TERMS OF SERVICE FOR THE VERIZON COLLABORATION CENTER TRIAL

THESE TRIAL 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. 

These Trial Terms of Service are entered into by the subscriber ("Customer"), and Verizon Online LLC, or its affiliates as set forth herein as Attachment A hereto ("we", "our", "us", "Verizon"). This Agreement is comprised of the terms and conditions set forth below, as well as our Privacy Policy located at http://business.verizon.net/policies/privacy.asp. and our Acceptable Use Policy ("AUP"), as set forth at http://business.verizon.net/policies/acceptable_use.asp (collectively "Agreement") and sets forth the terms and conditions under which you agree to participate in the Verizon Collaboration Center Trial, as defined below. Your acceptance of the Agreement indicates your agreement to comply with this Agreement regarding your use of the Service, as defined below. 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. Trial Purpose. The purpose of this trial ("Trial") is to evaluate the Service, and provide the Customer the opportunity to use the Service, at no cost and for a limited time, made available via the internet through the Verizon Small Business portal located at http://business.verizon.net/ or such additional or successor URL(s) designated by Verizon. The term "Service" shall mean the Verizon Collaboration Center Service, including any features, functions and/or applications that are included with the Verizon Collaboration Center Service, or are purchased as an additional feature(s) of the Verizon Collaboration Center Service. The Service includes "Web Meeting" which is a service designed to enable the sharing of documents and applications on the Web and to allow business professionals to communicate through interactive online meetings, and the "Verizon Collaboration Center Account" which is an intranet suite of features including, but not limited to, certain business productivity tools and document storage. 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 Collaboration Center meetings hosted by you or that are linked either to or from the Service. "You" refers to the individual who registered and/or provided Verizon his or her credit card or other payment mechanism for the Service or, if an authorized individual is purchasing the Service on behalf of an entity, then "You" refers to such entity. By registering for the Service, you agree to access the Service through the Verizon Small Business portal located at http://business.verizon.net/ or such additional or successor URL(s) designated by Verizon. To use the Service, which includes an intranet website (a "Site"), you must complete the Site registration process ("Site Registration"). If you complete the Site Registration on behalf of yourself or an entity, you may also be referred to as the "Site Administrator." The Service, and all information, products and services contained or described in the Service or any linked Sites, may be accessed and used solely by You for the sole purpose of establishing and maintaining an intranet for your internal use. If you are registering for the Service on behalf of an entity, additional individuals of the entity that use the Service will be "Named Users". Additional individuals who may be invited to a Web Meeting or have access to a Collaboration Center Account will be "Guest Users". The individual designated by the Site Administrator to create and host a Web Meeting will be referred to as a "Named Host".
2. Trial Offer. We will provide to you, at no additional charge, during the Trial term only, full access to a Verizon Collaboration Center Service five (5) user pack, which includes one (1) unit of Web Meeting, to allow for you, as the host of online meetings to invite up to four (4) attendees. As part of the Service, you will have access to up to 10 GB of online storage for your Content. The offer does not include any “Additional Features, as defined in Section 28 below. If you wish to purchase Additional Features, or would like more information, please refer to the Service's On Demand Services Store. This Trial offer, and participation in the Trial, is non-transferable. Verizon reserves the right, in its sole discretion, to accept or reject Trial participants. You may enroll in the Trial only one time. You understand that we do not provide telephone technical support for the Service. The Service may be accessed from any suitable Internet connection. Verizon does not guarantee continued Service to you after the Trial and we reserve the right to cancel the Trial or your participation in the Trial at any time and for any reason.
3. Trial Term. The term of the Trial shall be for thirty days (30) days beginning on the date your Service is provisioned. Verizon reserves the right to extend the Trial up to ninety (90) additional days in its discretion. You will be provided instructions on how to begin the Trial upon registration.
4. Billing and Payment Obligations During the Trial. You agree to pay Verizon for any additional charges for Additional Features not included in the Trial offer, if any. Furthermore, you are responsible for any long distance or toll charges billed to you by your carrier in connection with the Service.
5. Your Duties As A Trial Participant. Verizon may require your participation in certain tests that will enable Verizon to evaluate the Service. You agree to participate in these tests and to provide feedback when requested. Information you provide to Verizon will be used solely for the purpose of evaluating the effectiveness of the Service and will not be provided to any person or entity outside of Verizon or its authorized agents or contractors participating in the Trial.
6. Purchase of the Service during the Trial. You may purchase the Service at anytime prior to the expiration or termination of the Trial, subject to your agreeing to the current terms and conditions governing the Service, including without limitation, applicable payment terms. Your Content used or provided during the Trial may be retained and available in the newly purchased Service; however you must retain the same credentials used to sign up for the Trial. If you wish to purchase the Service, you must purchase Verizon Collaboration Center and Web Meeting separately.
7. What Happens After the Trial. Upon conclusion of your Trial, you will no longer be able to access your Content. If you wish to remove your Content stored in the designated storage area of your Trial Connect Account, you must do so before the end of your Trial. If you elect to subscribe to the Service either during or after the Trial, you will be subject to any early termination fees that may apply to the Service or bundles of services to which you subscribe.
8. 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 THE VERIZON COLLABORATION CENTER 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 NOR 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.
9. Your Responsibilities; Registration; Limitations on Use. A Named User, Named Host or Guest User must be specifically identified by You in order to complete the member registration form ("Registration Information"). Registration Information, personally identifiable information ("Personal Information") and any other information stored, publicly posted or privately transmitted through or on the Service by Named Users ("Site Information"), is your sole and exclusive responsibility. You 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 may register as many Named Hosts as you desire, subject to the Service plan limitations. In addition, in no event will the number of Guest Users able to access the Service at any one time exceed the number of paid Named Users associated with your account. You will take all steps necessary to ensure that your Named Users, Named Hosts and Guest Users 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") from and against any acts or omissions conducted by your Named Users, Named Hosts, or Guest Users in the course of using the Service, including but not limited to any breach of this Agreement.
   
   You will determine and be responsible for establishing and enforcing the privacy policies and security information for the Site, including but not limited to Named User, Named Host and Guest User qualifications and requirements and the level of privileges each Named User, Named Host or Guest User will possess. You can also select additional Site Administrators and billing contact(s) for the Service.
   
   You must establish a primary email account in order to use the Service. If you wish to change your primary email address, you must notify us of your new primary email address. If you do not notify us of your new email address, all of your Content and the Content associated with any Named Users, Named Hosts and Guest Users will be deleted. If you use Verizon-provided email service, You are subject to Verizon’s email and anti-spam policies, including limitations on the number and/or size of email messages that may be sent during a given time period, as well as limitations on the number of permissible recipients for an email. Verizon reserves the right, in our sole discretion, to provide the level of security we deem appropriate to safeguard our network and customers, and other Internet users, against Internet threats or abuses including, without limitation, viruses, spam, phishing attacks, identity theft and any other potentially disabling or harmful threat. These security measures may include, but are not limited to, the use of firewalls and blocklists to block potentially harmful or abusive emails or attachments, the use of anti-spam filters, anti-virus or anti-spyware software, or the blocking selected ports. Such activities may result in the blocking, filtering or non-delivery of legitimate and non-legitimate email sent to or from your email account. By using Verizon-provided email service, you agree that delivery and receipt of email is not guaranteed and you also agree to Verizon’s use of Internet and email security measures that we, in our sole discretion, deem appropriate.
   
   You, either as an individual or acting as the Site Administrator on behalf of and as an authorized representative of an entity and all its Named Users, and on behalf of each Named User (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 there from, 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.
10. 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 the 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.
11. Software Provided.
    1. Verizon may provide to You, at no cost or for a fee, software owned by Verizon or its third party licensors, providers or suppliers (collectively, “Suppliers”) in connection with the Services (“Software”). You may use the Software in object code form only and only in connection with your use of the Service and for no other purpose. The Software may be accompanied by an end user license agreement from Verizon or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software unless you first agree any applicable license agreement.
    2. If the Software is not accompanied by an end user license agreement from Verizon or a third party, you are hereby granted a personal, revocable, non-exclusive, non-transferable license by Verizon or its Suppliers, to use the Software (and any updates and upgrades thereto) solely in connection with your use of the Service.
    3. You understand and agree that the Software is the confidential information of Verizon or its Suppliers, that it contains copyrighted material, trade secrets, patents, and proprietary information owned by Verizon and/or its Suppliers, and that you will not disclose or provide the Software to others or use it except as expressly permitted herein. 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, providers or suppliers 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. We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
    4. IF AT ANY TIME DURING THE TERM OF THIS AGREEMENT VERIZON PROVIDES YOU WITH FREE OR FOR-FEE SOFTWARE OR EQUIPMENT, YOU AGREE THAT YOUR SOLE RIGHT TO RECOURSE, IF ANY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR FAILURE OF SUCH SOFTWARE TO PERFORM OR FOR PERSONAL INJURY OR DATA LOSS, IS AGAINST THE MANUFACTURER OF SUCH SOFTWARE OR PERIPHERAL EQUIPMENT.
    5. Verizon provides technical assistance for the Software in accordance with its policies. Unless otherwise provided, technical assistance for third party software may be provided by the Software supplier in accordance with its policies or other terms.
    6. Your license to use the Software shall remain in full force and effect until it is terminated by Verizon, its third party licensors, providers or suppliers, or until this Agreement expires or is terminated.
12. Deletion of Software Upon Termination. Upon termination or expiration of this Agreement, you agree to cease use of all provided Software and immediately delete such Software from your computer.
13. Deletion of Data upon Termination. YOU AGREE THAT IF YOUR SERVICE IS TERMINATED FOR ANY REASON, VERIZON HAS THE RIGHT TO IMMEDIATELY DELETE ALL DATA, FILES AND OTHER INFORMATION (INCLUDING EMAILS, ADDRESS BOOK AND CONTENT) STORED IN OR FOR YOUR ACCOUNT WITHOUT NOTICE TO YOU.
14. Registration Code, Password Protection. You are responsible for maintaining the confidentiality of any 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 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 Named User 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 14 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.
15. Storage Capacity; Usage. Storage space is provided in accordance with the usage limitations under this Trial and you will 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 restrictions on your use of the 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 this Agreement. Such investigation may include accessing 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 entity’s, and its Named User's Site Information, Registration Information and Personal Information and/or all backup copies thereof, without further notice and without liability to you or the entity, its Named Users 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 to be in violation of this Agreement, you or they may not re-register for or continue to use the Service in any manner.
16. 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 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.
17. 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.
18. 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.
19. 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 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.
20. 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.
21. Customer Equipment. You are solely responsible for obtaining and maintaining any equipment, network connections and software necessary to use and access the Service.
22. 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.
23. 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. Specifically, this clause applies to all use of the Service by or for the United States government, or any other government or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the United States government. Use of the Service by users involves incidental access to or use of commercial computer software developed exclusively at private expense, and which in all respects comprise proprietary data belonging to Verizon or its Suppliers. By acquiring the Service, the government hereby agrees that this software qualifies as “commercial” computer software within the meaning of the acquisition regulation(s) applicable to this procurement. The acquisition or use of the Service does not include the acquisition or delivery of any of Verizon’s or its suppliers’ software or any rights therein. The terms and conditions of this clause shall govern the government’s use of the Service, and shall supersede and take precedence over any conflicting contractual terms or conditions. If this provision fails to meet the government’s needs or is inconsistent in any respect with Federal law, the government agrees to decline access to, or use of, Verizon’s or its suppliers’ software.
24. 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.
25. 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.
26. 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.
27. Third Party Beneficiaries. YOU ACKNOWLEDGE AND AGREE THAT ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO VERIZON'S SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
28. 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 and third party provided applications that work with the Service ("Additional Features") that may enhance, provide additional functionality or improve delivery and use of the Service. You agree to abide by any third party application provider’s terms and conditions provided to you in connection with any Additional Features. 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, as well as any other applicable terms and conditions provided with the Additional Feature.
29. 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.
30. 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.
31. 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.
32. 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.

    Verizon Online LLC
    4055 Corporate Drive, Suite 400
    MC: GA1A05, Legal Dept.
    Grapevine, Texas 76051

33. If you have any questions about the Trial, you may contact us using the Online Chat feature located on the Verizon Small Business Portal.

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.