Site Policies: Web Office Terms of Service

VERIZON WEBOFFICE TERMS OF SERVICE

THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS, IN CONNECTION WITH YOUR USE OF VERIZON ONLINE'S SERVICES.

PLEASE READ THEM CAREFULLY.

This Verizon WebOffice Terms of Service (the "Agreement") is entered into between you (“Customer") and Verizon Online LLC or its' affiliates (see Attachment A). Verizon and its affiliates are collectively referred to hereinafter as “Verizon". This Agreement is comprised of the service quotation (“Quotation"), if applicable, provided to you, our Acceptable Use Policy (“AUP") set forth at http://business.verizon.net/policies/acceptable_use.asp as well as our Privacy Policy located at http://business.verizon.net/policies/privacy.asp. Your acceptance of these Terms of Service indicates your agreement to comply with this Agreement regarding your use of the Service. You will be deemed to have accepted this Agreement upon the earlier of: (a) submission of your order, (b) acceptance of this Agreement electronically, or (c) your use of the Service.

1. Service. The term "Service" shall mean the Verizon WebOffice Service, including any features, functions and/or applications that are included with the Verizon WebOffice Service, or are purchased as an additional feature(s) to the Verizon WebOffice Service. The Service includes an intranet suite of applications including, but not limited to, certain business productivity tools and web and audio conferencing features. The term "Content" shall mean audio, video, image or other files or data in digital or electronic form of any type provided by you, sent by or on behalf of you or that are resident in Verizon WebOffice meetings hosted by you or that are linked either to or from the Service. The Service is purchased by the "Subscribing Organization." The Subscribing Organization is (a) the individual or entity that registered and/or provided Verizon his or her credit card or other payment mechanism for the Service, or (b) if the Service is being purchased on behalf of an entity, by an individual authorized to purchase the Service on behalf of such entity. The "you(r)," "You(r)" or "Subscribing Organization" refers to such individual or entity, as applicable. By registering, the Subscribing Organization will be assigned a unique URL, and its representatives who have completed member registration forms will be "Members." The Service, information, products and services contained or described in the Service or any Linked Sites (defined below) and the URL may be accessed and used solely by the Subscribing Organization to which such URL is assigned, solely for purposes of establishing and maintaining an intranet for internal use. As applicable, references to a Subscribing Organization will include its Members, and such Members will be bound to the terms of this Agreement. You will take all steps necessary to ensure that your Members agree to be bound by the terms of this Agreement, without limitation or qualifications, and you agree to indemnify and hold harmless Verizon and its third party licensors, service providers or suppliers ("Suppliers") for any acts or omissions conducted by your Members in the course of using the Service, including but not limited to any breach of this Agreement.
   
   
2. Site Administrator. To use the Service, which includes an intranet website (a "Site"),the Subscribing Organization must complete the Site registration process. A Member must be specifically identified by the Subscribing Organization and complete the member registration form ("Registration Information"). The person who completes the Site registration ("Site Registration") is the "Site Administrator." The Site Administrator determines and is responsible for establishing and enforcing the privacy policies and security information for the Site, including but not limited to Member qualifications and requirements and the level of privileges each Member will possess. The initial Site Administrator can also select additional Site Administrators and the billing contact(s) for the Service. The Site Administrator is responsible for ensuring that such person(s) accept the responsibilities of a Site Administrator.
   
   
3. Term. This Agreement shall be effective retroactive to the time of order upon acceptance and shall continue on a month-to-month basis until terminated by either party as permitted by this Agreement. Verizon reserves the right to terminate the Service (or any part thereof) with or without notice in the event (a) we cease to offer the Service, (b) you, the Subscribing Organization and/or a Member violate any terms of this Agreement (including our AUP), or (c) the Subscribing Organization assigns its rights to the Site or Site name.
   
   
4. Prices. We will give you at least thirty (30) calendar days prior notice of a price change. Your continued use of the Service after the effective date of the price change constitutes your acceptance of it. If you change your Service, you agree to pay the monthly fee that applies to your new Service. You are responsible for all charges associated with the Service, including but not limited to a) applicable taxes, b) surcharges, and c) activation and early termination fees. These charges may vary on a monthly basis; any variation will be reflected in your monthly bill. You also agree to pay any additional charges or fees applied to your account due to insufficient credit or insufficient funds.
   
   
5. Billing. Billing on your account will begin once your Service has been provisioned. We will bill you on a monthly basis using the billing method you select. Any nonrecurring charges for design fees or other such fees will be included on your first month's bill. Monthly recurring charges will be billed one month in advance; any usage charges will be billed in arrears. Verizon or its agent will bill you directly, or bill your credit card or your local Verizon telephone bill (telephone billing available in selected areas only), as you request and subject to approval by Verizon. IF YOU ELECT TO BE BILLED FOR YOUR WEBOFFICE SERVICE ON YOUR VERIZON PHONE BILL, YOUR USE OF THE SERVICE WILL CONSTITUTE YOUR AGREEMENT TO HAVE VERIZON CHARGES INCLUDED ON YOUR VERIZON LOCAL TELEPHONE BILL.
   
   
6. Payment and Late Fee. Payment to Verizon is due upon receipt of our invoice and shall be made in U.S. currency. A payment received thirty-(30) calendar days or more after the invoice date is considered past due. If your charges are billed by your Verizon local telephone company, the Late Fee applied will be equal to the late payment charge that your local telephone company applies. If your charges are not billed by your Verizon local telephone company, you agree to pay late fees equal to the amount due plus interest of 1.5% for each month or part of a month (or the maximum interest allowed by law, whichever is less). Verizon may assign unpaid delinquent charges to a collection agency for action. If we use a collection agency or take legal action to recover monies due, you agree to reimburse Verizon for all expenses we incur to recover such monies (including attorney's fees). You also authorize Verizon to conduct a credit search that we may use to determine your credit worthiness. Verizon may cancel your order or terminate this Agreement if, in our sole judgment, the results of such credit search are unacceptable.
   
   
7. No Warranties. ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES OR SUPPLIERS SHALL NOT CREATE A WARRANTY OF ANY KIND REGARDING THE SERVICE OR YOUR USE OF IT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, VERIZON AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROVISIONING AND PERFORMANCE OF VERIZON WEBOFFICE SERVICE IS SUBJECT TO OTHER FACTORS, INCLUDING WITHOUT LIMITATION, COMPUTER/SERVER CONFIGURATION AND CAPABILITIES AND NETWORK/INTERNET PERFORMANCE, AMONG OTHER FACTORS BEYOND OUR CONTROL, AND ARE NOT WARRANTED. IN THE EVENT YOUR SERVICE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR VERIZON NOR ITS SUPPLIERS SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY VERIZON-PROVIDED EQUIPMENT). NEITHER VERIZON OR ITS SUPPLIERS WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY VERIZON WILL MEET YOUR NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE.
   
   
8. Your Responsibilities; Registration; Limitations on Use Registration Information, personally identifiable information ("Personal Information") and any other information stored, publicly posted or privately transmitted through or on the Service by the Subscribing Organization or its Members ("Site Information"), is Your sole and exclusive responsibility. The Subscribing Organization must evaluate and bear all risks associated with the use of any Registration Information, Personal Information and Site Information and any other information or products obtained from the Service, including any reliance on the accuracy, completeness or usefulness thereof. You, either as an individual or acting as the Site Administrator on behalf of and as an authorized representative of the Subscribing Organization and all its Members, and on behalf of each Member (from whom you will obtain an unqualified and unconditional agreement to comply with the terms of this Agreement and naming Verizon and its Suppliers as third party beneficiaries) hereby represent and warrant that you are eighteen (18) years of age or older, that you have the legal authority and capacity to enter into this Agreement and use the Service and that the information you supply to us is correct and complete. You agree that you are solely responsible for all use of the Service and the manner in which the Service is used by you or anyone who uses the Service, with or without your permission. You may not resell, distribute, use on a timeshare, franchise or service bureau basis, or use the Service to operate a Web-site or otherwise directly generate income from the Service. You will not modify, make derivative works of, disassemble, decompile or reverse engineer the Service or any component thereof. You will not provide inaccurate, incomplete, outdated or misleading Registration Information or e-mail addresses, create a false identity or manipulate identifiers to mislead or to disguise the origin of any information stored on the Site or transmitted through the Service, or impersonate or otherwise misrepresent any affiliation with any person or entity. You will not modify, use, download, publish, upload, post, transmit, transfer, sell, reproduce, create new or derivative works from, license, distribute, perform, display, broadcast, exploit or otherwise copy any portion of the Service, Site or any Site Information, or any products or other services (including software) obtained therefrom, or permit access to the same by any unauthorized person or entity. You will not attempt to gain unauthorized access to the Service, content, other Sites, Registration Information, Site Information or Personal Information, or other computer systems, servers or networks connected to the Service. You understand and agree that Your use of the Service is at your own risk and that you are subject to all applicable laws and regulations, and that you may use the Service only within the United States. You are responsible for monitoring the content and use of and access to the Site and the Service, and/or any use of and access to the Service by minors whose use and/or access you authorize. Without limitation, you agree you will use the Service and the Site only in accordance with the terms of this Agreement.
   
   
9. Limitations on Content. Your placement of content on the Service does not constitute any endorsement of such content by Verizon or its Suppliers. By transmitting, uploading, posting or submitting any content to the Service, you agree (i) that such content is not confidential, secret or proprietary information belonging to you or someone else; and (ii) that no other person has rights to the content and that your use, display or transmission of content does not violate any trademark, copyright or other intellectual property laws relating to it. Any web sites linked to or from the Service are not reviewed, controlled, or examined by Verizon or its Suppliers and neither Verizon nor its Suppliers are responsible for the contents of any such Sites or any links. ANY DEALINGS THAT YOU HAVE WITH THIRD PARTIES REGARDING THE SERVICE ARE SOLELY YOUR RESPONSIBILITY AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD VERIZON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS HARMLESS FROM ANY LIABILITY OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY CLAIMS AGAINST VERIZON RESULTING FROM YOUR USE OF THE SERVICE OR SUCH RELATIONSHIPS.
   
   
10. Registration Code, Password Protection. Upon registration, you as an individual or on behalf of the Subscribing Organization, will select a Site Name and a password, and you will be assigned a registration code (unless utilizing the "Anyone May Join" membership option, in which case no registration code is required). Verizon will use reasonable efforts to assign to you the Site Name that you select. However, Verizon reserves the right to reject or terminate use of a Site Name if it has been previously assigned to another user or if Verizon, in its sole discretion, determines (a) the Site Name is offensive or its use violates applicable law, (b) that multiple Sites have been registered by you (including Your Members) to avoid purchasing incremental storage space, or simply to reserve Site names without the intent to use them, (c) you have selected or use a Site Name of another party with the intent to impersonate that party, (d) the Site Name contains, may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of any party, (e) you or the Subscribing Organization (including its Members) have reserved more than ten Site Names or Sites or (f) you or the Subscribing Organization have created multiple "free trial" Sites for the purpose of avoiding subscription fees. If Verizon rejects or terminates use of a Site Name because of a violation or threatened violation of this Section 10, it may elect, at its sole discretion and without prior notice: to select an alternate Site Name, to allow you to promptly select another acceptable Site Name, and/or to terminate the Service as provided in Section 3. You are responsible for maintaining the confidentiality of the registration code (if applicable), the passwords, the Site Information and of all information that is transmitted through the Service, for selecting those who have access to the Site and their privileges, for any and all usage and activities that occur in connection with the registration code (if applicable), passwords, Site Name, Site Information and Site, and for all Site Content. The sharing of user login names and/or passwords by more than one individual to avoid the payment of Member fees constitutes a violation of this Agreement. You will notify Verizon immediately of any known or suspected unauthorized use, activities or disclosure of the Site or any information, or any other breach of security. Verizon will not be liable for any failure by you or by those to whom you provide access to the Site to comply with this Section 10 or any other provision of this Agreement. In the event that a dispute arises over the rightful control of any Site, Verizon will have no obligation to any party to continue to grant access to the Site except under an order from a court of competent jurisdiction.
    
    
11. Storage Capacity; Usage. Storage space is currently provided in accordance with the Verizon price list and you may not be permitted to store data or information at the Site in excess of any applicable space limitations on your account. You agree that Verizon is not responsible or liable for any insufficient storage capacity or the deletion or failure to store data or information. You may not exceed any applicable file download or bandwidth usage limitations that Verizon may establish from time to time for the Service. Violation of any file download or bandwidth usage limitations may result in bandwidth restrictions on your Service, limitation on the number of emails you may transmit through the Service, or suspension or termination of your Service. Verizon reserves the right to investigate the validity of any complaint presented to it which alleges that any Site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way that violates these Terms. Such investigation may include logging on to the Site and/or reviewing any data or information contained therein. In the event of termination of your Service, Verizon or its Suppliers will remove and/or permanently delete from their servers all of your or the Subscribing Organization's and its Member's Site Information, Registration Information and Personal Information and/or all backup copies thereof, without further notice and without liability to you or the Subscribing Organization, its Members or any third party. In the event that Verizon reasonably believes that the Service is being used for illicit or unlawful purposes, Verizon reserves the right to contact the appropriate law enforcement agencies, and/or immediately remove and/or permanently delete the Site Information, Registration Information and/or Personal Information. 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. If you or a Subscribing Organization is found in violation of this Agreement, you or they may not re-register for or continue to use the Service in any manner.
    
    
12. Protection of Data and Access to the Service by Verizon. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ALL CONTENT ON YOUR SERVICE AND FOR THE PROTECTION, STORAGE, BACK-UP AND SECURITY OF YOUR DATA, CONTENT, SOFTWARE, COMPUTER NETWORK AND OTHER FACILITIES, AS WELL AS YOUR CHOICE OF EQUIPMENT AND USE OF THE SERVICE. You agree to provide us with the access to and support regarding the Service upon request. Verizon does not filter or monitor Content displayed or stored although we reserve the right to do so. WE RESERVE THE RIGHT TO ACCESS, DISABLE OR SUSPEND YOUR SERVICE, TAKE DOWN CONTENT OR TO TAKE ANY OTHER ACTION WE DEEM APPROPRIATE REGARDING YOUR SERVICE AND/OR CONTENT IN THE EVENT WE HAVE REASON TO BELIEVE IT CONTAINS ILLEGAL MATERIAL, IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL REQUEST OR TO PROTECT THE NETWORK, VERIZON OR OTHER INTERNET USERS. Verizon and/or its Suppliers regularly back up Site Information stored on the Site, and store such information for a limited time. Subject to the limitations set forth herein, upon your request and payment of the then-current fee, we will make reasonable efforts to restore deleted Site Information. Neither Verizon nor its Suppliers will have any liability for any failure to back up or restore such Site Information, or for interruption, delay or suspension of access to or unavailability of a Site, or any loss of such Information, data or transmissions.
    
    
13. Notices Regarding the Service. From time to time we may send you information relating to the Service (including password information and revisions to this Agreement) via electronic mail to the email contact address that you provide and you agree to check your email box and your Verizon.net email box (if any) for such notices. You consent to our distribution of such information to you electronically and you agree to check your email box periodically for account related information. Please review your account profile periodically to ensure that your email address is current.
    
    
14. Revisions to Terms of Service. You agree that we may revise the terms and conditions of this Agreement and any related policies from time to time by posting such revisions to the Verizon business website at http://business.verizon.net/policies/tos.asp. (the "Website") and to the Announcements page located at http://business.verizon.net/announcements. We may also send you a notification of such revisions to the email address you provide to us and/or to your Verizon.net email address (if any). Revisions to the Agreement are effective upon posting to the Website or such other date that we select and your continued use of the Service after the effective date of the revisions constitutes your agreement to the revised Agreement. If you do not agree to the revised Agreement, you must terminate your Service immediately. If you terminate your Service because a revision constitutes a material change to the Service, no early termination fees will apply.
    
    
15. Indemnification. You agree to indemnify and defend Verizon and its Suppliers ("Indemnitees") and hold Indemnitees harmless from any damages, costs (including attorneys' and experts' fees) and liabilities incurred from any claim, lawsuit or cause of action of any sort arising from your use of the Service, or the use of the Service by others, or breach of this Agreement. In such event, you agree to conduct the defense and to control the litigation and settlement, if any; provided that, you may not to agree to any judgment or enter into any settlement that adversely affects our rights or interests or requires Verizon or its Suppliers to admit any liability or to pay money or offer in-kind services without our prior written consent. We agree to give you prompt notice of all claims and to cooperate in defending against the claim. THE PARTIES DISCLAIM ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
    
    
16. Compliance with laws. You agree not to use, or permit others to use, the Service in ways that (i) violate any law, rule or applicable regulation or our AUP or other policies, (ii) infringe the privacy or intellectual property rights of others, or (iii) interfere with the users, services, or equipment and software of our network, other networks or other Internet users. By way of example and not limitation, you agree not to distribute unsolicited electronic mail (i.e., spam); propagate computer worms, viruses or other destructive programs, use a false identity; or distribute or store child pornography, obscene or defamatory or copyrighted material. 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) without notice in the event that your use of the Service, in our sole judgment, violates any terms of this Agreement, or otherwise adversely affects or threatens any Verizon network or service, any Supplier, customer or employee, or if you are determined to be a repeat infringer under our repeat infringement policy set forth in our AUP. We also reserve the right to provide information about your account and your use thereof to third parties as required or permitted by law.
    
    
17. Customer Equipment. You are solely responsible for obtaining and maintaining any equipment, network connections and software necessary to use and access the Service.
    
    
18. Termination for Default. Either party may terminate or cancel this Agreement if the other fails to cure a material breach of the Agreement within thirty (30) calendar days after receiving written notice of the breach. We reserve the right, but assume no obligation, to suspend performance immediately if you are more than thirty (30) calendar days overdue in payments or if, in our reasonable judgment, you have violated any provision of this Agreement, including our AUP.
    
    
19. Government Entities. 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 Suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement, or any modification.
    
    
20. U.S. Export Laws. You acknowledge that the Service is subject to U.S. export control laws and regulations. You represent that you are not a citizen of an embargoed country or prohibited end user under applicable U.S. export and anti-terrorism laws, regulations and lists. You will not use, export or allow a third party to use or export the Service in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations.
    
    
21. LIMITATION OF LIABILITY. IN NO EVENT SHALL VERIZON OR ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR (A) ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY.
    
    
22. LIMITATION OF DAMAGES. VERIZON'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY NON-INSTALLATION, SECURITY BREACH, FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAID BY YOU UNDER THE APPLICABLE SERVICE AGREEMENT DURING THE 6-MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THESE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    
    
23. Third Party Beneficiaries. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO VERIZON'S SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
    
    
24. Changes, Additional Features or Updates to the Service. Verizon reserves the right to make changes to the Service or any portion thereof at any time and without advance notice. If such a change adversely affects your use of the Service, and we cannot reasonably mitigate the impact, then, as your sole and exclusive remedy, you may terminate the Service without further obligation. Verizon may also, from time to time, make available to you additional features ("Additional Features") that may enhance, provide additional functionality or improve delivery and use of the Service. You may elect to obtain those Additional Features when available pursuant to specific terms and conditions and other instructions provided by Verizon on the Subscription Change page. Certain Additional Features may require payment of an additional charge. Your use of an Additional Feature is at all times otherwise subject to the terms and conditions of this Agreement.
    
    
25. Force Majeure. If the performance of any obligation hereunder is interfered with by reason of any circumstance beyond our reasonable control, including but not limited to acts of God, labor strikes and other labor disturbances, power surges or failures, or the act or omission of any third party, we shall be excused from such performance to the extent necessary, provided that we shall use reasonable efforts to remove such causes of nonperformance.
    
    
26. Publicity. You shall 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.
    
    
27. Choice of Law. Except as otherwise required by law, 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 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.
    
    
28. Miscellaneous. The terms and conditions of this Agreement supersede all previous agreements, proposals or representations related to the Service. You may not assign this Agreement without our prior written consent. We may freely assign this Agreement. Any changes to this Agreement, or any additional or different terms in your purchase orders, acknowledgments or other documents, will not be effective unless expressly agreed to in writing by us. Any notices or demands or other communications which under the terms of this Agreement or under any statute must or may be given or made by either party shall be in writing to the respective parties as set forth herein. Notices to us shall be to the attention of the Legal Department. Either party may change the notice address or addressee by giving notice thereof to the other party. Notices may be given to the address listed below* by first class U.S. mail, or nationally recognized overnight express courier. Notices shall be deemed to have been given on receipt if delivered by overnight express courier or three (3) days after delivery to the United States Postal Service if mailed. If any of the terms or conditions in this agreement are found to be invalid or unenforceable by a court or government body, the remaining terms or conditions of this agreement shall not be affected by the finding and shall continue to apply as necessary to reflect the original intention of the parties. Verizon's failure at any time to enforce any provision of this Agreement or any right or remedy available hereunder or at law or equity, or to exercise any option herein provided shall in no way be construed to be a waiver of such provision, right, remedy or option or in any other way affect the validity of this Agreement. The exercise by Verizon of any rights, remedies or options provided hereunder or at law or equity shall not preclude or prejudice Verizon from exercising thereafter the same or any other rights or remedies or options.
    
    GTE.Net LLC d/b/a Verizon Internet Solutions
    4055 Corporate Drive, Suite 400
    MC: GA1A05, Legal Dept.
    Grapevine, Texas 76051
    
    
29. Service Cancellation. If you wish to cancel your Service, you may do so by calling us at 1-888-861-6375 . Activation or set-up fees paid are not refundable.
    
    

ATTACHMENT A

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.


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