PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
1. This Web Site Use Agreement ("Agreement") is entered into by you and Verizon Online LLC( "Verizon") The Verizon web sites located at business.verizon.net and http://start.verizon.net are comprised of various web pages, tools, information, software, content, and features (collectively, "Verizon Web Site(s)") operated by Verizon.
14025 Riveredge DriveTampa, FL 33637
Attention: Web Site Use Agreement.
If you do not agree to the terms of this Agreement, you must immediately stop your use of the Verizon Web Sites.
2. SCOPE OF VERIZON WEB SITES
Verizon makes the Verizon Web Sites available to users at no charge. The features of the Verizon Web Sites may include but are not limited to, access to email services (through Verizon or other email providers),domain name server (DNS) and related services, search capabilities, account management tools, connections to certain content (news, weather, stocks and sports, for example), an MP3 player, certain diagnostic tools for troubleshooting and certain games. The Verizon Web Sites are intended solely for your private and personal use on your computer. Any other use or any attempt to use the Verizon Web Sites for commercial or other purposes is strictly prohibited.
3. NO WARRANTY
VERIZON (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS (COLLECTIVELY “LICENSORS”)) PROVIDE THE VERIZON WEB SITES ON AN "AS IS," AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AUTHENTICITY, COMPLETENESS, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF THE VERIZON WEB SITES ARE WITH YOU. VERIZON AND LICENSORS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED HEREBY. IN ADDITION, VERIZON AND LICENSORS DO NOT WARRANT THE SECURITY OF THE VERIZON WEB SITES OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. VERIZON IN ITS DISCRETION MAY PROVIDE SUPPORT FOR THE VERIZON WEB SITES.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL VERIZON OR LICENSORS BE LIABLE TO ANY PARTY FOR (I) ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE VERIZON WEB SITES, PROVISION OF OR FAILURE TO PROVIDE THE VERIZON WEB SITES, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE VERIZON WEB SITES OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE VERIZON WEB SITES, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE VERIZON WEB SITES, EVEN IF VERIZON OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE VERIZON WEB SITES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, VERIZON'S AND LICENSORS’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5. RIGHT TO CHANGE, MODIFY OR TERMINATE VERIZON WEB SITES
Without prejudice to any other rights that Verizon may have, Verizon reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Verizon Web Sites or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event you or Verizon terminate this Agreement, you must immediately stop using the Verizon Web Sites.
6. CHANGES TO AGREEMENT
Verizon reserves the right, from time to time, to amend or change this Agreement (including any of the policies which may be applicable to your use of the Verizon Web Sites) by posting such revisions to the Verizon's Guidelines and Policies page located at http://verizon.net/policies. You agree to visit this web site periodically to be aware of and review any such revisions. Changes to this Agreement shall be effective upon posting. By continuing to use the Verizon Web Sites after revisions are posted, you accept the revisions and agree to abide by them.
7. 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 and including but not limited to any images, photographs, animations, video, audio, music, text, content and "applets," incorporated into the software, and any copies of the software), 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.
You agree to defend, indemnify and hold harmless Verizon, Licensors and their respective officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by you (or any parties who use your computer, with or without your permission, to access the Verizon Web Sites); (b) the use of the Verizon Web Sites or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your computer to access the Verizon Web Sites, with or without your permission); (c) negligent acts, errors, or omissions by you (or any parties who use your computer to access the Verizon Web Sites, with or without your permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Verizon Web Sites or the Internet.
9. MANAGEMENT OF YOUR DATA
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Verizon Web Sites. Minimum systems requirements apply to the use of the Verizon Web Sites and it is your responsibility to ensure your computer system complies with these requirements. You are responsible for management of your information, including but not limited to back-up and restoration of data, erasing data from disk space you control and changing data on your router. You are also responsible for development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, user ID and password on your router and firewalls, to protect your information. Verizon is not responsible for back-up and restoration of your information or for any loss of or disablement of access to your information, including without limitation, email and address book information. In addition, you agree that information required by the Web Sites software (including any personalization information) and other identifying information requested by Verizon or its portal supplier may be placed in our user directory.
10. LIMITATIONS ON USE
a. You acknowledge that through your use of the Verizon Web Sites, you may have 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 Verizon Web Sites by children is your responsibility and that Verizon and Licensors are 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. You agree that your use of the Verizon Web Sites and the Internet, without limitation, is your sole responsibility, is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
b. You agree that the reliability, availability and performance of resources accessed through the Internet or other services connected or linked to the Verizon Web Sites are beyond Verizon's and Licensors’ control and are not in any way warranted or supported by Verizon or Licensors. You agree that Verizon cannot and does not guarantee or warrant that files available for downloading through the Verizon Web Sites will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
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 an advanced web search page (“AWS 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 AWS 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 AWS Pages from Verizon, you should follow the opt-out instructions that are available by clicking on the “About the Search Results Page” link on any AWS Page.
d. You understand and agree that Verizon and Licensors do not warrant the Verizon Web Sites to be uninterrupted or error-free. You further understand and agree that Verizon and Licensors have no control over third party networks or web Sites that you may access in the course of your use of the Verizon Web Sites, and that delays and disruptions of other network transmissions are completely beyond the control of Verizon and Licensors.
e. You agree that Verizon and Licensors assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and does not endorse any advice or opinion contained therein. Verizon does not monitor or control such services, although we reserve the right to do so.
f. As the Verizon Web Sites may be accessed globally, if you choose to access the Verizon Web Sites from locations other than 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. Notwithstanding the foregoing, Verizon makes no representation that materials on the Verizon Web Sites are appropriate or available for use in locations outside the United States, as applicable, and accessing them from territories where their contents are illegal is prohibited. You may not download or use the Verizon Web Sites in Cuba, Iran, North Korea, Sudan and Syria or any other E:1 Country as designated by the Department of Commerce.
11. MISCELLANEOUS PROVISIONS
a. If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
b. By transmitting, uploading, posting or submitting any information or material using the Verizon Web Site tools, you (i) represent that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrant that no other party has rights to the information and that your transmission, posting, uploading or submission of the information does not violate any copyright or other laws.
c. The Verizon Web Sites contain third party links and they are provided by Verizon only as a convenience to its users. Any web sites linked to or from the Verizon Web Sites are not reviewed, controlled, or examined by Verizon and Verizon is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the Verizon Web Sites does not imply endorsement of the linked site or content by Verizon. In no event shall Verizon or Licensors be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.
d. The terms of this Agreement apply only to your use of the Verizon Web Site(s) and do not apply to your use of any other Verizon product or service. The terms and conditions applicable to such other Verizon products or services shall apply to and govern your rights and obligations (and ours) with respect to your use of such other products or services.
e. You and Verizon agree that the substantive laws of the Commonwealth of Virginia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND VERIZON CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE VERIZON WEB SITES. Except as otherwise required by law, including Virginia laws relating to consumer transactions, any cause of action or claim you may have with respect to the Verizon Web Sites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
f. Use, duplication or disclosure by any Government entity is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. contractor/manufacturer is:
Verizon Online LLC
22001 Loudoun County Parkway
Ashburn, VA 20147
g. This Agreement, including all policies and notices incorporated into this Agreement by reference, constitutes the entire agreement between you and Verizon with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. This Agreement may be revised by Verizon as set forth in Paragraph 6, Changes to Agreement, above. Any terms varying from this Agreement in any written or electronic communication from you are void.
Effective Date: March 23, 2010