HIBERNIAATLANTIC'S ACCEPTABLE USE POLICY

Hibernia Atlantic Cable System Limited provides access to this website subject to the user’s acceptance of this policy.  By accessing, browsing, framing, using and/or linking to this website or using Hibernia Atlantic’s network, the user automatically agrees to be bound by the following terms and conditions.

This policy may be updated by Hibernia Atlantic from time to time without prior notice.   Accordingly, users should consult this document regularly to ensure that their activities conform to the most current policy. 

Should you have any questions regarding this policy, please contact Hibernia Atlantic at policy@hiberniaatlantic.com. 

General Unacceptable or Illegal Use

This website may be used only for lawful purposes. Transmission, distribution, publication or storage of any material in violation of any applicable law or regulation is prohibited. This prohibition includes, but is not limited to, material covered by copyright, trademark, trade secret or other intellectual property right or material that is obscene, libellous, defamatory, fraudulent, constitutes child pornography, an illegal threat or abuse or violates export control laws.

Furthermore, this website shall not be used in a manner that violates the rules, regulations and policies of any network, server, website, database or service provider.  Users of this website shall also not use these facilities to encourage conduct that would constitute a criminal offence or give rise to civil liability.

Copyright Infringement

Hibernia Atlantic respects the intellectual property rights of others and requires those that visit its website to do the same.   Hibernia Atlantic may, in appropriate circumstances, and in its solediscretion, remove or disable access to material on this website that infringes upon the copyrights of others.   Hibernia Atlantic also may, in its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. 

If a user believes that work has been used on this website in any manner that constitutes copyright infringement, please notify Hibernia Atlantic’s copyright agent by written notice.    The notice should include the following information:

• an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• a description of the copyrighted work that is claimed to be infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
• identification of the location on this website of the material that is claimed to have been infringed, or the link or reference to another website that contains the material that is claimed to be infringed;
• the name, address, telephone number and email address of the user filing the claim;
• a statement by the party filing the claim that he or she believes, in good faith, that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
• a statement by the party filing the claim, under penalty of perjury, that the information in the notification is accurate and that the filer is the copyright owner of the material allegedly infringed or authorized to act on such owner’s behalf. 

The foregoing notification, which is made without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c), to Hibernia Atlantic, should be addressed as follows:

System or Network Security

Violations of system security are prohibited and may result in criminal and civil liability. Violations of system security include, but are not limited to, the following:

• attempts to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or services which the user is not expressly permitted or authorized to access;
• attempts to scan, probe or test the Hibernia Atlantic system with the intent to evaluate, detect holes or otherwise breach security;
•  tampering with or committing intrusion into any part of the Hibernia Atlantic system, or using any of its hosts, or system to intrude into or disrupt or impair the performance of any other system;
• intentionally or negligently injecting bad routing information, incorrect DNS information or similar false data into the Internet;
• using the system in a manner that encumbers disk space, processors or other system resources beyond that allowed by the specific type of account or making deliberate attempts to interfere with a service, overload a service or attempting to disable a host;
• transmitting computer viruses, trojan horses, cancelbots or other destructive programming code with intent to interfere with the operation, function or use of any service or system;
• other unauthorized use including, but not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, mailbombing, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.);
• tampering or attempting to tamper with any scripts presented on web pages or configure a web page to act maliciously against users that visit that web page;
• forging any TCP/IP packet header or any part of the header information;
• unauthorized eavesdropping or data monitoring or filtering.

Links

Users may not create links to this website without Hibernia Atlantic’s express prior written consent.   Further, users may not use metatags, hidden text or similar concepts or formats which incorporate or refer to www.hiberniaatlantic.com or which use the Hibernia Atlantic name without  express written permission. 

Enforcement

Violations of this policy may result in cancellation, suspension or termination of a user's access to this website or such other action that Hibernia Atlantic may, in its sole discretion, deem necessary. Hibernia Atlantic reserves the right to pursue all remedies for violations of this policy by users of this website to the fullest extent permitted by law. In the event of suspected, alleged, or actual illegal activity, Hibernia Atlantic may, in its sole discretion, notify or cooperate with applicable law enforcement authorities for potential civil or criminal investigation or prosecution.

Hibernia Atlantic’s Obligations and Limitations of Liability

Hibernia Atlantic expressly disclaims any responsibility for the accuracy or quality of information provided by third parties that may be obtained through the use of this website. Notwithstanding, Hibernia Atlantic reserves the right to remove any material that violates this policy, could be potentially illegal or cause Hibernia Atlantic to incur liability.

HIBERNIA ATLANTIC DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OR EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN HIBERNIA ATLANTIC AND THE USER. HIBERNIA ATLANTIC MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING ITS WEBSITE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF SATISFACTORY QUALITY AND ANY OTHER WARRANTY IMPLIED BY LAW SAVE TO THE EXTENT SUCH WARRANTIES CANNOT BE EXCLUDED BY APPLICABLE LAW.

NOTHING IN THESE TERMS AND CONDITIONS SHALL OPERATE TO RESTRICT OR EXCLUDE HIBERNIA ATLANTIC’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR ANYTHING ELSE FOR WHICH HIBERNIA ATLANTIC CANNOT AT LAW LIMIT OR EXCLUDE ITS LIABILITY FOR.

Third Party Access

Users of this website are responsible for violations of this policy by third parties having indirect access this website through such user or attributable to such user’s act or omission. Any such violations by a third party shall be deemed to be a violation by such user, whether or not done with the knowledge or consent of the user or other third party.   Each user shall have the sole responsibility to cease such violations and shall be solely liable for any loss, damage or expense arising from the third party violation of this policy, including but not limited to, third party infringement of intellectual property rights such as the unauthorized or disputed use of domain names, trademarks or copyright protected works.

Indemnification

Each user agrees to defend and hold harmless Hibernia Atlantic, its officers, directors, employees, agents, licensors, suppliers and its affiliates from and against any and all losses, claims, damage and expenses, including attorneys' fees, arising out of its use of this website. Users also agrees to defend and hold harmless Hibernia Atlantic, its officers, directors, employees, agents, licensors, suppliers and its affiliates from and against any and all losses, claims, damage and expenses, including attorneys' fees, arising out of any indirect access to this website resulting from an act or omission by the user.
 
Complaints

Complaints regarding prohibited use or other abuse of this website, including violations of this policy, should be sent via e-mail to abuse@hiberniaatlantic.com.  Please include all applicable information that will assist Hibernia Atlantic in investigating the complaint, including all applicable headerlines of forwarded messages.

Online Privacy Policy

Hibernia Atlantic is fully committed to respecting and protecting the privacy of its website users.   Any person accessing, browsing or otherwise using this website shall be deemed to have read and accepted this privacy policy and the terms and conditions of its use included elsewhere on this website.

Information Collected by Hibernia Atlantic

Anonymous Browsing Information

Users can browse this website without revealing personal information.  In this context, however, Hibernia Atlantic’s servers may collect your Internet Protocol (“IP”) address, your computers operating system, the name of the domain you used to access the Internet, the website you came from and the website you visit next through web server logging.

Personal Information

Hibernia Atlantic may collect some personally identifiable information about a user when the user visits this website, such as the user's name, address, telephone number, and e-mail address.   Hibernia Atlantic may also collect information concerning products and services that interest a user.  Hibernia Atlantic may also collect the name, address, e-mail address, telephone number, fax number, employment related information and resumes from users that apply for a job with Hibernia Atlantic.

How Hibernia Atlantic Uses the Information

Hibernia Atlantic currently uses the information collected from its users solely to respond to user questions and/or comments and to inform users of new products and offerings.  Hibernia Atlantic also uses information submitted by a user to process a user’s job application.    Information gained on anonymous browsers, including the user's IP address, may be used to gather broad demographic information used in marketing, site advertising, and similar activities.   This information may be aggregated to measure the number of visits, average time spent, page views and other statistics about users of this website.  Hibernia Atlantic may also use this data to monitor the performance of this website and to make this website more convenient to use.   

 
Sharing of  Information

Except as stated below, Hibernia Atlantic does not currently share, disclose or sell personally identifiable information collected online with other companies or organizations.  Hibernia Atlantic may share personally identifiable information with agents (for example, ejobs recruiters who provide recruiting services exclusively to Hibernian Atlantic) who have agreed to use the information only in a manner consistent with this privacy statement.  In addition, Hibernia Atlantic may disclose personally identifiable information in response to legal process or when it believes in good faith that the law requires it, for example, in response to a court order, subpoena or a law enforcement agency's request, and to protect the rights, property or safety of Hibernia Atlantic or others.

Transfer of Information Abroad

Information supplied by a user to Hibernia Atlantic whether submitted by the user via this or other websites will only be transferred abroad by Hibernia Atlantic or its affiliates and agents for the purpose of performing any contractual obligations owed by it to the user.

Cookie Policy

Hibernia Atlantic uses cookies on its website so that it can track how its users navigate through its website in order that Hibernia Atlantic can evaluate and improve its website by understanding its users requirements and interests better. Hibernia Atlantic also uses cookies to compile statistical data on the use of its website but the information collected is used on an anonymous, aggregated basis and a user cannot be identified from this.

A cookie is a small data file which contains information about a user that may be sent to a user’s computer hard drive.   The cookies do not retrieve information about a user which is stored upon his or her hard drive nor do they corrupt or damage a user’s computer or computer files.    A user is not obliged to accept a cookie that Hibernia Atlantic sends but most browsers are set up to receive cookies automatically.  A user can in fact modify the functions on his or her browser so that it will not accept cookies.

Updating and Removing User Details

A user may review or update the available information that is received from him or her online through the contact information below.  In order to safeguard a user’s information, Hibernia Atlantic will take steps to verify the user’s identity before granting access.

A user may request that his or her information be removed from Hibernia Atlantic’s information databases at any time by requesting such removal through the contact information below.

• Hibernia Atlantic will always let a user have a copy of all personal information it has about the user should the user so request. There will be an administration fee of  €5 for such a request to cover the costs that Hibernia Atlantic incurs in providing the user  with such data.
  

Children’s Privacy Protection

This website is not directed towards children and Hibernia Atlantic does not knowingly collect any information from children.

Security

This website has security measures in place to protect against the loss, misuse and alteration of information under the control of Hibernia Atlantic.  Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.  As a result, while Hibernia Atlantic strives to protect the personal information of users, it cannot ensure or warrant the security of any information that a user sends to it, and each user therefore does so at its own risk. Once Hibernia Atlantic receives a transmission, all reasonable efforts are made to ensure its security on its systems.     

Sale or Acquisition of Assets

In the event that another company acquires Hibernia Atlantic or any of its assets, Hibernia Atlantic reserves the right to include information concerning its website users among the assets transferred to the acquiring company.

Amendments to Privacy Policy

Hibernia Atlantic reserves the right to change this policy periodically.  Use of information that Hibernia Atlantic gathers is subject to the policy in effect at the time the information is used.  Any amendments made to this policy will be considered effective immediately after the amendments are posted on this website.   Therefore, Hibernia Atlantic encourages all users to visit this area frequently to stay informed.

How to Contact Hibernia Atlantic

Any questions concerning this privacy statement can be e-mailed to Hibernia Atlantic at policy@hiberniaatlantic.com.