ARTICLE 1 - PURPOSE
This document defines the terms and conditions of use for the METEOR Network WiFi Service.
The METEOR Network WiFi Service allows users with compatible personal devices or portable computers to connect to the Internet wirelessly in areas covered by METEOR Network and its partners.
The Service includes basic Internet access functions. It enables the User to connect to the Internet (World Wide Web) and communicate via electronic mail. However, the Service does not include mailbox provision or web page hosting. METEOR Network does not guarantee communications with corporate networks; the User must verify the technical possibility of connecting to their company's private network.
The Service is accessible from any portable computer equipped with a Wireless LAN network card compliant with IEEE 802.11b standard. METEOR Network recommends the following PC configuration:
- Windows XP or Windows 2000,
- Pre-equipped with WiFi or fitted with a PCMCIA card compliant with IEEE 802.11b standard,
- Equipped with Internet Explorer version 4.67 or later, Netscape Communicator version 5.5 or later, or other compatible browser (Mozilla, Opera…)
ARTICLE 2 - SERVICE ACCESS
The Service is in principle accessible 24 hours a day in mainland France, during the opening hours of places covered by METEOR Network's WiFi Service and its partners, under the conditions and limits of the WiFi offer subscribed to by the User. To access the Service, the User is generally required to authenticate (Access Codes, Username and Password). In some cases, access to the Service does not require authentication.
ARTICLE 3 - TELEPHONE SUPPORT
METEOR Network provides users with telephone support to handle calls and ensure proper treatment of the following aspects:
- Service access support
- Service usage support
This support is available Monday to Friday from 8 am to 8 pm and Saturday from 9 am to 8 pm, excluding Sundays and public holidays.
Telephone support: 0811 63 83 67
ARTICLE 4 - SECURITY
4.1. The level of radio channel coding may vary depending on the functionality levels introduced by METEOR Network and according to the User's configuration profile. For certain profiles, the radio channel is not coded.
Communications made via the Service generally have the same level of security as standard Internet communications.
If the User wishes to enhance security, they may install security software such as firewalls or VPNs themselves. As these are third-party software, METEOR Network is not responsible for their functioning.
Absolute protection against intrusions or illegal eavesdropping cannot be guaranteed. METEOR Network declines any responsibility for such events.
4.2. It is recalled that the Internet is not a secure network. Therefore, it is the User's responsibility to take all appropriate measures to protect their own data and software from potential contamination or unauthorized access, including making backups before and after implementing the Service.
4.3. The User acknowledges being fully informed of the unreliability of the Internet network, particularly regarding the lack of security in data transmission and the lack of guarantee concerning transmission performance volume and speed. The User acknowledges being informed that the integrity, authentication and confidentiality of information, files and data of any kind they wish to exchange on the Internet cannot be guaranteed on this network. The User must not therefore transmit via the Internet messages for which they would want confidentiality to be guaranteed infallibly.
ARTICLE 5 - COOKIES
Certain files, called "cookies", may be stored on the User's computer when using the Service. These files facilitate navigation for the User and allow METEOR Network to provide better service. Indeed, cookies store the User's data so they do not have to enter it again during subsequent visits.
The User has the ability to disable or delete these files from their hard drive. However, the User's attention is drawn to the fact that some services offered through the Service will not be accessible or will only be partially accessible if the User refuses cookies.
If the User wishes to be systematically informed of cookie installation (via warning message) or prevent such files from being stored, they simply need to configure their Internet browser accordingly.
ARTICLE 6 - USER COMMITMENTS AND RESPONSIBILITIES
6.1 Service Access Codes
Access Codes allowing the User to authenticate and connect to the Service are personal and confidential. The User commits to keeping Access Codes secret and not disclosing them in any form. By using these Access Codes, the User has personalized and exclusive access to the Service. The User therefore undertakes not to transfer it to third parties.
All access to the Service resulting from the use of the User's Access Codes is done entirely at the User's responsibility, METEOR Network declining all responsibility in this respect. For clients with prepaid METEOR plans, in case of loss or theft of these Access Codes, the User must inform METEOR Network via the telephone support defined in Article 3, as soon as possible so that METEOR Network can cancel them.
6.2 Specific Internet-Related Obligations
The User undertakes not to use the Service for unlawful, prohibited and illegal purposes.
The User, in the context of Service usage, is prohibited from any fraudulent, abusive or excessive use of the Service, such as in particular the voluntary or involuntary congestion of mail servers and/or mail recipients through wild mass mailing (spamming, bulk e-mail, junk-email, or mail bombing) or its network, or sending attractive messages necessarily generating a large number of responses (teasing or trolling) which could thus disrupt the availability of such servers or networks.
Regarding products or services on the Internet, the User addresses any complaint relating to the performance of services or the sale of products directly to content providers.
METEOR Network furthermore warns the User about the nature and diversity of content available on the Internet, which may be liable to harm minors.
6.3 User Responsibility
The User is solely responsible for any direct or indirect, material or immaterial harm caused to third parties as a result of their use of the Service. The User is solely responsible for the use of their Access Codes. Any use of the Service (data transmission, ...) made using the User's Access Codes is presumed to have been made by the User, unless proven otherwise.
It is the User's responsibility to verify that they have the hardware, software, and browsers enabling them to use the Service, METEOR Network being in no way responsible for such equipment chosen under the User's responsibility, who is also responsible for the security and protection of their equipment.
The User acknowledges having received all necessary information concerning the specifications and conditions of Service usage, which allows selecting or restricting access to certain sites, servers or data and having been offered one of these means.
ARTICLE 7 - METEOR NETWORK COMMITMENTS AND RESPONSIBILITIES
7.1. METEOR Network implements all means at its disposal to ensure access to the subscribed Service.
7.2. METEOR Network is not responsible for content accessible via the Internet and damages that may arise from their use unless such damages were intentionally caused by METEOR Network. Given the confidentiality that should benefit private correspondence, METEOR Network exercises no control over the content or characteristics of data received or transmitted by the User on its network and/or on the Internet. However, to ensure proper management of the Internet access system, METEOR Network reserves the right to delete any message or prevent any User operation likely to disrupt the proper functioning of its network or the Internet or not respecting rules of operation, legal, ethical and professional standards. Exception may be made to this confidentiality rule within the limits authorized by law, at the request of public and/or judicial authorities.
7.3. METEOR Network cannot be held responsible for the exploitation of data and information that the User may have introduced on the Internet. METEOR Network declines all responsibility regarding the consequences of fraudulent, abusive or excessive use of the Service by the User, such as in particular the voluntary or involuntary congestion of mail servers or mail recipients through wild mass mailing (spamming, bulk e.mail, junk e.mail or mail bombing) or its network or sending attractive messages necessarily generating a large number of responses (teasing or trolling) which could thus disrupt the availability of such servers or networks.
7.4. METEOR Network's responsibility cannot be engaged:
- In case of use of equipment not approved by METEOR Network,
- In case of incompatibility or malfunction of a Wireless LAN (IEEE 802.11b) network card with METEOR Network's WiFi network (particularly linked to different computer or network card settings than those implemented on the network),
- In case of incompatibility or malfunction with mail systems or applications implemented and/or operated by third parties,
- in case of misuse of the Service by the User,
- in case of improper installation and/or incorrect configuration and/or malfunction of the User's portable computer or PDA and/or Wireless LAN (IEEE 802.11b) network card,
- in case of non-compliance by the User with their obligations,
- in case of inability to access a company's virtual private network via the Internet,
- in case of Service use following disclosure, loss or theft of Access Codes associated where applicable with each "METEOR Network" Prepaid Card, and more generally, use of said Service by an unauthorized person, not resulting from METEOR Network fault,
- in case of disruptions or interruptions,
- in case of disruptions and/or total or partial unavailability, and/or interruption of all or part of services offered on networks operated by Third-Party Operators.
7.5. In this regard, METEOR Network remains unrelated to any disputes that may oppose the User to third parties.
7.6. In general, in no case can METEOR Network be held responsible for repairing direct and/or indirect harm suffered as a result of Service usage by the user, the latter acknowledging that METEOR Network cannot be responsible for content accessed by the user and that accessibility to content and service is not guaranteed and may be suspended without notice.
7.7 METEOR Network informs Service users that new applicable provisions regarding the fight against terrorism require operators to retain the operational data of connections made by users: sender, recipient, date and time of connection start, date and time of connection end, addresses visited with the exception of their content.
ARTICLE 8 - SUSPENSION / TERMINATION
8.1. METEOR Network reserves the right to suspend/terminate access to the METEOR WiFi Service in case of breach by the User and/or by the Manager of any of their obligations, and in particular in case of hacking or attempted illegal use of information circulating on the network having the User's account as cause or origin, without METEOR Network's responsibility being questioned and without the user being able to claim any compensation or repair.
8.2. METEOR Network, at the request of third parties and/or any competent authority, reserves the right to temporarily or permanently suspend any Service usage without METEOR Network's responsibility being questioned and without the User being able to claim any compensation or repair.
ARTICLE 9 - COLLECTED DATA
METEOR Network may record certain non-personal data such as the type of browser used or the location from which the User connected to the Service. This information cannot in any way establish a link with the User and serves exclusively to inform METEOR Network so it can provide effective service at Service access locations. METEOR Network may also sometimes indicate to owners and operators of web pages linked to Service pages the number of users accessing these web pages from Service pages. This information cannot in any way establish a link with the User.
It is possible that in the context of Service usage, METEOR Network collects data relating to traffic generated by the User during the Service period and for Service needs, and proceeds with storage, retention and processing of communication data, which the User accepts. Moreover, the User is also informed that METEOR Network provides this data to the City of Nice, so it can use it, alone or with its partners, for research and study purposes.
On the other hand, in the event of collection by METEOR Network of personal data, the latter takes measures to ensure the protection and confidentiality of such information it holds or processes in compliance with the provisions of Law No. 78-17 of January 6, 1978, relating to information technology, files and freedoms. These may give rise to exercise of the individual right of access, rectification and deletion with METEOR Network under the conditions provided by the opinion No. 80-10 of April 1, 1980 of the National Commission for Data Protection.
ARTICLE 10 - FORCE MAJEURE
METEOR Network will not be responsible for non-performance or partial performance of its obligations if such non-performance or partial performance results from a fact beyond its control or beyond its will, as well as in case of force majeure within the meaning of the jurisprudence of the Court of Cassation.
ARTICLE 11 - JURISDICTION
Failing amicable settlement, in case of dispute arising from contract performance under these terms of use, the sole jurisdiction recognized and accepted by both parties is that of the Commercial Court of PARIS. This provision applies even in case of incidental claims, third-party claims or plurality of defendants.
This provision does not apply in case of dispute with a consumer for whom legal rules of competence apply. Where the latter is a merchant, failing amicable settlement, the parties agree to submit their disputes to courts within the jurisdiction of the Paris Court of Appeal.
French law exclusively applies.