Terms & Conditions of use session cards

The purpose of this document is to define the conditions of use relating to the SFR WiFi service offered by SFR.

This service allows a Client with a portable computer or personal digital assistant (PDA) equipped with a WLAN network card (IEEE 802.11b) to make a high-speed, wireless connection to the Internet from SFR WiFi Service network coverage zones.

The SFR WiFi Service (hereinafter referred to as the "Service") includes basic Internet access functions, namely: Provision of an IP address (access to DNS, Internet gateway allowing navigation on the Internet, and access to messaging service, etc.). The service does not include the provision of a mailbox or Web page hosting.

The SFR WiFi Service is accessible from any terminal equipped with a WLAN network card (IEEE 802.11b) provided it complies with WEKA specifications and provided the card is certified for IEEE 802.11b.

The SFR WiFi Service allows the Client to connect to the Internet (World Wide Web) and communicate using an electronic messaging system, and provides for unlimited file downloading with respect to the amount of data exchanged.

However, SFR does not guarantee communications with business networks. The Client must therefore determine whether it is technically possible to connect to his or her company's private network.

A subscription to the SFR WiFi Service requires the purchase of a Prepaid "SFR WiFi Service" Card followed by authentication at the "http://wifi.sfr.fr" web site.

The access to the SFR WiFi Service is available during the operating hours of the SFR Hotspots; and the duration of use of the Service depends on the session duration of the Session Card purchased by the Customer.

The length of a session may not be divided up : A session starts once authentication is effected at the "http://wifi.sfr.fr" web site and ends automatically at the expiry of the card's duration.

Therefore, if a Client who has purchased a "1-hour" SFR WiFi Service Card starts a session at 3:15 p.m., the session ends automatically at 4:15 p.m., even if the Client has interrupted his or her connection during the one-hour period.

The SFR WiFi Service card is valid during the whole WiFi experimentation lead by SFR in several hotspots and for associated periods.

SFR WiFi Service cards can be used in every hot spot covered by the SFR WiFi network. The whole coverage map of this network is available on the wifi.sfr.fr website.

The set of elements that allow the Client to identify himself or herself (user name/login and password, hereinafter referred to as the "Identifiers") and to connect to the Service are personal and confidential.

The Client undertakes to keep the Identifiers confidential and not to disclose them in any manner whatsoever.

In the event of the loss or theft of these access Identifiers, the Client must inform SFR as soon as possible so that SFR can cancel them.

These Identifiers allow the Client personalized and exclusive access to the Service. The Client shall refrain from giving free access to the Service to third parties.

The Client assumes full responsibility for any access to the Service made through the use of the Client's Identifiers.

4.2.1. As regards the use of the Internet, the Client is advised that the Internet is a network conveying data that may be protected by intellectual property rights or that may violate legal provisions in force.

The Client shall therefore refrain from transmitting over the Internet any data that is prohibited, illicit, illegal, contrary to morality or public policy, or that infringes or may infringe third-party rights and in particular intellectual property rights.

4.2.2. Please note that the Internet is not a secure network. Under the circumstances, the Client is responsible for taking all appropriate measures to protect his or her own data and/or software, in particular with respect to infection by any viruses transmitted through the Internet network or as a result of intrusion by a third party into the Client's terminal (portable computer, PDA or mobile device) for any purpose, and to make back-ups of data on his or her portable computer before and after accessing the Service.

4.2.3. The Client also acknowledges that he or she is fully aware of the limitations of the Internet with respect to reliability, in particular in terms of the absence of security relative to data transmission and of the absence of guarantees relative to the volume and speed of data transmission.

The Client acknowledges that he or she is aware that the integrity, authentication and confidentiality of the information, files and data of any type that he or she wishes to exchange on the Internet cannot be guaranteed on this network.

The Client must therefore refrain from transmitting any messages via the Internet for which it is essential that confidentiality be is strictly respected.

4.2.4. The Client shall refrain from any fraudulent, abusive or excessive use of the Services, such as the intentional or unintentional overload of SFR's messaging servers and/or mail recipients' servers due to mass mailing (spamming, bulk e-mail, junk e-mail or mail bombing) or of its network, or due to sending soliciting messages necessarily generating a large number of replies (teasing or trolling) that may interfere with the availability of the said servers or network.

4.2.5. With respect to products or services on the Internet, the Client shall apply directly to content suppliers with respect to any claim concerning the performance of services rendered or the sale of products thereby.

4.2.6. SFR further warns the Client about the nature and diversity of content available on the Internet, which may be harmful to minors.

5.1. SFR shall apply all the means at its disposal to ensure access to the subscribed Service although it cannot guarantee the connection speed referred to in its documentation or on the "http://wifi.sfr.fr" web site.

5.2. SFR shall not be responsible for content accessible through the Internet and for damage that may arise from its use unless the damage was intentionally caused by SFR.

In view of the confidentiality that private correspondence should enjoy, SFR shall not exercise any control over the content or characteristics of the data received or transmitted by the Client on its network and/or over the Internet. However, in order to ensure adequate management of the Internet access system, SFR reserves the right to delete any message or prevent any operation by the Client that may interfere with the proper operation of its network or the Internet, or which do not comply with the rules of operation, ethics or conduct.

Exceptions to these confidentiality provisions may be made to the extent authorized by law, at the request of public or judicial authorities.

5.3. SFR shall not be liable for the use of data and information that the Client may transmit via the Internet.

SFR assumes no liability for the consequences of fraudulent, abusive or excessive use of the Services by the Client, such as the intentional or unintentional overload of SFR's messaging servers and/or mail recipients' servers due to mass mailing (spamming, bulk e-mail, junk e-mail or mail bombing) or of its network, or due to sending soliciting messages necessarily generating a large number of replies (teasing or trolling) that may interfere with the availability of the said servers or network.

SFR shall record all connections made by the Client, namely: date and time of start of connection, date and time of end of connection, and addresses visited.

The Client shall be solely liable for any direct or indirect damage, tangible or intangible, caused to third parties resulting from his or her use of the Service.

The Client shall be solely liable for the use of his or her Identifiers. Any use of the Service (data transmission, etc.) made using the Client's Identifiers shall be deemed to have been made by the Client.

This agreement shall be effective from the time of the Client's identification on the "http://wifi.sfr.fr" web site for a period corresponding to the SFR WiFi Service Card purchased by the Client.

SFR reserves the right to suspend access to the Service and to terminate the agreement in the event of a default by the Client with respect to any of his or her obligations and in particular in the event of acts of piracy or attempts made with respect to the illicit use of data on the network generated by or originating with the Client's account.

If the Client is a merchant, any dispute arising from the interpretation, execution, or performance of this agreement shall be submitted to the Commercial Court of Paris.

This provision shall not apply with respect to disputes with a consumer to whom the legal provisions relating to jurisdiction apply.