PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
VERIZON BUSINESS CENTER WEB SITE USE AGREEMENT
1. This Web Site Use Agreement ("Agreement") is entered into by you, Verizon Internet
Services Inc. and GTE.Net LLC d/b/a Verizon Internet Solutions (Verizon Internet
Services and GTE.Net are collectively referred to herein as "Verizon" ) The Verizon
Business Center Web Site business.verizon.net is comprised of various web sites,
web pages, tools, information, software, content, software, and features (collectively,
"Verizon Web Site") operated by Verizon.
This Agreement sets forth the terms and conditions under which you use the Verizon
Web Site and under which Verizon agrees to your use of the Verizon Web Site. By
using the Verizon Web Site, you agree to be bound by the terms of this Agreement.
You agree that the information you provide during the Verizon Web Site registration
is accurate and that you are 18 years of age or older.This Agreement includes Verizon's
Acceptable Use Policy (which is attached hereto as Attachment A), Verizon's Privacy
Policy (which is available
http://business.verizon.net/policies/privacypolicy.aspx and incorporated herein
by reference), and any notices regarding the Verizon Web Site (all of which are
available for review at
http://business.verizon.net/policies/,
and are incorporated herein by reference). You may also receive a copy of this Agreement
by writing us at:
Verizon Online
14025 Riveredge Drive
Tampa, 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 Site.
2. SCOPE OF VERIZON WEB SITE
Verizon makes the Verizon Web Site available to users at no charge. The features
of the Verizon Web Site 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 Site is intended solely for your private and personal use on your computer.
Any other use or any attempt to use the Verizon Web Site for commercial or other
purposes is strictly prohibited.
3. NO WARRANTY
VERIZON (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) PROVIDE THE VERIZON WEB SITE
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 SITE IS WITH YOU. VERIZON SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED HEREBY. IN
ADDITION, VERIZON DOES NOT WARRANT THE SECURITY OF THE VERIZON WEB SITE 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 SITE.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL VERIZON BE LIABLE TO ANY PARTY FOR (I) ANY SPECIAL, DIRECT, 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 SITE, PROVISION
OF OR FAILURE TO PROVIDE THE VERIZON WEB SITE, LOSS OF DATA, YOUR ACCESS OR INABILITY
TO ACCESS OR USE THE VERIZON WEB SITE OR YOUR USE AND RELIANCE ON INFORMATION OR
CONTENT AVAILABLE ON OR THROUGH THE VERIZON WEB SITE, INCLUDING VIRUSES ALLEGED
TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE VERIZON WEB SITE,
EVEN IF VERIZON HAS 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
SITE. 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 LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5. RIGHT TO CHANGE, MODIFY OR TERMINATE VERIZON WEB SITE
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 Site 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 Site.
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 Site) by posting such revisions to the Verizon's Guidelines and Policies page
located at
http://business.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 Site after revisions are in 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 Site (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 suppliers. All title and intellectual property rights in and to the information
and content which may be accessed through use of the Verizon Web Site 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
Site other than the right to use the Verizon Web Site according to the terms of
the Agreement.
8. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Verizon and its 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 Site); (b) the use of the Verizon Web
Site 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 Site, 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 Site, 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 Site 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 Site. Minimum
systems requirements apply to the use of the Verizon Web Site 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 Site 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. The Internet is an international computer network of both government and non-government
inter-operable packet switched data networks. The Internet is not owned, operated
or managed by, or in any way affiliated with Verizon, and Verizon is not responsible
for and has no control over the information or materials accessible via the Internet
through use of the Verizon Web Site.
b. You agree and acknowledge that through your use of the Verizon Web Site, you
may have access to information which may be sexually explicit, obscene or offensive,
or otherwise unsuitable or objectionable, especially for children under the age
of eighteen (18) years old. You agree to supervise usage of the Verizon Web Site
by any minors who use the Verizon Web Site. Verizon is not responsible for access
by any users, neither you nor minors, to objectionable or offensive information
or data. You agree that your use of the Verizon Web Site 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.
c. You agree that the reliability, availability and performance of resources accessed
through the Internet or other services connected or linked to the Verizon Web Site
are beyond Verizon's control and are not in any way warranted or supported by Verizon.
You agree that Verizon cannot and does not guarantee or warrant that files available
for downloading through the Verizon Web Site will be free of viruses, worms, Trojan
horses or other code that manifests contaminating or destructive properties.
d. You agree that the Internet is not a secure network and that third parties may
be able to intercept, access, use or corrupt the information you transmit over the
Internet. Verizon is not responsible for invalid destinations, transmission errors,
or corruption, interception or security of your data.You further agree that in the event 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 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 Advanced Web Search 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 Advanced Web Search 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 Advanced Web Search page.
e. You understand and agree that Verizon does not warrant the Verizon Web Site to
be uninterrupted or error-free. You further understand and agree that Verizon has
no control over third party networks or web sites that you may access in the course
of your use of the Verizon Web Site, and that delays and disruptions of other network
transmissions are completely beyond the control of Verizon.
f. You agree that Verizon assumes 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. Verizon may take any action
we deem appropriate, in our sole discretion, to maintain the high quality of our
Verizon Web Site and to protect others and ourselves.
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 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 Site contains third party links and it is provided by Verizon
only as a convenience to its users. Any web sites linked to or from the Verizon
Web Site 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 Site does
not imply endorsement of the linked site or content by Verizon. In no event shall
Verizon 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 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 SITE.
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 Site 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 either
Verizon Internet Services Inc.
1880 Campus Commons Drive
Reston, VA 20191
or
GTE.Net LLC d/b/a Verizon Internet Solutions
4055 Corporate Drive, Suite 400
Grapevine, Texas 76051.
g. This Agreement, including all Attachments hereto, which are fully incorporated
into this Agreement, and also 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.
ATTACHMENT A
ACCEPTABLE USE POLICY
1. This is Verizon's policy on the acceptable use of the Service. It is designed
to help protect the Service, Verizon's customers and the Internet community, from
irresponsible or illegal activities.
2. Verizon reserves the right to deny Service to you, or immediately to terminate
your Service for material breach, if your use of the Service or your use of an alias
or the aliases of additional users on your account, whether explicitly or implicitly,
and in the sole discretion of Verizon: (a) is obscene, indecent, pornographic, sadistic,
cruel or racist in nature, or of a sexually explicit or graphic nature; (b) espouses,
promotes or incites bigotry, hatred or racism; (c) might be legally actionable for
any reason, (d) is objectionable for any reason, or (e) in any manner violates the
terms of this Acceptable Use Policy.
3. You may NOT use the Service as follows: (a) for any unlawful, improper or illegal
purpose or activity; (b) to post or transmit information or communications that,
whether explicitly stated, implied, or suggested through use of symbols, are obscene,
indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually
explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred
or racism; or which might be legally actionable for any reason; (c) to access or
attempt to access the accounts of others, to spoof or attempt to spoof the URL or
DNS or IP addresses of Verizon or any other entity, or to attempt to penetrate or
penetrate security measures of Verizon or other entities' systems ("hacking") whether
or not the intrusion results in corruption or loss of data; (d) to bombard individuals
or newsgroups with uninvited communications, data or information, or other similar
activities, including but not limited to "spamming", "flaming" or denial or distributed
denial of service attacks; (e) to transmit unsolicited voluminous emails (for example,
spamming) or to intercept, interfere with or redirect email intended for third parties
using the Service; (f) to introduce viruses, worms, harmful code and/or Trojan horses
on the Internet; (g) to post information on newsgroups which is not in the topic
area or charter (e.g. off-topic posting) of the newsgroup; (h) to interfere with
another person's usage or enjoyment of the Internet or this Service; (i) to post
or transmit information or communications that are defamatory, fraudulent, obscene
or deceptive, including but not limited to scams such as "make-money-fast" schemes
or "pyramid/chain" letters; (j) to damage the name or reputation of Verizon, its
parent, affiliates and subsidiaries, or any third parties; (k) to transmit confidential
or proprietary information, except solely at your own risk; (l) to violate Verizon's
or any third party's copyright, trademark, proprietary or other intellectual property
rights, including trade secret rights; (m) to use more than one IP address obtained
from Verizon; (n) to generate excessive amounts (as determined by Verizon in its
sole discretion) of Internet traffic, or to disrupt net user groups or email use
by others; (o) to engage in activities designed to or having the effect of degrading
or denying Service to Verizon users or others (including activities that compromise
a server, router, circuit, software or other Internet component ; (p) to use any
name or mark of Verizon, its parent, affiliates or subsidiaries, as a hypertext
link to any Web site or in any advertising publicity or other commercial manner;
(q) to use the Service to operate a server in a manner that interferes with the
network or other users' use of the Service; (r) to use the Service or the Internet
in a manner intended to threaten, harass, intimidate; (s) to cause the screen to
"scroll" faster than other subscribers or users are able to type to it, or any action
that has a similar disruptive effect, on or through the Service; (t) to use the
Service to disrupt the normal flow of online dialogue, (u) to use the Service to
violate any operating rule, policy or guideline of any other online services provider
or interactive service; (v) to attempt to subvert or to aid third parties to subvert,
the security of any computer facility or system connected to the Internet; (w) to
impersonate any Verizon employee or official or other person or use a false name
while using the Service or implying an association with Verizon; (x) to install
"auto-responders," "cancel-bots" or similar automated or manual routines which generate
excessive amounts of net traffic, or disrupt net user groups or email use by others;
(y) to make false or unverified complaints against any Verizon subscriber, or otherwise
abusing any of Verizon's complaint response procedures; (z) to use software or any
other device that would allow your account to stay logged on while you are not actively
using the Service, unless you are a DSL customer; (aa) to export software or any
information in violation of US export laws; (bb) to use the Service in contravention
of the limitations of the pricing plan you have chosen; (cc) for DSL customers who
use static IP address, to use an IP address other than the one assigned by Verizon;
(dd) for customer who have been assigned a dynamic IP address to use such IP address
to circumvent the changing of IP addresses assigned by the Service or (ee) to open
connections to more than one Verizon Usenet news service at a time.
Usenet Policy and Posting Restrictions: Usenet comprises a system of bulletin boards
called newsgroups. Usenet access is provided to Internet access customers of Verizon
through the Verizon network. 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. You may not rapidly open and close or create connections for users other than
yourself (our Subscriber). Verizon will carry newsgroups at their sole discretion.
Requests to add a newsgroup, from any source, will be evaluated on a case-by-case
basis, and added at Verizon's sole discretion. You must familiarize yourself with
the subjects and established guidelines and restrictions of any newsgroup in which
you participate and we reserve the right, in our sole discretion, to terminate your
Service in the event you violate newsgroup guidelines or restrictions.
4. Copyright Infringement/Repeat Infringer Policy. Verizon respects the intellectual
property rights of third parties, including those granted under the US copyright
laws, and the interests of its subscribers and content providers on the Internet.
You may not store material of any type or in any format on, or disseminate such
material over, Verizon's systems or servers in any manner that constitutes an infringement
of third party intellectual property rights, including rights granted under the
US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA)
and other applicable law, it is the policy of Verizon to 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.
Appropriate circumstances may exist where (i) a Subscriber or account holder has
been found by a court of competent jurisdiction to have infringed the copyrights
of a third party on two or more occasions, i.e., a repeat infringer, (ii) where
a valid, effective and uncontested notice has been provided to Verizon alleging
facts which are a violation by the Subscriber or account holder of Verizon's Copyright
Policy prohibiting infringing activity involving Verizon systems or servers, or
(iii) in other cases of repeated flagrant abuse of access to the Internet (e.g.,
willful commercial piracy or malicious attempts to destroy the value of copyrighted
works). In addition, Verizon expressly reserves the right to terminate or suspend
the Service of any Subscriber or account holder if Verizon, in its sole judgment,
believes that circumstances relating to the 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. You shall comply with all applicable local, state, national and international
laws and regulations, including those related to data privacy, international communications,
and exportation or technical or personal data. You represent that you are not a
specifically designated individual or entity under any US embargo or otherwise the
subject, either directly or indirectly (by affiliation, or any other connection
with another party) to any order issued by any agency of the US Government limiting,
barring, revoking or denying, in whole or in part your US export privileges. You
agree to notify Verizon if you become subject to any such order.
6. You shall not delete any proprietary designations, legal notices or other identifiers
belonging to third parties from any information obtained or sent using the Service
and shall not impersonate any person or use a false name while using the Service.
You agree to obtain all required permissions if you use the Service to receive,
upload, download, display, distribute, or execute Software or perform other works
protected by intellectual property laws including copyright, trademark, trade secret
and patent laws. You agree to cooperate with Verizon and provide requested information
in connection with all security and use matters. You agree to notify Verizon promptly
if you suspect unauthorized use of the Service or of your UserID. You remain liable
for unauthorized use until your notification to Verizon at security@verizon.net.
7. Verizon reserves the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or civil wrong. Such cooperation
may include, but not be limited to, provision of account or user information or
email as well as monitoring of the Verizon network.
8. 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.