Version V4 of 01/12/06

A few definitions for easy reference :

Orange France : Mobile telephone operator marketing access to the Orange wifi access service.
User : Term that can refer to either a subscriber to an Orange Business Solution offer, a subscriber to an Orange offer (excluding offers with a mobile account), the holder of an offer purchased from a partner of Orange France, or the user of an Orange wifi access prepaid card. When the User is subscribed to an Orange offer, these Terms of Use form part of the General Terms and Conditions of Subscription pertaining to the said Orange offer. When the User is subscribed to an Orange Business Solutions offer, these Terms of Use form part of the Orange Business Solutions General Terms and Conditions of Subscription.
Internet : Global network made up of telecommunications resources and server and client computers, and intended for exchanging electronic messages, multimedia information and files. It functions by means of a common protocol whereby messages, after being divided up into independent packets, are transported step by step over the network. The Internet is not managed by any central body. Each section of the network belongs to a separate public or private organisation. Its operation relies on cooperation among the operators of the different networks.
URL : Uniform Resource Locator. This is the address of a server, the address at which Internet users can reach a given web site.
PDA : Term embracing all portable devices collectively known as "personal digital assistants".
"Orange wifi access " Prepaid Card : designates both material and virtual prepaid cards, which represent a certain credit of prepaid Wi-Fi call minutes.

Article 1. PURCHASE

The purpose of this document is to set out the terms of use of the Orange Wi-Fi Access service offered by Orange France.
The Orange wifi access service, hereinafter referred to as the Service, allows Users equipped with a Wi-Fi-enabled PDA or laptop computer to establish a wireless connection to the Internet from the zones covered by the Orange Wi-Fi network or that of its partners.
The Service includes the basic functions of Internet access. The Service does not include the provision of an email inbox nor the hosting of WEB pages. The Service is accessible from any laptop computer equipped with a wireless-LAN network card conforming to IEEE 802.11b and certified by the la Wi-Fi™ Alliance (further information available at www.wi-fi.org).
Orange France recommends the following PC configuration :
Windows XP or Windows 2000,
pre-equipped for Wi-Fi or fitted with a PCMCIA card conforming to IEE 802.11b and certified by the Wi-Fi tm Alliance (further information available at www.wi-fi.org)
Internet Explorer version 4.67 or higher, or Netscape version 5.5 or higher.
For the Wi-Fi connection to function correctly, it is essential to have operating system versions that are compatible with the Service and network cards that have been approved by Orange France.
The list of approved operating systems and network cards is drawn up and kept up to date by Orange France. It is available on request from the customer service department. Users are responsible for ensuring that the equipment they use is on this list.

Article 2. ACCESS TO THE SERVICE

In principle, the Service is accessible 24 hours a day, during the normal opening hours of the locations covered by the Orange Wi-Fi service and that of its partners, under the terms and conditions and within the limits of the Wi-Fi offer to which the User is subscribed. To access the Service, Users are required to enter their identifier and password (hereinafter referred to as the "Access Codes").
Moreover it is understood that any connection to the URLs shown on this home page once the Service Access Codes have been entered shall be counted against the connection time included in the Wi-Fi offer to which the User has subscribed.

Article 3. HOTLINE SUPPORT

Orange France provides Users with a hotline support service designed to receive and process Users' calls on the following aspects:
Support for accessing the Service,
Support for using the Service.

Hotline support is available 24 hours a day and 7 days a week, for subscribers to an Orange France offer:

Others Users who are not Orange France customers and who access the wifi access service through a technical interoperability agreement are invited to contact the support service of the operator to whom they have subscribed.

Article 4. COOKIES

Files known as "cookies" may be stored on Users' computers when they use the Service. These files facilitate navigation for Users and allow Orange France to provide a better service. Cookies memorise User data so that Users are not obliged to enter it again on subsequent visits.
Users can neutralise them or remove them from their hard disk, but should be aware that certain services offered by the Service will not be accessible, or will be only partially accessible, if cookies are disabled.
If Users wish to be systematically informed before the installation of a cookie (via a notification message) or prevent such a file from being stored on their computer, they should configure their Internet browser accordingly.

Article 5. USERS' UNDERTAKINGS AND RESPONSIBILITIES

5.1 Service Access Codes
The Access Codes Users use to identify themselves and log onto the Service are personal and confidential.
Users undertake to keep their Access Codes secret and refrain from disclosing them in any form whatsoever.
The Access Codes give Users personalised, exclusive access to the Service. Accordingly Users must refrain from giving them to third parties.
Users shall be held fully responsible for any access to the Service obtained through the use of their Access Codes. Orange France disclaims all responsibility on this account. In the event of the loss or theft of the Access Codes pertaining to prepaid Orange wifi access offers, the User must inform Orange France to this effect via the hotline support service defined in Article 3 as soon as possible so that Orange France can cancel the Access Codes.

5.2 Specific obligations in relation to the Internet

5.2.1 In relation to use of the Internet, Users should be aware that data conveyed on the Internet may be protected by intellectual property rights, literary or artistic copyright, or may infringe the legal provisions in force.
Users shall therefore refrain from transmitting over the Internet any information that is prohibited, illicit, illegal, contrary to public decency or law and order, and infringing, or likely to infringe, the rights of third parties and in particular intellectual property rights, literary or artistic copyright.
5.2.2 Users shall refrain from any fraudulent, improper or excessive use of the Service, such as the voluntary or involuntary congestion of email servers and/or email inboxes by unsolicited commercial email (spamming, bunk e-mail, junk e-mail or mail bombing), or of its network, or the sending of attractive messages that necessarily generate a substantial number of replies (teasing or trolling) and are therefore likely to disrupt the availability of said servers or network.
5.2.3 Any complaints about the performance of services or the sale of products over the Internet network shall be sent by Users directly to the content providers concerned.
5.2.4 Users should be aware of the nature and variety of content available over the Internet network and the fact that some content may be harmful for minors.

5.3 Users' responsibilities

5.3.1 Users are solely responsible for any direct or indirect damage, either material or immaterial, caused to third parties as a result of their own use of the Service.
5.3.2 Users are solely responsible for use of their Access Codes. Any use of the Service (data transmission, etc.) obtained by using a User's Access Codes shall be deemed to have been performed by the User, in the absence of evidence to the contrary.

Article 6. SECURITY

6.1 The level of encryption of the wireless channel may vary according to the functionality tiers introduced by Orange and the User's configuration profile. For some profiles, the wireless channel is not encrypted. In principle, communications established via the Service enjoy the same level of security as standard Internet communications.
To reinforce the level of security, Users may install security software on their own initiative, such as firewalls or VPNs (Virtual Private Networks). Orange France shall not be answerable for the operation of third-party security software.
Absolute protection against intrusions or eavesdropping cannot be guaranteed. Orange France disclaims all responsibility in relation to such events.

6.2 Users are expressly reminded that the Internet is not a secure network. In these circumstances, it is Users' responsibility to take all appropriate measures to protect their own data and/or software, in particular from contamination by viruses that may travel over the Internet network or third-party intrusion into the system on their device (laptop PC) for any purpose whatsoever, and to backup their laptop PC before and after setting up the Service.

6.3 Users also acknowledge that they have been fully informed of the lack of reliability of the Internet network, especially in terms of the absence of security in data transmission and the non-guarantee of volume and speed performances in data transmission.
Users acknowledge that they have been informed that there are no guarantees as to the integrity, authentication and confidentiality of the information, files and data of all types (credit card PIN, etc.) they may wish to exchange over the Internet network.
Therefore Users must not use the Internet network to transmit messages whose confidentiality requires a fail-proof guarantee.

Article 7. UNDERTAKINGS AND RESPONSIBILITIES OF ORANGE FRANCE

7.1 Orange France employ all the means at its disposal to provide access to the Service to which the User has subscribed.

7.2 Orange France shall not be responsible for the content accessible over the Internet network or the damage that may arise from its use, unless such damage was intentionally caused by Orange France.
Given the confidential nature of private correspondence and applicable legal provisions on the matter, Orange France exercises no control over the content or the characteristics of the data received or transmitted by Users over its network and/or over the Internet network. However, to ensure the proper management of its Internet access system, Orange France reserves the right to delete any message or bar any operation by Users likely to disrupt the proper operation of its network or the Internet network, or not abiding by the operating rules, legal provisions, ethical rules or the code of professional conduct.
At the request of the public and/or judiciary authorities, the rule of confidentiality may be dispensed with, within the limits of the law.

7.3 Orange France shall not be held responsible for the use made of any data and information Users may have released over the Internet network.
Orange France disclaims all responsibility with regard to the consequences of fraudulent, improper or excessive use of the Service by Users, such as in particular the voluntary or involuntary congestion of Orange's email servers or Users' email inboxes by unsolicited commercial email (spamming, bunk e-mail, junk e-mail or mail bombing), or of its network, or the sending of attractive messages that necessarily generate a substantial number of replies (teasing or trolling) and are therefore likely to disrupt the availability of said servers or network

7.4 The responsibility of Orange France shall not be incurred in the following legitimate cases :

In the event that Users use material not approved by Orange France,
In the event that a Wireless-LAN network card (IEEE 802.11b) is incompatible with, or fails to function with, Orange's Wi-Fi network (notably because the set-up of the laptop computer or Wireless-LAN network card differ from those implemented on the network).
In the event of incompatibility or of dysfunction with systems of transport or applications installation and/or exploited by thirds. The possibility of sending malls by using a software of transport since the network Orange wifi access depends on the supplier of transport chosen by the User, certain suppliers not authorizing the sending of mall since another network only theirs. It is up to the User to refer to information relating to the configuration of its software of transport near its Supplier of Access Internet, declining Orange France any responsibility for this head.
In the event of incorrect use of the Service by Users,
In the event of an incorrect installation and/or an incorrect configuration and/or a fault in Users' laptop computers or PDAs and/or the Wireless-LAN network card (IEEE 802.11b),
In the event of Users' non-compliance with their obligations,
in the event that the Internet does not provide access to an enterprise virtual private network,
in the event that the Service is used by an unauthorised person following the disclosure, loss or theft of the Access Codes associated with each Orange wifi access prepaid card, and not by the fault of Orange France,
in the event of service disruptions or outages,
in the event of total or partial disruptions and/or unavailability, and/or the outage of all or part of the services offered on the networks operated by third-party operators,
in the event of force majeure as defined by the jurisprudence of the Court of Cassation.

7.5 For the purposes of these Terms of Use, Orange France shall not be implicated in any disputes that may oppose Users to third parties.

Article 8. SUSPENSION / TERMINATION

Orange France reserves the right to suspend or terminate access to the Service, without Users being entitled to claim any compensation whatsoever, in the event of a breach of one of the provisions of these Terms of Use of the Orange wifi access service, and specifically in the event that :

Orange France is notified by Internet users that a User of the Service does not abide by the Internet code of professional conduct or uses the Internet in a way that prejudices the rights of third parties, or which is contrary to public decency or law and order;

Orange France is notified by parties with a legal claim to rights that the User reproduces and/or disseminates data protected by a property right;

Orange France notes instances of hacking or attempts to make illicit use of the information circulating on the network, and stemming from the User's account.

Article 9. NON-PERSONAL AND PERSONAL DATA

Orange France may record certain non-personal data, such as the type of browser used or the location from the User logged onto the Service. This information cannot under any circumstances be linked back to the User and is used exclusively to inform Orange France so that it can offer an efficient service at locations used to access the Service.
Orange France may also occasionally inform the owners and operators of web pages linked to the Service's pages of the number of Users who access these web pages from the Service's pages. This information cannot under any circumstances be linked back to the User.
It is possible that, within the framework of Service usage and during the term and for the purposes of the said Service, Orange France gathers data about the traffic generated by the User. Orange France may subsequently store, retain and process the data about the calls made and the User hereby signifies his/her acceptance of this procedure.
Moreover, should Orange France gather personal data, it shall take appropriate measures to ensure the protection and confidentiality of the data it holds or processes in compliance with the provisions of Act 78-17 of 6 January, 1978 on Data Processing, Data Files and Individual Liberties.
The individual right to access, rectify and delete information held by Orange France may be exercised in the conditions provided for under Deliberation 80-10 of 1 April 1980 of the Commission Nationale de l'Informatique et des Libertés.
Users may also cancel their consent at any time by contacting the hotline support service defined in Article 3 and provided as part of the Service.

Article 10. FORCE MAJEURE

Orange France shall not be responsible for the failure to perform, or the partial performance, of its obligations if the said failure to perform or partial performance results from an event independent of its wishes or over which it has no control, or in the event of force majeure as defined by the jurisprudence of the Court of Cassation.

Article 11. DISPUTES - COMPETENT JURISDICTION

In the event of a dispute arising from the performance of a contract signed under these Terms of Use, and failing an amicable settlement, the sole court of competent jurisdiction recognised and accepted by both parties shall be the Tribunal de Commerce de PARIS. This provision shall apply even in the event of an incidental demand or third-party complaint, or in the event of multiple defendants.
This provision shall not apply in the event of a dispute with a consumer for whom the legal rules of competence shall apply. Where the consumer is a trader, and failing an amicable settlement, the parties agree to submit their disagreement to the courts under the competence of the Cour d'Appel de Paris.
Only French law shall apply.

ORANGE FRANCE
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