Thanks for choosing Verizon. In this Customer Agreement (“Agreement”), you'll find important information about your Services, including:
• our ability to make changes to your Services or this Agreement,
• our liability if things don't work as planned and how any disputes between us must be resolved in arbitration or small claims court.
Please read this carefully. If you do not agree to these terms, do not use the Service and contact us immediately to terminate.
1. Our Agreement
2. Your Acceptance of this Agreement
You demonstrate you are accepting this Agreement when you: (a) place an online order, register, or install either Software or the Equipment (as defined in Your Services); or (b) use of the Services; or (c) keep the Software or Equipment beyond thirty (30) days after delivery. You acknowledge that you have the legal authority to enter into this Agreement on behalf of your organization, company, business or other entity for which the Services will be used. If you change Services, your term and monthly rate may change, but everything else about this Agreement will remain the same unless otherwise noted.
3. Your Services
Your services provided for under this Agreement are Verizon’s Business Office Services (“BOS”) which includes (a) Internet Services wired Broadband Internet Access Service (“Internet Services) sold and provided by MCI Metro, Inc.; (b) temporary 4G LTE wireless Internet access services (where applicable) and 4G LTE Back-Up Service both sold and provided by Cellco Partnership d/b/a Verizon Wireless; and (c) Software, iOS- and Android- supported mobile software applications, Equipment, Content, Additional Services as defined and described in Attachment A, technical support, domain name server ("DNS") and related services, Verizon Web Sites and other products and services provided by Verizon under the pricing plan applicable to your service (“Other Services” and collectively with Internet Services and the Backup 4G LTE, the “Services”). For purposes of this Agreement "Verizon Web Site(s)" are the BOS PORTAL and web sites located at verizon.net, verizon.com and Business Services Portal.com, which are comprised of various web pages, tools, information, software, content, and features operated by Verizon and its software vendors.
4. Ending or Changing Our Agreement
a. This Agreement will continue month-to-month until you or Verizon decide to end it as described here. Either you or Verizon may terminate this Agreement at any time and for any reason by giving Legal Notice to the other. Legal Notice means a written communication given by one party to the other that advises of a dispute under or termination of this Agreement, or that is otherwise required by this Agreement. Unless otherwise required by applicable law, termination will be effective on the last day of that month’s billing cycle, and you are responsible for all charges incurred through that date. Activation or set-up fees paid at the initiation of your Services, if any, are not refundable, except during any applicable Money Back Guarantee (“MBG”) period.
b. Termination and/or Suspension by Verizon. We reserve the right to change, modify or temporarily or permanently cease providing the Services or any part of the Services with or without prior notice if we elect to change the Services, in whole or part, or if you violate this Agreement. If your Services are reconnected, a reconnection fee may apply.
c. Deletion of Data upon Termination. YOU AGREE THAT IF YOUR SERVICES ARE TERMINATED FOR ANY REASON, VERIZON HAS THE RIGHT TO IMMEDIATELY DELETE ALL INFORMATION STORED IN OR FOR YOUR ACCOUNT WITHOUT FURTHER NOTICE.
d. Return of Equipment upon Termination. If your Services are terminated for any reason and you received Equipment from Verizon that you did not purchase, you will be charged if you do not return such Equipment within 30 days, as instructed by us. The Unreturned Equipment fee, which applies to failure to return or returning Equipment in a damaged condition (subject only to reasonable wear and tear) is $250 for an Optical Network Terminal (“ONT”) and $500 for an Internet Service Router.
5. Your Charges
You agree to pay the fees applicable to your Services on a monthly prepaid basis and, as applicable: (a) taxes, (b) surcharges, (c) recovery fees, (d) activation fees, (e) installation fees, (f) set-up fees, (g) Equipment charges, (h) other recurring and nonrecurring charges associated with the Services or Service plan you have selected. The taxes, fees and other charges detailed in (a)-(d) above may vary monthly. Surcharges and recovery fees are not taxes or required by law, but are set by Verizon and may change. You also agree to pay any additional charges or fees applied to your account, including interest and charges due to insufficient credit or insufficient funds.
a. Data Charges. You acknowledge and agree that you may also incur charges, from Verizon or a third party, for accessing online services or purchasing products and services through interactive options available through the Services. You are solely responsible for all such charges or fees payable to Verizon or third parties, including all applicable taxes, and you are solely responsible for protecting the security of credit card and other personal information provided to third parties in connection with such transactions.
b. Disputed Charges: You must dispute any charges within 30 days after receiving the bill by giving us written notice, including the date of the bill, the disputed amount, the reason for the dispute, and any supporting documentation. We will make a good faith effort to reconcile the dispute within 30 days of the date of your notice. If both Parties cannot reach an agreement in that time, either Party may invoke the "Dispute Resolution" process described below.
c. Limitation on Special Pricing Promotions. You may only take advantage of one special pricing promotion during any consecutive twelve (12)-month period. Eligibility for promotional offers may be contingent upon payment of all outstanding Verizon charges.
6. Billing and Payment
Applicable Non-recurring charges such as set-up, activation and installation fees, and certain Equipment charges, will be included in your first bill. Recurring charges will be billed one month in advance; any usage charges will be billed in arrears. Pre-paid pricing plans for additional services will be billed in advance. Based on your election and subject to our approval, Verizon will bill your charge card. You acknowledge and agree that all billing details will be paperless and you agree to view and pay your bill electronically each month and to provide Verizon with current, accurate and complete information including your legal name, address, telephone number(s), email address and applicable payment data such as your credit card information and number. You agree to notify Verizon immediately of any changes in your email address or other registration or payment data. Each month you will receive an email notifying you that your bill is available online. If your electronic payment is rejected for any reason, Verizon may charge a return item fee (where permissible). Billing for Services will automatically begin on the date provisioning of your Internet Services are complete ("Service Ready Date") which will be the Due Date established by Verizon (after the Equipment has been delivered and fiber to the premises is installed) if you are self-installing the Services. Billing for additional services will begin on your Service Ready Date if you are also ordering Additional Service(s). If you make a payment arrangement through a call center representative, we may charge you an Agent Assistance Fee of $7.00. You are authorizing us to treat your electronic signature as your consent to initiate electronic payment transactions from your credit/debit card or bank account on a monthly basis and to notify you electronically of the payment date and amount due. Your authorization via electronic signature has the same effect as a handwritten signature on a paper-formatted contract.
a. Late Fee and Consent Regarding Credit. If any portion of your bill is not paid by the Due Date, Verizon may charge you a late fee on unpaid balances and may also terminate or suspend your Services without notice. You agree to pay a late fee, including a minimum late payment charge of the lesser of five dollars or the maximum allowed by law. The fees that are applicable to your account are available for review in your Business Services PORTAL billing section. If Verizon uses a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys' fees. If you fail to pay on time and Verizon refers your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 18 percent. We may evaluate your credit history before modifying or providing you Services. In order to establish an account with us and/or obtain or modify Services, we may obtain a report from a credit reporting agency or exchange information with our affiliates in connection with determining your creditworthiness. If you fail to pay your bill, we may submit a negative credit report to a credit reporting agency, which will negatively affect your credit report.
b. Failure to Pay. We may discontinue your Services without notice if service charges on your charge card are refused for any reason, or if you fail to make payment when due or to provide us with a new charge card expiration date before the existing date expires.
c. Refundable Deposit. We may require that you provide us with a refundable deposit, which will be specified at the time of your order ("Subscriber Deposit"). We may also require an additional deposit after activation of the Services if you fail to pay any amounts when due. Within ninety (90) days after termination of your Services, we will return your Subscriber Deposit, less any unpaid amounts due on your account, including any amounts owed for unreturned or damaged Equipment. Amounts held on deposit will not accrue interest except as required by law.
If you choose to access the BUSINESS SERVICES PORTAL, Verizon Web Sites or Mobile Internet Services and Business Services software applications from locations outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the United States or the country in which you reside. Verizon makes no representation that materials on the Verizon Web Sites are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.
8. Warranties and Limitations
a. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES (INCLUDING ADVICE AND INFORMATION GIVEN TO YOU BY US) PROVIDED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR OTHER AUTHORIZED EQUIPMENT PROVIDED BY US (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR OTHER AUTHORIZED EQUIPMENT PROVIDED BY US). VERIZON (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "VERIZON PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE.
b. Limitation of Liability. YOU AND VERIZON BOTH AGREE TO LIMIT CLAIMS AGAINST EACH OTHER SOLELY TO DIRECT DAMAGES. THAT MEANS NEITHER OF US WILL CLAIM ANY DAMAGES THAT ARE INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, TREBLE OR PUNITIVE. FOR EXAMPLE, DISALLOWED DAMAGES INCLUDE THOSE ARISING OUT OF A SERVICE OR DEVICE FAILURE, UNAUTHORIZED ACCESS OR CHANGES TO YOUR ACCOUNT OR DEVICE, OR THE USE OF YOUR ACCOUNT OR DEVICE TO ACCESS OR MAKE CHANGES TO AN ACCOUNT WITH ANOTHER ENTITY, SUCH AS A FINANCIAL ENTITY, WITHOUT AUTHORIZATION. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY. IT ALSO APPLIES IF YOU BRING A CLAIM AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR THE CLAIM. YOU AGREE WE AREN'T RESPONSIBLE FOR PROBLEMS CAUSED BY YOU OR OTHERS, OR BY ANY ACT OF GOD. YOU ALSO AGREE WE AREN'T LIABLE FOR MISSED OR DELETED DATA OR INFORMATION (LIKE PICTURES) THAT GET LOST OR DELETED IF WE WORK ON YOUR SERVICES. IN THE EVENT WE ARE LIABLE TO YOU, VERIZON’S LIABILITY FOR ALL CATEGORIES OF DAMAGES WILL NOT EXCEED THE AMOUNT OF THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO VERIZON FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE.
9. Notices; Revisions to Terms of Service
a. Notices Regarding the Services. You understand and agree that from time to time we may send you information relating to the Services (including but not limited to password information), via electronic mail over the Internet to contact email address or by SMS or text message service to a mobile number provided by you. You consent to our distribution of such information to you electronically and you agree to check your email boxes periodically for account related information that we provide. If you wish to contact us, please send communications to: P.O. Box 4846 Trenton, NJ 08650-4846.
b. Revisions to Terms of Service. The current version of this Agreement will be available on www.xxxxxx.com/terms. From time to time we will make revisions to this Agreement and the policies relating to the Services including to the provisions that govern the way that you and Verizon resolve disputes. We will provide notice of such revisions by posting revisions to the Website Announcements page, sending an email to the email address that you provide to receive communications from us (your "Primary Email Address"). You agree to visit the Announcements page periodically and to check your email box to review any such revisions. You also agree to notify Verizon immediately of any changes in your Primary Email Address. We will provide you with at least thirty (30) days’ notice prior to the effective date of any increases to the monthly price of your Services; revisions to any other terms and conditions will be effective on the date noted in the posting and/or email we send you. Unless we provide otherwise, you accept the revisions and agree to abide by them by continuing to use the Services after the revisions are effective.
10. Compliance with Laws
You agree not to use, or permit others to use, the Services in ways that (i) violate any law or applicable regulation, this Agreement or our AUP or our other policies, (ii) infringe the rights of others, or (iii) interfere with the users, services, or equipment and software of our network or other networks. By way of example and not limitation, you agree not to distribute unsolicited advertising, chain letters or other unsolicited bulk electronic mail (i.e., spam); propagate computer worms, destructive programs or denial of service attacks or viruses; use a false identity; attempt to gain unauthorized entry to other computers, data or any site or network; distribute or store child pornography; distribute obscene or defamatory material over the Internet; or infringe copyrights, trademarks or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Service. We reserve the right to suspend or terminate the Service (or any portion thereof) with or without notice if your use of the Service, in our sole judgment, violates this Agreement or our AUP, or otherwise adversely affects or threatens any Verizon network or service, customer or employee, or, if you are determined to be a repeat infringer under our repeat infringement policy set forth in our AUP.
11. Dispute Resolution
We both agree to arbitrate any dispute that arises under or relates to this Agreement. If there is a dispute, the parties agree to meet within 30 days of the date when one of us gives written notice informing the other of such a dispute. If a court rules that this arbitration requirement is unenforceable, or if a court proceeding is allowed instead of arbitration, the parties agree to waive a jury trial. The Parties agree that (a) the Federal Arbitration Act, 9 USC §§1-16, as amended, will govern this provision; (b) any arbitration will be held before an independent arbitrator, governed and administered by the American Arbitration Association; (c) the arbitrator will issue a written opinion giving the reasons for any award; (d) the award will be binding on both Parties with no right of appeal; and (e) no arbitration can be on a class basis or be joined or consolidated with another arbitration. If the prohibition in subsection (e) is found to be unenforceable, then neither of us will be required to arbitrate. The arbitration requirements of this section will not apply if either party faces an unauthorized disclosure of Confidential Information or an infringement of intellectual property, in which case either Party may seek preliminary and final injunctive relief.
You agree not use any trademark, trade name, trade dress or any name, picture or logo which is commonly identified with Verizon or its affiliates, or from which any association with Verizon or its affiliates may be inferred or implied, in any manner without the prior written permission of Verizon.
If we don't enforce our rights under this Agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. You cannot assign this Agreement or any of your rights or duties under it without our permission. However, we may assign this Agreement or any debt you owe us without notifying you.
If any part of this Agreement, including anything regarding the arbitration process (except for the prohibition on class arbitrations as explained in the dispute resolution section above), is ruled invalid, that part may be removed from this Agreement.
This Agreement and the documents it incorporates form the entire agreement between us regarding its subject matter. You can't rely on any other documents, or on what's said by any Sales or Customer Service Representatives, and you have no other rights regarding Services or this Agreement. This Agreement isn't for the benefit of any third party except our parent companies, affiliates, subsidiaries, agents, software and hardware vendors, and predecessors and successors in interest. Except where we've agreed otherwise elsewhere in this Agreement, this Agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your 4GLTE wireless connection number when you accepted this Agreement, without regard to the conflicts of laws and rules of that state.
DESCRIPTION OF SERVICES
INTERENT SERVICE WITH 4G LTE BACKUP AND INTERNET ACCESS
1. ACCOUNT USE, AND RESPONSIBILITIES.
a. Use of your Services and Account and Compliance with Applicable Authority. You are responsible for all use of internet access Services and accounts, whether by you or someone using your business’ account with or without your permission, including all secondary or sub-accounts associated with your primary account, and to pay for all activity associated with your account. You agree to comply with all applicable laws, regulations and rules regarding your use of the Services and to only use the Services within the United States (unless otherwise permitted by this Agreement).
b. Restrictions on Use. The Services are a small/medium business grade service. Except as otherwise set forth in this Agreement, you may not resell, re-provision or rent the Services, (either for a fee or without charge) use it for high volume purposes, or engage in similar activities that constitute such use. You may connect multiple computers/devices within a single business location to your router to access the Service through a one or more Verizon-issued IP addresses, and if available through the Services, you may permit guests to access the Internet through your Services’ Wi-Fi capabilities not to exceed a maximum number of 50 users at any one time. You also may not exceed the bandwidth usage limitations that Verizon may establish from time to time for the Service, or use the Services to host any type of server or server configuration that negatively impacts the Services. Violation of this Section may result in bandwidth restrictions on your Services or suspension or termination of your Services.
2. AVAILABILITY OF AND CHANGES TO SERVICES.
a. Services and Bandwidth Availability and Speed. The Services you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Services even if initial testing showed that your location was qualified. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Services and the type of use (e.g. streaming media), among other factors. The speed of the Services may vary based on network or Internet congestion, your computer configuration, your use of video services, among other factors. The bandwidth available for the Services may be reduced temporarily (a) during times of significant network utilization in a particular area, (b) due to other unusual events such as network outage or failure, or (c) if you are, or someone in your business’ location is simultaneously using the services and running multiple applications. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Services to perform maintenance activities and to maintain session control.
b. Inside Wiring. Your Service includes at no extra charge the installation of two jacks and Ethernet wiring from the ONT to the jacks to support the service. You understand and agree that installation of the Service, the jacks and the Ethernet wiring is dependent on you securing all rights for Verizon to install, construct or use space in the building risers, innerduct, or conduit from the property line to Your premises and to operate and maintain its equipment within the private property at the location, including your cooperation and obtaining all necessary approvals from the property owner or lessor. Verizon is responsible for obtaining all necessary permits, easements and rights of way for those portions of facilities located on public property. You agree as a condition of the installation that you or a responsible adult will be present at time of install and that you will provide (a) HVAC, power, and grounding for Verizon’s equipment; and (b) access to the location and valid permissions 24 hours a day, 7 days a week, 365 days a year, so that Verizon may perform installation, operation, maintenance, replacement and repair functions, all in accordance with the reasonable rules and regulations of You and/or the location owner. Verizon is not obligated to restore the premises if we undertake any construction or alteration to your location to facilitate the Service. Upon installation, ownership of the jacks and Ethernet wiring that Verizon installs to support the service is transferred to you and you are responsible for all maintenance repair and the wiring is not considered equipment subject to paragraph 4.d (re return of Equipment).
c. Changes to Services or Features. Verizon reserves the right to change at any time the features, content, equipment authorized by Verizon for use in connection with the Services, or applications of the Services with or without notice to you. This includes the BUSINESS SERVICES PORTAL and iOS-, Android-, or other third party-or Verizon supported software applications we may make available as part of the Services or for an additional charge.
d. Service Compatibility. The INTERNET SERVICE may not be compatible with all third party peripheral services, such as security and alarm systems which may require specific settings and configurations to function properly. The service does not support use of network extenders.
e. Money Back Guarantee. If we provide a money back guarantee ("MBG") for your Services, it will begin on your Service Ready Date. During this MBG period you may cancel your Services and receive a full refund of all monthly, one-time and Equipment charges paid to Verizon (provided you return all Equipment in good working condition). The MBG does not apply to customers who change between or renew monthly term or other pricing plans. The MBG is limited to one per subscriber per Service type per Services address
3. SOFTWARE LICENSES, THIRD PARTY SERVICES, VERIZON WEB SITES.
a. Software for use with Services. We may provide you, for a fee or at no charge, software for use in connection with the Services which is owned by Verizon or its third party licensors, providers and suppliers ("Software"). In some cases, the Software may enable Verizon to deliver messages to you. We reserve the right periodically to update, upgrade, change, or add new Software remotely or otherwise and to make related changes to the settings and software on your computers or Equipment, or any equipment authorized by Verizon for use in connection with the Services, and you agree to permit such changes and access to your computer, Equipment, and any such equipment authorized by Verizon for use in connection with the Services. You may use the Software only in connection with the Service and for no other purpose.
b. End User License Agreement. Certain Software may be accompanied by an end user license agreement ("EULA") from Verizon or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA. If you subscribe to or otherwise use any third party services offered by Verizon, your use of such services is subject to the EULA of that third party provider. Violation of those terms may, in our sole discretion, result in the termination of your Services.
c. Software Not Accompanied by EULA. For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by Verizon or its applicable third party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of Verizon or its third party licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Verizon or its third party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Verizon or its third party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
d. Time Period for Use of Software or Additional Services. Your license to use the Software or any additional services will remain in effect until terminated by Verizon or its third party licensors, or until your Services are terminated. Upon termination of your Services, you must cease all use of and immediately delete the Software from your computer or other device.
e. Ownership of Intellectual Property Rights. All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Verizon Web Sites (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and content), are owned by Verizon, its affiliates or licensors. All title and intellectual property rights in and to the information and Content which may be accessed through use of the Verizon Web Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant any rights to the Verizon Web Sites, other than the right to use the Verizon Web Sites according to the terms of the Agreement.
4. MANAGEMENT OF YOUR DATA, COMPUTER AND OTHER DEVICES.
a. Your Responsibilities Regarding Management of Your Computer, Other Devices and Data. Except as set forth in the terms and conditions of any applicable warranty provided with the Equipment, you are responsible for management of your information, including but not limited to back-up and restoration of your data and for configuration of your internal network and devices related to use of any static IP addresses supplied for your use with the Services. YOU AGREE THAT VERIZON IS NOT RESPONSIBLE FOR THE LOSS OF YOUR OR ANY THIRD PARTY DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR OR ANY THIRD PARTY DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR, OR YOUR PERMITTED GUESTS’ DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION.
b. Content and Data Management by Verizon. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our networks and to distribute such content to multiple Verizon servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any Verizon server. We do not guarantee the protection of your content or data located on our servers or transmitted across our networks (or other networks) against loss, alteration or improper access.
c. Usage Data. The software supporting the Services may communicate certain non-personally identifiable usage information to Verizon and/or third party licensors to help Verizon and its licensors compile aggregate statistical usage data for the Services including but not limited to data regarding the number of installations, unique users and searches performed. Such aggregated statistical information will not include any information that individually identifies users. The Business Services Portal or the Internet Services Web Page will collect the user’s IP Address to determine customer location in order to display accurate webpage information.. While an IP address is stored for backup purposes, neither Verizon nor its licensors use this information for any purpose other than geographic localization. The software does not collect any information that individually identifies users.
d. Your Responsibilities Regarding Security. You agree that you are solely responsible for maintaining the security of your and any permitted guests’ computer(s), device(s) and data, including without limitation, encryption of data and protection of your User ID, password and personal and other data. The Service may allow you the option to authorize and provide third parties access to the Internet using your Verizon-issued device. If you believe your login credentials have been lost or stolen, or that someone has gained access to your account or login credentials without your permission, call us immediately at 1-800-837-4966. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI- SPYWARE AND FIREWALL SOFTWARE. Use of the Verizon networks for the distribution, operation, and maintenance of malicious software (viruses, bots, worms, Trojan horses, etc.) is prohibited. Communications to malicious domain names (e.g., domain names used by networks of machines running malicious software) and to malicious Internet protocol addresses (e.g., IP addresses used by networks of machines running malicious software) may be redirected by Verizon to our network security systems at any time without notice as a countermeasure against the operation of malicious software such as “botnets” in the Verizon networks. Verizon’s security systems may retain certain information such as the date and time of the malicious communication, the IP address it originated from, the domain name involved, and other technical information for cybersecurity purposes. Our security systems are configured to not retain end user information contained in the payload of the application layer, if any, that is delivered or uploaded by the compromised machines. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE.
e. Protection of Other People’s Information. You acknowledge and agree that the Services are implemented without specific controls that may generally be required or customary for customers in any particular industry and are not designed to satisfy any specific legal obligations. You are solely responsible for determining that the Service satisfies any legal, regulatory or contractual obligations you may have. You agree to use the Services in accordance with all applicable laws and not to use the Services in any manner that may impose legal, regulatory or contractual obligations on Verizon other than those with which We have expressly agreed to comply in this Agreement. Without limiting the generality of the foregoing, You agree not to cause, or otherwise request that Verizon create, receive, maintain or transmit protected health information (as defined at 45 C.F.R. § 160.103) for You or on Your behalf in connection with the Services or in any manner that would make Verizon a business associate (as defined at 45 C.F.R. § 160.103) to You.
f. Monitoring the Performance of our Networks by Verizon. Verizon automatically measures and monitors performance of our networks and the performance of your Internet connection. We also will access and record information about your computer and Equipment's profile and settings and the installation of software we provide. You agree to permit us to access your computers and Equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Services. You also consent to Verizon's monitoring of your Internet connections and performance of our networks, and to our accessing and adjusting your computer and Equipment settings, as they relate to the Services, Software, or other services, which we may offer from time to time. We do not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of Verizon or its authorized vendors, contractors and agents. Verizon reserves the right to modify the password(s) for the router(s) used with the Services in order to safeguard Internet security, the security and privacy of Subscriber information, where required by law, and/or for other good cause to provide, upgrade and maintain the Service, protect the networks, other users of the Internet, or our Subscribers. Should Verizon change such password(s), we will use reasonable means to notify the Subscribers affected, which may include email to a Primary Email Address on file and/or through notice on the Website.
5. LIMITATIONS ON USE OF THE SERVICES.
a. You acknowledge and agree that Verizon (a) is not responsible for invalid destinations, transmission errors, or the corruption of your data; and (b) does not guarantee your ability to access all websites, servers or other facilities or that the Services are secure or will meet your needs.
b. You acknowledge that the Services will allow access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that Verizon is not responsible for access by you or any other users to objectionable or offensive content. VERIZON STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.
c. You understand and agree that if you type a nonexistent or unavailable Uniform Resource Locator (“URL”), or enter a search term into your browser address bar, Verizon may present you with a Verizon Error Assist web search page containing suggested links based upon the query you entered in lieu of your receiving an NXDOMAIN or similar error message. Verizon's provision of the Error Assist page may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based search results pages. If you would prefer not to receive Error Assist pages from Verizon, you should follow the opt-out instructions that are available by clicking on the "About" link on any Error Assist page
d. You are not authorized to use any Verizon name or mark as a hypertext link to any Verizon Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Verizon Licensing Company.
e. You agree that Verizon assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, Business Services Web Sites or in any other public services or social networks, and that Verizon does not endorse any advice or opinion contained therein, whether or not Verizon provides such service(s). Verizon does not monitor or control such services, although we reserve the right to do so.
f. You represent that when you, or your permitted users and guests’ transmit, upload, download, post or submit any content, images or data using the Services you or your users and your permitted guests have the legal right to do so and that your or your users or your permitted guests’ use of such content, images or data does not violate the copyright or trademark laws or any other third party rights.
g. Websites linked to or from the Services are not reviewed, controlled, or examined by Verizon and you acknowledge and agree that Verizon is not responsible for any losses you incur or claims you may have against the owner of third party websites. The inclusion of any linked websites or content from the Services, including websites or content advertised on the Services, does not imply endorsement of them by Verizon.
i. Export Controls. The Services are limited to use in the continental United States only. The United States and other countries may regulate the export, import and use of certain hardware, software and technology provided under this Agreement. You agree to comply with all applicable export, import and sanctions laws, including but not limited to the U.S. export control laws, including the Export Administration Regulations and U.S. economic sanctions laws and regulations administered by the U.S. Department of the Treasury Office of Foreign Assets Control.
6. LTE BACK-UP SERVICE
a. Your Services include a TEMPORARY BACKUP mode that will enable you to use your router with limited functionality (such as limited web surfing or email access) prior to initial INTERNET service provisioning as well as in the event of a non-power related INTERNET service outage. The 4G LTE service supporting the Startup and Failover modes is provided by Cellco Partnership d/b/a Verizon Wireless. The TEMPORARY BACKUP modes do not support Static IP Addresses, IP Blocks, Symmetrical Speeds, or certain video and other services. You may not use the TEMPORARY BACKUP mode as your primary internet access service. Speeds while operating in Startup and Failover modes will vary depending on network traffic, your devices (such as laptop computers), and other factors outside of Verizon Wireless’ control. The balance of this Section 6 supplements the terms of your underlying agreement (the “Wireless Agreement”) for wireless services between you and Verizon Wireless https://www.verizonwireless.com/legal/notices/customer-agreement/. If there are any inconsistencies between this Section 6 and the Agreement, this Section shall control with respect to TEMPORARY BACKUP Service. Any capitalized but undefined terms used in this Section 6 shall have the meanings given such terms in the Wireless Agreement.
b. Data Optimization. Verizon Wireless is implementing optimization and transcoding technologies in our wireless network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While we invest much effort to avoid changing text, image and video files in the compression process, and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please visit verizonwireless.com/ vzwoptimization.
c. Data Services; Permitted Uses. You can use Verizon Wireless’ data services for accessing the Internet and for such things as: (i) Internet browsing; (ii) email; (iii) intranet access (including accessing corporate intranets, email and individual productivity applications made available by your company); (iv) uploading, downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP).
d. Data Services; Prohibited Uses. You may not use Verizon Wireless’ data services for illegal purposes or purposes that infringe upon others’ intellectual property rights, or in a manner that interferes with other users’ service; that violates trade and economic sanctions and prohibitions as promulgated by the departments of Commerce, Treasury or any other US government agency; that interferes with the wireless network’s ability to fairly allocate capacity among users or that otherwise degrades service quality for other users. Examples of prohibited usage include: (i) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable “bots” or similar routines (as set forth in more detail in (ii) below) or otherwise degrade network capacity or functionality; (ii) “auto-responders,” “cancel-bots,” or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or email use by others; (iii) generating “spam” or unsolicited commercial or bulk email (or activities that facilitate the dissemination of such email); (iv) any activity that adversely affects the ability of other users or systems to use either Verizon Wireless’ services or the Internet-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks; (v) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Verizon Wireless’ or another entity’s network or systems; or (vi) running software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions, unless they adhere to Verizon Wireless’ requirements for such usage, which may be changed from time to time. We further reserve the right to take measures to protect our wireless network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and Verizon Wireless reserves the right to deny, modify or terminate service, with or without notice, to anyone Verizon Wireless believes is using data plans or add-ons in a manner that adversely impacts Verizon Wireless’s network. Verizon Wireless may monitor your compliance, or others’ compliance, with these terms and conditions, but Verizon Wireless will not monitor the content of your communications except as otherwise expressly permitted or required by law. (See verizonwireless.com/privacy.)