Termos of use of the global Wi-Fi service

1. Object

1.1. The present Terms of Use ("Terms of Use") aim to establish the conditions that will govern the provision by MEO – Serviços de Comunicações e Multimédia, SA ("MEO"), of the Internet access service in public Hotspots through Global Wi-Fi (hereinafter "WI-FI" or "SERVICE").

1.2. The SERVICE is offered by MEO, through public Hotspots, installed in places owned by corporate client(s) with which MEO has established an agreement for that purpose.

1.3. Access to the SERVICE requires that the User observe the content of condition 2 ("Access to the SERVICE") of the present Terms of Use.

1.4. Provision of the SERVICE requires that the User’s equipment be in a perfect state of operation and be compatible with Wi-Fi technology and the respective public Hotspots.

1.5. Registration and use of the SERVICE presumes knowledge and acceptance, by the User, of the provisions of the present Terms of Use as well as the provisions of paragraph 8. "Privacy and Protection of Personal Data".

1.6. These Terms of Use of the not preclude application of any legal rules or other conditions defined by MEO or by public entities to access and/or use the SERVICE.

1.7. MEO has the exclusive right to, at any moment, with no need for prior notice and effective immediately, establish specific rules as far as the use of the SERVICE, and to alter, add or revoke, partially or totally, the present Terms of Use.

1.8. It is the User’s duty to consult periodically the Terms of Use and documents that complement them; they must immediately cease using the SERVICE if they do not agree with any of its rules.

2. Access to the SERVICE

2.1. Use of the SERVICE is free of charge and conditioned to prior registration by the User, providing mandatory information to effect it, and acceptance, without reservations, of the present Terms of Use.

2.2. The process of using the SERVICE will be carried out by selecting the SSID WI-FI available (Hotspot). Pre-registration requires authentication/accreditation mechanisms to identify the user that is subscribing the SERVICE, validating for that purpose the data collected, by sending token text messages to the Msisdn (mobile phone number) provided; these user identification elements are of personal and non-transmittable nature.

2.3. The SERVICE may have limitations as far as debit or speed (Mbps), traffic (GB) or duration (Minutes/Hours) as determined by the corporate client(s) with which MEO has established an agreement for purposes of installation of public Hotspots, as mentioned in condition 1 ("Object") of the present Terms of Use.

2.4. The User acknowledges that the data that circulate in the network are not protected against eventual deviation and that communication of access keys, passwords, confidential codes and any sensitive information will be done at their entire responsibility.

2.5. The User accepts that providing their code to other people entails access and use of the SERVICE in their name, whether or not they authorised it, and that, for all legal and judicial purposes, they will be liable for said use.

2.6. MEO will not be liable for any losses or damages caused by undue or abusive use, whether by the User or by third parties.

2.7. The User also commits not to allow use of the SERVICE in direct or indirect benefit (commercial or otherwise) of third parties, without prior authorisation in writing by MEO.

2.8. The User acknowledges and accepts that MEO may restrain or limit access to the SERVICE for reasons related with technical conditions.

3. Use of the SERVICE

3.1. The User commits to use the SERVICE in accordance with the present Terms of Use, namely, to keep confidential the access code to the SERVICE, and must not use access identification that is not theirs, taking full and total responsibility for the non-disclosure of that data.

3.2. The User commits, equally, to:

• 3.2.1. Observe all legal provisions applicable, namely to not carry out or encourage practice of acts that are unlawful or offensive to good custom.
  
  
• 3.2.2. Act in good faith and use the SERVICE without harming any rights of third parties and\or MEO, adequately, solely and exclusively for the purposes provided in the present Terms of Use, refraining from assigning, offering to third parties or making changes thereto.
  
  
• 3.2.3. Not attack or allow third parties to do so, the network or systems of MEO or of third parties, or unlawfully use resources of third-party systems, even without causing any damages, by means that include, among others, mail bombing, hacking, obtaining root access, tsunami, flood bots, nuke, flash, packet sniffers and flood pings or other types of activities that may cause any damages to MEO or to third parties.
  
  
• 3.2.4. Not send unsolicited messages by e-mail or send indiscriminate messages to newsgroups, actions called spamming, which are not tolerated by many Internet users and, when practiced by the User, may cause retaliating against MEO, harming all other users, and is exclusively responsible for the damages and/or losses caused.
  
  
• 3.2.5. Not make available, send or transmit false or deceiving information or any unlawful content, namely, defamatory, invasive of privacy of third parties, that harms minors, incapacitated or handicapped.
  
  
• 3.2.6. Not make available, transmit or send (negligently or wilfully) any material that contains software virus or any other computed code, files or programmes aimed at interrupting, destroying or limiting the functionality of any computer or IT system (hardware and software) or telecommunications equipment.
  
  
• 3.2.7. Not use contents containing any elements that are illegal, pornographic, violent, discriminatory, offensive and/or that may violate or breach third-party rights.
  
  
• 3.2.8. Not try to practice any of the acts identified in the items above or others not allowed by Law.

3.3. By signing up to the SERVICE, the User expressly accepts that it is to be used by a great number of users and that, for reasons of unpredictable overload of the computer systems that it is based on, MEO may not guarantee full operation 24 hours per day; besides, the IP (Internet Protocol) Network is a public digital communications network susceptible of use by several Users and, as such, subject to overload, thus MEO does not guarantee access to the SERVICE without interruptions, loss of information or delays.

3.4. MEO also does not guarantee access to the SERVICE in situations of unpredictable overload of the systems that it is based on or force majeure (situations of an extraordinary or unpredictable nature, foreign to MEO and that it may not control).

3.5. In case of interruption of access to the SERVICE, for reasons of unpredictable overload of the systems that it is based on, MEO commits to restore operation as soon as possible.

4. Safety Online
Safety of the Network and Systems

4.1. The User is not allowed to interfere intentionally in the good operation of servers or violate (or try to violate) any authentication or safety system that protects access accounts, servers, services or networks. These cases include, namely:

• 4.1.1. Unauthorised accesses to foreign data (breach of privacy).
  
  
• 4.1.2. Unauthorised search for vulnerabilities in servers, services or networks, namely systematic detection of response to services (scan).
  
  
• 4.1.3. Entry or attempted entry in machines without express authorisation from those responsible (Break In).
  
  
• 4.1.4. Actions or overload, whether or not combined with exploitation of vulnerabilities of systems, aimed at sabotaging operation of services (Denial of Service).
  
  
• 4.1.5. Sending mass packages (Flooding).
  
  
• 4.1.6. Any type of attempt to hinder or disturb servers, services or networks.

4.2. Interception of data is not allowed in any network or server without express authorisation from the legitimate proprietors.

4.3. Falsifying (introducing, modifying, suppressing or deleting, wholly or in part) data is not allowed, after production thereof, with the intention of deceiving and misleading the receivers of those data. Cases of falsification include, but are not limited to:

• 4.3.1. Change of IP addresses (IP Spoofing).
  
  
• 4.3.2. Change of identification of e-mail or News messages.

4.4. The User is not allowed to use remote computers as "proxies" for purposes of forwarding traffic.

Safety of Services

4.5. Abusive use of e-mail may cause disturbance and losses to the other users of the network, directly or indirectly, by jeopardising the normal operation of systems that support the SERVICE, thus one is not allowed to:

• 4.5.1. Send e-mail messages to those who (expressly) declared that they do not wish to receive them.
  
  
• 4.5.2. Spreading a message or messages of an equal or identical content to a total number of receivers above 50 (fifty), except in special situations duly acknowledged as such by MEO.
  
  
• 4.5.3. Sending messages of more than 10 MB.
  
  
• 4.5.4. Using other e-mail servers than those made available by MEO for that purpose, without (express) authorisation from the respective officers.

5. Intellectual Property

5.1. The User accepts that the contents that they access may be protected by intellectual property rights, namely author’s rights and/or associated rights, thus any use thereof, for purposes other than private use, may take place only with express authorisation of the respective holders, which they must ensure.

5.2. The User commits to:

• 5.2.1. Not copy, damage, edit, modify contents protected by author’s or associated rights or make any unlawful or unauthorised use of any trademarks, logotypes, firms, domains and other distinctive brands of MEO, its partners or third parties, and to not remove any notice on author’s rights, trademark or notices on property rights and to not falsely state that contents are sponsored or supported by MEO.
  
  
• 5.2.2. Not use any content from the advertising, highlight, promotion or mention of any sponsor or advertiser, unless expressly authorised by the respective holders of author’s or associated rights or industrial property.

5.3. The User acknowledges that the SERVICE website is the property of MEO or its partner(s) and contains confidential information protected by author’s rights and associated rights, industrial property rights and others arising from other applicable legislation.

6. Liability

6.1. Under the present Terms of Use, MEO may be liable only for damages or losses that are directly attributable thereto, by wilful or serious fault, and takes no responsibility, namely, for indirect damages (such as loss of revenue, among others), for extraordinary losses and/or for activities that are the direct responsibility of the User or of third parties.

6.2. MEO takes no responsibility for loss of data or any losses, as well as suspension, interruption or any other anomaly in the SERVICE that is not directly attributable thereto, by wilful or serious fault, without prejudice of responsibilities arising imperatively from law, namely:

• 6.2.1. Delays, interruptions, errors and suspensions of communications generated by factors that it does not control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, by modems, by access software or eventual computer viruses.
  
  
• 6.2.2. Damages caused by its own or third parties’ faults, including violations of Intellectual Property.
  
  
• 6.2.3. Breach or defective fulfilment caused by breach of orders from courts or administrative authorities.
  
  
• 6.2.4. Breach or defective fulfilment of obligations undertaken under situations of force majeure, that is, situations of an extraordinary or unpredictable nature, foreign to MEO and that it may not control, such as fire, power cuts, explosions, wars, tumults, civil insurrections, government decisions, strikes, earthquakes, floods and other natural cataclysms or situations not controllable by MEO.

6.3. MEO will not be liable for eventual damages or losses that the User or third parties may sustain, namely in the safety of systems, networks and or IT resources used, due to information or data offered or received online, unlawful intruder attacks or congestion of the computer system and/or network, regardless of the technology used by the User, and also due to errors ("bugs") in the computer systems of the User and/or of the SERVICE or the need to install developments ("upgrades") in the computer systems that they use.

6.4. MEO will also not be responsible for the safety of the information that the User transmits through the SERVICE or for the accuracy or integrity of all information obtained with the SERVICE, or, in any circumstance, for profits lost, interruption of business, information or loss of data, safety breach, loss of goodwill or other pecuniary loss, including loss or damages sustained due to virus, denial of SERVICE, spamming (unsolicited e-mail), among others.

6.5. The User expressly acknowledges and accepts that MEO merely provides the SERVICE in exclusivity and is not responsible for the content of the information or of any data offered or received online, or for facts or circumstances that show the illegality thereof.

6.6. The User expressly acknowledges and accepts that MEO is not responsible for the content of advertising messages or any data of partners and takes no responsibility for loss, misplacement or damages to those messages, via SERVICE, or for the existence of errors or eventual interruptions that may happen during use of the SERVICE.

6.7. MEO will not be liable for any dispute that the User is party to facing third parties, due to direct or indirect use of the SERVICE.

7. Privacy and Protection de Personal data

7.1. Using the SERVICE presumes knowledge and acceptance of the Personal Data Protection Policy of PT Portugal, SGPS, S.A., in force from time to time and presently published at www.telecom.pt/pt-pt/paginas/politica-privacidade.aspx.

7.2. The User’s personal data will be the object of treatment by MEO, as the entity responsible for treatment, for aims of managing the SERVICE, including managing access and use thereof, and are indispensable for the respective use.

7.3. The treatment of personal data for other aims that takes place, if any, will be the sole and exclusive responsibility of the corporate client(s) where public Hotspots are installed in the terms of paragraph 2 of condition 1 ("Object") of the present Terms of Use, in the capacity of entity "Responsible for the treatment of data".

7.4. The User’s data will be treated by MEO in conformity with the applicable legislation, whenever necessary to use the SERVICE. Data on the User’s geographic location, profile and/or consumption will be treated to the extend essential to provide the services hired and for the duration of the provision, allowing access, namely, to specific functionalities of services, suggested contents, informative proximity services, and may be subject to the existence of automated decisions.

7.5. Data on the User’s traffic, geographic location, profile and/or consumption means:

• 7.5.1. Traffic data: any data treated with the aim of sending communication through a digital communications network or for purposes of invoicing it, such as number or identification, address and type of post of the subscriber; total number of units to be charged for the period counted, as well as type, time of beginning and duration of communications or volume of data transmitted; data on communication or service and number called; other information regarding payments, such as advanced payments, payments in instalments, connection cuts and notices.
  
  
• 7.5.2. Location data: any data treated in a digital communications network or within a digital communications service providing the geographic position of the terminal equipment of a user of a digital communications service accessible to the public.
  
  
• 7.5.3. Data on consumption or profile: data arising from joining and using the services, through the functionalities thereof, such as viewing television channels and using additional services, renting videos, audiences, recordings of televised contents and use of other entertainment or information services.

7.6. In case of authorisation by User to MEO, granted under a contract signed with MEO or in the future:

• 7.6.1. Traffic data, geographic location, profile and/or consumption will also be treated for purposes of marketing communications and commercialization of products and services, including customised commercial offers.
  
  
• 7.6.2. Traffic data, geographic location, profile and/or consumption will also be made available to companies of the group Altice Portugal, for commercialization of products and services.

7.7. In the terms of the applicable legislation, the User is entitled, at any moment, to access, rectify, update, limit and delete their personal data, to withdraw consent, without compromising the lawfulness of the treatment done, based on consent previously given, to object to the use thereof for commercial purposes by MEO, and to portability of data (except for data indispensable to provide the SERVICE or to fulfil legal obligations that the entity responsible for treatment is subject to), which they may do by requesting in writing or by other means and contacts provided by the entity responsible for the treatment of the personal data, MEO - Serviços de Comunicações e Multimédia, S.A., with main office in Av. Fontes Pereira de Melo, n.º 40, 1069-300, Lisbon or with the data protection officer of the group Altice Portugal, through the e-mail address: [DPOAlticePortugal@telecom.pt].

7.8. Omission or inaccuracy of personal data or other information provided by the User is their entire responsibility.

7.9. Without prejudice of the provisions that govern the validity, formation or effects of a contract on a child, as far as direct offer of services of information society, treatment is lawful only and to the extent that consent is given or authorised by the holders of parental responsibilities on children, when under 16 years of age, unless another age is established in national legislation.

7.10. The User may submit claims to the controlling authority, presently the National Commission on Data Protection (CNPD).

7.11. MEO may communicate the User’s personal data with the aim of fulfilling legal obligations namely to policing, judicial, tax and regulatory entities.

7.12. The third-party entities that, under the provision of services, treat personal data of the User in the name and on behalf of MEO, are bound, in writing, to enact adequate technical and safety measures that, from time to time, meet the requisites provided in the legislation in force and endure defence of the rights of the holder of the data (namely, protection of privacy and personal data of the User).

7.13. The User, and if applicable, as the sole subscriber of the SERVICE, declares, regarding eventual personal data of users of the SERVICE, that they provided said users will all information required and stated in the present clause. Likewise, the User, and if applicable, declares, regarding eventual personal data of users of the SERVICE required for purposes of communications on marketing and commercialization of services and/or products, including by means that allow receiving messages regardless of the intervention of receivers, from MEO and from any entity of the group Altice Portugal, that they procured therefrom prior consent as required for the purposes provided in the present clause, and that they provided said users with all information needed and stated in the present clause.

7.14. The provisions of the preceding paragraph will be, likewise, applicable whenever, performing the SERVICE, there are other users with access thereto.

7.15. If MEO decides to adopt, in conformity with the legal provisions, policies to manage traffic with the aim of, due to technical quality reasons, optimise the use of its services, they will not interfere with the protection of users’ personal data.

7.16. The User acknowledges that there are risks of interference as far as the safety, privacy and confidentiality of data, inherent to Wireless technologies. MEO may not be liable for said interferences and their consequences.

8. Suspension and Cessation of the SERVICE

8.1. MEO may temporarily suspend or cease provision of the SERVICE, whenever the User violates any of the present Terms of Use and/or if MEO decides to discontinue the SERVICE.

8.2. If MEO ceases providing the SERVICE to the User, for reasons attributable to the latter, it reserves the right to prevent new sign-up by that User.

8.3. Without prejudice of the provisions of condition 2 ("Access to the SERVICE") of the present Terms of Use, in case of suspension or cessation, temporary or definitive, of the SERVICE, MEO commits to inform the User with 24 (twenty-four) hours’ notice, without granting to the User the right to receive any indemnity or compensation.

9. Miscellaneous Provisions

9.1. The present Terms of Use enter into force on the date of registration in the SERVICE, and are valid for an indefinite period, unless the registration made is cancelled by the User or MEO ends the SERVICE, at any moment, by contacting the User Assistance Service.

9.2. In all that is not provided for in the present Terms of Use, Portuguese law will be applicable.

9.3. To solve any conflict arising from the execution of the present Terms, the jurisdiction of the Court of the District of Lisbon will be competent, with explicit waive of any other.