AT&T Small Business Service Agreement

Transcription

AT&T Small Business Service Agreement
AT&T reserves the right to, from time-to-time, withdraw Services provided under this Agreement upon Notice
to Customer. AT&T also reserves the right to, from time-to-time, add Services available under this
Agreement or to otherwise modify the incorporated Service Guide(s), and notice of such an addition or
modification will be made via posting to the website att.com/sbs.
Products and Service Available under this agreement are:
AT&T Smart Business Suite………………………………………………………………….. Page 2 - 8
AT&T SBS Business in a Box® - High Speed Internet Basic
AT&T SBS Business in a Box® - High Speed Internet Enhanced
AT&T SBS IP Flexible Reach and AT&T Business in a Box® Basic
AT&T SBS IP Flexible Reach and AT&T Business in a Box® Enhanced
AT&T Business in a Box® – High Speed Internet……………………………………… Page 9-12
IP Flexible Reach and AT&T Business in a Box®………………………………. Page 9-12
IP Flexible Reach and AT&T Business in a Box® area plan………………………….. Page 9-12
AT&T Tech Support 360SM …………………………………………………………………... Page 13-14
AT&T Web Hosting …………………………………………………………………………… Page 15-16
AT&T Managed Internet Service (MIS)……………………………………………………. Page 17-19
AT&T Mobility Services………………………………………………………………………. Page 20-33
AT&T U-verse High Speed Internet – Business Edition…………………………………Page 34-46
AT&T High Speed Internet Direct Business Edition……………………………………..Page 47-59
AT&T Long Distance Toll Free Service……………………………………………………..Page 60
AT&T Toll Free Advanced Features…………………………………………………………Page 61-62
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© 2011 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo and all other marks contained herein are trademarks of AT&T
Intellectual Property and/or AT&T affiliated companies.
Version: 12012011
AT&T Smart Business Suite
AT&T Smart Business Suite ("Service") package options and prices are described in the chart below. Each package
has Service Components, including, but not limited to, Business Local Service and Mobility Services. The Service
Components for each package are detailed in the Service Publication, provided at the link in the chart below. (The
Business Local Calling Service Component is the AT&T Business Local Calling Assurance℠ which is provided
pursuant to tariffs filed with each State's Public Utilities Commission, and, where applicable, in a States' Price List or
Guidebook. The Service Publication site shown below provides a link to the relevant Tariffs, Price Lists and
Guidebooks.).
Customer must maintain all Service Components of the subscribed-to package for the duration of any Term.
Disconnecting or otherwise cancelling a Service Component may constitute termination of the Service, and Customer
will be liable for the Early Termination Fee as further specified in Section 4 below. AT&T will periodically monitor
Customer's account to verify compliance with this requirement.
1. Products and Pricing
Package Available
AT&T SBS Business in a Box - High
Speed Internet Basic^
AT&T SBS Business in a Box - High
Speed Internet Enhanced ^
Price During Initial and Renewal
Term*
Monthly Recurring Charge: $275
AT&T SBS IP Flexible Reach and
Business in a Box Basic ^
Business in a Box Enhanced ^
Monthly Recurring Charge $610
Business in a Box Basic - area plan^^
Business in a Box Enhanced – area
plan^^
"Bolt-Ons" **
Seats*
Monthly Recurring charge: Premium
$50.00 per seat; Standard $45.00 per
seat
Monthly Recurring Charge: $37.80
per Concurrent Calls for AT&T SBS
IP Flexible Reach and Business in a
Box Basic & Enhanced.
Concurrent Calls*
Service Publication Site
att.com/sbs.
Price*
att.com/sbs.
Monthly Recurring Charge: $30.00
per Concurrent Calls for AT&T SBS
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IP Flexible Reach and Business in a
Box Basic & Enhanced- area plan.
Mobility Services*
Eligible*** Rate Plans will receive the
following discount:
20% per CRU
15% per IRU
Promotional pricing may be available based on customer eligibility.
*All current or future taxes, surcharges, fees, shipping charges, and any similar charges specified or allowed by any governmental entity are in
addition to the prices shown
** Must be associated with the package subscribed to for a specific Customer location.
***The current list of eligible Mobility Rate Plans is provided at the Service Publication link specified above
^ Available in the areas in the following 22 states where AT&T serves as the ILEC (incumbent local exchange company): Alabama, Arkansas,
California, Florida, Georgia, Illinois, Indiana, Louisiana, Kansas, Kentucky, Michigan, Mississippi, Missouri, Nevada, North Carolina, Ohio,
Oklahoma, South Carolina, Tennessee, Texas, Wisconsin.
^^ Available in areas outside the 22 states where AT&T serves as the ILEC.
2. PRODUCT TERM AND TERMINATION
"Term"
Period of
Term
"Initial
Term"
2 Years
The Initial Term commences on the date in which all Service Components are installed
("Term Start Date").
"Renewal
Term"
2 Years
Upon expiration of the Initial Term, this Agreement will renew for a Renewal Term of
two (2) years, unless either Party notifies the other no less than sixty (60) days prior
to the expiration of the Party's intent to allow the Agreement to expire.
Term Start Date
Service Components may be installed prior to the Term Start Date ("Ramp-Up Period"), and during the Ramp-Up
period customer will be liable for the Service Component charges from the date of the installation of the Service
Component, the usage charges incurred, and all associated taxes, surcharges and fees.
3. Withdrawal of Services. AT&T may discontinue offering or providing the Service or a Service Component to
Customer upon thirty (30) days written notice or as required under applicable law or regulation and in any event
only where AT&T generally discontinues providing the Service or a Service Component to similarly-situated
customers. AT&T will use commercially reasonable practices in determining the timing of an Service or Service
Component withdrawal.
4. Early Termination Fee. Except as described in Section 5 below, If Customer, cancels or otherwise
discontinues the Service prior to the expiration of the Initial Term or Renewal Term, Customer is liable for an
Early Termination Fee equal to 50% of the monthly recurring charges for the Service at the time of the
termination, times the number of months remaining in the then in-effect Term plus, if applicable, the Customer
will also be liable for reimbursement of any one- time credits or payments. Customer must maintain all Service
Components at all times during a Term, disconnecting or otherwise cancelling a Service Component prior to the
expiration of the Term may constitute early termination of the Service, and Customer will be liable for the Early
Termination Fee. If applicable, Customer will also be liable for the Early Termination Fee or Cancellation Fee
associated with a disconnected Bolt-On service. In addition to any applicable Early Termination Fee, if Customer
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cancels or otherwise disconnects a Mobility Service Bolt-On, Customer is liable for a Cancellation Fee for that
Bolt-On; the Cancellation Fee is described under Section 6.
a. Mobility Device Upgrade Impact. If Customer terminates the Service prior to the expiration of the
Initial or Renewal Term, and concurrently decides to subscribe to Mobility services then: i)
Customer may retain its Mobility telephone numbers and devices, and will be bound by the then ineffect terms and conditions for the AT&T Mobile Business Agreement, (as further described in
Section 6 below); and, ii) the term for that Mobility arrangement will commence on the date the
Service is terminated; and, iii) if Customer had upgraded its Mobility device(s) during the
terminated Initial or Renewal Term and subsequently terminates the subscribed-to AT&T Mobile
Business agreement prior to 2 years after the upgrade of the device(s), then Customer is liable for
a cancellation fee as follows: If the mobility device upgrade includes the purchase of certain
specified equipment on or after June 1, 2010, the cancellation fee will be $325 minus $10 for each
full month that has expired on that Agreement. (For a complete list of the specified equipment
check att.com/equipmentETF.) Otherwise, the cancellation fee will be $150 minus $4 for each full
month that has expired on that Agreement. Notwithstanding the foregoing, for mobility device
upgrades including equipment purchased prior to June 1, 2010, the cancellation fee will be $175
minus $5 for each full month that has expired on that Agreement.
5. 30-Day Satisfaction Guarantee. If within 30 days of the Initial Term Start Date Customer is not satisfied with
the Service for any reason, Customer may disconnect the Service without an Early Termination Fee, provided,
the order for disconnecting the Service is effective no later than the 30th calendar day after the Initial Term Start
Date. To take advantage of this Satisfaction Guarantee, Customer must contact AT&T in a manner acceptable to
AT&T to place the order of disconnect. Customer will be liable for all usage charges and any 3rd Party charges
incurred prior to the disconnection of the Service as well as all associated taxes, surcharges and fees. The
Buyer's Remorse provisions regarding your Mobility Device are not modified by this Section. The applicable
provisions for the Mobility Device Buyer's Remorse period are provided in the applicable Mobility Service Guide.
6. AT&T Smart Business Suite Mobility Services
a. "Mobility Services" means the AT&T Mobile Services, Equipment, Optional Products and
Supplemental Services provided by AT&T under this Agreement. "Mobility Services" has the same
meaning as "Services" for purposes of the AT&T Mobile Services Service Guide. Only Customer
and its current W-2 employees and/or individuals who receive a K-1 form from Customer
(collectively, ―Employees‖) are eligible to receive Mobility Services under this Agreement.
Employees receive Mobility Services either (a) under Customer’s account (―Corporate
Responsibility Users‖ or ―CRUs‖), or (b) under individual accounts in accordance with the
Sponsorship Program described in the AT&T Mobile Services Service Guide (―Individual
Responsibility Users‖ or ―IRUs‖; collectively with CRUs, ―End Users‖).
b. Additional Definitions: Capitalized terms used in, but not defined in, this Agreement with regard
to the Mobility Services have the meanings set forth in the AT&T Mobile Services Service Guide.
c. Plans and Sales Information. The pricing, terms and conditions of the Mobility Services depend
upon the Plan, feature, promotion or other offer selected by Customer and/or its End Users.
Certain terms and conditions are set forth in the Enterprise Customers: Additional Service and
Equipment Related Terms found at att.com/abs-addtl-terms; product-specific pricing and/or
additional product-specific terms and conditions are set forth in separate product briefs and rate
brochures, at wireless.att.com/businesscenter, and/or in other AT&T marketing materials. Such
Enterprise Customers: Additional Service and Equipment Related Terms and other online and
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printed product materials are referred to collectively in this Agreement as ―Sales Information‖ and
incorporated herein by reference. Customer and its End Users must qualify for the chosen Plan,
feature, promotion or other offer. If End Users lose their eligibility for a particular Plan, AT&T may
change their Plan to one for which they qualify.
d. Business Plans: AT&T will, from time-to-time, provide Mobility Services under certain Plans
designated as Business Plans (such Plans referred to here as "Plans" or "Business Plans"). All
Business Plans will be available to Customer and its Corporate Responsibility Users ("CRUs"), but
only select Business Plans (identified as such) will be available to Individual Responsibility Users
("IRUs"). If Customer or its CRUs select a Business Plan, Customer will be bound by the rates,
terms and conditions in the AT&T Mobile Services Service Guide for such Business Plan. If an IRU
selects a Business Plan, the IRU will be bound by the rates, terms and conditions in the Sales
Information for such Business Plan.
e. Prohibited Uses. In addition to the termination provisions set forth in this Agreement, the
termination provisions in the Sales Information apply to Consumer Offers purchased by CRUs and
the following termination provision applies with respect to CRUs’ use of the Business Plans.
Prohibited Uses are set forth in the Business Plan section of the AT&T Mobile Services Service
Guide. If a CRU fails to comply with the Offnet Usage restrictions, AT&T may, at its option,
terminate the CRU’s Mobility Services, deny access to Mobility Services, deny the CRU continued
use of other carriers’ coverage, or change the CRU’s Business Plan (e.g., to one that imposes
usage charges for Offnet Usage). AT&T will provide notice that it intends to take any of the above
actions, and, unless AT&T has already done so, Customer may terminate the CRU’s Mobility
Services. In addition, AT&T reserves the right to deny, disconnect, suspend, modify an/or
terminate Wireless Data Service, without notice, to any CRU who uses the Wireless Data Service
in any manner that is prohibited in order to protect AT&T’s wireless network and other users from
harm, congestion or degradation in performance. A failure by AT&T to take action in the event of a
violation of the intended purposes and terms and conditions of use of its Wireless Data Service
shall not be construed as a waiver of AT&T’s right to enforce them. Customer will be assessed any
applicable Cancellation Fees as a result of any termination by AT&T or Customer pursuant to this
Section.
f. Other Services: Rates, terms and conditions for all other Mobility Services are not stabilized
under this Agreement or otherwise (collectively, 'Consumer Offers'), are set forth in the Sales
Information. Customer will be bound by the rates, terms and conditions in the Sales Information for
any Consumer Offer that Customer or its CRUs select. An IRU will be bound by the rates, terms
and conditions in the Sales Information for any Consumer Offer the IRU selects. Any provisions
contained in the Sales Information for a Consumer Offer that, by their terms, are to exist for a
specified period of time, will survive any termination or expiration of this Agreement for that
specified period of time.
g. Regulatory Cost Recovery Charge. In addition to applicable charges, taxes, surcharges,
recovery fees, shipping charges and other similar charges described in this Agreement, AT&T may
assess and Customer will pay a Regulatory Cost Recovery Charge, which is a monthly charge on
each CRU (which may vary depending on the CRU’s locale) that is assessed and collected by
AT&T to defray AT&T's costs in complying with State and Federal telecommunications regulations,
including but not limited to providing enhanced 911 service; Federal Telecommunications Relay
Service; local number portability; and the pass through of customer-based and revenue-based
Federal, State and local assessments on AT&T. These are not taxes or government-imposed end
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user charges. AT&T may change the Regulatory Cost Recovery Charge without notice unless the
change would result in the charge exceeding $1.25 per month per CRU.
h. Optional Products: From time to time, AT&T may offer Optional Products. The rates, terms and
conditions for such Optional Products, which are not stabilized and may be changed without notice,
will be in the ―Optional Products, Services, Equipment and Programs‖ section of the AT&T Mobile
Services Service Guide and in any corresponding Sales Information. If Customer receives the
benefit of an Optional Product, Customer will be bound by the rates, terms and conditions for such
Optional Product.
i. Upon Termination of the Service. In the event Customer terminates the Service prior to the
expiration of the then in-effect Initial Term or Renewal Term, and Customer elects to maintain
Mobility service and its Mobility telephone number(s), then Customer's service will be converted to
the AT&T Mobile Business Agreement and Customer hereby agrees to the terms and conditions of
the AT&T Mobile Business Agreement which are provided at att.com/amb, as modified by the
terms in Section j below. The AT&T Mobile Business Agreement term commences on the date the
Service is terminated and Customer maintains their Mobility telephone number(s), and will continue
for a period of 2 years.
j. AT&T Mobile Business Agreement Service Discount. The following discount shall apply to the
Mobility lines of service (s) under the new AT&T Mobile Business Agreement. AT&T will provide
Customer with an eight percent discount on the Mobility Service (the "Service Discount"), as set
forth below. The Service Discount is available only when Customer has and maintains a minimum
of five separate End Users receiving Mobility Service in AT&T Markets, of which at least one is a
CRU (the "Discounting Minimum"). AT&T will monitor the number of End Users and CRUs
associated with the Agreement once each month. When Customer meets the Discounting
Minimum, AT&T will apply the Service Discount with respect to Customer's qualified End Users, as
described below, within thirty days from the date of AT&T's monthly monitoring; provided, however,
that (a) it may take up to two billing cycles from the date of AT&T's monthly monitoring for the
Service Discount to appear on qualified End Users' invoices, and (b) the Service Discount will not
be applied retroactively. When Customer does not meet the Discounting Minimum, AT&T may
immediately discontinue providing the Service Discount with respect to Customer's qualified End
Users. To qualify for application of the Service Discount, Customer's End Users must be active on
eligible Plan(s) with a monthly service charge (i.e., the set access fee charged monthly for use of a
particular plan, or "MSC") of $30 or higher (each, a "Qualifying Plan"). AT&T will apply the Service
Discount only to the MSC of each eligible End User's Qualifying Plan(s) and not to any other
charges of any kind (including, without limitation, charges for any other Plans or features). AT&T
may restrict certain Plans or certain other discount programs from qualifying for the Service
Discount and will advise Customer when such restrictions apply.
k. Mobility Device Upgrade. The Mobility Device Upgrade Impacts set forth in Section 4.a. do not
apply. If during the term of the AT&T Mobile Business agreement Customer upgrades its Mobility
device(s), customer must retain the Mobility service plan for not less than 2 years to avoid a
cancellation fee.
l. AT&T Mobile Business Service Cancellation Fee. The cancellation fee stated in Section 4
above does not apply to the AT&T Mobile Business Service Agreement. The Cancellation
Fee under the AT&T Mobile Business Agreement is as follows: For each CRU that is
terminated from Service more than 30 days after activation but prior to the expiration of the
applicable one-year or two-year CRU Term, Customer agrees to pay AT&T with respect to each
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device identifier or Number assigned to such CRU, in addition to all other amounts owed, a
Cancellation Fee in the amount specified below ("Cancellation Fee"). If the CRU Term includes the
purchase of certain specified Equipment on or after June 1, 2010, the Cancellation Fee will be
$325 minus $10 for each full month toward the CRU Term that the CRU completes. (For a
complete list of the specified Equipment, check att.com/equipmentETF. Otherwise, the
Cancellation Fee will be $150 minus $4 for each full month toward the CRU Term that the CRU
completes. Notwithstanding the foregoing, for CRU Terms including Equipment purchased prior to
June 1, 2010, the Cancellation Fee will be $175 minus $5 for each full month toward the CRU
Term that the CRU completes. The Cancellation Fee is not a penalty, but rather a charge to
compensate AT&T for Customer's failure to satisfy the CRU Term. For the avoidance of doubt,
Customer will not pay any Cancellation Fee(s) for CRUs on a zero-year CRU Term. Customer
acknowledges and agrees that porting a CRU's Number to a non-AT&T service provider before the
end of the applicable CRU Term constitutes a termination subject to the Cancellation Fee.
Customer may terminate a CRU’s AT&T Mobile Services within the first 30 days after activation
without incurring a Cancellation Fee, but equipment restocking or other fees may apply. Customer
should refer to AT&T’s returns policy at wireless.att.com/cell-phone-service/legal/return-policy.jsp,
or such other site as AT&T may designate from time to time, for additional details.
7. E911 Access with Voice over IP Service. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND
YOU AGREE TO THE LIMITATIONS OF ACCESS TO E911 WHEN USING VOICE OVER IP SERVICE, AND
YOU UNDERSTAND THAT ACCESS TO E911 FROM A VOICE OVER IP SERVICE, AND ACCESS TO E911
WHEN ORIGINATING THE CALL FROM TRADITIONAL WIRELINE SERVICE MAY BE DIFFERENT. THE
DIFFERENCES ARE FURTHER DESCRIBED IN THE DOCUMENT TITLED "E911 Access and your
Business Voice over IP Service", WHICH IS PROVIDED AT att.com/sbs .
a. The following are FCC notice/record retention/warning sticker requirements for interconnected
VoIP, found at gpo.gov/fdsys/pkg/CFR-2009-title47-vol1/pdf/CFR-2009-title47-vol1-part9.pdf
i. Customer Notification. Each interconnected VoIP service provider shall:
1. Specifically advise every subscriber, both new and existing, prominently and in
plain language, of the circumstances under which E911 service may not be
available through the interconnected VoIP service or may be in some way limited
by comparison to traditional E911 service. Such circumstances include, but are
not limited to, relocation of the end user’s IP compatible CPE, use by the end
user of a non-native telephone number, broadband connection failure, loss of
electrical power, and delays that may occur in making a Registered Location
available in or through the ALI database;
2. Obtain and keep a record of affirmative acknowledgement by every subscriber,
both new and existing, of having received and understood the advisory described
in paragraph (e)(1) of this section; and
3. Distribute to its existing subscribers warning stickers or other appropriate labels
warning subscribers if E911 service may be limited or not available and
instructing the subscriber to place them on or near the equipment used in
conjunction with the interconnected VoIP service. Each interconnected VoIP
provider shall distribute such warning stickers or other appropriate labels to each
new subscriber prior to the initiation of that subscriber’s service.
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8. Billing: AT&T will bill Customer for the Service on a monthly basis via an electronic bill, and Customer agrees
to such electronic billing, and further agrees such invoice method is reasonable. Customer may request a paper
copy of its billing statement, and AT&T agrees to provide a paper copy for a fee (Optional Media) of $7.95. AT&T
reserves the right to modify the charge for providing a paper copy or a copy in any other media form upon Notice
to Customer.
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Mini-Packages and Standalone Services
AT&T Business in a Box® – High Speed Internet
IP Flexible Reach and AT&T Business in a Box®
IP Flexible Reach and AT&T Business in a Box® area plan
For the three offers listed above, the package options and prices are described in the chart below. Each package has
Service Components, including, but not limited to, AT&T Business Voice over IP, Underlying Transport of either
AT&T U-verse High Speed Internet Basic – Business Edition ( referred to in chart below as ―Uverse‖), AT&T High
Speed Internet (referred to in chart below as HSI) , or AT&T Managed Internet Service (noted in chart below as
MIS). Business Local Calling Service is applicable to AT&T Business in a Box® – High Speed Internet (3/6Meg with
DSL), and to IP Flexible Reach and AT&T Business in a Box.
The Service Components for each package and any relevant terms and conditions that apply to a specific Service
Component are provided in the Service Publication at the link in the chart below. (The Business Local Calling
Service Component is the AT&T Business Local Calling Assurance℠ which is provided by AT&T under the
telecommunications rules and regulations of the State in which the service is installed.
The table below provides a link to the relevant Service Publication for each service component.
Customer must maintain all Service Components of the subscribed-to package for the duration of any Term.
Disconnecting or otherwise cancelling a Service Component may constitute termination of the Service, and Customer
will be liable for the applicable Early Termination Fee (see Section 4 below).
Package Available*
Speed
AT&T Business in a Box® – High Speed
Internet ****
3 or 6
Meg
Internet ****
Underlying
Transport
HSI
Price During Initial and Renewal
Term**
3 or 6
Meg
Uverse
Internet ****
12 Meg
Uverse
Internet ****
18 Meg
Uverse
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Service Publication
Site
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att.com/sbs.
Internet ****
24 Meg
IP Flexible Reach and AT&T Business in a
Uverse
MIS
MIS
Box®****
IP Flexible Reach and AT&T Business in a Box®
- area plan^
"Bolt-Ons" *
Seats*
Price**
Monthly Recurring Charge: Premium $50.00 per seat;
Standard $45.00 per seat
Monthly Recurring Charge: $35.00 per Concurrent Call for
AT&T SBS IP Flexible Reach and Business in a Box Basic &
Enhanced.
Concurrent Calls*
att.com/sbs.
Monthly Recurring Charge: $30.00 per Concurrent Call for
AT&T SBS IP Flexible Reach and Business in a Box Basic &
Enhanced-area plan
*Promotional pricing may be available based on customer and qualifying product eligibility.
**All current or future taxes, surcharges, fees, shipping charges, and any similar charges specified or allowed by any governmental
entity are in addition to the prices shown
*** Must be associated with the package subscribed to for a specific Customer location.
****Available in the areas in the following 22 states where AT&T serves as the ILEC (incumbent local exchange company): Alabama,
Arkansas, California, Florida, Georgia, Illinois, Indiana, Louisiana, Kansas, Kentucky, Michigan, Mississippi, Missouri, Nevada, North
Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Wisconsin.
^ Available in areas outside the 22 states where AT&T serves as the ILEC.
2. PRODUCT TERM AND TERMINATION
"Term"
Period of
Term
"Initial
Term"
2 Years
The Initial Term commences on the date in which all Service Components are installed
("Term Start Date").
"Renewal
Term"
2 Years
Upon expiration of the Initial Term, this Agreement will renew for a Renewal Term of
two (2) years, unless either Party notifies the other no less than sixty (60) days prior
to the expiration of the Party's intent to allow the Agreement to expire.
Term Start Date
Some Service Components may be installed prior to the Term Start Date ("Ramp-Up Period"), and during the RampUp period customer will be liable for the Service Component charges from the date of the installation of the Service
Component, the usage charges incurred, and all associated taxes, surcharges and fees.
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3. Withdrawal of Services. AT&T may discontinue offering or providing the Service or a Service Component
to Customer upon thirty (30) days written notice or as required under applicable law or regulation and in any
event only where AT&T generally discontinues providing the Service or a Service Component to similarlysituated customers. AT&T will use commercially reasonable practices in determining the timing of an
Service or Service Component withdrawal.
4. Early Termination Fee. Except as described in Section 5 below, If Customer, cancels or otherwise
discontinues the Service prior to the expiration of the Initial Term or Renewal Term, Customer is liable for an
Early Termination Fee equal to 50% of the monthly recurring charges for the Service at the time of the
termination, times the number of months remaining in the then in-effect Term plus, if applicable, the
Customer will also be liable for reimbursement of any one- time credits or payments. Customer must
maintain all Service Components at all times during a Term, disconnecting or otherwise cancelling a Service
Component prior to the expiration of the Term may constitute early termination of the Service, and Customer
will be liable for the Early Termination Fee. If applicable, Customer will also be liable for the Early
Termination Fee or Cancellation Fee associated with a disconnected Bolt-On service.
5. 30-Day Satisfaction Guarantee. If within 30 days of the Initial Term Start Date Customer is not satisfied
with the Service for any reason, Customer may disconnect the Service without an Early Termination Fee,
provided, the order for disconnecting the Service is effective no later than the 30th calendar day after the
Initial Term Start Date. To take advantage of this Satisfaction Guarantee, Customer must contact AT&T in a
manner acceptable to AT&T to place the order of disconnect. Customer will be liable for all usage charges
and any 3rd Party charges incurred prior to the disconnection of the Service as well as all associated taxes,
surcharges and fees.
6. E911 Access with Voice over IP Service. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING
AND YOU AGREE TO THE LIMITATIONS OF ACCESS TO E911 WHEN USING VOICE OVER IP
SERVICE, AND YOU UNDERSTAND THAT ACCESS TO E911 FROM A VOICE OVER IP SERVICE, AND
ACCESS TO E911 WHEN ORIGINATING THE CALL FROM TRADITIONAL WIRELINE SERVICE MAY
BE DIFFERENT. THE DIFFERENCES ARE FURTHER DESCRIBED IN THE DOCUMENT TITLED "E911
Access and your Business Voice over IP Service", WHICH IS PROVIDED AT att.com/sbs ..
a. The following are FCC notice/record retention/warning sticker requirements for interconnected
VoIP, found at gpo.gov/fdsys/pkg/CFR-2009-title47-vol1/pdf/CFR-2009-title47-vol1-part9.pdf
i. Customer Notification. Each interconnected VoIP service provider shall:
1. Specifically advise every subscriber, both new and existing, prominently and in
plain language, of the circumstances under which E911 service may not be
available through the interconnected VoIP service or may be in some way limited
by comparison to traditional E911 service. Such circumstances include, but are
not limited to, relocation of the end user’s IP compatible CPE, use by the end
user of a non-native telephone number, broadband connection failure, loss of
electrical power, and delays that may occur in making a Registered Location
available in or through the ALI database;
2. Obtain and keep a record of affirmative acknowledgement by every subscriber,
both new and existing, of having received and understood the advisory described
in paragraph (e)(1) of this section; and
3. Distribute to its existing subscribers warning stickers or other appropriate labels
warning subscribers if E911 service may be limited or not available and
instructing the subscriber to place them on or near the equipment used in
conjunction with the interconnected VoIP service. Each interconnected VoIP
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provider shall distribute such warning stickers or other appropriate labels to each
new subscriber prior to the initiation of that subscriber’s service.
7. Billing: AT&T will bill Customer for the Service on a monthly basis via an electronic bill, and Customer
agrees to such electronic billing, and further agrees such invoice method is reasonable. Customer may
request a paper copy of its billing statement, and AT&T agrees to provide a paper copy for a fee (Optional
Media) of $7.95. AT&T reserves the right to modify the charge for providing a paper copy or a copy in any
other media form upon Notice to Customer.
For additional terms and further descriptions of AT&T Business Voice over IP (BVoIP) Services go to BVOIP
Service Guide.
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AT&T Tech Support 360SM
These Terms, including the AT&T Tech Support 360SM Terms of Service referenced herein, constitute the contract
between you and SBC Internet Services, Inc. dba AT&T Internet Services ("AT&T") regarding your access to and use
of the AT&T Tech Support 360 service— including all technical support, advice, servicing and software provided as
part of the service (collectively, the "Service"). These Terms govern your purchase and use of the Service, whether
purchased through a telephone agent, or via the Internet through the AT&T Tech Support 360 website located at
https://tech360.att.com/ATT/home/index.asp, or by an on-site technician. By registering for or using the Service, you
agree to these Terms.
The Service may also include remote computing or data storage capabilities, such as computer data storage, remote
access to stored data, collaboration capabilities, and related services (collectively, "Backup and Go"). Please note
that the term "Backup and Go", as used in these Terms, covers and includes both (i) the services referred to as Tech
Support 360 Premium Plus and (ii) the Tech Support 360 Backup and Go family of services.
The Service does not include assistance with computer programming or development support. The Service is not a
hardware or software warranty or repair service. AT&T will not fix or replace broken equipment as part of the Service.
1. Product Eligibility
Internet access required for remote access to service the computer.
Products and Services Available
Service Plans
Tech Support 360 Advanced*
Tech Support 360 Premium*
Tech Support 360 Premium Plus*
Tech Support 360 Mac Premium*
Tech Support 360 Mac Premium Plus*
Tech Support 360 + Back Up Bundle*
Tech support 360 Advanced + Basic
Unix Web Hosting*
Back up and GoSM Plans
Backup & Go – Basic*
Backup & Go - Premium*
Backup & Go - Guests
Server Support
Server Support – Enhanced
Server Support – Mobile Email
Help Desk**
Help Desk 200 Minutes
13
Term
Monthly
Recurring
Charge
1, 2 or 3 Yr
1, 2 or 3 Yr
1, 2 or 3 Yr
1, 2 or 3 Yr
1, 2 or 3 Yr
1 or 2 Yr
1 or 2 Yr
$19.00
$24.00
$28.00
$24.00
$28.00
$25.00
$27.00
1, 2 or 3 Yr
1, 2 or 3 Yr
$7.00
$10.00
$2.50
1 Yr
1 Yr
$119.00
$199.00
1 Yr
1 Yr
1 Yr
3 Yr
3 Yr
3 Yr
$250.00
$485.00
$700.00
$230.00
$465.00
$680.00
NonRecurring
Charge
Additional Product Information
https://tech360.att.com/ATT/servicepackag
es.asp
https://tech360.att.com/ATT/services/subsc
ription-service-pkgs-mac.asp
http://webhosting.att.com/websitesolutions/sell-products.aspx
tech360.att.com/ATT/backupandgo.asp
https://tech360.att.com/ATT/services/server
-assistance.asp
tech360.att.com/ATT/helpdesk.asp
Version: 12012011
Products and Services Available
Term
Monthly
Recurring
Charge
NonRecurring
Charge
A-la-Carte
Smart Phone Advanced Support
$99.00
Spyware & Virus Removal
$109.95
PC Tune Up Plus
$139.95
PC Optimization
$59.95
Wireless Network Set up
$89.95
PC Diagnostic
$39.95
VDNA BIB HSI Training - 60min User
$99.00
VDNA BIB HSI Training - 90min
$149.00
Admin/User
tech360.att.com/ATT/onetimeservices.asp
Smart Phone Quick Start Basic
$59.95
BIB T1 Configuration
$99.00
60 SmartMinutes
$99.00
180 SmartMinutes
$265.00
300 SmartMinutes
$420.00
Windows 7 Upgrade Advisor
$25.95
Windows 7 Training
$45.95
Mac One-Time Services
$59.95
PC One Time Services
$59.95
Prices do not include taxes, surcharges, fees, shipping charges, and any similar charges specified or allowed by any governmental
entity.
*Subscription plans are per month/per computer.
**Help Desk Minutes can be used across multiple designated (registered) desktop or laptop computers.
3. Terms and Conditions
Your use of AT&T Tech Support 360 is subject to your acceptance of the AT&T Tech Support 360 Terms of Service
posted at https://tech360.att.com/ATT/termsofservice.asp.
4. Billing
AT&T will bill Customer for the Service on a monthly basis via an electronic bill, and Customer agrees to such
electronic billing, and further agrees such invoice method is reasonable. Customer may request a paper copy of its
billing statement, and AT&T agrees to provide a paper copy for a fee (Optional Media) of $7.95. AT&T reserves the
right to modify the charge for providing a paper copy or a copy in any other media form upon Notice to Customer.
14
Version: 12012011
AT&T Web HostingSM – Shared Hosting
Subscription to AT&T Web Hosting Products and Services, you must comply with the "Acceptable Use Policy," as
updated from time to time by AT&T, which can be viewed at www.corp.att.com/aup. If you purchase or transfer a
domain name through AT&T you must comply with the ―Domain Name Registration Agreement‖, as updated from
time to time by AT&T, which can be viewed at http://webhosting.att.com/Domain-Name-RegistrationAgreement.aspx. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING
SUBSCRIBER INFORMATION, REGISTERING, AND ACTIVATING THE WEB HOSTING ACCOUNT, YOU ARE
AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT
ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT THE
SUBSCRIBER INFORMATION OR ACTIVATE THE WEB HOSTING ACCOUNT.
Products and Services
Available*
Term
Monthly
Recurring
Charge**
NonRecurring
Charge**
Service Plans***
Shared Web Hosting Basic
Monthly
$11.00
$25.00
Shared Web Hosting Enhanced
Monthly
$18.00
$25.00
Shared Web Hosting Premium
Available*
Monthly
$28.00
$25.00
Annual
Recurring
Charge**
NonRecurring
Charge**
Domain Registration
Domain Registration
Domain Parking Plan
Domain Parking Set Up
Available*
2 Yr
2 Yr
N/A
$9.00/year
$9.00/year
webhosting.att.com/website-solutions/webhosting-services.aspx
webhosting.att.com/email-solutions.aspx
$7.00
Monthly
Recurring
Charge**
NonRecurring
Charge**
ShopSite eCommerce
ShopSite eCommerce Starter
ShopSite eCommerce Manager
ShopSite eCommerce Pro
Available*
Mobile Web Hosting***
Mobile Website Hosting Basic
Mobile Website Hosting
Enhanced
Premium
Mobile Website Hosting Basic
Enhanced
15
Monthly
Monthly
Monthly
$9.00
$25.00
$45.00
Monthly
Recurring
Charge**
Monthly
$13.00
Monthly
$17.00
Monthly
1 Yr
$25.00
$12.00
1 Yr
$15.00
webhosting.att.com/website-solutions/sellproducts.aspx
NonRecurring
Charge**
http://webhosting.att.com/websitesolutions/mobile-web.aspx
Version: 12012011
Premium
Available*
E-Commerce***
Hosting and E-Commerce
Bundle
Available*
Bundles
Adv TS360 + Basic Unix Host
Adv TS360 + Basic Unix Host
1 Yr
$22.00
Monthly
Recurring
Charge**
NonRecurring
Charge**
http://webhosting.att.com/website-solutions/sellproducts.aspx
1 Yr
1Yr
$39.00
Monthly
Recurring
Charge**
$27.00
NonRecurring
Charge**
http://webhosting.att.com/website-solutions/sellproducts.aspx
https://tech360.att.com/ATT/servicepackages.asp
2Yr
$27.00
*Promotional pricing may be available based on customer’s total purchases under this agreement and qualifying
product eligibility.
**All current or future taxes, surcharges, fees, shipping charges, and any similar charges specified or allowed by
any governmental entity are in addition to the prices shown
*** If applicable Account Holder will pay all fees due according to the prices and terms selected during the
registration process, including overage fees, which are those fees that may be charged if an Account Holder
utilizes resources in excess of the Account Holder´s plan limit ("Overage Fees").
2. Terms and Conditions
Please review the AT&T Web Hosting Terms & Conditions, as your use of this account is bound by these items. If
you do not agree to the Terms & Conditions, you must not use your AT&T Web Hosting account and must cancel it
immediately.
3. Billing
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Version: 12012011
AT&T Managed Internet Service
AT&T Managed Internet Service (MIS) provides managed connectivity to the Internet through access facilities. AT&T
provides, configures, monitors, manages and maintains the CPE necessary to use MIS, which generally consists of a
router and a diagnostic modem. MIS with Managed Router is not available with the Dual Stack IP Version Option.
Additional terms can be found in the AT&T Managed Internet Service (MIS) Business Service Guide Section SD-4.2.
http://new.serviceguide.att.com/portals/sgportal.portal?_nfpb=true&_pageLabel=mis_page
Products and Services Available*
AT&T Managed Internet Service℠-SBS***
Products and Services Available*
AT&T Managed Internet Service℠-SBS****
Business in a Box (BIB)
Monthly Recurring Charge**
0- 50 miles
51 + miles
$614.00
$724.00
0-25 miles
26-50 miles
$589.00
$984.00
http://new.serviceguide.att.com/porta
ls/sgportal.portal?_nfpb=true&_page
Label=mis_page
http://new.serviceguide.att.com/porta
ls/sgportal.portal?_nfpb=true&_page
Label=mis_page
BIB Base Unit 12 POE Port On-Site Mtce
$75.00
MIS
BIB 8 Port POE Add-On On-Site Mtce MIS
$35.00
BIB 24 Port POE Add-On On-Site Mtce MIS
$85.00
* *Promotional pricing and Mobility discounts may be available based on customer and qualifying product eligibility.
**All current or future taxes, surcharges, fees, shipping charges, and any similar charges specified or allowed by any
governmental entity are in addition to the prices shown.
*** Available in the areas in the following 22 states where AT&T serves as the ILEC (incumbent local exchange company):
Alabama, Arkansas, California, Florida, Georgia, Illinois, Indiana, Louisiana, Kansas, Kentucky, Michigan, Mississippi, Missouri,
Nevada, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Wisconsin.
**** Available in areas outside the 22 states where AT&T is not the ILEC (incumbent local exchange company).
2. Geographic Availability
MIS Service Components/Capabilities and Optional Features are available as indicated in the MIS Geographic
Availability Matrix in the AT&T Managed Internet Service (MIS) Business Service Guide Section SD-1.
3. Term and Termination
"Term"
Period
of Term
"Initial
Term"
2 Years
17
Term Start Date
The Initial Term commences on the date the Service Activation Date of that Service
Component, unless Customer’s actions or omissions cause a delay of the Service
Activation Date beyond its scheduled Service Activation Date, in which case billing will
Version: 12012011
begin on the day after the scheduled Service Activation Date for such Service Component.
The Service Activation Date for a Service Component is the date on which the following
connectivity criteria have been met:
The MIS Access Arrangement has been installed and tested to the Customer Site
specified in the sales order form, and AT&T has verified that IP connectivity to the
Internet exists.
If Customer has its own domain, Customer's domain has been registered by Customer
with ICANN Accredited Registrar and any AT&T-supplied DNS administration and
additional DNS servers are operational for Customer's domain.
For MIS with Managed Router, the AT&T CPE* has been correctly configured and
installed at the Customer Site specified in the sales order form.
For other MIS Service Components, AT&T has verified that the Service Component is
working.
*In some Customer contracts with AT&T, ―AT&T CPE‖ is replaced by the term ―AT&T
Equipment.‖ For those contracts, reference to ―AT&T CPE‖ in this Service Guide
should be deemed to be a reference to ―AT&T Equipment‖.
"Renewal
Term"
2 Years
Upon expiration of the Initial Term, this Agreement renews for a Renewal Term of two
(2) years, unless either Party notifies the other no less than sixty (60) days prior to
the expiration of the Party's intent to allow the Agreement to expire.
4. Withdrawal of Services
AT&T may discontinue offering or providing the Service or a Service Component to Customer upon thirty (30) days
written notice or as required under applicable law or regulation, and in any event only where AT&T generally
discontinues providing the Service or a Service Component to similarly-situated customers. AT&T will use
commercially reasonable practices in determining the timing of an Service or Service Component withdrawal.
5. Early Termination Fee
If Customer, cancels or otherwise discontinues the Service prior to the expiration of the Initial Term or Renewal Term,
Customer is liable for an Early Termination Fee equal to 50% of the monthly recurring charges for the Service at the
time of the termination, times the number of months remaining in the then in-effect Term plus, if applicable, the
Customer will also be liable for reimbursement of any one- time credits or payments.
6. Service Level Agreements
AT&T has established performance objectives for MIS Service. While AT&T cannot guarantee that these
performance objectives always will be met, AT&T will provide credits to Customer when they are not met. For MIS
Sites located outside the US, the SLAs set forth below only apply to orders placed after December 16, 2005. Unless
otherwise agreed to by the parties, any SLAs set forth in Customer’s Service Agreement, including prior versions of
the Service Guide applicable to such Sites, will continue to apply to MIS Sites located outside the US that were
ordered prior to December 16, 2005. Additional terms are provided in the AT&T Managed Internet Service (MIS)
Business Service Guide Section SLA-1. General MIS SLA Terms
18
Version: 12012011
7. AT&T CPE Monitoring and Maintenance
AT&T will retain full management and operational control (including passwords) of the AT&T CPE. AT&T will
coordinate required software updates and configuration changes to AT&T CPE. AT&T technicians will work remotely
with Customer to diagnose failures and determine if AT&T CPE should be replaced or repaired.
There are two types of maintenance a Customer can choose from.
Advanced Next Business Day Replacement: If a problem is identified with the AT&T CPE, AT&T
will provide overnight shipment of replacement CPE for the Customer to self install. While AT&T
will ship the equipment for Next Business Day delivery where available, AT&T does not guarantee
arrival on the next business day after the identification of the problem.
On-Site Maintenance 24x7x4 Option: Once a problem has been identified with the AT&T CPE, an
AT&T qualified technician will be dispatched to a Customer site typically within a four (4) hour
response to verify and replace the AT&T CPE. This response time is not guaranteed by AT&T
because of geography and other conditions.
8. AT&T Business in a BoxTM Device Hardware / Dimensions / Regulatory Specifications can be
found in the AT& TBusiness in a Box powered by MIS or PNT Service SERVICE GUIDE Section 5
www.corp.att.com/abs/serviceguide/
9. Disconnect Orders
To disconnect an MIS Service Component, Customer must submit a disconnect order in writing using AT&T’s online
form, where available, or AT&T’s designated alternative procedures. Recurring charges continue to apply for a period
of 30 days from the date AT&T receives a disconnect order or until the disconnect date specified in the disconnect
order, whichever is later. Customer may delay or cancel a disconnect order without charge, at any time prior to the
disconnect date, by submitting a written request using AT&T’s online form, where available, or AT&T’s designated
alternative procedures. Additional terms on Cancelation of an Order are provide in the AT&T Managed Internet
Service (MIS) Business Service Guide Section SD-2.4 Cancellation of an Order
10. Return of AT&T CPE
When (i) Customer’s agreement with AT&T for the provision of the Service expires, is terminated by Customer
pursuant to its terms or is terminated by AT&T pursuant to its terms; (ii) AT&T determines AT&T CPE is no longer
needed for the provision of service; or (iii) Customer’s agreement for the AT&T transport service (such as MIS)
terminates: Customer will, within 30 calendar days, return the AT&T CPE to AT&T at the Customer’s expense to
include appropriate packing and shipping. AT&T CPE must be in the same condition as originally installed, except
for ordinary wear and tear. Customer will incur a charge of $1,000 for not returning the AT&T CPE and associated
modem to AT&T within 30 days of disconnect.
The Customer must use a traceable carrier when returning the CPE to AT&T. The customer will provide a tracking
number to AT&T upon request and will be responsible for the CPE until verified by AT&T that it has been received.
11. Billing
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Version: 12012011
AT&T Mobility Services
1.
Service.
1.1 AT&T Markets. Service is available for purchase only in AT&T Markets, as may be modified by
AT&T from time to time.
1.2 Availability/Interruption. Service will be available only within the operating range of each
Carrier's wireless system in AT&T Markets and where roaming is available through other carriers
(each, a "Service Area"). AT&T may from time to time add or delete Service Areas, and AT&T may
terminate Service to Customer’s CRU(s) in any such deleted Service Area and/or terminate the
Agreement if the Service Area deletion affects all of Customer’s CRUs. Gaps in Service occur within
the Service Areas shown on coverage maps, which, by their nature, are only approximations of actual
coverage; therefore, AT&T does not guarantee Customer uninterrupted Service. Unless prohibited by
law, Service may be interrupted, delayed or otherwise limited for a variety of reasons, including
environmental conditions, unavailability of radio frequency channels, system capacity, priority access
by National Security and Emergency Preparedness personnel in the event of a disaster or
emergency, coordination with other systems, equipment modifications and repairs, and problems with
the facilities of interconnecting carriers. AT&T may block access to certain categories of numbers
(e.g., 976, 900 and international destinations) at its sole discretion. In addition, AT&T may interrupt or
terminate Service without notice: (a) for any conduct that AT&T believes violates this Agreement or
any terms and conditions of Customer’s Plan; (b) if Customer’s representative or CRU behaves in an
abusive, derogatory, or similarly unreasonable manner with any of AT&T’s representatives; (c) for
Customer's nonpayment of charges, provision of inaccurate credit information, and/or refusal to pay
any requested advance payment or deposit when AT&T believes that Customer’s credit has
deteriorated; or (d) if AT&T has reasonable cause to believe that Customer’s Equipment is being
used for an unlawful purpose or in a way that (i) is harmful to, interferes with, or may adversely affect
the Service, AT&T’s owned network or the network of any other provider, (ii) interferes with the use or
enjoyment of Services received by other customers, (iii) infringes intellectual property rights, (iv)
results in the publication of threatening or offensive material, or (v) constitutes spam or other abusive
messaging or calling, a security risk or a violation of privacy.
2.
Plans and Sales Information. Customer may choose from Voice Service and Wireless Data
Service Plans found at the “Plans” page of the Program Website, as may be modified by AT&T from time
to time. The pricing, terms and conditions of the Service depend upon the Plan, feature, promotion or
other offer (including, without limitation, any Supplemental Service) selected when Service is activated or
changed. Certain terms and conditions are set forth in the Enterprise Customers: Additional Service and
Equipment Related Terms found at att.com/abs-addtl-terms; product-specific pricing and/or additional
product-specific terms and conditions are set forth in separate product briefs and rate brochures, at
wireless.att.com/businesscenter, and/or in other AT&T marketing materials. Such Enterprise Customers:
Additional Service and Equipment Related Terms and other online and printed product materials are
referred to collectively in the Agreement as “Sales Information” and incorporated herein by reference.
End Users must qualify for the chosen Service. If End Users lose their eligibility for a particular rate plan,
AT&T may change their rate plan to one for which they qualify. Customer can contact its AT&T
representative for copies of the Sales Information. Service (including without limitation, eligibility
requirements, Plans, pricing, features, promotions, offers, and/or Service Areas)are subject to change
without notice. Any provisions in the terms and conditions governing the Plan, feature, promotion or other
20
Version: 12012011
offer which, by their terms, are to exist for a specified period of time, will survive any termination or
expiration of this Agreement.
3.
Equipment.
3.1
Availability. With respect to Numbers provisioned from AT&T Markets, Customer may
purchase available Equipment found at the “Equipment” page of the Program Website, the list of
which may be modified by AT&T from time to time. Specific models of Equipment are subject to
availability limitations.
3.2
General. Customer is responsible for all phones and other Equipment containing a SIM
assigned to Customer and/or its CRUs under Customer’s account. Equipment must be
compatible with, and not interfere with, the Service and must comply with all applicable laws,
rules, and regulations. Customer is responsible for the purchase and maintenance of any
additional hardware, software and/or Internet access from PCs required to use the Service.
Equipment not purchased from AT&T or its authorized distributors (a) may not provide some or all
of the features included in the Service; and (b) may not allow use of features and functions when
off of AT&T’s wireless network, including those that work while on AT&T’s wireless network, and
CALLS TO 911 MAY NOT GO THROUGH ON ANY NETWORK. AT&T may periodically program
Customer’s Equipment remotely with system settings for roaming service, to direct Customer’s
Equipment to use network services most appropriate for Customer’s CRUs’ typical usage, and
other features that cannot be changed manually. Equipment purchased for use on AT&T’s
system are designed for use exclusively on AT&T’s system. Customer agrees that Customer
and/or its CRUs won’t make any modifications to the Equipment or programming to enable the
Equipment to operate on any other system. AT&T may, at its sole and absolute discretion,
modify the programming to enable the operation of the Equipment on other systems. Customer is
solely responsible for complying with U.S. Export Control laws and regulations and the import
laws and regulations of foreign countries when CRUs are traveling internationally with Customer’s
Equipment. Call timers included in the Equipment are not an accurate representation of actual
billed usage.
3.3
Shipping, Title and Risk of Loss. Subject to availability, and AT&T's receipt of
complete order information, AT&T will ship Equipment ordered by Customer and/or its End Users
to the address specified in the order within two (2) to five (5) business days of AT&T's receipt of
the order. Title and risk of loss will pass to Customer upon delivery of the Equipment to the
address specified in the order.
4.
Activation and Other Processes.
4.1
Service and Equipment. Customer will follow the policies and processes established by
AT&T to activate, migrate, terminate, or otherwise modify Service or to purchase Equipment, as
may be modified from time to time. Customer authorizes AT&T to provide information about and
to make changes to Customer’s account, including adding new Service, upon the direction of any
individual representative of Customer able to provide information AT&T deems sufficient to identify
Customer. Any order for Service and/or Equipment that Customer's representative submits to
AT&T will be binding upon Customer pursuant to the terms and conditions of this Agreement.
AT&T may reasonably rely on the authority of any person who executes an order on Customer's
behalf. Customer consents to the use by AT&T or its authorized agents of regular mail, predictive
or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact
Customer and/or its CRUs to advise Customer and/or its CRUs about AT&T’s Services or other
matters AT&T believes may be of interest to Customer and its CRUs. In any event, AT&T
reserves the right to contact Customer and/or its CRUs by any means regarding customer servicerelated notifications, or other such information.
21
Version: 12012011
4.2
Additional Products, Services, Equipment, and Programs. AT&T may make
additional products, services, Equipment and/or programs available to Customer. To the extent
Customer orders, pays for, or otherwise receives the benefit of any products, services, Equipment
and/or programs, Customer will be bound by the terms and conditions of their respective
Attachments found in the “Additional Products, Services, Equipment and Programs” section of the
Program Website, as such terms and conditions may be modified by AT&T from time to time, all of
which are incorporated herein by reference.
4.3
Identification and Password. Before Customer may use certain AT&T online activation,
enrollment, configuration and/or support services, an authorized representative of Customer must
register with AT&T and create a login identification ("ID") and password. Use of this login ID and
password will enable Customer and/or its employees and agents to make certain changes to
Customer's and/or CRUs' account(s). Customer is solely responsible for maintaining adequate
security and control of any and all IDs, passwords, or any other codes that are created by
Customer, or issued to Customer by AT&T, for purposes of giving Customer access to activation,
enrollment, configuration and support services. AT&T is entitled to rely on information it receives
from Customer or its agents and may assume that all such information was submitted by or on
behalf of Customer.
4.4
Supplemental Services. Customer may from time to time subscribe to services,
features or software applications provided by third parties including, but not limited to, (a) operator
services, (b) loss protection, (c) fleet tracking, field service, sales force automation and other
software-based features and applications, and (d) messaging, email, email forwarding or other
server software-based services (collectively, “Supplemental Services”). Customer acknowledges
that access to such Supplemental Services typically requires a separate licensing or other
agreement between Customer and the third party and that Customer is also subject to the terms
and conditions of that agreement.
5.
Payment and Charges.
5.1
Payment. Customer must pay all charges, including, without limitation, airtime, roaming,
recurring monthly service, activation, optional feature charges, license fees, toll, collect call and
directory assistance charges, Equipment, Supplemental Services, and any other charges or calls
billed to a CRU’s phone number. Customer may be billed for multiple types of usage
simultaneously. Customer must also pay Taxes (as defined below), administrative and late
payment fees, restoral and reactivation charges, and any Regulatory Cost Recovery Fee and
other surcharges. For any termination (including when a Number is switched to another carrier),
Customer will be responsible for payment of all fees and charges through the end of the billing
cycle in which termination occurs. Payment is due upon receipt of the invoice.
5.1.1 Taxes. Taxes include any applicable sales, public utilities, gross receipts, or
other taxes, surcharges, fees and assessments imposed by governments (regardless of
whether they are imposed on Customer, CRU, AT&T or a Carrier) including, without
limitation, assessments to defray costs for government programs such as universal
connectivity, enhanced 911 service, local number portability, and number pooling relating
to Service, Equipment, goods or services purchased, and/or the wireless network.
Customer understands and agrees that State and Federal Universal Service Fees and
other governmentally imposed fees, whether or not assessed directly upon Customer,
may be increased based upon the government's or AT&T’s calculations.
5.1.2 Regulatory Cost Recovery Charge. In addition to other charges, AT&T may
assess a Regulatory Cost Recovery Charge, which is a monthly charge with respect to
each CRU, that is created, assessed and collected by AT&T to help defray AT&T's costs
incurred in complying with State and Federal telecom regulation; State and Federal
22
Version: 12012011
Universal Service charges; and surcharges for customer-based and revenue-based State
and local assessments on AT&T. These are not taxes or government-required charges.
AT&T may change the amount of the Regulatory Cost Recovery Charge without notice.
5.2
Charges.
5.2.1 Generally. If Equipment is shipped to Customer or a CRU, Services may be
activated before delivery of the Equipment so that it can be used promptly upon receipt.
Thus, Customer may be charged for Services while the Equipment is still in transit.
Except as provided below, monthly service and certain other charges are billed one
month in advance, and there is no proration of such charges if Service is terminated on
other than the last day of the applicable billing cycle. Monthly service and certain other
charges are billed in arrears if Customer is a former customer of AT&T Wireless and
maintain uninterrupted service on select Plans; however, if Customer elects to receive
invoices for Service combined with Customer’s wireline phone bill (where available),
Customer will be billed in advance as provided above. Unless otherwise provided in the
corresponding Sales Information, if a selected Plan includes a predetermined allotment of
services (e.g., a predetermined amount of airtime, data, megabytes or text messages),
any unused allotment of such services from one billing cycle will not carry over to any
other billing cycle. AT&T may bill Customer in a format as AT&T determines from time to
time. Additional charges may apply for additional copies of invoices, or for detailed
information about Customer’s usage of Services. All data and messaging allowances
must be used in the billing period in which the allowance is provided. Billing of usage for
calls, messages, data or other services (such as usage when roaming on other carriers’
networks, including internationally) may occasionally be delayed. Such usage charges
may appear in a later billing cycle, will be deducted from Anytime monthly minutes or
other Service allotments for the month when the usage is actually billed, and may result
in additional charges for that month. Those minutes will be applied against Customer’s
Anytime monthly minutes in the month in which the calls appear on Customer’s bill.
Customer also remains responsible for paying the monthly service fee if Service is
suspended for nonpayment. AT&T may require payment by money order, cashier’s
check, or a similarly secure form of payment at AT&T’s discretion. Billing cycle end dates
may change from time to time. When a billing cycle covers less than or more than a full
month, AT&T may make reasonable adjustments and prorations. Service charges may
differ by Service Area. Services, Equipment and Supplemental Services may incur
charges in a different manner than set forth herein, and AT&T will advise Customer of
any such differences in the corresponding Attachment and/or Sales Information. Certain
Supplemental Services and non-stocked Equipment may be billed to Customer’s or its
CRUs’ invoices, as applicable, by AT&T on behalf of the third party provider pursuant to
the terms and conditions of AT&T’s Alliance Billing Service Attachment found at the
Program Website. AT&T will advise Customer when the Alliance Billing Service applies.
5.2.2 Voice Service Charges. AIRTIME AND OTHER MEASURED USAGE ("CHARGEABLE
TIME") IS BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE
ROUNDED UP TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR
BILLING PURPOSES. AT&T CHARGES A FULL MINUTE OF AIRTIME USAGE FOR EVERY
FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH WIRELESS CALL. UNLESS
OTHERWISE PROVIDED IN THE SALES INFORMATION FOR A PARTICULAR PLAN OR
FEATURE, MINUTES WILL BE DEPLETED ACCORDING TO USAGE IN THE FOLLOWING
ORDER: NIGHT AND WEEKEND MINUTES, MOBILE TO MOBILE MINUTES, ANYTIME
MINUTES AND ROLLOVER, EXCEPT THAT MINUTES THAT ARE PART OF BOTH A LIMITED
PACKAGE AND AN UNLIMITED PACKAGE WILL NOT BE DEPLETED FROM THE LIMITED
PACKAGE. Chargeable Time begins for outgoing calls when pressing SEND (or similar key) and
for incoming calls when a signal connection from the caller is established with AT&T’s facilities.
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Chargeable Time ends after pressing END (or similar key), but not until the Equipment's signal of
call disconnect is received by AT&T’s facilities and the call disconnect signal has been confirmed.
All outgoing calls on AT&T’s wireless network for which AT&T’s systems receive answer
supervision or which have at least thirty (30) seconds of airtime or other measured usage shall
incur a minimum of one (1) minute airtime charge. Answer supervision is generally received
when a call is answered; however, answer supervision may also be generated by voice mail
systems, private branch exchanges, and interexchange switching equipment. Chargeable Time
may (a) include time for AT&T to recognize that only one party has disconnected from the call,
time to clear the channels in use, and ring time, and (b) occur from other uses of AT&T’s facilities,
including by way of example, voice mail deposits and retrievals, and call transfers. Calls that
begin in one rate period and end in another rate period may be billed in their entirety at the rates
for the period in which the call began.
5.2.3 Wireless Data Service Charges. DATA TRANSPORT IS CALCULATED IN FULLKILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT
FULL-KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING
PURPOSES. AT&T CALCULATES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY
FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA
SESSION. TRANSPORT IS BILLED EITHER BY THE KILOBYTE (“KB”) OR MEGABYTE ("MB").
IF BILLED BY MB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE
BILLING PERIOD ARE TOTALED AND ROUNDED UP TO NEXT FULL MB INCREMENT TO
DETERMINE BILLING. IF BILLED BY KB, THE FULL KBs CALCULATED FOR EACH DATA
SESSION DURING THE BILLING PERIOD ARE TOTALED TO DETERMINE BILLING.
NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, EMAIL NOTIFICATIONS AND
RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED
KILOBYTES. Utilizing compression solutions may or may not impact the amount of kilobytes
calculated for data transport. For Wireless Data Service that permits Voice Service usage at pay
per use rates, airtime and other measured usage will be billed in full minute increments and
rounded up to the next full minute increment at the end of each call. Customer is responsible for
all Wireless Data Service usage sent through AT&T’s wireless network and associated with
Equipment regardless of whether the Equipment actually receives the information. Network
overhead, software update requests, and resend requests caused by network errors can increase
measured kilobytes. Data sent and received includes, but is not limited to, downloads, email,
overhead and software update checks. If Customer or a CRU chooses to connect Equipment to
a PC for use as a wireless modem, standard Wireless Data Service charges will apply in
accordance with the corresponding Plan. Wireless Data Service usage is compiled as often as
once per hour or only once every 24 hours. AT&T’s system will then create a billing record
representing (a) the Wireless Data Service usage for each data gateway or service accessed
(e.g. WAP, RIM) while on AT&T’s wireless network; (b) the usage for each Carrier's domestic
network; and (c) the Wireless Data Service usage for each international network. In some
situations billing for Wireless Data Service usage may be delayed; any delayed usage will create
additional billing records for the actual day of the usage. Usage on networks not owned by AT&T
is limited as provided in Customer’s Wireless Data Service Plan. Unless designated for
international or Canada use, Plan prices and included use apply only to EDGE/GPRS and
BroadbandConnect access and use on AT&T’s wireless network and its roaming partners’
wireless networks within the United States and its territories (Puerto Rico and the U.S. Virgin
Islands), excluding areas within the Gulf of Mexico.
5.3
Software. Any software licensed separately by AT&T to Customer and/or its CRUs for use with
the Service will be governed by the written terms and conditions applicable to such software. Title to
software remains with AT&T or its supplier. Customer must comply with all such terms and conditions
and they take precedence over this Agreement as to such software. For the avoidance of doubt, software
referred to herein does not include Software as defined in the Sales Information found at att.com/absaddtl-terms or any Supplemental Service.
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5.4
Disputed Charges. Except as otherwise provided by law with respect to unauthorized charges,
disputed charges must be disputed to AT&T in writing within six (6) months after the date of the affected
invoice, or the right to dispute is waived. In the event of a disputed invoice, Customer will pay the entire
undisputed amount of the invoice. AT&T, Customer and Carriers will use their good faith efforts to
reconcile the dispute within sixty (60) days of submission of the dispute to AT&T.
5.4.1 Unauthorized Charges to Equipment. (California Customers Only) Customer is not
liable for charges it did not authorize, but the fact that a call was placed from a CRU’s Equipment
is evidence that the call was authorized. Customer may submit documents, statements and other
information to show any charges were not authorized. Unauthorized charges may include calls
made to or from a CRU’s Equipment after it was lost or stolen. If Customer notifies us of any
charges on its bill it claims are unauthorized, AT&T will investigate. AT&T will advise Customer of
the result of its investigation within 30 days. If Customer does not agree with the outcome,
Customer may file a complaint with the California Public Utilities Commission and Customer may
have other legal rights. While an investigation is underway, Customer does not have to pay any
charges it disputes or associated late charges, and AT&T will not send the disputed amount to
collection or file an adverse credit report about it.
5.5 Late Payment Fee. Late payment charges are based on the state to which the area code of the first
Number assigned to Customer’s billing account is assigned by the North American Numbering Plan
Administration (for area code assignments, see nationalnanpa.com/area_code_maps). Customer will pay
AT&T a late payment fee equal to the lesser of up to one and one-half percent (1.5%) per month
(prorated daily) of any amount not paid by the due date, or the highest amount allowed by applicable
state law or tariff; provided, however, that, with respect to amounts not paid by Customer in accordance
with §5.4 above, AT&T and Customer agree that the late payment fee will accrue on the unpaid disputed
amount as set forth above during the dispute resolution process but that Customer will only be liable for
the late payment fee to the extent the dispute is resolved in favor of AT&T. In the event Customer fails to
pay billed charges when due and it becomes necessary for AT&T to refer Customer’s account(s) to a third
party for collection, AT&T will charge a collection fee at the maximum percentage permitted by applicable
law, but not to exceed 18% to cover the internal collection-related costs AT&T has incurred on such
account(s) through and including the date on which AT&T refer(s) the account(s) to such third party.
5.6
Advance Payments and/or Deposits. AT&T may require Customer to make deposits or
advance payments for Service, which AT&T may offset against any unpaid balance on Customer’s
account. Interest won’t be paid on advance payments or deposits unless required by law. AT&T may
require additional advance payments or deposits if AT&T determines that the initial payment was
inadequate. Based on Customer’s creditworthiness as AT&T determines it, AT&T may establish a credit
limit and restrict Service. If Customer’s account balance goes beyond the limit AT&T set for Customer,
AT&T may immediately interrupt or suspend Service until Customer’s balance is brought below the limit.
Any charges incurred by Customer’s CRUs’ in excess of Customer’s limit become immediately due. If
Customer has more than one account with AT&T, Customer must keep all accounts in good standing to
maintain Service. If one account is past due or over its limit, all accounts in Customer’s name are subject
to interruption or termination and all other available collection remedies. AT&T will charge Customer up
to $30 (depending on applicable law) for any check or other instrument (including credit card charge
backs) returned unpaid for any reason.
6.
Default, Termination, Cure and Remedies.
6.1
Default and Termination. If either party fails to perform or observe any material term or
condition of this Agreement, then such party will be in default of the Agreement, and the non-
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defaulting party may terminate the Agreement in accordance with the terms and conditions of
§6.2 below.
6.2
Notice and Opportunity to Cure. The party seeking to terminate the Agreement under
§6.1 above must notify the defaulting party in writing at least thirty (30) days prior to the proposed
termination date. This written notice must specify the default(s) giving rise to the right to terminate
the Agreement, and must specify a proposed termination date. The defaulting party will have
thirty (30) days in which to cure the default(s), unless such cure period is extended by agreement
of the parties. If the default is not cured within this thirty (30) day cure period or any extension
thereof, then the Agreement will automatically terminate at the close of business on the
termination date specified in the written notice or any agreed extension.
6.3
Termination for Deletion of Service Area. If the deletion of any Service Area materially
reduces the Service provided to Customer hereunder, then Customer, within thirty (30) days of
the effective date of the Service Area deletion, must notify AT&T in writing of its intent to
terminate. Such written notice must specify the material Service Area deletion and must specify a
proposed termination date no earlier than thirty (30) days from the date of the notice.
6.4
Remedies. Upon termination for any reason, the parties may seek any remedies
available at law or in equity, and Customer will pay to AT&T all amounts incurred hereunder as of
the termination date, including any Cancellation Fee(s). In addition, Customer will pay to AT&T
all collection costs and expenses, including reasonable attorneys’ fees and costs, incurred by
AT&T in exercising any of its rights and remedies when enforcing any provisions of this
Agreement.
7.
DISCLAIMERS AND LIMITATIONS OF LIABILITY.
7.1
Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY
REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENTOR ANY WARRANTY ARISING BY USAGE OF
TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR
WARRANTY THAT WIRELESS CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR
COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY
SIMILAR EMERGENCY RESPONSE NUMBER), OR GUARANTEE REGARDING NETWORK
SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, EQUIPMENT OR
SUPPLEMENTAL SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP,
STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&T’S SECURITY PROCEDURES
WILL PREVENT THE LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO,
CUSTOMER’S DATA AND INFORMATION. AT&T DOES NOT AUTHORIZE ANYONE TO
MAKE A WARRANTY OF ANY KIND ON ITS BEHALF, AND CUSTOMER SHOULD NOT RELY
ON ANYONE MAKING SUCH STATEMENTS. AT&T IS NOT THE MANUFACTURER OF
EQUIPMENT PURCHASED BY OR PROVIDED TO CUSTOMER IN CONNECTION WITH USE
OF THE SERVICE AND/OR SUPPLEMENTAL SERVICE.
7.2
Limitation of Liability.
(a)
AT&T’S ENTIRE LIABILITY, AND CUSTOMER’S EXCLUSIVE REMEDY, FOR
DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERROR
OR DEFECTS IN THE SERVICE OR SUPPLEMENTAL SERVICE THAT LAST MORE THAN
TWENTY-FOUR (24) HOURS, AND NOT CAUSED BY CUSTOMER’S NEGLIGENCE, WILL IN
NO EVENT EXCEED THE RECURRING SERVICE CHARGES FOR THE PERIOD DURING
WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT
OCCURS AND CONTINUES. IN NO EVENT SHALL AT&T BE LIABLE TO CUSTOMER FOR
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ANY DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS,
ERROR OR DEFECTS THAT LAST LESS THAN TWENTY FOUR (24) HOURS.
(b)
§7.2(a) WILL NOT APPLY TO:
(i)
BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE
PROPERTY DIRECTLY CAUSED BY AT&T’S NEGLIGENCE;
(ii)
BREACH OF §12 (Publicity and Advertising) OR §13.6 (Confidential
Information); OR
(iii)
DAMAGES ARISING FROM AT&T’S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT.
(c)
NEITHER AT&T NOR CUSTOMER WILL BE LIABLE TO THE OTHER PARTY
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS.
7.3
Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES, EXCEPT
TO THE EXTENT CAUSED BY AT&T’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR
INTERCONNECTION OF THE SERVICE, EQUIPMENT OR SUPPLEMENTAL SERVICE WITH
APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY
CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR
INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN THIS
AGREEMENT); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR
OTHER TRANSMISSIONS (INCLUDING 911 CALLS OR ANY SIMILAR EMERGENCY
RESPONSE NUMBER); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR
UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF
CUSTOMER’S, ITS AFFILIATE’S, END USERS’, OR THIRD PARTIES’ APPLICATIONS,
CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK, OR SYSTEMS.
7.4
Premier. CUSTOMER AGREES THAT AT&T WILL HAVE NO LIABILITY TO
CUSTOMER FOR ANY UNAUTHORIZED INTERCEPTION OF AND/OR ACCESS TO
PREMIER. AT&T’S SECURITY FEATURES FOR PREMIER INCLUDE SECURE SOCKET
LAYER (SSL) ENCRYPTION TECHNOLOGY AND PASSWORD RESTRICTIONS. IN
ADDITION, CUSTOMER AGREES THAT AT&T WILL HAVE NO LIABILITY TO CUSTOMER
FOR ANY DELAYS IN PROVIDING INFORMATION ON PREMIER OR ANY FAILURE OF
PREMIER. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES, LOSSES,
CLAIMS, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO PREMIER WILL BE
THE TERMINATION OF CUSTOMER'S ACCESS TO PREMIER.
7.5
Application and Survival. The disclaimer of warranties and limitations of liability set
forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort,
strict liability or otherwise and whether damages were foreseeable, and will apply so as to limit
the liability of AT&T, Customer and their respective Affiliates, employees, directors,
subcontractors, and suppliers. The limitations of liability and disclaimers set out in this §7 will
survive failure of any exclusive remedies provided in this Agreement.
8.
Force Majeure. Except for payment of amounts due, neither party will be liable for any delay,
failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake,
flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of
a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or
other causes beyond such party’s reasonable control.
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9.
Arbitration. The parties agree to exercise their best efforts to settle any dispute arising out of or
related to this Agreement through good faith negotiation. Any dispute arising out of or related to this
Agreement that cannot be resolved by negotiation shall be resolved by binding arbitration administered by
the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect at the time
that a dispute is submitted for resolution (the “Rules”), as modified by this Agreement. Judgment on the
award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such
arbitration shall be held in New York, New York. The parties shall, within (twenty) 20 days of the issuance
of a written notice of intent to arbitrate, as provided by the Rules, jointly select one (1) independent
arbitrator licensed to practice law and familiar with the wireless telecommunications industry. If the parties
cannot agree on an arbitrator within the specified 20-day period, then the selection shall promptly be
made by the AAA in accordance with the Rules and the criteria set forth above. This Agreement
evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. § 1, et seq,
governs the interpretation and enforcement of this provision. In the event of a conflict between the FAA
and the Rules, the FAA shall govern. In no event shall the arbitrator have the authority to make any
award that is in excess of or contrary to what the Agreement provides. THE PARTIES AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Furthermore, unless both parties agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a representative or class
proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration
provision shall be null and void.
If Customer is a Puerto Rico customer and AT&T cannot resolve the issue, in addition to binding
arbitration, Customer may notify the Telecommunications Regulatory Board of Puerto Rico of the
grievance. Mail: 500 Ave Roberto H. Todd, (Parada 18), San Juan, Puerto Rico 00907-3941-; Phone: 1787-756-0804 or 1-866-578-5500; Online: jrtpr.gobierno.pr, in addition to using binding arbitration or small
claims court to resolve the dispute.
10.
No Class Actions. All claims between AT&T and Customer related to this Agreement will be
litigated individually, and Customer will not consolidate or seek class treatment for any claim unless
previously agreed to in writing by AT&T.
11.
Use of Service.
11.1
Changes to Numbers. Except as otherwise provided by law, Customer has no property
rights to any Number and AT&T may change any such Number.
11.2
Fraud Prohibited. Customer and its respective CRUs and IRUs (if applicable) will not
use or assist others to use the Service or Equipment for any unlawful, unauthorized, abusive or
fraudulent purpose. If Customer’s Equipment is lost or stolen, Customer and/or its CRUs can
report the Equipment as lost or stolen and suspend Service without a charge by contacting AT&T
at the phone number listed on the monthly invoice or at wireless.att.com. Customer is
responsible for all charges incurred until Customer or its CRU reports the theft or loss to AT&T
except as otherwise provided by law, and Customer remains responsible for complying with all
other obligations under this Agreement including, but not limited to, paying the Monthly Service
Charge while the Equipment is suspended. Any Carrier may cancel Service to any Number if
AT&T or that Carrier believes the Number is being used in an unlawful, abusive or fraudulent
manner. Before a Carrier cancels any Service under this paragraph, the Carrier will attempt to
give Customer notice of its intent to cancel. In the event Customer instructs the Carrier to retain
Service, Customer will be responsible for paying all charges, authorized, unauthorized or
fraudulent, associated with such Number, including but not limited to charges incurred by any
clone or duplication of that Number; provided, however, that Customer will not be liable for IRUs'
charges under any such circumstance. Additionally, Customer agrees to adopt, at no additional
charge to Customer, any reasonable fraud prevention or fraud reduction processes or products
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recommended by AT&T or, if not adopted by Customer, to be responsible for any unauthorized
charges on Numbers which do not adopt such processes or products.
11.3
Acceptable Use; Restrictions Regarding Service. All use of AT&T’s wireless network
and Service is governed by AT&T’s Acceptable Use Policy, which can be found at
att.com/AcceptableUsePolicy, as determined solely by AT&T. AT&T can revise its Acceptable
Use Policy at any time without notice. Use of Service is also subject to any restrictions and/or
prohibited uses described in the applicable Sales Information.
11.4
Ownership. AT&T owns or leases the exclusive rights to the frequencies related to the
Service, Numbers and transmission facilities used by AT&T in the provision of Service to AT&T
customers. FCC regulations strictly forbid any party that is not a wireless communications
licensee from altering, enhancing or maintaining cellular radio signals. FCC regulations require
AT&T to maintain control over any transmitting device that operates within AT&T’s assigned
frequencies. Customer may not install any amplifier, enhancer, repeater or other device or system
on AT&T’s wireless network or frequencies without AT&T’s prior written approval.
11.5
Content. Customer is solely responsible for all content that it permits to be posted or
transmitted onto or through the Service or any of AT&T's systems, including materials, code,
data, text (whether or not perceptible by End Users), multimedia information (including but not
limited to sound, data, audio, video, graphics, photographs, or artwork), e-mail, chat room
content, bulletin board postings, or any other items or materials accessible through the Service or
any of AT&T's systems ("Content"). Customer has sole responsibility for any losses resulting from
Customer's or CRUs' downloading, access to, or use of any third-party Content, or from
Customer's or CRUs' access to or use of the Service or the Internet, in any manner and for any
purpose whatsoever. In providing Service, AT&T may permit End Users to transmit, receive and
host content over its network and the Internet and may act as a "services provider" as defined in
the Digital Millennium Copyright Act.
11.6
Customer's Notices to End Users. Customer will advise all its End Users that they
must read all collateral materials concerning Service and use of the Equipment, including, without
limitation, the Welcome Guide, Plan brochures, coverage maps, and materials related to
Equipment and accessories. AT&T will make copies of such materials available to Customer
upon request. Customer will also provide to End Users, and advise End Users to read, any
additional printed materials and consumer information reasonably requested by AT&T from time
to time to be so provided. Similarly, for purposes of determining which jurisdiction's taxes and
other assessments to collect, federal law requires AT&T to obtain End Users' Place of Primary
Use ("PPU"), which must be their residential or business street address and which must be within
a Carrier's licensed Service Area. Customer agrees to provide its respective CRUs' PPU when
ordering Service on behalf of such person(s), and to inform its End Users that they must provide
their proper PPU when ordering Service in connection with this Agreement. If a CRU doesn’t
provide AT&T with a PPU, or if it falls outside AT&T’s licensed Service Area, AT&T may
reasonably designate a PPU within the licensed Service Area for such CRU. Each CRU must live
and have a mailing address within AT&T’s owned network coverage area.
11.7
Location-Based Services. AT&T collects information about the approximate location of
Equipment in relation to AT&T’s cell towers and the Global Positioning System (“GPS”). AT&T
uses that information, as well as other usage and performance information also obtained from
AT&T’s network and the Equipment, to provide Voice Services and Wireless Data Services and to
maintain and improve AT&T’s network and the quality of customers’ wireless experience. AT&T
may also use location information to create aggregate data from which End Users’ personally
identifiable information has been removed or obscured. Such aggregate data may be used for a
variety of purposes such as scientific and marketing research and services such as vehicle traffic
volume monitoring. It is Customer’s responsibility to notify all CRUs on Customer’s account that
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AT&T may collect and use location information from their Equipment. The Equipment is also
capable of purchasing and using optional goods, content and services (at Customer’s request or
the request of a CRU on Customer’s account) offered by AT&T or third parties that make use of
the Equipment’s location information ("Location-Based Services"). Customer should review, and
will advise all of its CRUs to read, the Sales Information and the associated privacy policy for
each Location-Based Service to learn how the location information will be used and protected.
Customer and its CRUs may refer to AT&T’s privacy policy at att.com/privacy for additional
details
11.8
AT&T 411 Info. AT&T’s directory assistance service (411) may use the location of
Equipment to deliver relevant customized 411 information based upon an End User's request for
a listing or other 411 service. Customer understands, and will advise all of its CRUs, that by
using this directory assistance service, the CRU is consenting to AT&T’s use of the CRU’s
location information for such purpose. This location information may be disclosed to a third party
to perform the directory assistance service and for no other purpose. Such location information
will be retained only as long as is necessary to provide the relevant customized 411 information
and will be discarded after such use. Customer and its CRUs may refer to AT&T’s privacy policy
at att.com/privacy for additional details.
11.9
American Recovery and Reinvestment Act. Under certain circumstances, funds
provided under the American Recovery and Reinvestment Act of 2009 ("ARRA") may be subject
to certain restrictions, requirements and reporting obligations. AT&T may be subject to some of
these restrictions, requirements and reporting obligations when Service, Equipment and/or
Supplemental Services are purchased with ARRA funds. In order to comply with the restrictions,
requirements and reporting obligations associated with the use of ARRA funds (if any), AT&T
must be apprised of them before provisioning the Service, Equipment and/or Supplemental
Services. Accordingly, the Service, Equipment and/or Supplemental Services provided under this
Agreement shall not be used to support the performance of any portion of a project or program
which has been funded in whole or in part with grants, loans or payments made pursuant to the
ARRA, without the prior written agreement of AT&T and Customer regarding any specifically
applicable terms, conditions and requirements. Customer shall provide AT&T with prior written
notice before placing any order that may be funded in whole or in part with ARRA funds. If
Customer fails to provide such prior written notice of ARRA funding; or if the parties cannot agree
on the terms and conditions (if any) applicable to an ARRA funded order; or if any terms,
conditions or requirements (other than those to which AT&T specifically agrees in such separate
writing) are found to be applicable, then AT&T may, in its sole discretion, reject such order or
immediately terminate the provision of any affected Service, Equipment and/or Supplemental
Service without further liability or obligation.
12.
Publicity and Advertising. Neither party will publish or use any advertising, sales promotion,
press release or other publicity that uses the other party's name, logo, trademarks or service marks
without the prior written approval of the other party.
13.
Miscellaneous.
13.1
Defined Terms. Unless specifically excepted, all defined terms, regardless of where
defined, will have the same meaning in all documents comprising this Agreement including,
without limitation, the Cover Page (if applicable), the Program Description, the General Terms
and Conditions, and all attachments. In addition to the terms defined elsewhere, these terms will
have the following meanings in the Agreement:
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13.1.1 "Affiliate" means and includes legal entities controlling or controlled by or under
common control with AT&T.
13.1.2 “Carrier” or “Carriers” means a licensed Affiliate of AT&T that operates
commercial mobile radio telecommunications systems in the geographic areas covered
by the Agreement and, with respect to §8 of these General Terms and Conditions,
includes the Carriers’ respective employees, officers, agents and subcontractors.
13.1.3 "AT&T" or "party" when it refers to AT&T includes AT&T, its Affiliates, and their
respective employees, officers, agents and subcontractors.
13.1.4 “AT&T Markets” means a geographic area served by Affiliates under common
control with AT&T.
13.1.5 "Equipment" means the wireless receiving and transmitting equipment or SIM
(Subscriber Identity Module) Card that AT&T has authorized to be programmed with a
Number or Identifier, and any accessories.
13.1.6 "Number" or "Identifier" means any number, IP address, e-mail address or
other identifier provisioned by Carriers, their agents or the Equipment manufacturer to be
used with Service.
13.1.7 "Plan" means a wireless calling plan, Service plan or rate plan from AT&T.
13.1.8 “Service” means commercial mobile radio service, including without limitation
Voice Service and Wireless Data Service. For the avoidance of doubt, Service does not
include Equipment or Supplemental Services.
13.1.9 “Voice Service” means wireless voice telecommunications services.
13.1.10 “Wireless Data Service” means wireless data telecommunications services.
13.2
Assignment. This Agreement may not be assigned by either party without the prior
written consent of the other and such consent will not be unreasonably withheld. However, either
party may, without the other party's consent, assign this Agreement to an Affiliate or to any entity
that acquires substantially all of the party's business or stock and AT&T may assign its right to
receive payments hereunder. Subject to the foregoing, this Agreement will be binding upon the
assignees of the respective parties.
13.3
Compliance with Laws. AT&T and Customer agree to comply with all applicable
federal, state and local laws and regulations in the performance of their respective obligations
under this Agreement.
13.4
Entire Agreement. Unless specifically set forth herein, this Agreement is the entire
agreement between the parties with respect to the subject matter herein and supersedes all prior
agreements, proposals, representations, statements, or understandings, whether written or oral.
Any change, modification or waiver of any of the terms and conditions of the Agreement will not
be binding unless made in a writing manually signed by both parties. If the terms contained in this
Agreement conflict or are inconsistent with the terms of any purchase order or other document
provided by Customer, the terms of this Agreement will control.
13.5
Governing Law. This Agreement is subject to applicable federal laws, federal or state
tariffs, if any, and the laws of the State of Georgia. Where Service terms and conditions are
regulated by a state agency or the FCC, the applicable regulations are available for inspection. If
there is any inconsistency between the Agreement and those regulations, this Agreement will be
deemed amended as necessary to conform to such regulations.
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13.6
Confidentiality. The terms and conditions of this Agreement are confidential and will not
be disclosed by a party to any third party without the other party's prior written consent (except
that each party may disclose the terms and conditions of this Agreement to its employees and, in
the case of AT&T, its agents and subcontractors, who have a direct need to know the terms and
conditions of the Agreement.) Nothing herein will prevent AT&T or Customer from supplying such
information or making such statements or disclosures relating to this Agreement before any
competent governmental authority, court or agency, or as such party may consider necessary in
order to satisfy its obligations under applicable laws, regulations or generally accepted accounting
principles (including, without limitation, statements or disclosures to such party's lawyers or
accountants). Such party will furnish notice thereof to the other party prior to such disclosure
unless such disclosure is in response to a lawful requirement or request from a court or
governmental agency regarding a criminal inquiry or matter, in which case no prior notice will be
required.
13.7
Notices. All notices and communications required or permitted under the Agreement
may be sent by first class mail (to Customer at the address indicated on the Cover Page (or, in
the case of online versions of the Agreement, to Customer at the address confirmed during the
online contracting process) and to AT&T at the address indicated below), electronic messaging
(to Customer at the email address indicated on the Cover Page (or, in the case of online versions
of the Agreement, to Customer at the legal notice email address confirmed during the online
contracting process), bill inserts or other reasonable means. Notwithstanding the foregoing, any
such notice or communication with respect to non-renewal, disputes, breach and/or termination
under the Agreement must be in writing and will be deemed to have been duly made and
received when personally served or delivered by facsimile with a confirmation report, or when
mailed by overnight delivery service or certified mail, postage prepaid, return receipt requested, to
Customer at the address indicated on the Cover Page (or, in the case of online versions of the
Agreement, to Customer at the address provided during the online contracting process) and to
AT&T at the address(es) indicated below. A party may change its address upon thirty (30) days’
prior written notice to the other party.
(If via regular or certified mail)
AT&T Mobility National Accounts, LLC
P.O. Box 97061
Redmond, WA 98073
Attn: Offer, Development & Negotiation
Facsimile Number: 425-580-9886
(If via overnight delivery)
AT&T Mobility National Accounts, LLC
16331 NE 72nd Way, RTC 1
Redmond, WA 98052
Attn: Offer, Development & Negotiation
With a copy to AT&T Legal
Facsimile Number: 908-532-1263
13.8
Severability. If any portion of this Agreement is found to be unenforceable, the
remaining portions will remain in effect and the parties will begin negotiations for a replacement of
the invalid or unenforceable portion.
13.9
Survival. The terms and provisions of this Agreement which by their nature require
performance by either party after the termination or expiration of this Agreement, including, but
not limited to, limitations of liability, exclusions of damages, and indemnities, will be and remain
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enforceable notwithstanding such termination or expiration of this Agreement for any reason
whatsoever.
13.10 Third Party Beneficiaries. Other than as expressly set forth herein, this Agreement will
not be deemed to provide third parties with any remedy, claim, right of action, or other right.
13.11 No Waiver. Neither the acceptance by AT&T of any payment, partial payment or any
other performance by Customer, nor any act or failure of AT&T to act or to exercise any rights,
remedies or options in any one or more instances will be deemed a waiver of any such right,
remedy or option or of any breach or default by Customer then existing or thereafter arising. No
claimed waiver by AT&T of any rights, remedies or options will be binding unless the same is in a
writing signed by AT&T.
13.12 TTY Users. Although some digital wireless phones and TTYs are compatible, the FCC
recommends TTY users consider other options when calling 911, including using a wireline
phone or Telecommunications Relay Services.
13.13 Remedies Nonexclusive. Except where otherwise expressly provided, no remedy
conferred upon either party in the Agreement is intended, nor shall it be construed, to be
exclusive of any other remedy provided in the Agreement or as allowed by law or in equity; rather,
all such remedies shall be cumulative.
14.0
Service Discount. AT&T will provide Customer with a discount on Service (the “Service Discount”). The
Service Discount is available based on the following:
Discounting Tier
Standalone Mobility
Standalone Mobility
Qualifying Products* w/
Mobility
Qualifying Products* w/
Mobility
Required Number of SBSA
Wireline Services
0
0
1 or more
Required Number of Mobility
Service End Users
1-4
5 or more
1-4
Mobility Service Discount
(Monthly)
0%
8%
6%
1 or more
5 or more
10%
* Qualifying Products must be purchased under the SBS agreement. Products include: AT&T Business in a Box℠ – High Speed
Internet , IP Flexible Reach and AT&T Business in a Box®, IP Flexible Reach and AT&T Business in a Box® area plan, AT&T
Managed Internet Service, AT&T Tech Support 360SM or AT&T Web HostingSM – Shared Hosting.
14.1
AT&T will monitor the number of End Users and CRUs associated with the Agreement once each
month. When Customer meets the Discounting Minimum, AT&T will apply the Service Discount with respect
to Customer’s qualified End Users, as described below, within thirty days from the date of AT&T’s monthly
monitoring; provided, however, that (a) it may take up to two billing cycles from the date of AT&T’s monthly
monitoring for the Service Discount to appear on qualified End Users’ invoices, and (b) the Service Discount
will not be applied retroactively. When Customer does not meet the Discounting Minimum, AT&T may
immediately discontinue providing the Service Discount with respect to Customer’s qualified End Users. To
qualify for application of the Service Discount, Customer’s End Users must be active on eligible Plan(s) with
a monthly service charge (i.e., the set access fee charged monthly for use of a particular plan, or “MSC”) of
$30 or higher (each, a “Qualifying Plan”). AT&T will apply the Service Discount only to the MSC of each
eligible End User’s Qualifying Plan(s) and not to any other charges of any kind (including, without limitation,
charges for any other Plans or features). AT&T may restrict certain Plans or certain other discount
programs from qualifying for the Service Discount and will advise Customer when such restrictions apply.
Further details are located on wireless.att.com/businesscenter/legal-contracts/amb.jsp
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AT&T U-verse High Speed Internet – Business Edition
AT&T U-verse High Speed Internet – Business Edition uses fiber optic technology and computer networking to bring
you advanced digital TV, high-speed Internet, and digital home phone service together as a fully integrated
experience. Additional product information can be located at uverse.att.com
AT&T U-verse High Speed Internet*
Monthly Recurring Charge
(MRC)
PRODUCT
AT&T U-verse High Speed Internet Basic – Business Edition
768K
$
35.00
AT&T U-verse High Speed Internet Express – Business Edition
1.5 Meg
$
40.00
AT&T U-verse High Speed Internet Pro – Business Edition
3.0 Meg
$
45.00
AT&T U-verse High Speed Internet Elite – Business Edition
6.0 Meg $
55.00
12.0
AT&T U-verse High Speed Internet Max – Business Edition
Meg
$
60.00
18.0
AT&T U-verse High Speed Internet Max Plus – Business Edition
Meg
$
90.00
24.0
AT&T U-verse High Speed Internet Max Turbo – Business Edition
Meg
$
100.00
* Promotional pricing may be available based on customer eligibility. All current or future taxes, surcharges, fees, shipping
charges, and any similar charges specified or allowed by any governmental entity are in addition to the prices shown.
Transport type may vary based on availability.
AT&T U-verse High Speed Internet – Static IP Plans *
5 HSI Static IP addresses
(MRC)
$15.00
$25.00
$30.00
$35.00
$40.00
PRODUCT
charges, and any similar charges specified or allowed by any governmental entity are in addition to the prices shown. Static IP
plans not available for all speeds of AT&T U-verse High Speed Internet.
AT&T U-verse High Speed Internet – Technician Install *
PRODUCT
Full Technician Installation
Non-Recurring Charge (NRC)
$149.00
AT&T U-verse High Speed Internet – CPE Options*
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PRODUCT
Motorola 2210**
$75.00
2Wire 2701***
$100.00
2Wire 3600 ***
$100.00
** $75.00 is eligible for a rebate.
*** $100.00 is eligible for a rebate.
AT&T U-verse High Speed Internet – Business Edition is subject to product availability in the following 22 states
where AT&T serves as the ILEC (incumbent local exchange company): Alabama, Arkansas, California, Florida,
Georgia, Illinois, Indiana, Louisiana, Kansas, Kentucky, Michigan, Mississippi, Missouri, Nevada, North Carolina,
Ohio, Oklahoma, South Carolina, Tennessee, Texas, Wisconsin.
AT&T U-verse High Speed Internet-Business Edition is available on a Monthly basis.
.No early termination free apply. AT&T U-verse High Speed Internet-Business Edition is available on a Monthly basis
6. Billing
7. AT&T Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using our Site in any way you are agreeing
to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference
(referred to collectively as the "Terms"). Certain services available through our Site, especially services for which you
are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of
that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or
online terms and conditions or agreements you may have or will have with AT&T, including any other website terms
of use with an AT&T affiliate. To the extent that there is any conflict between these Terms and any terms and
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conditions or agreements relating to services you have purchased or online tools you use or to which you subscribe,
those other terms and conditions or agreements will govern.
7.1 AUTHORITY
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age
but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you
agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, representations and warranties set forth in the
Terms; otherwise, please exit the Site. AT&T suggests that you take advantage of any access controls
offered through the Site or third-party sites, which are designed to assist you in limiting or blocking access to
certain types of web content you may feel are harmful to or inappropriate for minors.
7.2 CHANGES TO THE TERMS OR SITE
AT&T may change or modify the Terms from time-to-time without notice other than posting the amended
Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your
continued use of our Site after any changes in these Terms shall constitute your consent to such changes.
AT&T reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any
portion thereof), including any and all content contained on the Site, at any time without notice. You agree
that AT&T shall not be liable to you or to any third party for any modification, suspension or discontinuance
of the Site (or any portion thereof).
7.3 REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and
complete information and (b) maintain and promptly update such information to keep it true, accurate,
current and complete. If you provide any information that is, or we have reasonable grounds to suspect that
the information is, untrue, inaccurate, not current or incomplete, AT&T may without notice suspend or
terminate your access to our Site and refuse any and all current or future use of our Site (or any portion
thereof).
If any portion of our Site requires you to register or open an account you may also be asked to choose a
password and a user name. Please select a password that would not be obvious to someone trying to guess
your password, and change it regularly as an added precaution. You are responsible for maintaining the
confidentiality of the password and account, and you are fully responsible for all activities that occur under
your password or account identification. You agree to immediately notify AT&T of any unauthorized use of
your password or account or any other breach of security. Without limiting any rights which AT&T may
otherwise have, AT&T reserves the right to take any and all action, as it deems necessary or reasonable, to
ensure the security of the Sites and your account, including without limitation terminating your account,
changing your password, or requesting additional information to authorize transactions on your account.
Notwithstanding the above, AT&T may rely on the authority of anyone accessing your account or using your
password and in no event and under no circumstances shall AT&T be held liable to you for any liabilities or
damages resulting from or arising out of (i) any action or inaction of AT&T under this provision, (ii) any
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compromise of the confidentiality of your account or password and (iii) any unauthorized access to your
account or use of your password. You may not use anyone else's account at any time, without the
permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as
"perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally
identifying information. However, you understand and agree that such steps do not guarantee that use of
the Site is invulnerable to all security breaches, and that AT&T makes no warranty, guarantee, or
representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
7.4 PRIVACY POLICY
Please view our Privacy Policy, which explains AT&T´s practices relating to the collection and use of your
information through or in connection with our Site. AT&T´s use of your information is governed at all times
by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the
Site you consent to the collection and use of this information (as set forth in the Privacy Policy).
7.5 COPYRIGHT AND AUTHORIZATION
The Sites provide you access to a wide variety of information, shopping, communications, entertainment,
games, advertising and other services, products, data and materials ("Content"). Some of the Content is
owned by AT&T Intellectual Property II., L.P. d/b/a AT&T Intellectual Property and/or its affiliates. Other
portions are owned by non-AT&T companies or third parties such as suppliers, vendors, and licensors
(including Content that is generated by users as further described in Section 11).
Some portions of the site may require you to download software ("Software") in order that you may access
the Site, the services provided through the Site and/or the Content. The Software may be the property of
AT&T or a supplier, vendor, or licensor to AT&T. The Content and Software are protected by a variety of
laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and
limitations set forth in the Terms, you are granted a limited, non-sublicensable right to access the Sites, the
Content and the Software for your personal non-commercial use only, except as otherwise permitted.
Without limiting the generality of the foregoing, no Software or underlying information or technology may be
downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any
other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified
on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities)
or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By
downloading or using the Software or underlying information or technology, you agree to the foregoing and
represent and warrant that you are not located in, under the control of, or a national or resident of any such
country or on any such list.
7.6 COPYRIGHT COMPLAINTS
AT&T respects the intellectual property rights of others. If you believe that your work has been copied and
has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please
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submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T´s
Copyright Agent the following written information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A specific description of where the material that you claim is infringing is located on the Sites;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
AT&T´s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as
follows:
Manager of Security & Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560
Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: [email protected]
For more information about AT&T´s copyright protection practices under the DMCA and for information on
how to contact AT&T´s DMCA agent, please refer to www.att.net/legal/copyright.
7.7 TRADEMARKS AND SERVICE MARKS
Trademarks (including but not limited to AT&T and the Globe Logo) that are used or displayed on the Sites
are owned by AT&T Intellectual Property or by third parties other than AT&T that offer and provide products
and services on or through the Sites. The trademarks of AT&T Intellectual Property may not be copied or
used, in whole, partial or modified form, without the prior written permission of AT&T Intellectual Property or,
if applicable, its licensor. In addition, AT&T custom graphics, logos, button icons, scripts, and page headers
are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied,
imitated, or used, in whole, partial or modified form, without the prior written permission of AT&T Intellectual
Property. Other trademarks, service marks, registered trademarks, product and service names, and
company names or logos that appear on the Sites are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by AT&T. You may not use any metatags or any other
"hidden text" utilizing an AT&T name, trademark, or product name without AT&T´s express written consent.
The BLUETOOTH® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any
use of such marks by AT&T is under license. Other trademarks and trade names are those of their
respective owners.
7.8 THIRD-PARTY PRODUCTS AND SERVICES
Parties other than AT&T may offer and provide products and services on or through the Sites. Except for
AT&T branded information, products or services that are identified as being supplied by AT&T, AT&T does
not operate, control, or endorse any information, products, or services on the Sites or accessible through the
Sites in any way. AT&T is not responsible for examining or evaluating, and AT&T does not warrant the
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offerings of, any of these businesses or individuals or the content of their websites. AT&T does not assume
any responsibility or liability for the actions, product, and content of all these and any other third parties. You
should carefully review their privacy statements and other conditions of use.
The Sites may contain links to other websites not operated by AT&T. The links are provided for your
convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption
by AT&T of those websites or the contents therein. We are not responsible for the contents, links or privacy
of any linked website. Access to any other websites linked to the Sites is at your own risk. When leaving the
Site, you should carefully review the applicable terms and policies, including privacy and data gathering
practices, of that third-party website.
7.9 PRODUCT AND SERVICE INFORMATION
AT&T does not warrant that information, graphic depictions, product and service descriptions or other
content of the Sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is
possible that a price for a product or service offered on the Site may be inaccurate or the product or service
description may contain an inaccuracy. In the event AT&T determines that a product or service contains an
inaccurate price or description, AT&T reserves the right to take any action it deems reasonable and
necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless
prohibited by law. AT&T may make improvements or changes to any of its content, information products,
services, or programs described on the Sites at any time without notice. You agree to notify AT&T
immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or
services you order through the Sites and comply with any corrective action taken by AT&T.
7.10 ONLINE ORDERS
In order to protect AT&T and its customers from fraudulent activity, we may implement reasonable
procedures regarding any online orders including but not limited to validating information provided or limiting
the amount of equipment (e.g. wireless phones) and/or services that may be ordered online by a single
individual or entity. AT&T reserves the right to further limit quantities or to cancel or reject orders in its sole
discretion.
7.11 USER SUBMITTED CONTENT
Our Site may have "publicly accessible areas" such as message boards, forums, member profiles, yellow
pages, job folders or other features that allow users to post Content that will be accessible by the public or
the user population generally. With respect to any message, data, image, text, photos, graphics, audio,
video or other material you elect to post to such publicly accessible areas of our Site, while you retain any
and all of your lawfully owned rights in such Content, you grant AT&T a royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such Content which you provide (in whole or
part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later
developed and to exercise the same rights with respect to such works. You also permit any user of our Site
to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such Content
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that you have placed in publicly accessible areas of our Site. No compensation will be paid to you or to any
other person or entity with respect to the posting or use of your Content. AT&T is under no obligation to post
or use any Content you may provide and AT&T may remove your Content at any time in its sole discretion.
You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to your
Content. You represent and warrant that you own or otherwise control all necessary rights to the Content
that you post, that such Content is accurate, that use of the Content you supply does not violate these
Terms, specifically including without limitation the requirements of Section 14 (Acceptable Use), and will not
cause injury to any person or entity, and that you will indemnify AT&T for all claims resulting from the
Content you supply.
AT&T does not generally pre-screen or control Content posted by users of our Site, and, therefore, does not
guarantee the accuracy, integrity or quality of such Content. AT&T shall have the right (but not the
obligation) in its sole discretion to monitor, refuse or remove any Content that is available via our Site for
any or no reason, including that any Content violates these Terms or is otherwise objectionable. We take no
responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any
third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography,
or profanity you may encounter. As the provider of the Sites, we are only a forum and are not liable for any
statements, representations, or Content provided by Site users. Any opinions, advice or recommendations
expressed therein are those of the users providing such Content and not those of AT&T. We do not endorse
any Content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage
you from taking controversial positions or expressing vigorously what may be unpopular views; however, we
reserve the right to take such action as we deem appropriate in cases where the Site is used to disseminate
statements that are harmful or inflammatory.
7.12 SUBMISSIONS TO AT&T
You agree not to propose, post or submit to AT&T ideas, concepts, copy, proposals, inventions, methods or
techniques for new or proposed services or products (collectively referred to as "Submitted Material ")
through the Site. In the event you do so, you hereby grant to AT&T a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner
whatsoever without compensation or attribution to you. You also grant to AT&T the right, at its sole
discretion, to use your name in connection with the Submitted Materials and other information as well as in
connection with all advertising, marketing and promotional material related to such material and information.
Use of such Submitted Material shall not require permission from or payment to you or to any other person
or entity. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect
to the Submitted Material. You agree that you shall have no recourse against AT&T for any alleged or actual
infringement or misappropriation of any proprietary right in Submitted Material and that the submission of
any Submitted Material to AT&T, including the posting of materials to any forum or interactive area on the
Sites, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you
own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material
is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not
cause injury to any person or entity.
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7.13 ACCEPTABLE USE
You agree to use our Site and the Content (whether provided by us or others), as well as any Software
provided in connection with the Site, in a manner consistent with all applicable laws and regulations.
Additionally, you will not take any of the following actions with respect to our Site, related Software, or
Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit
or otherwise make available any Content or use our Site in any manner that:
1.
is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar,
gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy,
or racially, ethnically or otherwise offensive, hateful or abusive;
2.
infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or
other rights;
3.
removes any proprietary notices or labels on the Content;
4.
advocates or solicits violence, criminal conduct or the violation of any local, state, national or
international law or the rights of any third party;
5.
6.
is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of
any person or entity or misrepresents an affiliation with a person or entity;
7.
specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
8.
constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any
other unsolicited commercial or non-commercial communication;
9.
interferes with others using the Sites;
10.
is off-topic according to the description of the group, forum or webpage;
11.
contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other
computer code, files, or programs that are designed or intended to disrupt, damage, overburden,
impair or limit the functioning of any software, hardware, network, server or communications
systems or equipment;
12.
contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid
scheme;
13.
disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked
websites, material, contents, products and/or services.
14.
uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to
automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or
copy any portion of the Site, products and/or services;
15.
creates a false identity for the purpose of misleading others;
16.
prepares, compiles, uses, downloads or otherwise copies any user information and/or usage
information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a
fee) such information to any third party;
17.
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Version: 12012011
18.
contains any offer for unsolicited goods or services or any advertising or promotional materials,
except in those areas specifically designated for such purpose (e.g., classified bulletin board);
19.
provides material support or resources (or conceals or disguises the nature, location, source, or
ownership of material support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
20.
attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights
management or other security related tools incorporated into the software or any Content or the
Sites;
21.
reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any
portion of the Sites or Content, use of the Sites, or access to the Sites;
22.
publishes, publicly performs or displays, or distributes to any third party any Content, including
reproduction on any computer network or broadcast or publications media;
23.
systematically collects and uses any Content including the use of any data mining, or similar data
gathering and extraction methods;
24.
makes derivative uses of the Sites or the Content;
25.
uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the
images found at the Sites or any text or the layout/design of any page or form contained on a
page); and/or
26.
modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to
derive the source code for the computer systems and other technology that operate our Site. For
purposes of these Terms, "reverse engineering" shall include the examination or analysis of the
Site to determine the source code, structure, organization, internal design, algorithms or encryption
devices of our Site's underlying technology.
Unless you are participating in an area of the Site that requires or encourages anonymity, we
encourage you to use your real name.
7.14 SITE SECURITY
Violating the security of our Site is prohibited and may result in criminal and civil liability. AT&T may
investigate incidents involving such violations and may involve and will cooperate with law enforcement if a
criminal violation is suspected. Examples of security violations include, without limitation, unauthorized
access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site
or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with
service to any user, host, or network including, without limitation, mail bombing, news bombing, other
flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail
header, or any part of a message header, except for the authorized use of aliases or anonymous remailers,
and using manual or electronic means to avoid any use limitations.
7.15 GEOGRAPHICAL RESTRICTIONS
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Unless expressly and specifically stated otherwise on the Site, AT&T provides this Site for use only by
persons located within the United States. Certain subsidiaries or affiliates of AT&T only provide certain
regulated telecommunications and other services in certain portions of the United States. AT&T makes no
representation that all products, services and/or material described on the Site are appropriate or available
for use in locations outside the United States or all territories within the United States. Those who choose to
access our Site from other locations do so on their own initiative and are responsible for compliance with
local laws. Certain companies affiliated with AT&T provide services and operate websites in various other
countries throughout the world, some of which websites may be linked to from our Site. Any such
International websites will be governed by their own terms of use and privacy policies and not by these
Terms.
7.16 GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that AT&T may establish general practices and limits concerning use of the Site, including
without limitation the maximum number of days that email messages, message board postings or other
uploaded Content will be retained by the Site, the maximum number of email messages that may be sent
from or received by an account on the Site, the maximum size of any email message that may be sent from
or received by an account on the Site, the maximum disk space that will be allotted on AT&T´s servers on
your behalf, and the maximum number of times (and the maximum duration for which) you may access the
Site in a given period of time. Your use of this Site constitutes your consent to allow AT&T to store electronic
communications on its servers. You agree that AT&T has no responsibility or liability for the deletion or
failure to store any messages and other communications or other content maintained or transmitted by the
Site. You acknowledge that AT&T reserves the right to terminate accounts that are inactive for an extended
period of time. You further acknowledge that AT&T reserves the right to modify these general practices and
limits from time to time.
7.17 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED
WITHIN THE SITES, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO
YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR
INFORMATION CONTAINED WITH THE SITES AND ANY SITE-RELATED SERVICE, IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. AT&T AND ITS CO-BRANDERS, SUPPLIERS,
LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS,
REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY
NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
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2. AT&T AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES,
AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE
NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS,
SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF
INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE
CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v)
THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR
EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY
SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
AT&T OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR
INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR
SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR PARTICULAR SITUATION.
7.18 ENFORCEMENT
AT&T reserves the right but does not assume the obligation to strictly enforce these Terms, including
without limitation by issuing warnings, suspension, or termination of access to the Sites and/or services,
and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation,
litigation and prosecution in any court or other appropriate venue.
AT&T may access, use, and disclose transaction information and any Content provided by you to comply
with the law (e.g., a lawful subpoena) or based on AT&T´s reasonable judgment that disclosure is
necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect
for services, to protect our rights or property, or to protect users of AT&T´s services, the Site and other
persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT,
ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR
ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY
YOU.
7.19 LIMITATION OF LIABILITY
IN NO EVENT SHALL AT&T, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE
PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL,
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INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF
PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT
LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
(i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE,
INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (ii) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE
CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE
THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE
IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT
LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL
ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS,
VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND
THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF
AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITERELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO
BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AT&T
UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED
SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
7.20 INDEMNIFICATION
You agree to indemnify, defend and hold harmless AT&T and its underlying content and service providers,
licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees,
from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by
any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to
or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms,
or your violation of any law or the rights of another. These obligations will survive any termination of your
relationship with AT&T or your use of our Site. AT&T reserves the right to assume the defense and control
of any matter subject to indemnification by you, in which event you will cooperate with AT&T in asserting
any available defenses.
7.21 TERMINATION/SUSPENSION
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You agree that AT&T may immediately terminate or suspend your account, any associated email address,
and access to all or any part of the Sites or change your password without notice. Cause for such
termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these
Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Sites (or any part thereof,) (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of
your account includes (or, if AT&T elects instead to suspend your account, may include any one or more of
the following) (a) removal of access to all offerings within the Sites, (b) deletion of your password and all
related information, files and other content associated with or inside your account (or any part thereof) and
(c) barring of further use of the Sites. You agree that all terminations and suspensions for cause shall be
made in AT&T´s sole discretion and that AT&T shall not be liable to you or any third party for any
termination or suspension of your account, loss of storage, any associated email address, or access to the
Sites. Further, AT&T reserves the right, to immediately terminate or suspend your account, any associated
email address, and access to the Sites at any time for any reason and without notice to you in its sole
discretion.
7.22 MISCELLANEOUS
AT&T´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of
such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the
validity and enforceability of any remaining provisions. These Terms shall be governed and construed in
accordance with the laws of the State of Texas applicable to agreements made and to be performed in
Texas. You agree that any legal action or proceeding between AT&T and you for any purpose concerning
these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing between the
parties nor trade practice shall act to modify any provision of this Agreement. AT&T may assign its rights
and duties under this Agreement to any party at any time without notice to you. Your rights and duties under
these Terms are not assignable by you without written consent of AT&T. These Terms do not provide any
third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site
within one year after it arises.
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AT&T High Speed Internet Direct Business Edition
AT&T High Speed Internet Business Edition (―Service‖ or ―HSI Service‖) provides dedicated connectivity to the
Internet over digital subscriber line loops (―DSL‖).
AT&T High Speed Internet Business Edition is a digital data service that sends and receive data over existing
telephone lines. A DSL signal travels on the same line that Customers phone uses. DSL technology uses higher
signal frequencies than those used by voice or fax. AT&T connects to a high-speed backbone network using
specialized DSL Access Multiplexers (―DSLAMs‖). AT&T High Speed Internet (―HSI‖) Direct allows a Customer to
connect to the Internet without purchasing voice service. The type of HSI Service that AT&T offers that does not
require a voice service on the line is High Speed Internet Direct: This is an asymmetric (ADSL) data service to the
Customer’s premises that is provided over a line without any telephone voice service to the End-User’s premises.
Customer eligibility for High Speed Internet Direct is the same as ADSL with voice service. Actual speeds are
maximum ―up to‖ and are based on DSL synch rate may vary, and are not guaranteed. Many factors affect speed.
AT&T HSI Business Service and speed options are not available in all areas. Additional product terms and conditions
can be located at AT&T High Speed Internet Terms of Service / att.net Terms of Use
AT&T High Speed Internet Direct Business*
PRODUCT
AT&T High Speed Internet Direct Business Basic D
Monthly Recurring Charge (MRC)
768K
$60.00
AT&T High Speed Internet Direct Business Express D
1.5 Meg
$90..00
AT&T High Speed Internet Direct Business Pro D
3.0 Meg
$100.00
AT&T High Speed Internet Direct Business Elite D
6.0 Meg
$110.00
AT&T High Speed Internet Direct Business Express S
1.5 Meg
$105.00
AT&T High Speed Internet Direct Business Pro S
3.0 Meg
$115.00
AT&T High Speed Internet Direct Business Elite S
6.0 Meg
$125.00
AT&T High Speed Internet Direct Business – Static IP Plans*
PRODUCT
$100.00
$200.00
$300.00
$400.00
AT&T High Speed Internet Direct Business– Technician Install*
PRODUCT
Technician Installation - Static IP**
Technician Installation - Dynamic IP
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$250.00
$200.00
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charges, and any similar charges specified or allowed by any governmental entity are in addition to the prices shown
**Full Technician Install is required for Express S, Pro S, and Elite S Plans.
AT&T High Speed Internet Direct Business – Shipping and Handling*
PRODUCT
UPS 3-5 Day Ground Delivery (Standard)
UPS M-F Premium Delivery
UPS Saturday Premium Delivery
$12.95
$22.95
$34.95
AT&T High Speed Internet Direct Business – CPE Options*
PRODUCT
Motorola 2210**
Motorola 3347-02***
$62.05
$87.05
** Full Rebate available
*** $62.05 Rebate available
AT&T HSI Service is available only in locations throughout the United States and is defined as follows:
HSI Service requires an existing business line (POTS line for HSI and without voice service for HSI
Direct) over which the Service is implemented. Service can be ordered in the following thirteen
(13) states: AR, CA, CT, IL, IN, KS, MI, MO, NV, OH, OK, TX and WI, subject to specific
geographic availability.
Customer is required to check specific availability of specific sites for all HSI Service types with an AT&T
sales representative or online at https://swot.sbc.com/swot/serviceQual.do.
AT&T High Speed Internet Direct Business Edition is available on a Monthly basis.
.No early termination free apply. AT&T High Speed Internet Direct Business Edition is available on a Monthly basis.
6. Billing
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7. AT&T Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using our Site in any way you are agreeing
to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference
(referred to collectively as the "Terms"). Certain services available through our Site, especially services for which you
are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of
that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or
online terms and conditions or agreements you may have or will have with AT&T, including any other website terms
of use with an AT&T affiliate. To the extent that there is any conflict between these Terms and any terms and
conditions or agreements relating to services you have purchased or online tools you use or to which you subscribe,
those other terms and conditions or agreements will govern.
7.1 AUTHORITY
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age
but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you
agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, representations and warranties set forth in the
Terms; otherwise, please exit the Site. AT&T suggests that you take advantage of any access controls
offered through the Site or third-party sites, which are designed to assist you in limiting or blocking access to
certain types of web content you may feel are harmful to or inappropriate for minors.
7.2 CHANGES TO THE TERMS OR SITE
AT&T may change or modify the Terms from time-to-time without notice other than posting the amended
Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your
continued use of our Site after any changes in these Terms shall constitute your consent to such changes.
AT&T reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any
portion thereof), including any and all content contained on the Site, at any time without notice. You agree
that AT&T shall not be liable to you or to any third party for any modification, suspension or discontinuance
of the Site (or any portion thereof).
7.3 REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and
complete information and (b) maintain and promptly update such information to keep it true, accurate,
current and complete. If you provide any information that is, or we have reasonable grounds to suspect that
the information is, untrue, inaccurate, not current or incomplete, AT&T may without notice suspend or
terminate your access to our Site and refuse any and all current or future use of our Site (or any portion
thereof).
If any portion of our Site requires you to register or open an account you may also be asked to choose a
password and a user name. Please select a password that would not be obvious to someone trying to guess
your password, and change it regularly as an added precaution. You are responsible for maintaining the
confidentiality of the password and account, and you are fully responsible for all activities that occur under
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your password or account identification. You agree to immediately notify AT&T of any unauthorized use of
your password or account or any other breach of security. Without limiting any rights which AT&T may
otherwise have, AT&T reserves the right to take any and all action, as it deems necessary or reasonable, to
ensure the security of the Sites and your account, including without limitation terminating your account,
changing your password, or requesting additional information to authorize transactions on your account.
Notwithstanding the above, AT&T may rely on the authority of anyone accessing your account or using your
password and in no event and under no circumstances shall AT&T be held liable to you for any liabilities or
damages resulting from or arising out of (i) any action or inaction of AT&T under this provision, (ii) any
compromise of the confidentiality of your account or password and (iii) any unauthorized access to your
account or use of your password. You may not use anyone else's account at any time, without the
permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as
"perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally
identifying information. However, you understand and agree that such steps do not guarantee that use of
the Site is invulnerable to all security breaches, and that AT&T makes no warranty, guarantee, or
representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
7.4 PRIVACY POLICY
Please view our Privacy Policy, which explains AT&T´s practices relating to the collection and use of your
information through or in connection with our Site. AT&T´s use of your information is governed at all times
by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the
Site you consent to the collection and use of this information (as set forth in the Privacy Policy).
7.5 COPYRIGHT AND AUTHORIZATION
The Sites provide you access to a wide variety of information, shopping, communications, entertainment,
games, advertising and other services, products, data and materials ("Content"). Some of the Content is
owned by AT&T Intellectual Property II., L.P. d/b/a AT&T Intellectual Property and/or its affiliates. Other
portions are owned by non-AT&T companies or third parties such as suppliers, vendors, and licensors
(including Content that is generated by users as further described in Section 11).
Some portions of the site may require you to download software ("Software") in order that you may access
the Site, the services provided through the Site and/or the Content. The Software may be the property of
AT&T or a supplier, vendor, or licensor to AT&T. The Content and Software are protected by a variety of
laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and
limitations set forth in the Terms, you are granted a limited, non-sublicensable right to access the Sites, the
Content and the Software for your personal non-commercial use only, except as otherwise permitted.
Without limiting the generality of the foregoing, no Software or underlying information or technology may be
downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any
other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified
on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities)
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or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By
downloading or using the Software or underlying information or technology, you agree to the foregoing and
represent and warrant that you are not located in, under the control of, or a national or resident of any such
country or on any such list.
7.6 COPYRIGHT COMPLAINTS
AT&T respects the intellectual property rights of others. If you believe that your work has been copied and
has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please
submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T´s
Copyright Agent the following written information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A specific description of where the material that you claim is infringing is located on the Sites;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
AT&T´s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as
follows:
Manager of Security & Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560
Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: [email protected]
For more information about AT&T´s copyright protection practices under the DMCA and for information on
how to contact AT&T´s DMCA agent, please refer to www.att.net/legal/copyright.
7.7 TRADEMARKS AND SERVICE MARKS
Trademarks (including but not limited to AT&T and the Globe Logo) that are used or displayed on the Sites
are owned by AT&T Intellectual Property or by third parties other than AT&T that offer and provide products
and services on or through the Sites. The trademarks of AT&T Intellectual Property may not be copied or
used, in whole, partial or modified form, without the prior written permission of AT&T Intellectual Property or,
if applicable, its licensor. In addition, AT&T custom graphics, logos, button icons, scripts, and page headers
are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied,
imitated, or used, in whole, partial or modified form, without the prior written permission of AT&T Intellectual
Property. Other trademarks, service marks, registered trademarks, product and service names, and
company names or logos that appear on the Sites are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by AT&T. You may not use any metatags or any other
"hidden text" utilizing an AT&T name, trademark, or product name without AT&T´s express written consent.
The BLUETOOTH® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any
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use of such marks by AT&T is under license. Other trademarks and trade names are those of their
respective owners.
7.8 THIRD-PARTY PRODUCTS AND SERVICES
Parties other than AT&T may offer and provide products and services on or through the Sites. Except for
AT&T branded information, products or services that are identified as being supplied by AT&T, AT&T does
not operate, control, or endorse any information, products, or services on the Sites or accessible through the
Sites in any way. AT&T is not responsible for examining or evaluating, and AT&T does not warrant the
offerings of, any of these businesses or individuals or the content of their websites. AT&T does not assume
any responsibility or liability for the actions, product, and content of all these and any other third parties. You
should carefully review their privacy statements and other conditions of use.
The Sites may contain links to other websites not operated by AT&T. The links are provided for your
convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption
by AT&T of those websites or the contents therein. We are not responsible for the contents, links or privacy
of any linked website. Access to any other websites linked to the Sites is at your own risk. When leaving the
Site, you should carefully review the applicable terms and policies, including privacy and data gathering
practices, of that third-party website.
7.9 PRODUCT AND SERVICE INFORMATION
AT&T does not warrant that information, graphic depictions, product and service descriptions or other
content of the Sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is
possible that a price for a product or service offered on the Site may be inaccurate or the product or service
description may contain an inaccuracy. In the event AT&T determines that a product or service contains an
inaccurate price or description, AT&T reserves the right to take any action it deems reasonable and
necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless
prohibited by law. AT&T may make improvements or changes to any of its content, information products,
services, or programs described on the Sites at any time without notice. You agree to notify AT&T
immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or
services you order through the Sites and comply with any corrective action taken by AT&T.
7.10 ONLINE ORDERS
In order to protect AT&T and its customers from fraudulent activity, we may implement reasonable
procedures regarding any online orders including but not limited to validating information provided or limiting
the amount of equipment (e.g. wireless phones) and/or services that may be ordered online by a single
individual or entity. AT&T reserves the right to further limit quantities or to cancel or reject orders in its sole
discretion.
7.11 USER SUBMITTED CONTENT
Our Site may have "publicly accessible areas" such as message boards, forums, member profiles, yellow
pages, job folders or other features that allow users to post Content that will be accessible by the public or
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the user population generally. With respect to any message, data, image, text, photos, graphics, audio,
video or other material you elect to post to such publicly accessible areas of our Site, while you retain any
and all of your lawfully owned rights in such Content, you grant AT&T a royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such Content which you provide (in whole or
part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later
developed and to exercise the same rights with respect to such works. You also permit any user of our Site
to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such Content
that you have placed in publicly accessible areas of our Site. No compensation will be paid to you or to any
other person or entity with respect to the posting or use of your Content. AT&T is under no obligation to post
or use any Content you may provide and AT&T may remove your Content at any time in its sole discretion.
You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to your
Content. You represent and warrant that you own or otherwise control all necessary rights to the Content
that you post, that such Content is accurate, that use of the Content you supply does not violate these
Terms, specifically including without limitation the requirements of Section 14 (Acceptable Use), and will not
cause injury to any person or entity, and that you will indemnify AT&T for all claims resulting from the
Content you supply.
AT&T does not generally pre-screen or control Content posted by users of our Site, and, therefore, does not
guarantee the accuracy, integrity or quality of such Content. AT&T shall have the right (but not the
obligation) in its sole discretion to monitor, refuse or remove any Content that is available via our Site for
any or no reason, including that any Content violates these Terms or is otherwise objectionable. We take no
responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any
third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography,
or profanity you may encounter. As the provider of the Sites, we are only a forum and are not liable for any
statements, representations, or Content provided by Site users. Any opinions, advice or recommendations
expressed therein are those of the users providing such Content and not those of AT&T. We do not endorse
any Content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage
you from taking controversial positions or expressing vigorously what may be unpopular views; however, we
reserve the right to take such action as we deem appropriate in cases where the Site is used to disseminate
statements that are harmful or inflammatory.
7.12 SUBMISSIONS TO AT&T
You agree not to propose, post or submit to AT&T ideas, concepts, copy, proposals, inventions, methods or
techniques for new or proposed services or products (collectively referred to as "Submitted Material ")
through the Site. In the event you do so, you hereby grant to AT&T a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner
whatsoever without compensation or attribution to you. You also grant to AT&T the right, at its sole
discretion, to use your name in connection with the Submitted Materials and other information as well as in
connection with all advertising, marketing and promotional material related to such material and information.
Use of such Submitted Material shall not require permission from or payment to you or to any other person
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Version: 12012011
or entity. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect
to the Submitted Material. You agree that you shall have no recourse against AT&T for any alleged or actual
infringement or misappropriation of any proprietary right in Submitted Material and that the submission of
any Submitted Material to AT&T, including the posting of materials to any forum or interactive area on the
Sites, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you
own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material
is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not
cause injury to any person or entity.
7.13 ACCEPTABLE USE
You agree to use our Site and the Content (whether provided by us or others), as well as any Software
provided in connection with the Site, in a manner consistent with all applicable laws and regulations.
Additionally, you will not take any of the following actions with respect to our Site, related Software, or
Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit
or otherwise make available any Content or use our Site in any manner that:
27.
is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar,
gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy,
or racially, ethnically or otherwise offensive, hateful or abusive;
28.
infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or
other rights;
29.
removes any proprietary notices or labels on the Content;
30.
31.
32.
is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of
any person or entity or misrepresents an affiliation with a person or entity;
33.
specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
34.
constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any
other unsolicited commercial or non-commercial communication;
35.
interferes with others using the Sites;
36.
is off-topic according to the description of the group, forum or webpage;
37.
contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other
computer code, files, or programs that are designed or intended to disrupt, damage, overburden,
impair or limit the functioning of any software, hardware, network, server or communications
systems or equipment;
38.
contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid
scheme;
54
Version: 12012011
39.
disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked
websites, material, contents, products and/or services.
40.
uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to
automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or
copy any portion of the Site, products and/or services;
41.
creates a false identity for the purpose of misleading others;
42.
prepares, compiles, uses, downloads or otherwise copies any user information and/or usage
information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a
fee) such information to any third party;
43.
uses any AT&T domain name as a pseudonymous return email address;
44.
contains any offer for unsolicited goods or services or any advertising or promotional materials,
except in those areas specifically designated for such purpose (e.g., classified bulletin board);
45.
provides material support or resources (or conceals or disguises the nature, location, source, or
ownership of material support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
46.
attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights
management or other security related tools incorporated into the software or any Content or the
Sites;
47.
reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any
portion of the Sites or Content, use of the Sites, or access to the Sites;
48.
publishes, publicly performs or displays, or distributes to any third party any Content, including
reproduction on any computer network or broadcast or publications media;
49.
systematically collects and uses any Content including the use of any data mining, or similar data
gathering and extraction methods;
50.
makes derivative uses of the Sites or the Content;
51.
uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the
images found at the Sites or any text or the layout/design of any page or form contained on a
page); and/or
52.
modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to
derive the source code for the computer systems and other technology that operate our Site. For
purposes of these Terms, "reverse engineering" shall include the examination or analysis of the
Site to determine the source code, structure, organization, internal design, algorithms or encryption
devices of our Site's underlying technology.
Unless you are participating in an area of the Site that requires or encourages anonymity, we
encourage you to use your real name.
7.14 SITE SECURITY
Violating the security of our Site is prohibited and may result in criminal and civil liability. AT&T may
investigate incidents involving such violations and may involve and will cooperate with law enforcement if a
55
Version: 12012011
criminal violation is suspected. Examples of security violations include, without limitation, unauthorized
access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site
or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with
service to any user, host, or network including, without limitation, mail bombing, news bombing, other
flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail
header, or any part of a message header, except for the authorized use of aliases or anonymous remailers,
and using manual or electronic means to avoid any use limitations.
7.15 GEOGRAPHICAL RESTRICTIONS
Unless expressly and specifically stated otherwise on the Site, AT&T provides this Site for use only by
persons located within the United States. Certain subsidiaries or affiliates of AT&T only provide certain
regulated telecommunications and other services in certain portions of the United States. AT&T makes no
representation that all products, services and/or material described on the Site are appropriate or available
for use in locations outside the United States or all territories within the United States. Those who choose to
access our Site from other locations do so on their own initiative and are responsible for compliance with
local laws. Certain companies affiliated with AT&T provide services and operate websites in various other
countries throughout the world, some of which websites may be linked to from our Site. Any such
International websites will be governed by their own terms of use and privacy policies and not by these
Terms.
7.16 GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that AT&T may establish general practices and limits concerning use of the Site, including
without limitation the maximum number of days that email messages, message board postings or other
uploaded Content will be retained by the Site, the maximum number of email messages that may be sent
from or received by an account on the Site, the maximum size of any email message that may be sent from
or received by an account on the Site, the maximum disk space that will be allotted on AT&T´s servers on
your behalf, and the maximum number of times (and the maximum duration for which) you may access the
Site in a given period of time. Your use of this Site constitutes your consent to allow AT&T to store electronic
communications on its servers. You agree that AT&T has no responsibility or liability for the deletion or
failure to store any messages and other communications or other content maintained or transmitted by the
Site. You acknowledge that AT&T reserves the right to terminate accounts that are inactive for an extended
period of time. You further acknowledge that AT&T reserves the right to modify these general practices and
limits from time to time.
7.17 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
5. YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED
WITHIN THE SITES, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO
YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR
INFORMATION CONTAINED WITH THE SITES AND ANY SITE-RELATED SERVICE, IS PROVIDED
56
Version: 12012011
ON AN "AS IS" AND "AS AVAILABLE" BASIS. AT&T AND ITS CO-BRANDERS, SUPPLIERS,
LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS,
REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY
NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
6. AT&T AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES,
AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE
NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS,
SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF
INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE
CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v)
THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR
EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
7. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY
SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.
8. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
AT&T OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR
INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR
SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR PARTICULAR SITUATION.
7.18 ENFORCEMENT
AT&T reserves the right but does not assume the obligation to strictly enforce these Terms, including
without limitation by issuing warnings, suspension, or termination of access to the Sites and/or services,
and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation,
litigation and prosecution in any court or other appropriate venue.
AT&T may access, use, and disclose transaction information and any Content provided by you to comply
with the law (e.g., a lawful subpoena) or based on AT&T´s reasonable judgment that disclosure is
necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect
for services, to protect our rights or property, or to protect users of AT&T´s services, the Site and other
57
Version: 12012011
persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT,
ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR
ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY
YOU.
7.19 LIMITATION OF LIABILITY
IN NO EVENT SHALL AT&T, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE
PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF
PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT
LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
(i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE,
INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (ii) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE
CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE
THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE
IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT
LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL
ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS,
VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND
THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF
AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITERELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO
BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AT&T
UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED
SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
7.20 INDEMNIFICATION
You agree to indemnify, defend and hold harmless AT&T and its underlying content and service providers,
licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees,
from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by
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Version: 12012011
any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to
or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms,
or your violation of any law or the rights of another. These obligations will survive any termination of your
relationship with AT&T or your use of our Site. AT&T reserves the right to assume the defense and control
of any matter subject to indemnification by you, in which event you will cooperate with AT&T in asserting
any available defenses.
7.21 TERMINATION/SUSPENSION
You agree that AT&T may immediately terminate or suspend your account, any associated email address,
and access to all or any part of the Sites or change your password without notice. Cause for such
termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these
Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Sites (or any part thereof,) (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of
your account includes (or, if AT&T elects instead to suspend your account, may include any one or more of
the following) (a) removal of access to all offerings within the Sites, (b) deletion of your password and all
related information, files and other content associated with or inside your account (or any part thereof) and
(c) barring of further use of the Sites. You agree that all terminations and suspensions for cause shall be
made in AT&T´s sole discretion and that AT&T shall not be liable to you or any third party for any
termination or suspension of your account, loss of storage, any associated email address, or access to the
Sites. Further, AT&T reserves the right, to immediately terminate or suspend your account, any associated
email address, and access to the Sites at any time for any reason and without notice to you in its sole
discretion.
7.22 MISCELLANEOUS
AT&T´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of
such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the
validity and enforceability of any remaining provisions. These Terms shall be governed and construed in
accordance with the laws of the State of Texas applicable to agreements made and to be performed in
Texas. You agree that any legal action or proceeding between AT&T and you for any purpose concerning
these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing between the
parties nor trade practice shall act to modify any provision of this Agreement. AT&T may assign its rights
and duties under this Agreement to any party at any time without notice to you. Your rights and duties under
these Terms are not assignable by you without written consent of AT&T. These Terms do not provide any
third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site
within one year after it arises.
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AT&T Long Distance Toll Free Service
1. Service. Long Distance Toll Free Service – Switched is a part of Customer’s Agreement with AT&T for
AT&T Small Business Service (the ―Agreement‖). AT&T will provide Long Distance Toll Free Service Switched under the Agreement and the relevant provisions related to the Toll Free – Switched service
provided
in
the
ABN
Service
Guide
at
http://new.serviceguide.att.com/portals/sgportal.portal?_nfpb=true&_pageLabel=abn_page, as modified
from time-to-time, are incorporated by reference.
2. Eligibility: Customer must enter into or has already entered into an AT&T Small Business Service
Agreement.
Domestic U.S. AT&T Toll-Free terminations only. Toll-Free calls can originate from domestic U.S. and Canadian
locations and International ITFS, UIFN or AT&TDirect access.
3. Effective Date. This agreement is Effective on the Effective Date of the Agreement for AT&T Small
Business Service. In the event Customer installs Toll Free Service- Switched during the Ramp-Up period of
the AT&T Small Business Service (i.e., prior to the Effective Date of the Agreement), Customer will be billed
for and agrees to pay all charges incurred during that Ramp-Up period.
4. Pricing – Toll Free (switched) Long Distance
4.1 Monthly Recurring Charge
(MRC)
Service Guide Rate Table Reference
Per switched Toll Free Routing
Arrangement
$30.00
P-4.3.2.1. Rate Table TF-GEN-MRC: Toll-Free Monthly Recurring Charges
Promotional pricing may be available based on customer eligibility. All current or future taxes, surcharges, fees,
shipping charges, and any similar charges specified or allowed by any governmental entity are in addition to the
prices shown.
4.2 Switched Toll Free Usage
Type
Rate Per Minute
Domestic - Switched
$0.0525
P-4.3.1.4.2. Rate Table ABN –DLD LOY
Canada – Switched
$1.062
P-4.3.1.4.21. Rate Table ABN-ITF
prices shown.
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AT&T Toll Free Advanced Features
1. Service. AT&T Toll Free Advanced Features is a part of Customer’s Agreement with AT&T for
AT&T Small Business Service (the ―Agreement‖). AT&T will provide the Service under the
Agreement and the relevant provisions related to the service provided in the ABN Service Guide at
http://new.serviceguide.att.com/portals/sgportal.portal?_nfpb=true&_pageLabel=abn_page,
as
modified from time-to-time, are incorporated by reference.
The following lists the Toll Free Advanced features available under the AT&T Small Business
Service Agreement:
Routing Features:
Time Manager
Day Manager
Area Code Routing
Exchange Code Routing
Country Code Routing
Quick Call Allocator
Caller Recognition Routing
Announcement Features:
Call Prompter
Enroute Announcements
Courtesy Response
Call Redirection Features:
Alternate Destination Routing
2. Eligibility: Customer must enter into or has already entered into an AT&T Small Business Service
Agreement and have purchased AT&T Long Distance Toll Free Service under the AT&T Small Business
Service Agreement.
3. Effective Date. This agreement is Effective on the Effective Date of the Agreement for AT&T Small
Business Service. In the event Customer installs Toll Free Service- Switched during the Ramp-Up period of
the AT&T Small Business Service (i.e., prior to the Effective Date of the Agreement), Customer will be billed
for and agrees to pay all charges incurred during that Ramp-Up period.
4. Pricing – Monthly Recurring, Non Recurring and Usage charges
Advanced Feature *
Routing Features*
61
Monthly
Recurring
Charge (MRC)
Non Recurring
Charge (NRC)
$35.00
$25.00
Usage
Service Description located
in section SD-2.2.3.5. Pricing
located in section P-4.3.4.1
Version: 12012011
Announcement Features - Call
Prompter, Enroute Announcements
and Courtesy Response*
Announcement Per Play Charge
$0.07
Service Description located in section SD2.2.3.5. Pricing located in section P-4.3.4.1
Announcement Played Per Minute
$0.06
Monthly Storage/Announcement
$55.00
Professional Voice / Announcement
$120.00
Professional Voice Expedited /
Announcement
$240.00
Call Redirection Features –
Alternate Destination Routing*
$20.00
$150.00
$5.00
Installation Charge*
$0.03
*Installation charge per branch with a Minimum charge of $25.00 and Maximum charge of $1000.00
prices shown.
62
Version: 12012011

AT&T Small Business Service Agreement

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AT&T Small Business Service Agreement