TERMS OF SERVICE FOR
VERIZON INTERNET SECURITY SUITE, VERIZON ONLINE BACKUP & SHARING,
VERIZON SECURE MAIL, AND VERIZON PREMIUM TECHNICAL SUPPORT FOR BUSINESS

This Agreement is between you as our Subscriber and Verizon Internet Services Inc. (or its affiliates listed in Section 21) ("Verizon")and it sets forth the terms and conditions under which you agree to use and we agree to provide Verizon Internet Security Suite, Verizon Online Backup & Sharing, Verizon Secure Mail, and Verizon Premium Technical Support for Business (collectively the "Value Added Service(s)" or "Services") operated by or on behalf of Verizon.

THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.

1. AGREEMENT TERMS GENERALLY INCLUDED. This Agreement consists of the terms below, plus our Acceptable Use Policy (Attachment A) and other Verizon policies referred to in this Agreement (including our Privacy Policy), all of which are incorporated herein by reference. This Agreement and related policies are posted online at http://business.verizon.net/policies ("Website"). You can also receive a paper copy of this Agreement by writing to Verizon, 14025 Riveredge Drive, Tampa, FL 33637, Attention: Customer Service.
   
   
2. SCOPE OF SERVICES AND SERVICES REQUIREMENTS.
   
   
   1. Scope of Services. The features of the Value Added Services may include but are not limited to: i) Verizon Internet Security Suite - PC security products and services and certain diagnostic tools for troubleshooting; ii) Verizon Online Backup & Sharing - personal storage space; iii) – Verizon Secure Mail - encrypted email service; and iv) Verizon Premium Technical Support for Business. Verizon offers some of the Services for free and some of the Services on a fee basis. Costs of Services vary by service and are provided at the time of registration for those Services. You understand and agree that advertisements, as well as certain communications from Verizon such as service announcements and administrative messages, are part of the Value Added Services and are necessary for Verizon to provide the Value Added Services. The Value Added Services are intended solely for your private and personal use on your computer, and any other use or attempted use for other purposes is strictly prohibited.
      
      
   2. Services Requirements. Internet access may be required to use the Value Added Services. You are solely responsible for compliance with any minimum system requirements, and for obtaining, installing, configuring, 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 Value Added Service(s) and to operate your computer.
      
      
3. REVISIONS TO THIS AGREEMENT. From time to time we will make revisions to this Agreement and the policies relating to the Value Added Services. We will provide notice of such revisions by i) posting such revisions to the Website Announcements page or ii) by sending an email to your primary verizon.net email address, or both. You agree to visit the Announcements page periodically to review any such revisions. Changes to this Agreement will be effective on the date noted in the posting. By continuing to use any Value Added Service after revisions are in effect, you accept and agree to abide by them. If you do not agree to the revision(s), you must terminate your Value Added Service(s) immediately. Increases to the monthly price of your Services shall be effective thirty (30) days after (i) receipt of an email notification from us in accordance with section 19.1 below, and ii) or by posting a notice of such price increase on the Website.
   
   
4. AUTHORIZED USER, ACCOUNT USE, AND RESPONSIBILITIES. You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement. You agree promptly to notify Verizon whenever your personal or billing information changes. You are responsible for all use of your Value Added Service and account, whether by you or someone using your account with or without your permission, 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 Service and to only use the Value Added Service within the United States unless otherwise noted.
   
   
5. PRIVACY POLICY; LEGAL COMPLIANCE. Personal information you provide to Verizon is governed by our Privacy Policy, which is posted on the Website and is subject to change from time to time. Verizon reserves the right to provide account and user information, including email, to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, monitoring of the Verizon network consistent with applicable law. In addition, Verizon is required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of the child pornography laws. We reserve the right to report any such information, including the identity of users, account information, images and other facts to law enforcement personnel.
   
   
6. AVAILABILITY OF AND CHANGES TO SERVICE.
   
   
   1. Verizon or its suppliers may, at any time, without notice or liability, restrict the use of any Value Added Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
      
      
   2. Changes to Service or Features. Verizon reserves the right to change any of the features, content or applications offered as part of the Value Added Services at any time with or without notice to you. You understand and agree that, unless explicitly stated otherwise, any new features offered through or on the Value Added Services, including changes and enhancements to existing features, shall be subject to this Agreement.
      
      
7. SOFTWARE LICENSES AND THIRD PARTY SERVICES.
   
   
   1. We may provide you, for a fee or at no charge, software for use in connection with the Value Added Service which is owned by Verizon or its third party licensors, providers and suppliers ("Software"). We reserve the right periodically to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and software on your computer or Equipment, and you agree to permit such changes and access to your computer and Equipment. You may use the Software only in connection with the Value Added Service and for no other purpose.
      
      
   2. 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.
      
      
   3. Your license to use the Software or any Value Added Service will remain in effect until terminated by Verizon or its third party licensors, or until your Value Added Service is terminated. Upon termination of your Value Added Service, you must cease all use of and immediately delete the Software from your computer.
      
      
8. VERIZON INTERNET SECURITY SUITE ("VISS").
   
   
   1. VISS is manufactured by Radialpoint Inc. located at 2050 Rue de Bleury, Suite 300 Montreal, Quebec, H3A 2J5. Radialpoint™ is a trademark of Radialpoint Inc. The personal jurisdiction and venue provisions in Section 15.4 shall not apply to any causes of action by or against Radialpoint Inc. under or in relation to this Agreement.
      
      
   2. You acknowledge and consent that Radialpoint Inc.: (i) may provide non-personally identifiable usage data collected in anonymous and aggregate form ("VISS Data") to its subcontractors in North America, for analysis of the performance of VISS, including the redundancy, reliability, and disaster recovery components of the services; and (ii) may use such VISS Data (1) to improve activation flow; and/or (2) as part of trends or reports published by Radialpoint Inc.
      
      
9. VERIZON ONLINE BACKUP & STORAGE.
   
   
   1. You agree that you are solely responsible for all content you store on or retrieve from such services. Additional terms and conditions applicable to Verizon Online Backup & Storage are posted on the Website and are incorporated herein by reference. You understand that we do not provide telephone technical support for Verizon Online Backup & Storage. Your Verizon Online Backup & Sharing account may be accessed from any suitable Internet connection.
      
      
   2. Use Requirements for Free Verizon Online Backup & Sharing Account ("Free Account"). If you sign up for a Free Account, you must actively use the Free Account. To "actively use" your account means to upload, download, backup or restore content to your Free Account. In the event you do not use your Free Account for a period of sixty (60) calendar days or more, then Verizon reserves the right to cancel your account. We will provide notice of cancellation by email to your primary verizon.net email address. If you use your Free Account within fourteen (14) calendar days of such cancellation notice, then your account will not be cancelled. It is your responsibility to remove or copy any content in your Free Account prior to cancellation or termination; otherwise, it will be lost. In such case, Verizon may, at its election, also delete archived data.
      
      
   3. Verizon Online Backup & Sharing is provided by DigiData Corporation.
      
      
10. VERIZON SECURE MAIL.
    
    
    1. If you subscribe to Verizon Secure Mail, the following terms and conditions apply with respect to any and all Software obtained by Verizon from its third party licensor, Echoworx Corporation:
       
       
       1. General. This Section 10 sets forth the terms and conditions pursuant to which you may use Verizon Secure Mail, including the Secure Mail Client Plug-In Software ("Secure Mail Software"), as it may be corrected, updated, modified, enhanced or replaced by Verizon from time to time, and any Documentation provided to you by Verizon from time to time in any form or medium. Together, the Secure Mail Software and the Documentation are referred to in this Agreement as " Verizon Secure Mail". Verizon Secure Mail is the property of Verizon or its licensors, and is protected by copyright, patent and other intellectual property laws. Verizon Secure Mail is licensed, not sold, to you for use only according to the terms of this Agreement, and Verizon and its licensors reserve all rights not expressly granted to you under this Agreement. Verizon Secure Mail includes any additional billing and support services that Verizon Online may provide in connection therewith.
          
          
       2. License Restrictions. Except as expressly permitted herein, you may not: (a) use Verizon Secure Mail except to receive the Secure Mail service to which it relates; (b) use, reproduce, copy, modify, adapt, translate, update or transmit Verizon Secure Mail, in whole or in part; (c) sell, rent, lease, license, transfer, distribute or otherwise provide access to Verizon Secure Mail to any third party; (d) alter, remove, or cover trademarks, copyright, or other proprietary notices or legends in or on Verizon Secure Mail; (e) decompile, disassemble, decrypt, extract or otherwise attempt or assist others to reverse engineer or derive the source code to the Secure Mail Software; (f) use Verizon Secure Mail for service bureau purposes or otherwise to provide services to or for the benefit of any third party; (g) use the Secure Mail Software on any computer or computer system that does not meet the minimum requirements specified by Verizon from time to time; or (h) use the Secure Mail Software in the operation of critical data systems, such as those used for the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, patient data systems, life support machines or other equipment in which the failure of the Secure Mail Software could lead to death, personal injury, or severe physical or environmental damage.
          
          
       3. Ownership. You acknowledge and agree that Verizon or its licensors own all right, title and interest in and to the Secure Mail Software, and that this Agreement does not grant to you any right, title or interest in or to Verizon Secure Mail, other than the limited license granted herein. This license is not a sale of a copy of any of Verizon Secure Mail and does not render you the owner of a copy of any of Verizon Secure Mail.
          
          
       4. Transfer. You may not assign this Agreement or otherwise transfer Verizon Secure Mail without the prior written consent of Verizon.
          
          
       5. Export and Territorial Restrictions. Verizon Secure Mail contains encryption technology that is controlled for export by the U.S. and Canadian governments, and may be subject to import and/or use regulations in other jurisdictions. It is your responsibility to comply with laws and regulations relating to the export, import and use of Verizon Secure Mail. You represent, warrant and covenant that you are not and will not be (i) a national of or resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or to persons or entities prohibited from receiving U.S. exports; (ii) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or Entity List; or (iii) a resident of any jurisdiction to which export or re-export of Verizon Secure Mail is prohibited, including, without limitation, jurisdictions included under the Area Control List of the Exports and Imports Permit Act of Canada. You will not, in any manner whatsoever, remove, convey, export, re-export or transmit Verizon Secure Mail in a manner that would contravene the spirit or the letter of any export law, regulations or policies in any country, including any international treaties or agreements, and you will not permit, encourage, assist or facilitate such activities by any other person or entity.
          
          
       6. United States Government. The Software and Documentation are "commercial computer software" and "commercial computer software documentation", respectively, as such terms are used in DFAR Section 227.7202 and FAR Section 12.212 (or successor regulations), as applicable. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through § 227.7202-4, Verizon is providing Verizon Secure Mail to U.S. Government end users only pursuant to the terms and conditions of this Agreement. If you are licensing Verizon Secure Mail on behalf of a government other than the U.S. Government, then, to the extent that you operate under laws similar to those U.S. laws addressed in C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through § 227.7202-4, Verizon Secure Mail is licensed to you only pursuant to the terms and conditions of this Agreement.
          
          
       7. Acknowledgements. The Software incorporates AES Rijndael Block Cipher, Written by Vincent Rijndael, Antoon Bosselaers , Paulo Barreto, Copyright (C) version 2.9 (December 2000), optimised ANSI C code for the Rijndael cipher (now AES), AND IS PROVIDED BY THE AUTHORS ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
          
          
11. VERIZON PREMIUM TECHNICAL SUPPORT SERVICE FOR BUSINESS ("PTS").
    
    
    1. Description of Service and Scope of Support. Verizon Premium Technical Support for Business ("PTS") addresses issues outside the scope of Verizon’s standard technical support. PTS will include: (a) configuration troubleshooting; (b) evaluating and attempting to correct software, operating systems and networking issues; (c) virus/spyware support; and (d) software and peripherals support for network, video and sound cards, memory, hard drives, CD/DVD reader/writers, printers, scanners and networking equipment. All PTS services are offered in English only.
       
       
    2. Limitations of PTS.
       
       
       1. PTS will not support all software, hardware or Internet-related products, applications or features and we reserve the right to defer support issues to your equipment or software vendor. PTS does not including training on hardware or software use.
          
          
       2. PTS is not intended to replace the more advanced technical support that may be available from hardware or software manufacturers
          
          
       3. PTS is for incident-specific troubleshooting and problem resolution, and excludes: i) computer programming; ii) software development; iii) warranty repairs or product replacement; iv) support for Macintosh® and Windows® 95 and earlier versions of Windows; v) problems or issues arising out of any impermissible or unauthorized use or modification of a product or vi) upgrades of firmware, software, operating systems, or applications. Use of PTS does not constitute a license to use the software, applications or equipment being supported, or an upgrade thereto. You are responsible for obtaining any necessary licenses to use your software and applications
          
          
       4. In some cases, we may not be able to diagnose or resolve a problem because of complications with your computer or its configuration. PTS is offered as a "best efforts" service and without warranty except as specifically set forth in this Agreement. We reserve the right to refuse to troubleshoot software not on our list of supported products.
          
          
       5. You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that we may not have the ability to obtain the information necessary to resolve a specific technical problem.
          
          
    3. Your Responsibilities.
       
       
       1. In order for us to deliver PTS, you must first confirm that you have: a) full access (including any required licenses) to the hardware and/or software that is the basis of the problem; and (b) completed a back-up of any data, software, information or other files stored on your computer disks and/or drives that may be impacted. Verizon is not responsible for the loss, corruption or alteration of data, software or files that may result from performance of PTS by our technicians. You also acknowledge and agree that you are the owner or authorized user of any hardware or software about which you are contacting us. PTS is only available to you and those residing at your location; PTS is not transferrable.
          
          
       2. You agree to cooperate with and follow instructions provided by Verizon and acknowledge that such cooperation by you is essential to our delivery of PTS to you.
          
          
       3. You hereby grant Verizon permission to view, access and modify your computer, computer (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform PTS.
          
          
       4. You are responsible for any and all restoration and reconstruction of lost or altered files, data, or programs, and for ensuring that any information or data disclosed to Verizon is not confidential or proprietary to you or any third party.
          
          
    4. Support Procedures.
       
       
       1. Purchase Terms. PTS can be purchased either: (a) for an unlimited number of Incidents for a term beginning on the date you order PTS and continuing for the duration of the plan you selected ("Term Plan"); or (b) on a per-Incident basis (the "Per-Incident Service Plan"). For the Per-Incident Service Plan, Verizon will address a single Incident (as defined in Section 11.4.2 below) which shall include follow-up calls, as reasonable and necessary, regarding the Incident. Once an Incident is resolved (as set forth in Section 11.4.3, below), you may call back and obtain assistance on the same Incident for up to seventy-two (72) hours at no additional charge, after which the Incident will be considered closed. Once an Incident has been closed by Verizon, any further calls or requests for assistance will be considered a new Incident and additional fees will apply if you subscribe to our Per-Incident Service Plan. IF YOU PURCHASE PTS UNDER A TERM PLAN AND YOUR SERVICE IS TERMINATED BY YOU (OR BY US IF YOU BREACH THIS AGREEMENT) BEFORE COMPLETING YOUR TERM, THEN, UPON TERMINATION OF YOUR SERVICE, YOU AGREE TO PAY VERIZON AN EARLY TERMINATION FEE IN THE AMOUNT SET FORTH IN THE PLAN YOU HAVE CHOSEN.
          
          
       2. "Incident" means a specific, discrete problem for which Verizon will attempt to isolate its origin to a single cause. Verizon, in its sole discretion, will determine what constitutes an Incident.
          
          
       3. An Incident will be considered resolved when you receive one of the following: (a) information or advice that resolves the Incident; (b) information on how to obtain a software solution that will resolve the Incident; (c) notice that the Incident is caused by a known, unresolved issue or an incompatibility issue; (d) information that the Incident can be resolved by upgrading to a newer release of a product; (e) notice that the Incident has been identified as a hardware equipment issue; or if (f) you cannot, or elect not to, pursue the course of action we recommend.
          
          
       4. Our advice to you may include steps that you will need to take before the Incident can be resolved, such as buying cables or cords, acquiring software, etc. and we will keep your service request open for future reference when you are ready to resume the process.
          
          
    5. Third Party Warranties. Third-party equipment, software and peripheral products are covered by the warranties provided by the original manufacturer or the seller of the product. Third party warranties may vary from product to product. It is your responsibility to consult the applicable product documentation for specific warranty information. In addition, you acknowledge that certain third party equipment or software warranties may limit or void the remedies that they offer if unauthorized persons perform support service on the equipment or software. It is your responsibility to ensure that any impact that Verizon’s delivery of PTS might have on third party warranties is acceptable to you.
       
       
    6. Customer Specific Service. PTS is only available to you and to persons you authorize. In either case, the terms of this Agreement will apply to the PTS services we perform.
       
       
    7. LIMITATION OF LIABILITY. VERIZON'S TOTAL LIABILITY ARISING OUT OF THE PTS SERVICE, OR FROM VERIZON'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE LIMITED, AT VERIZON'S SOLE DISCRETION AND OPTION, (A) TO REPERFORMING THE PTS SERVICE, OR (B) AS SET FORTH IN SECTION 17 BELOW; EXCEPT THAT, IN THE CASE OF PER-INCIDENT SERVICE PLANS, YOUR REMEDIES WILL BE LIMITED TO A REFUND OF THE CHARGES AND FEES PAID FOR THE PTS SERVICE GIVING RISE TO THE CLAIM, IF ANY. THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE.
       
       
12. THIRD PARTY BENEFICIARIES. Radialpoint Inc., Echoworx Corporation. and DigiData Corporation are each a third party beneficiaries of this Agreement capable of enforcing its terms independently from Verizon.
    
    
13. PRICING, CHANGES TO SERVICE PLANS AND PAYMENT.
    
    
    1. Prices and Fees; Billing. You agree to pay the fees applicable to your Value Added Service(s), either on a monthly or prepaid basis, as applicable, including but not limited to applicable taxes. 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. Monthly recurring charges for Value Added Service will be billed one month in advance. Prepaid pricing plans will also be billed in advance. Based on your election and subject to our approval, Verizon or its agent will bill your charge card or local Verizon telephone bill (where available). IF YOU ELECT TO BE BILLED ON YOUR VERIZON PHONE BILL, BY USING THE SERVICES YOU AGREE TO HAVE ALL SERVICE CHARGES INCLUDED ON YOUR PHONE BILL. Increases to the monthly price of a Value Added Service shall be effective thirty (30) days after I) receipt of an email notification from us in accordance with section 19 below, and ii) or by posting a notice of such price increase on the Website.
       
       
    2. Discontinuation of Service for Nonpayment. We may discontinue your Value Added Service without notice if Service charges on your telephone bill or 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.
       
       
    3. Late Fees. 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 Value Added Service without notice. If your charges are billed by your Verizon local carrier, the late fee will be equal to the late payment charge that the local exchange carrier applies. Otherwise, the late fee will be the lesser of 1.5 % per month, or the highest rate permitted by law. 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.
       
       
    4. Prepaid Service Plans. You may be given the option to select a prepaid service plan (“Prepaid Service Plan”) which will begin on the later of (a) the date of your order, or (b) the date you change to the Prepaid Service Plan. There will be no refunds for Prepaid Service Plans. At the end of any Prepaid Service Plan, you may be given the option to select a new Prepaid Service Plan. If you do not select a new Prepaid Service Plan, your Service will automatically convert to the then-current month-to-month rate.
14. TERM AND TERMINATION.
    
    
    1. Effective Date and Term. This Agreement shall be effective upon your acceptance of these terms and shall continue on a monthly basis until terminated by either party as permitted by the Agreement. We reserve the right to terminate any Value Added Service (or any part thereof) in the event we cease to offer the Value Added Service. If we cease offering a Value Added Service (or any part thereof), we will give you at least thirty (30) calendar days advance notice via electronic mail sent to the electronic email address you provide. Billing for Value Added Services will automatically being on the date provisioning of your Service is complete ("Service Ready Date") unless otherwise notified by Verizon. We may, at our election, waive any fees or charges.
       
       
    2. Termination of a Value Added Service.
       
       
       1. Either you or Verizon may terminate a Value Added Service without cause by giving notice to the other in accordance with the notice provision set forth at Section 19 below. Termination by you will be effective upon your notice to Verizon. Termination by Verizon shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by Verizon, for any reason, you will be required to pay the remaining balance of the charges applicable to your Value Added Service through the effective date of termination.
          
          
       2. Termination and/or Suspension by Verizon. 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 any Value Added Service 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 a Value Added Service, you must immediately stop using such Value Added Service.
          
          
    3. Terminated Account. Verizon, in its sole discretion, may refuse to accept your application for a Value Added Service following a termination or suspension of your use of any Value Added Service.
       
       
    4. Regulatory Compliance. In the event there is a ruling, regulation, or order issued by a judicial, legislative or regulatory body that causes Verizon to believe that this Agreement may be in conflict with such rules, regulations, and orders, Verizon may terminate or modify some or all of your Value Added Services and/or this Agreement immediately without notice.
       
       
    5. Deletion of Data upon Termination. You agree that Verizon has the right to immediately delete all data, files and other information stored in or for your account without notice to you in the event of termination of your Value Added Service(s) for any reason. It is your responsibility to remove or back-up to separate media any stored content prior to closure of your account; otherwise, the content may be lost.
       
       
15. COMPLIANCE WITH LAW AND REMOVAL OF CONTENT. You agree that Verizon shall have the right, but not the obligation, to monitor use of the of, and to screen, refuse, move or remove any content transmitted to or from, any Value Added Service for compliance with law or the terms of this Agreement. Content that we determine is unlawful will be removed or access to your service will be blocked, and Verizon reserves the right to take any legal action we deem necessary regarding any such content.
    
    
16. LIMITATIONS ON USE OF THE SERVICE.
    
    
    1. Use of Services by Minors. Value Added Services are intended for users 13 years of age or older; anyone under 13 may not register for a Value Added Service. You acknowledge that the Value Added Services may allow access to information which is sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of Value Added Services 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 OR PARENTAL CONTROL SOFTWARE.
       
       
    2. 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.
       
       
    3. 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, 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.
       
       
    4. You represent that when you transmit, upload, post or submit any content, images or data using the Value Added Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights.
       
       
    5. Websites linked to or from a Value Added Service 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 a Value Added Service, including websites or content advertised on the Value Added Service, does not constitute or imply endorsement of them by Verizon.
       
       
17. WARRANTIES AND LIMITATION OF LIABILITY.
    
    
    1. YOU ACKNOWLEDGE AND AGREE THAT THE VALUE ADDED SERVICES SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, 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 AND CONDITIONS FOR THE VALUE ADDED 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, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
       
       
    2. VERIZON DOES NOT WARRANT THAT ANY VALUE ADDED SERVICE PROVIDED BY VERIZON WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. VERIZON SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
       
       
    3. IN NO EVENT SHALL THE VERIZON PARTIES OR VERIZON’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
       
       
    4. THE LIABILITY OF THE VERIZON PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL TAXES) YOU HAVE PAID TO VERIZON FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
       
       
    5. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 17 ALSO APPLY TO VERIZON’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. RADIALPOINT INC., ECHOWORX CORPORATION AND DIGIDATA CORPORATION ARE EACH THIRD PARTY BENEFICIARIES OF THIS AGREEMENT CAPABLE OF ENFORCING ITS TERMS INDEPENDENTLY FROM VERIZON
       
       
    6. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
       
       
18. INDEMNIFICATION. You agree to defend, indemnify and hold harmless the Verizon Parties from and against all liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees, related to or arising from your use of the Value Added Service (or the use of your Value Added Service by anyone else), (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property.
    
    
19. NOTICES.
    
    
    1. Notices required under this Agreement by you must be provided to us at 14025 Riveredge Drive, Tampa, FL 33637, Attention: Customer Service in the manner set forth in the Contact Us section of the Website. Notice by Verizon to you (including notice of revisions to this Agreement under Section 3) shall be deemed given when: (a) transmitted to your primary verizon.net email address; or (b) mailed via the US mail or hand-delivered to your address on file with us; or (c) when posted to the Announcements page of the Website.
       
       
    2. With regard to electronic communications, you and Verizon further agree that the User ID and/or alias of a sender, contained in an email, is legally sufficient to verify the sender's identity and the authenticity of the communication.
       
       
20. GENERAL PROVISIONS.
    
    
    1. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.
       
       
    2. Verizon will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.
       
       
    3. You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed.
       
       
    4. 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 SERVICE. 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 Value Added Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
       
       
    5. Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, 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 or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement.
       
       
    6. Verizon's failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
       
       
    7. This Agreement, including all Policies referred to herein and posted on the Website, 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. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at Verizon.
       
       
21. Verizon Affiliates. Services in New Jersey are provided by Verizon Online - New Jersey LLC. Services in Maryland are provided by Verizon Online - Maryland LLC. Services in Pennsylvania are provided by Verizon Online Pennsylvania Partnership. Services in Texas, California, Florida, Washington, Oregon, Idaho, Illinois, Wisconsin, Michigan, Ohio, Indiana, North Carolina, South Carolina and certain areas of Virginia are provided by GTE.NET LLC d/b/a Verizon Internet Solutions.
    
    

Version Date: December 5, 2008

ATTACHMENT A

ACCEPTABLE USE POLICY

1. General Policy: Verizon reserves the sole discretion to deny or restrict your Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates the Agreement or other Verizon policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the Verizon network by Verizon or other users, or violates the terms of this Acceptable Use Policy ("AUP").
   
   
2. Specific Examples of AUP Violations. Without limiting the general policy in Section 1, it is a violation of the Agreement and this AUP to: (a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of Verizon or any other entity, or to penetrate the security measures of Verizon or any other person’s computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, "spamming", "flaming" or denial of service attacks; (c) intercept, interfere with or redirect email or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code or Trojan horses on the Internet; (e) post off-topic information on message boards, chat rooms or social networking sites; (f) engage in conduct that is defamatory, fraudulent, obscene or deceptive; (g) violate Verizon's or any third party's copyright, trademark, proprietary or other intellectual property rights; (h) engage in any conduct harmful to the Verizon network, the Internet generally or other Internet users; (i) generate excessive amounts of email or other Internet traffic; (j) use the Service to violate any rule, policy or guideline of Verizon; or (k) use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism.
   
   
3. Usenet Policy and Posting Restrictions. Verizon Usenet may not be accessed via any other network. You may open no more than five simultaneous connections to newsgroups at any one time. We reserve the right in our sole discretion, with or without notice to you, to add or subtract Usenet Newsgroups and to modify or restrict the bandwidth available to download content from our Usenet Newsgroup services, or to suspend or terminate our Usenet Newsgroup services (or portions thereof) at any time, with or without notice.
   
   
4. Copyright Infringement/Repeat Infringer Policy. Verizon respects the intellectual property rights of third parties. Accordingly, you may not store any material or use Verizon's systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of Verizon to suspend or terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, Verizon expressly reserves the right to suspend, terminate or take other interim action regarding the Service of any Subscriber or account holder if Verizon, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Verizon may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting Verizon's designated Copyright Agent as set forth in Verizon's Copyright Policy located at http://www.verizon.com/copy.html.
   
   
5. Verizon may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement and AUP. You acknowledge that Verizon shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this Agreement
   
   

Version Date: December 5, 2008

VASIP-BIZ 4.0