty of immediate termination of the contract.
The Parties shall elect the jurisdiction of domicile of the Client as competent to resolve any possible issues arising from the application of this AGREEMENT.