1. Introduction

Welcome to Hospitality Services Plus Ltd’s website (the “Site”). Hospitality Services Plus Ltd and its wholly owned subsidiaries are companies in the Swisscom group (individually and collectively “Swisscom”, “Us” or “We”). Use of this site and Swisscom’s equipment and associated software (the “Service”) signifies your (the end user, “You” or “Your”) acceptance of these Terms of Use.

2. Privacy

Swisscom is committed to respecting Your privacy and the confidentiality of Your personal data. The Swisscom Privacy Policy is published at www.swisscom.com/hospitality and is incorporated by reference into these Terms of Use. It applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).

3. Service and Third Parties

We reserve the right to change, modify, suspend, limit or discontinue parts of our Service, including content licensed by third parties, without notice or liability.

The Swisscom Site may contain links to third party websites that are not owned and controlled by Swisscom. Swisscom has no control over, and assumes no responsibility for, and makes no representation of any kind whatsoever, regarding the content or appropriateness of content on such websites, privacy policies, and accuracy of the information and intellectual properties notices therein or practices of any third party website. Some of these links allow You to use services and products. We do not make any representation or warranties in connection with these services and products, nor does provision of access to those services and products create any liability for Swisscom. Accordingly, we encourage You to be aware when You leave the Swisscom Site and to read the terms and conditions and privacy policy of each other website that You visit.

4. Access to the Swisscom Site

You may access the Service by a user ID and password. You are responsible for (a) maintaining the confidentiality of the password; and (b) all activities that occur under Your user ID and password. You are liable for all direct losses, damage, costs and expenses suffered by Swisscom due to the loss, misuse and/or disclosure of Your user ID and password. You must notify Swisscom Customer Service (as indicated below) immediately of any breach of security or unauthorized use of or in case of a lost of your user ID and password. Please note, however, that we cannot give You a refund if You lose Your personal login data.

You must not do anything which may or does violate any applicable law or regulation or may or does directly or indirectly interfere or disrupt the Service or servers or networks connected to the Service.

Swisscom offers the Service for activities such as the active use of e-mail, instant messaging, browsing the World Wide Web and accessing corporate intranets. High volume data transfers, especially sustained high volume data transfers, are not permitted. While Swisscom makes every effort to provision more than enough bandwidth, it cannot guarantee a minimum speed of data transmission for its basic Service. The applicable bandwidth ceilings and floors for your use of the Service are detailed on your log-in page and incorporated into these Terms of Use.

Sharing and disclosing Your password and user ID to any third party, other individual or company is prohibited, unless explicitly permitted in writing by Swisscom. You may not access the Service using more than one device. Hosting a web server or any other server by the use of the Service is prohibited. You may not access someone else’s account, send unsolicited bulk e-mail, collect other people’s personal data without their knowledge and consent and You may not otherwise interfere with other users’ use of the Service. To prevent abuse of our network by the sending of unsolicited bulk e-mail we do actively monitor and control outbound email traffic. Mails which have been recognized as unsolicited bulk e-mail will be refused. We do not apply this to mails which are sent through a VPN or a connection encrypted with the SSL protocol (SMTP over SSL).

Swisscom may suspend the Service if Swisscom reasonably believes that (a) Your use of the Service is unreasonably excessive; and/or (b) You are using the Service for criminal and/or illegal activities (further detail are set forth in the fair use policy which is incorporated by reference into these Terms of Use).

You are not eligible for any compensation if You cannot use the Service because (a) there is a general power outage at the location You are attempting to access the Service from; (b) the location is undergoing maintenance; or (c) the Service has been suspended because of a failure outside of Swisscom’s reasonable control. If, however, the Service is not available for reasons other than (a) – (c) for any period of time during normal business hours due to any failure of Swisscom, please contact Customer Service for a possible refund or credit of time.

You may not resell this Service or any information provided by third parties in connection with the Service to a third party.

5. Customer Service

Customer Service is available at the chargeable number +41 628 396 990 or at hospitality.contact@swisscom.com. Toll free customer service is available at some locations at 00 800 38 767 768, but note that this number may not be toll-free when made from some mobile phones. Swisscom will use reasonable efforts to provide uninterrupted access to the Service. Swisscom will, if practical and possible, perform routine maintenance outside of normal business hours, and will, whenever possible, provide advance notice of maintenance or other suspension of service on www.swisscom.com/hospitality. However, We may modify or temporarily suspend the Service or any part of it without notice to You for emergency technical repair.

6. Intellectual Property Rights

All content and compilation of content included on Swisscom’s Site, including without limitation, the text, logos, button icons, images, audio clips, digital downloads, software, scripts, graphics, interactive features and the link (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Swisscom and are protected under international copyright laws.

7. Warranty Disclaimer

You agree that Your use of the Swisscom Site shall be at Your sole risk. To the fullest extent permitted by law, Swisscom disclaims all warranties, expressed or implied, in connection with the Site and Your use thereof. Swisscom makes no warranties or representations about the accuracy or completeness of this Site’s content (licensed or otherwise) or the content of any sites linked to this Site and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of our Site, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our Site, (e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Swisscom Site. Swisscom does not warrant, endorse, guarantee, or assume responsibility for an product or service advertised or offered by a third party through the Swisscom Site or any hyperlinked website, and Swisscom will not be a party to or in any way be responsible for monitoring and transaction between You and third party providers of products or services.

8. Limitation of Liability

In no event shall Swisscom be liable to You for any economic, indirect, incidental, special, punitive, or consequential damages, consequential losses, lost profits, business interruption, information or loss of data, security breach, loss of goodwill or other pecuniary loss whatsoever. To the maximum extent permitted by applicable law, Swisscom shall not be liable to you for any damages resulting from any (a) errors, mistakes, inaccuracies or incompleteness of content, (b) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of our Site, (c) any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our Site, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Site by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Your use of any content posted, emailed, transmitted, or otherwise made available via the Swisscom Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Swisscom is advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Swisscom’s total liability to You for all damages, losses, and causes of action (whether in contract, tort (including but not limited to, negligence) or claims is limited to the amount paid by You, if any, for using the Swisscom Service.

9. Indemnity

You agree to defend, indemnify and hold harmless Swisscom from and against any and all claims, damages and obligations arising in connection with Your use of the Service and the use of this Service by any other person permitted by You. Specifically, this includes losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) You or a person you authorize using the Service or accessing the Swisscom Site in such a way to cause damage (b) Your or a person you authorize violating of any term of these Terms of Use; (c) You or a person you authorize violating any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and Your use of the Swisscom Site.nbsp;

10. General Information

This Site is controlled and operated by Swisscom for use at specific locations. Those who choose to access the Site and/or the Service remotely from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

By accessing this Site, You and Swisscom agree that all matters relating to Your access to, or use of, this Site shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law.

The original English version these Terms of Use may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of these Terms of Use, the English version shall prevail.

Swisscom reserves the right to revise, amend or modify these Terms of Use at any time and without notice, and it is Your responsibility to review these Terms of Use for any changes.

Swisscom uses its best efforts to deliver enough bandwidth and is committed to providing You with seamless, high-quality Internet connection. Do not hesitate to contact Us if You need assistance.

These terms of use apply to the use of any Web site created and/or maintained by or for Attingo Services B.V. or any of its affiliates (hereafter Attingo).

Copyright

Copyright © 2008 Attingo Services B.V. All rights reserved. Permission is given to view, copy, print, and distribute material on this Web site subject to the following conditions:

• This material may be used only for internal, informational, non-commercial purposes.
• Any copy of the material or portion thereof must include this copyright notice.
• You may establish a hypertext link to the Attingo Web site from your World Wide Web site so long as the page containing the link properly attributes the linked site to Attingo and does not in any way imply Attingo’s sponsorship of your site. However, you may not, without obtaining Attingo’s written permission, republish, redistribute or otherwise make any copies, of the materials on the Attingo site, as a part of the link, including by framing or similar means, or otherwise.

No other use of the material within this web site or portion thereof is permitted without the express written consent of Attingo.

Content and Liability Disclaimer

Attingo uses reasonable efforts to include accurate, complete and current information on this site. However, Attingo does not warrant that the content herein is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. Attingo reserves the right to make changes and updates to any information contained within this site without prior notice.

Some restrictions apply to products and services. Some products and services are not available in all markets – check with your Attingo Service Representative.

Access to, and use of, this site and the content thereof is at the risk of the user. We have provided links to certain other World Wide Web sites solely for your convenience, and Attingo is not responsible for the content of any other sites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

ATTINGO MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NEITHER ATTINGO NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED WEB SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF UNLESS THESE DAMAGES HAVE BEEN CAUSED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF ATTINGO.

Trademarks

The Attingo product and service names are marks of Attingo Services B.V.. Other product and service names may be trademarks of their respective companies. The absence of an identification of third party marks or the lack an attribution of ownership of such marks on this Web site should not be construed as any claim of rights by Attingo.

Contributions

Any comments, suggestions or other information sent by a user to Attingo (Contributions) are provided without restriction or obligation on Attingo and will not be held in confidence. All Contributions shall be made in accordance with the principles set out in Attingo Acceptable Use Policy. User transfers to Attingo all intellectual property rights with regard to the Contributions.

Consent to Monitoring

Attingo is under no obligation to monitor the material residing on or transmitted to this server. However, anyone using this server agrees that Attingo may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests and these terms of use; (2) to operate the server properly or to protect itself and its users. Attingo reserves the right to modify, reject, or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.

ONLY authorised users may use Attingo systems and applications with access control. User processing activities will be monitored for administrative and security purposes. Anyone using these systems or applications expressly consents to such monitoring and to the use of any evidence of unauthorised access, use or modification for criminal prosecution.

Dispute Resolution

Any claims arising out of the use of the Attingo Web site shall be resolved by the courts of competent jurisdictions of Utrecht, The Netherlands. The internal laws of the Netherlands (other than the rules of private international law) shall apply.

We can be reached via e-mail at webmaster@attingo.nl for all questions related to these Terms of Use or any other Attingo website-related matters.

• To transmit any information or written, graphic or photographic material (“Material”) (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;

• To harm, or threaten to harm, minors in any way;

• To impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;

• To transmit any Material (by uploading, posting, email or otherwise) in breach of this Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• To transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any third party;

• To transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• To transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• To disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

• To interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

• To hack into the Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of Boingo or any third party;

• To intentionally or unintentionally violate any applicable law, regulation or statute including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

• To “stalk” or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent;

• To resell or advertise to resell the Services without Boingo’s authorization; or

• As a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

• Take any action to jeopardize, limit or interfere in any manner with Boingo’s or its licensors’ ownership of or rights with respect to the Boingo Software;

• Redistribute the Boingo Software to anyone else;

• Permit other individuals to use the Boingo Software;

• Modify, translate, reverse engineer, decompile, disassemble the Boingo Software. We do not want to stop you doing these things where the law says you can. Specifically, you may decompile the Boingo Software where necessary to create an interface or API to be used with the Boingo Software but only where you only obtain information which is required to do so and do not use that information for any other purpose (including disclosing any part of it to someone else);

• Copy the Boingo Software (except for your own back-up or archival purposes);

• Rent, lease, transfer, encumber, sublicense or otherwise transfer rights to the Boingo Software;

• Alter or remove any proprietary notices or labels from the Boingo Software, or add any proprietary notices to the Boingo Software;

• Create derivatives or adaptations of the Boingo Software; or

• Otherwise use the Boingo Software in a manner not permitted by this Agreement.

• Loss of profits;

• Loss of sales;

• Loss of revenue;

• Loss of any software or data;

• Loss of use of hardware, software or data;

• Wasted management or other staff time; and

• Indirect, consequential or special loss.

• Sending unsolicited electronic mail messages and “mail-bombing” (sending mass unsolicited e-mail messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient) using IP Service(s) are prohibited.

• Using another site’s mail server to relay mail without the express permission of the site;

• Using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin;

• Using IP addresses that the Customer does not have a right to use;

• Collecting the responses from unsolicited electronic messages;

• Maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;

• Spamming, or sending unsolicited commercial e-mail, sending unsolicited electronic messages with petitions for signatures, or any chain mail related materials, or requests for charitable donations;

• Sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the AT&T IP Services or the Internet (e.g., through language, frequency, size or otherwise);

• Sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;

• Using distribution lists containing addresses that include those who have opted out;

• Sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header.

• Forging headers or identifiers in order to disguise the origin of e-mail;

• Use of redirect links in unsolicited commercial e-mail to advertise a website or service;

• Posting a single message, or messages to online forums or newsgroups, that could reasonably be expected to provoke complaints;

• Posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information.

• Sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the AT&T network or of the networks with which AT&T interconnects

• Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties

• Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends

• Using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam;

• Intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;

• Hacking – attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;

• Impersonating others in order to obtain another user’s account password or other personal information.

• Using the IP Service(s) to deliver spyware, or secretly or deceptively obtain the personal information of third parties (phishing, etc.), or engage in modem hi-jacking;

• Using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;

• Distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);

• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; this would include use of sniffers or SNMP tools;

• Falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin;

• Knowingly uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

• Engaging in the transmission of pirated software;

• With respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the AT&T IP Service(s) or using your account for the purpose of operating a server of any type;

• Using manual or electronic means to avoid any use limitations placed on the Services;

• Gaining unauthorized access to private networks;

• Violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the IP Service(s).