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Site Policies: Verizon Online Business Terms Of Service

VERIZON ONLINE BUSINESS TERMS OF SERVICE FOR
VERIZON BUSINESS INTERNET AND ADDITIONAL SERVICES

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

PLEASE READ THEM CAREFULLY

This Agreement is entered into between you as our customer ("you", "your", "Company") and Verizon Online LLC. ("Verizon") and includes these Terms of Service, our Acceptable Use Policy ("AUP"), as set forth at http://business.verizon.net/policies/acceptable_use.asp, as well as our Privacy Policies located at http://business.verizon.net/policies/privacy.asp and our Website Terms of Use located at http://www.verizon.com/about/terms/ (collectively, "Agreement"). By accepting this Agreement, you agree to comply with its terms and the specific terms of the service plan you selected (including the plan's duration and applicable early termination fee). Your acceptance of this Agreement occurs upon the earliest of: (a) submission of your order; (b) your acceptance of the Agreement electronically or in the course of installing the Software; (c) your use of the Service; or (d) your retention of the Software we provide beyond thirty (30) days following delivery.

The following terms apply to all Services (as defined below):

  1. Services and Definitions. The term "Service" shall mean any Verizon Internet access service based on digital subscriber loop (DSL) technology which includes services marketed under the High Speed Internet for Business or DSL name with or without local service (collectively "HSI Service"), any Verizon Internet access service delivered over a fiber optic transmission facility which includes services marketed under Verizon FiOSSM Internet Service for Business ("FiOS Service") and the following "Features and/or Additional Services" which may be included with your HSI Service, FiOS Service or Bundled Service or available for an additional charge: Dial-Up Mobility ("Mobility Service"), Verizon Wi-Fi, Verizon Internet Security Suite ("VISS"), Verizon Online Backup and Sharing ("VOBS"), Verizon.net email, Verizon Business (Domain Name) EMail Service ("EM Service"), Verizon Encrypted Mail, Verizon Encrypted Docs, Verizon Premium Technical Support for Business ("PTS"), Verizon Domain Names and the Verizon Toolbar. The Service includes all Software (as defined in Section10 below), Content, domain name server (DNS), and related services, (including functionality that enables the delivery of Verizon messages to your internet browser), Verizon Web Sites and such other Verizon products or services as you may subscribe to with Verizon under the pricing plan you have selected . The Service shall also include any software or hardware that we provide you in connection with the Service to which you have subscribed and any sub- or secondary accounts associated with a primary account. "Content" shall mean content provided by Verizon or its third party licensors, providers or suppliers and accessible on the Service, including without limitation images, photographs, animations, video, audio, music, and text, with the exception of content uploaded by and stored on behalf of users. "Verizon Web Site(s)" mean the sites located at http://business.verizon.net and http://smallbusiness.verizon.com which are comprised of various web pages, tools, information, software, Content, and features operated by Verizon. "Bundled Service(s)" means a combination or "bundle" of HSI Service or FiOS Service with one or more other eligible Verizon services, including but not limited to Verizon FiOS TV and voice telephone service.
  2. Term and Termination; Changes to Service.
    1. Term and Termination. This Agreement shall be effective upon your acceptance of this Agreement, as provided above, and shall continue either on a month-to-month basis or for the term specified for the Service or Bundled Service plan you select (the "Initial Term"). The Initial Term begins when you accept this Agreement and ends when you or we terminate this Agreement as permitted herein. If you subscribe to a plan with a minimum term commitment (a "Term Plan"), you agree to maintain your Service or Bundled Service for the duration of that Term Plan. Your Term Plan begins on the later of: (a) the date you change your existing Service plan to a Term Plan; or (b) your Service Ready Date; for Bundled Services, your Term Plan begins once all Bundled Services have been provisioned. You will begin receiving any discount associated with a Bundled Service plan once all Bundled Services have been provisioned. At the end of any Term Plan you may be given the option to select a new Term Plan. If you do not select a new Term Plan, your Service will automatically convert to a month-to-month Service plan until terminated by either party as permitted by this Agreement at a monthly fee that may be higher than your current rate. If you select a new Term Plan, the terms of that plan will apply. In the event you change Service or Bundled Service plans, your monthly rate and term commitment may change (depending on the plan you select); otherwise, the terms of this Agreement will remain in effect unless otherwise provided. We reserve the right to terminate the Service (or any part thereof) in the event we cease to offer the Service generally or to your location. If we cease offering the Service (or any part thereof), we will give you at least thirty (30) days advance notice.
    2. Changes to Service, Features and/or Additional Services. We reserve the right to change the Service (or any part thereof), Features or Additional Services, Content or applications of the Service at any time with or without notice to you. If such a change materially and adversely affects your use of the Service, and we cannot reasonably mitigate the impact, then, as your sole and exclusive remedy, you may terminate the Service without further obligation.
    3. Changes to Local Voice Telephone Service. If you change or discontinue your local telephone service, we may in our discretion either terminate your Service or continue to provide Service without Verizon local voice service at the then-current rates, terms and conditions applicable to your new Service plan, and you agree to pay any new or higher monthly fee that may apply to your new Service plan. If we elect to terminate your Service under this Section 2 (c) then we reserve the right to charge any applicable early termination fees and to apply the Equipment return terms under Section 6 below.
    4. Move/Down-grade/Up-grade Order Change Activities and Associated Fees. You may down-grade speed connections within your selected Service plan or, subject to facilities availability, move your existing Service or phone line to another qualified Service or phone line for no additional charge; your Term Plan will not be altered as a result of such change order activity. In the event you up-grade to a Bundle Service, a new term commitment (depending on the plan you select) will apply starting on the effective date of your new Bundle Service plan. In the event you up-grade speed connections within your selected Service plan, additional charges may apply, subject to the terms and conditions for the new Service plan.
    5. Conversion from HSI Service to FiOS Service. Service is available on a limited basis based on your service address. FiOS Service uses special fiber optic transmission facilities provided by your local Verizon telephone company. When Verizon is able to provision Service utilizing fiber optic technologies, we may in our discretion terminate your HSI Service and cease offering HSI Service to your location. In such case, we will offer you FiOS Service at the then applicable rates and terms, which may differ from your previous HSI Service rates and terms. As your sole and exclusive remedy, you may terminate the Service without further obligation.
  3. Prices/Billing. Prices are guaranteed for duration of your Term Plan, subject to the provisions of this Section. For any Service or Bundled Service offered on a month-to-month basis, we will give you at least thirty (30) calendar days prior notice of a price change in the manner set forth in Section8(e), below. Thereafter, your continued use of the Service or Bundled Service constitutes your acceptance of the price change. If you change your Service or Bundled Service or your Term Plan, you agree to pay the applicable monthly fee that may apply to your new Term Plan. You agree to pay all charges associated with the rate plan selected, including but not limited to a) applicable taxes, b) surcharges, c) Federal Universal Service Fund, tax and other recovery fees, d) telephone charges, e) activation fees, f) installation fees, g) setup fees, h) equipment charges, i) early termination fees, and j) other non recurring charges. Notwithstanding the pricing guarantee set forth above, the taxes, fees and other charges detailed in this section a) - d) may vary on a monthly basis; any variation will be reflected in your overall monthly charge. The amounts and what is included in such charges are subject to change. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to interest and charges due to insufficient credit or insufficient funds. Activation fees, installation fees, setup fees, equipment charges, and other non-recurring charges, if applicable, will be included in your first month's bill. You acknowledge that you may also incur data charges or fees from a wireless or internet service provider (which may be Verizon or a third party) for accessing online services or purchasing products and services through interactive options available through the Service. You are solely responsible for all charges or fees payable to Verizon and third parties, including all applicable taxes, and you are solely responsible for protecting the security of credit card and other personal information provided to third parties in conection with such transactions. Monthly Service and Bundled Service recurring charges will be billed one month in advance. Billing for Service will automatically begin on the date provisioning of your Service is complete ("Service Ready Date") unless you are notified otherwise by Verizon. We may, at our election, waive any fees or charges. You will begin receiving any discount associated with a Bundled Services plan once all Bundled Services have been provisioned. Verizon or its agent will bill you directly, or bill your credit or debit card or your local Verizon telephone bill (where available in selected areas only), as you request and as approved by Verizon. IF YOU ELECT TO BE BILLED FOR YOUR SERVICE ON YOUR VERIZON PHONE BILL, BY USING THE SERVICES YOU AGREE TO HAVE VERIZON CHARGES INCLUDED ON YOUR PHONE BILL. IF YOU SUBSCRIBE TO A BUNDLED SERVICE PLAN, THEN ALL OF THE SERVICES INCLUDED IN THE BUNDLED SERVICE PLAN MUST BE BILLED ON YOUR VERIZON PHONE BILL. If you cancel any component of a Bundled Services plan, the monthly charges for the remaining services on your account will automatically convert to the applicable existing, non-discounted month-to-month service rate. You may only take advantage of one promotional pricing offer during any consecutive twelve-month period. Eligibility for promotional offers may be contingent upon payment of all outstanding Verizon charges. If you enroll in Verizon's Paperless Billing program, you agree to view and pay your bill electronically each month and to promptly update your e-mail address with Verizon if it changes. You will no longer receive a paper bill. Instead, each month you will receive an e-mail notifying you that your bill is available online for viewing and payment at verizon.com. You must continue to pay your paper bill until you receive your first e-mail notification that your bill is available online. If your electronic payment is rejected for any reason, Verizon may charge a return item fee (where permissible), cancel your enrollment in the Paperless Billing program and resume sending you paper bills.
  4. Payment, Late Fee and Consent Regarding Credit. We will invoice you monthly or on a prepaid basis, as applicable. Payment to Verizon is due upon receipt of invoice and shall be made in U.S. currency. A payment received thirty (30) calendar days or more after the invoice date is considered past due. If your charges are billed by your Verizon local carrier, the Late Fee will be equal to the late payment charge that the local exchange carrier applies. If your charges are not billed by your Verizon local carrier, you agree to pay interest of 1.5% for each month or part of a month (or the maximum interest allowed by law, whichever is less). Verizon may assign unpaid delinquent charges to a collection agency for action. In the event Verizon utilizes a collection agency or takes legal action to recover monies due, you agree to reimburse Verizon for all expenses incurred to recover such monies (including attorney's fees). We may evaluate your credit history before modifying or providing you Service. In order to establish an account with us and/or obtain or modify Service, we may obtain a report from a credit agency or exchange information with our affiliates in connection with determining your creditworthiness. If you fail to pay your bill, we may submit a negative credit report to credit reporting agencies which will negatively affect your credit report. You may be given the option to select a prepaid service plan ("Prepaid Service Plan") which will begin on the later of (a) the date of your order, or (b) the date you change to the Prepaid Service Plan. There will be no refunds for Prepaid Service Plans. At the end of any Prepaid Service Plan, you may be given the option to select a new Prepaid Service Plan. If you do not select a new Prepaid Service Plan, your Service will automatically convert to the then then-current month-to-month rate.
  5. Refundable Deposit. We may require that you provide us with a refundable deposit, which will be specified at the time of your order ("Subscriber Deposit"). We may also require an additional deposit after activation of the Service if you fail to pay any amounts when due. Within ninety (90) days after termination of your Service, we will return your Subscriber Deposit, less any unpaid amounts due on your account, including any amounts owed for unreturned or damaged Equipment. Amounts held on deposit will not accrue interest except as required by law.
  6. Renewal and Cancellation; Money Back Guarantee, Early Termination Fees and Equipment Charges.
    1. Renewal or Cancellation. Upon expiration of the Initial Term we may continue to provide you with Service on a month-to-month basis, at our then-current monthly price. If you wish to renew or cancel your Service, you may do so by calling 1-888-649-9500 for HSI Service or 1-888-244-4440 for FiOS Service. Cancellation by you will be effective upon your notice to us.
    2. Money Back Guarantee, Early Termination Fee & Equipment Charges. If we provide a money-back guarantee ("MBG") for your Service, it will begin when billing for your Service starts. During this MBG period you may cancel the Service and receive a full refund of all monthly charges paid as well as any one-time charges and Equipment charges paid to Verizon (provided you return all Equipment in good working condition). An Early Termination Fee ("ETF") will not apply to Service terminated within the MBG period. If you cancel your Service prior to your billing date or within the MBG period, you will be required to return to Verizon any Equipment received at no charge provided to you by Verizon; Verizon will provide you with a pre-paid mailing label and instructions for the return of your Equipment. In the event you fail to return the Equipment, an additional charge for the unreturned Equipment will apply. The MBG does not apply if you change between or renew service plans. The MBG is limited to one per Company per Service type per Service address. Except as otherwise set forth in this agreement, if Service is terminated by you or by us before completing your Term Plan, then you agree to pay Verizon the ETF set forth in the pricing plan you have chosen. In addition, if you cancel Service after any applicable MBG period, you agree to pay us all Service fees accrued as of the cancellation date, and additionally, if you terminate Service prior to the end of the first year of Service and you received Equipment at no charge from Verizon, you will be required to return the Equipment to Verizon; failure to do so will result in an additional equipment charge. We will provide you with a pre-paid mailing label and instructions for the return of your Equipment. If you terminate Service at your location, your existing Term Plan cannot be carried over to a new Service location. It is agreed that Verizon's damages, if you cancel your Service, are difficult or impossible to ascertain; therefore, the provisions of this Section are intended to establish liquidated damages in the event of cancellation and are not intended as a penalty.
  7. No Warranties. ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY. USE OF VERIZON TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, VERIZON AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

    IN ADDITION, VERIZON DOES NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIONING AND PERFORMANCE (SPEED) OF THE SERVICE IS SUBJECT TO CIRCUIT OR OTHER NETWORK FACILITY AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES AND NETWORK/INTERNET CONGESTION, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY VERIZON-PROVIDED EQUIPMENT). VERIZON DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY VERIZON WILL MEET YOUR NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE.
  8. Your Responsibilities; Notices; Revisions to Terms of Service.
    1. Your Responsibilities. You represent that you are eighteen (18) years of age or older, that you have the power and the legal authority to enter into this Agreement, and that the information you supply to us is correct and complete. You acknowledge and agree that you are solely responsible for all use of the Service (including the use of any secondary or sub-accounts associated with a primary account) and the manner in which the Service is used by you or anyone who uses the Service with or without your permission. If you use a wireless router or similar device, you are responsible for securing your wireless network and for any use of the Service via your wireless network. You may not resell, re-provision or rent the Service to third parties (either for a fee or without charge) or allow third parties to use the Service via wired, wireless or other means. For example, you may not provide Internet access to third parties through a wired or wireless connection or use the Service to facilitate public Internet access (such as through a Wi-Fi hotspot). You may connect multiple computers/devices within a single office location to your Service router to access the Service, but only through a single account and an IP address(es) obtained from Verizon, and only for use by you and your Company. You may use your Service to connect through an analog connection, but these connections will be subject to monthly charges, depending on the Service to which you subscribed. Additional User IDs provided for email boxes are not intended for use as dial-up connections. You agree to use the Service only within the United States.
    2. Use of the Service. You understand and agree that you are responsible for the protection, storage, backup and security of your data, software, computer network and other facilities, as well as your choice of equipment, software and online content; and all other matters related to how you access and use the Service. You acknowledge and agree that the reliability, availability and performance of data or services accessed through the Internet or other services connected or linked to the Service are beyond our control and are not in any way warranted or supported by Verizon. You also agree to provide us with the access and support required to allow us to implement, maintain and provide the Services. In addition, you agree that your use of the Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
    3. Limitations on Use of Service. You agree that Verizon assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services or social networks, and does not endorse any advice or opinion contained therein. Verizon does not monitor or control such services, although we reserve the right to do so. Verizon may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our Service and to protect others and ourselves.

      By transmitting, uploading, downloading, posting or submitting any information or material using the Service or the web site tools, you (i) represent that such information is not confidential, secret or proprietary information belonging to someone else; (ii) warrant that no other party has rights to the information and you represent that when you transmit, upload or download, post or submit any content, images or data does not violate the copyright or trademark laws or any other third part rights; and (iii) you understand and agree that any and all use of the Service is subject to the terms of Verizon's Copyright Alert Program, a description of which can be found at http://www22.verizon.com/Support/Residential/Dotnetcontexthelp/DotNetContextHelp.htm.

      Any web sites linked to or from the Service are not reviewed, controlled, or examined by Verizon and Verizon is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the Service, including sites or content advertised on the Service, does not imply endorsement of the linked site or content by Verizon. Any dealings that you have with third parties, merchants or advertisers found on the Service are between you and the third party, merchant or advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against a third party, merchant or advertiser. In no event shall Verizon be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.

      If you choose to access the Verizon Web Sites from locations outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the United States or the county in which you reside. Verizon makes no representation that materials on the Verizon Web Sites are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.

      You further agree that if you type a nonexistent or unavailable Uniform Resource Locator (URL), or enter a search term, into your browser address bar, Verizon may present you with a Verizon Error Assist web search page containing suggested links based upon the query you entered in lieu of your receiving an NXDOMAIN or similar error message. Verizon's provision of the Error Assist page may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based search results pages. If you would prefer not to receive Error Assist pages from Verizon, you should follow the opt-out instructions that are available (i) by clicking on the "About This Page" link on any Error Assist page and (ii) if the Verizon Toolbar is installed on your computer, by selecting Toolbar Settings (the wrench icon on the far right of the Verizon Toolbar) and selecting the "Disable Error Assist" option.
    4. Notices Regarding the Service. You understand and agree that from time to time we may send you information relating to the Service (including but not limited to password information), via electronic mail over the Internet to your Verizon .net or contact email address. You consent to our distribution of such information to you electronically and you agree to check your email boxes periodically for account related information that we provide.
    5. Revisions to Terms of Service. You understand and agree that we may revise the terms and conditions of this Agreement (including any of the policies which may apply to use of the Service) from time to time by i) posting such revisions to the Verizon business website at http://business.verizon.net/policies/tos.asp. (the "Website") and by posting to the Announcements page located at http://business.verizon.net/announcements, or ii) by sending an email to your primary Verizon.net email address; or to the contact email address we have on file for you. You agree to visit these web pages periodically to be aware of and review any such revisions. Revisions to the Agreement are effective upon posting to the Website. Increases to the monthly price of your Services shall be effective thirty (30) days after the date we provide notice to the change in the manner set forth above. By continuing to use the Service after the date the revision(s) are posted to the Website, you accept and agree to the revisions and to abide by them. If you do not agree to the revision(s), you must terminate your Service immediately and such termination may be subject to any applicable early termination fees.
    6. Entry to Customer's Business. You agree to allow us to enter your business during normal business hours by appointment to perform necessary activities related to the installation, inspection, repair, replacement or disconnection of our Equipment and Service. You will allow us to make attachments and connections that are necessary to provide Service to you. If you are not the owner of the premises to be entered, you must supply proof that you are authorized to allow work to be done on such premises.
  9. Indemnification. You agree to indemnify us and hold us harmless for any damages, costs, liabilities and attorneys' fees we incur from any claim arising from your use of the Services, or the use of your Service by others, including without limitation, violation of the copyrights, trademarks or other intellectual property rights of others, your combination of the Services with other products or services not provided by us, any modification of the Services, or any breach of this Agreement by you. In such event, you agree to conduct the defense and have control of the litigation and settlement, if any. However, you agree not to acquiesce to any judgment or enter into any settlement that adversely affects our rights or interests without Verizon's prior written consent. We agree to give you prompt notice of all claims and to cooperate in defending against the claim. The indemnifying party may not settle any claim under this section which includes an admission of criminal liability or the payment of a settlement amount without the prior written permission of the indemnified party. THE PARTIES DISCLAIM ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
  10. Compliance with Laws.
    1. Generally. You agree not to use, or permit others to use, the Service in ways that (i) violate any law or applicable regulation, this Agreement or our AUP or our other policies, (ii) infringe the rights of others, or (iii) interfere with the users, services, or equipment and software of our network or other networks. By way of example and not limitation, you agree not to distribute unsolicited advertising, chain letters or other unsolicited bulk electronic mail (i.e., spam); propagate computer worms, destructive programs or denial of service attacks or viruses; use a false identity; attempt to gain unauthorized entry to other computers, data or any site or network; distribute or store child pornography; distribute obscene or defamatory material over the Internet; or infringe copyrights, trademarks or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Service. We reserve the right to suspend or terminate the Service (or any portion thereof) with or without notice if your use of the Service, in our sole judgment, violates this Agreement or our AUP, or otherwise adversely affects or threatens any Verizon network or service, customer or employee, or, if you are determined to be a repeat infringer under our repeat infringement policy set forth in our AUP.
    2. Providing Information about You in Response to Legal Process. We reserve the right to provide information about your account and your use of the Service to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, monitoring of the Verizon network consistent with applicable law. In addition, Verizon is required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of the child pornography laws. We reserve the right to report any appropriate information including the identity of users, account information, images and other facts to law enforcement and the National Center for Missing and Exploited Children.
  11. Software Provided.
    1. Verizon may provide to you, at no cost or for a fee, software owned by Verizon or its third party licensors, providers or suppliers in connection with the Services ("Software"). You may use the Software in object code form only, on the hardware on which it is installed, only as part of or for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from Verizon or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
    2. If the Software is not accompanied by an end user license agreement from Verizon or a third party, you are hereby granted a personal, revocable, non-exclusive, non-transferable license by Verizon or its third party licensors, providers or suppliers, to use the Software (and any corrections, updates and upgrades thereto), for the sole purpose of enabling you to use the Service.
    3. You agree that the Software is the confidential information of Verizon or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Verizon or its third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Verizon or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades. The Software may be used in the United States only, and any export of the Software is strictly prohibited. We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software.
    4. IF AT ANY TIME DURING THE TERM OF THIS AGREEMENT VERIZON PROVIDES YOU WITH FREE OR FOR-FEE SOFTWARE OR EQUIPMENT, INCLUDING WITHOUT LIMITATION, CLIENT AND/OR NETWORK SECURITY SOFTWARE, YOU AGREE THAT YOUR SOLE RIGHT TO RECOURSE, IF ANY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR FAILURE OF SUCH SOFTWARE TO PERFORM OR FOR PERSONAL INJURY OR DATA LOSS, IS AGAINST THE MANUFACTURER OF SUCH SOFTWARE OR PERIPHERAL EQUIPMENT.
    5. Verizon provides technical assistance and support for the Software in accordance with its policies. Unless otherwise provided, Verizon does not provide technical assistance or support for third party Software. Technical assistance or support with regard to third party software provided by the Software supplier is provided in accordance with such third party's policies or other terms.
    6. Your license to use the Software shall remain in full force and effect during the Initial Term and any renewal terms, unless and until it is terminated by Verizon, its third party licensors, providers or suppliers, or until this Agreement expires or is terminated.
    7. Other Third Party Agreements. You agree to comply with the terms of service that apply to any websites or other services you access on the Internet and agree that the third party provider of such services (and not Verizon) is solely responsible for the delivery of its services(s) to you and your use of them. Third party services include, but are not limited to, portal, music, video, auction, security, financial, gaming, storage and photography services, whether or not Verizon has made such services available to you. Violations of such third party provider's terms of service may, in Verizon's sole discretion, result in the termination of your Service. You further agree to indemnify, defend and hold Verizon harmless from and against any claims or liabilities that may result from your use of such third party services.
    8. All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Verizon Web Sites (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and Content), are owned by Verizon, its affiliates or licensors. All title and intellectual property rights in and to the information and Content which may be accessed through use of the Verizon Web Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such Content, nor does it grant any rights to the Verizon Web Sites, other than the right to the Verizon Web Sites according to the terms of the Agreement.
    9. Verizon Wi-Fi. Verizon Wi-Fi Software and services, where available, may be provided by Boingo Wireless, Inc. ("Boingo") or other providers.
    10. Verizon Toolbar Software
      1. Verizon Error Assist. As part of the installation process, the Verizon Toolbar will request your consent to receive Verizon Error Assist pages and to change your default web search provider settings.
      2. Usage Data. The Verizon Toolbar may communicate certain non-personally identifiable usage information to Verizon and/or third party licensors to help Verizon and its licensors compile aggregate statistical usage data for the Verizon Toolbar including but not limited to data regarding the number of Verizon Toolbar installations, unique users and searches performed. Such aggregated statistical information will not include any information that individually identifies Verizon Toolbar users. The Verizon Toolbar collects user's IP addresses for the sole purpose of enabling proper geographic localization, such as presenting weather information based on a user's current location. While the IP address is stored for backup purposes, neither Verizon nor its licensors use this information for any purpose other than geographic localization. The Verizon Toolbar does not collect any information that individually identifies users.
      3. Uninstalling the Verizon Toolbar. Once installed, the Verizon Toolbar Software will automatically launch every time you execute the Microsoft Internet Explorer and/or Mozilla Firefox browser programs. You may uninstall the Verizon Toolbar Software at any time by clicking on "Settings" tool on the far right side of the Verizon Toolbar, and selecting "Uninstall" or by using the standard uninstall procedures included as part of your computer's operating system.
      4. Verizon Toolbar Software is provided by Visicom Media, Inc.
  12. Return of Equipment and Deletion of Software. Upon termination or expiration of this Agreement, you agree to cease use of all the Software provided and immediately delete such Software from your computer. In addition, if you terminate Service prior to the end of the first twelve months of Service and you received Equipment at no charge from Verizon, you will be required to return the Equipment to Verizon within thirty (30) calendar days following such termination or expiration; failure to do so will result in an additional equipment charge.
  13. Customer Equipment; Service Performance; Email Security; Backup and Maintenance.
    1. Customer Equipment. You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software, including any necessary system or software updates, patches or other fixes, which are or may become necessary to access the Service, and to operate your computer. The preceding obligations apply regardless of whether Verizon or a third party provided the software or hardware to you. Only the manufacturer's warranties included with any hardware or software provided by us shall apply. Hardware (routers or other equipment) provided is new or fully inspected and tested return unit under full warranty.
    2. Service Performance. You understand that fiber and DSL bandwidth is provided on a per line basis, and that the speed and bandwidth available to each computer or device connected to the network will vary depending upon the number and types of computers or devices using the Service and the type of use (e.g. streaming media or downloading larger files), as well as based on network congestion and the speed of servers you access on the Internet, among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration, your use of FiOS TV video on demand service, if applicable, the condition of your telephone line and the wiring inside your location, among other factors. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.
    3. Email Security. Verizon reserves the right in our sole discretion to provide the level of security we deem appropriate to safeguard our network and customers, and other Internet users, against Internet threats or abuses, including without limitations, viruses, spam, phishing, identity theft and any other potentially disabling or harmful threat or abuse. These security measures may include but are not limited to, the use of firewalls and blocklists to block potentially harmful or abusive emails or attachments, anti-spam filters anti-virus or anti-spyware software, or blocking selected ports. Such activities may result in the blocking, filtering or non-delivery of legitimate and non-legitimate email sent to or from your email account. By using any Verizon-provided email service, you agree that delivery and receipt of email is not guaranteed and to Verizon's use of such Internet and email security measures we in our sole discretion deem appropriate.
    4. Verizon Backup and Maintenance. Verizon may use, copy, display, store, transmit, translate, rearrange, reformat, view and distribute your information to multiple Verizon servers. Verizon may access, copy, block or remove any Content stored on your Service, whether pursuant to a subpoena or otherwise. We do not guarantee that these procedures will prevent the loss of, alternation of, or the improper access to, your information.
  14. Termination for Default. Either party may terminate or cancel this Agreement if the other fails to cure a material breach of the Agreement within thirty (30) calendar days after receiving written notice of the breach. We reserve the right, but assume no obligation, to suspend performance immediately if you are more than thirty (30) calendar days overdue in payments or if, in our reasonable judgment, you have violated any provision of this Agreement, including our AUP.
  15. Monitoring of System Performance. Verizon automatically measures and monitors network performance and the performance of your Internet connection in order to improve the level of Service. Verizon also will access information about your computer's settings in order to provide customized technical support. You agree to permit us to access your computer's settings in order to provide customized technical support. You agree to permit us to access your computer and Equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Service. You also consent to Verizon's monitoring of your Internet connection and network performance, and to our accessing and adjusting your computer and Equipment settings, as they relate to the Service, Software, or other services, which we may offer from time to time. Verizon does not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of Verizon or its authorized vendors, contractors and agents.
  16. Government Entities. Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Verizon or its third party licensors, providers and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement, or any modification.
  17. Resolution of Disputes.
    1. The parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, which the parties agree may be filed only in a court located in Fairfax County, Virginia, the parties agree to use the following alternative dispute resolution procedure as their sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach. The parties further agree that this Agreement does not permit class arbitration, even if the procedures or rules of the American Arbitration Association (or other dispute resolution organization or body) would otherwise permit it.
    2. At the written request of a party, each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The parties intend that these negotiations be conducted by non-lawyer, business representatives. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may mutually agree to utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in the arbitration described below or in any lawsuit without the concurrence of all parties. Documents identified in or provided with such communications that are not prepared for purposes of the negotiations are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration or lawsuit.
    3. If the negotiations do not resolve the dispute within sixty (60) calendar days of the initial written request, and the amount in controversy exceeds five thousand ($5,000.00) dollars or the jurisdictional limit for small claims court in the jurisdiction in which service is provided (whichever is less), the dispute shall be submitted to binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. A party may demand such arbitration in accordance with the procedures set out in those rules. Discovery shall be controlled by the arbitrator and shall be permitted to the extent set out in this section. Each party may submit in writing to a party, and that party shall so respond, to a maximum of any combination of twenty-five (25) (none of which may have subparts) of the following: interrogatories, demands to produce documents and requests for admission. Each party is also entitled to take the oral deposition of one (1) individual representing another party. Additional discovery may be permitted upon mutual agreement of the parties. The arbitration hearing shall be commenced within sixty (60) calendar days of the demand for arbitration. The arbitration shall be held in Fairfax County of the Commonwealth of Virginia. The arbitrator shall control the scheduling so as to process the matter expeditiously. The parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within thirty (30) calendar days after the close of hearings. The times specified in this section may be changed upon mutual agreement of the parties or by the arbitrator upon a showing of good cause. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
    4. If the negotiations do not resolve the dispute within sixty (60) calendar days of the initial written request, and the amount in controversy does not exceed five thousand ($5,000.00) dollars or the jurisdictional limit for small claims court in the jurisdiction is which service is provided (whichever is less), the dispute may be submitted to small claims court in the jurisdiction in which service is provided for resolution in accordance with its rules and procedures.
    5. Each party shall bear its own costs of these procedures. A party seeking discovery shall reimburse the responding party the costs of production of documents (to include reasonable search time and reproduction costs). The parties shall equally split the fees of the arbitration and the arbitrator.
  18. Limitation of Liability. IN NO EVENT SHALL VERIZON OR ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR (A) ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY.
  19. Limitation of Damages. OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY NON-INSTALLATION, SECURITY BREACH, FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL TAXES) YOU HAVE PAID TO VERIZON FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THESE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  20. Third Party Beneficiaries. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO VERIZON'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. Visicom Media, Inc., Radialpoint Inc., McAfee Inc., Echoworx Corporation and DigiData Corporation are each a third party beneficiary of this Agreement capable of enforcing its terms independently from Verizon.
  21. IP Addresses and Domain Name Registration.
    1. IP Addresses. Upon expiration, cancellation or termination of this Agreement for any reason, you agree to return to us any IP addresses or address blocks assigned to you by us. If we deem it necessary, you may be required to renumber the IP addresses assigned to you by us.
    2. Domain Name Registration; Ownership Verification. Independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars provide domain name registration services. You hereby authorize Verizon or its licensors if requested, to transfer in or acquire your selected domain name from a TPDNV. Verizon does not guarantee that your choice of names is or will continue to be available for use as a domain name. In order to receive a domain name, you must agree and remain agreeable through the use of the domain name, to the TPDNVs' terms of service which the TPDNV may change at any time in their sole discretion. You understand that you will be subject to a separate contractual relationship between you and the TPDNV, and that you, and not Verizon or its licensors or its affiliates, are responsible for all liability and obligations in connection with that relationship. For more information, please see the Domain Name Services Agreement located at http://business.verizon.net/SMBPortalWeb/policies. Except as otherwise provided by your Service or Bundled Service plan, all fees associated with domain name registration and periodic maintenance or renewal of domain names, are your responsibility. Verizon will bill such fees to you on a monthly basis until such time that you notify Verizon that you no longer wish for Verizon to be the administrative contact for your domain. Prior to providing the Service to you, Verizon will verify that you own or control the domain names you specify. If you do not own or control the domain names, then Verizon will have no obligation to provide you with the Service.
  22. Force Majeure. If the performance of any obligation hereunder is interfered with by reason of any circumstance beyond our reasonable control, including but not limited to acts of God, labor strikes and other labor disturbances, power surges or failures, or the act or omission of any third party, we shall be excused from such performance to the extent necessary, provided that we shall use reasonable efforts to remove such causes of nonperformance.
  23. Publicity. Customer shall not use any trademark, trade name, trade dress or any name, picture or logo which is commonly identified with Verizon or its affiliates, or from which any association with Verizon or its affiliates may be inferred or implied, in any manner without the prior written permission of Verizon.
  24. Choice of Law. Except as otherwise required by law, you and Verizon agree that the substantive laws of the Commonwealth of Virginia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 17 OF THIS AGREEMENT, YOU AND VERIZON CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Virginia laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
  25. Miscellaneous. The terms and conditions of this Agreement supersede all previous agreements, proposals or representations related to the Service. You may not assign this Agreement without our prior written consent. We may freely assign this Agreement. Any changes to this Agreement, or any additional or different terms in your purchase orders, acknowledgments or other documents, will not be effective unless expressly agreed to in writing by us. Any notices or demands or other communications under the terms of this Agreement or under any statute must be communicated in writing. Notices to us must be made to the attention of the Legal Department and sent to the address* listed below by first class U.S. mail, or nationally recognized overnight express courier. Notices shall be deemed to have been given on receipt if delivered by overnight express courier or three (3) days after delivery to the United States Postal Service if mailed. Notices to you will be sent either to your billing address on file with Verizon or in the manner set forth in Section 8 (e) above. If any of the terms or conditions in this agreement are properly found to be invalid or unenforceable by a court or government body of competent jurisdiction, the remaining terms or conditions of this agreement shall not be affected by the finding and shall continue to apply as necessary to reflect the original intention of the parties. Verizon's failure at any time to enforce any provision of this Agreement or any right or remedy available hereunder or at law or equity, or to exercise any option herein provided shall in no way be construed to be a waiver of such provision, right, remedy or option or in any other way affect the validity of this Agreement. The exercise by Verizon of any rights, remedies or options provided in this Agreement or at law or equity shall not preclude or prejudice Verizon from exercising thereafter the same or any other rights or remedies or options.

    * Verizon Online LLC
    22001 Loudoun County Parkway
    MS: E1-3-218, Legal Department
    Ashburn, VA 20147

ATTACHMENT A

PLEASE READ THEM CAREFULLY

The following terms and conditions apply to the specific Feature/Additional Services described below and are in addition to those set forth in the Agreement. The terms and conditions of the Agreement are attached hereto and incorporated herein by reference. In the event of a conflict between the terms stated in this Attachment A and those in the Agreement, the terms of the Agreement will control. All defined terms in this Attachment A will have the same meaning as set forth in the Agreement unless otherwise defined below.

  1. Verizon (Domain Name) Email Service ("EM Service").
    1. Service Description. EM Service is separate from the Verizon.net email service and provides you with business email services and includes domain name services. Use of EM Service is subject to Verizon's email and anti-spam policies, including limitations on the number and /or size of email messages that may be sent during a given time period, or the number of recipients of a particular email. EM Service does not include Internet access or other interLATA transport services.
    2. Service Level Guarantee and Limited Remedy. A description of the current Service Level Guarantee applicable to EM Service is available on our Web site at http://www2.verizon.net/policies/outsourced_agreement.asp and is incorporated herein by reference. We reserve the right to change, amend, or revise the Service Level Guarantee at any time, with or without prior notice. In the event of any change in the Service Level Guarantee, your warranties and/or remedies may change. This Service Level Guarantee is not applicable to promotional accounts or EM Services provided to you at no charge or for basic level email accounts purchased by you. THE WARRANTIES AND/OR REMEDIES DESCRIBED IN THE THEN-CURRENT SERVICE LEVEL GUARANTEE FOR THE APPLICABLE BUSINESS E-M SERVICE ARE YOUR SOLE REMEDIES UNDER THE AGREEMENT. THIS SERVICE LEVEL GUARANTEE IS THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR DEFECT OF EM SERVICE.
    3. Renewal. You may renew the EM Service associated with HSI Service by calling 1-888-649-9500 or 1-888-244-4440 for FiOS Service before the expiration of your EM Service Term Plan. If your EM Service Term Plan expires before it has been renewed, then we may elect to continue to provide you with the EM Service on a month-to-month basis, at our then-current undiscounted list price, until the EM Service has been renewed in writing or terminated.
    4. Service Cancellation. You may cancel the EM Service at any time by providing us thirty (30) calendar days prior written notice. In the event you wish to cancel your EM Service, you may do so by calling 1-888-649-9500 if associated with HSI Service or 1-888-244-4440 for FiOS Service. If you cancel during your Term Plan, you agree to pay us: (a) all Service fees accrued as of the cancellation date and (b) a termination charge equal to fifty percent (50%) of the applicable monthly rate times the number of months remaining in your Term Plan. You are responsible in all cases for the full amount of telephone company circuit cancellation charges incurred by you as a result of your cancellation.
    5. Billing. We will invoice you on a monthly basis, based on the average number of mailboxes in service for the previous calendar month based on the daily number of mailboxes in service (excluding email accounts provided to you at no charge).
    6. Email Security. The Email Security provisions in Section 13 (c) apply to the EM Service. By using the EM Service (or any Verizon-provided email service), you agree that email delivery and receipt is not guaranteed and to Verizon's use of such Internet and email security measures we in our sole discretion deem appropriate.
  2. Mobility Service.
    1. Service Description. Mobility Service provides you with analog or digital access to the Internet.
    2. Payment. You will generally be billed on a monthly basis with monthly recurring charges billed in advance.
    3. Acceptable Usage. You agree to use your Mobility Service account(s) only in association with HSI or FiOS Service and solely according to the terms of this Agreement. Mobility Service may not be used to host a dedicated or commercial server, or a non-commercial server in violation of our AUP; only one log-on session per connection type at a time is permitted; and you may not have more than one newsgroup session for your User ID.
    4. Inactivity Disconnect Policy. If your account is idle for fifteen minutes, it will be subject to automatic log-off and without notice. An account session may be deemed to be idle if there appears to be no interactive, human-generated data received from the remote user's computer system within a prescribed amount of time. An automated check of email or pinging of the host or other server data will not be considered interactive or human generated.
    5. Local Telephone, Toll and Long Distance Charges. You are responsible for all telephone charges, regardless of whether you access the Service from your place of business or any other location . Verizon does not guarantee or warrant that any dial-up access numbers provided will be a local call from your location. VERIZON IS NOT RESPONSIBLE FOR ANY CHARGES, INCLUDING BUT NOT LIMITED TO LONG DISTANCE AND METERED LOCAL OR TOLL CHARGES INCURRED WHEN YOU ACCESS THE SERVICE. YOU SHOULD CHECK WITH YOUR LOCAL PHONE COMPANY TO DETERMINE WHETHER A DIAL-UP NUMBER YOU HAVE SELECTED IS A LOCAL CALL FROM YOUR LOCATION AND WHETHER ANY CHARGES APPLY. ADDITIONAL CHARGES, WHICH MAY BE SUBSTANTIAL, APPLY TO REMOTE DIAL-UP ACCESS, WHICH IS AVAILABLE FROM CERTAIN LOCATIONS ONLY.
  3. Personal Web Space and/or Verizon Online Backup and Sharing (VOBS).
    1. Service Description. Personal Web Space and Verizon Online Backup and Sharing ("Web Space") may be made available to you as an optional feature of HSI Service or FiOS Service. You are solely responsible for all Content you store on or retrieve from or attempt to store on or retrieve from Web Space. Additional terms and conditions applicable to Web Space, including pricing if applicable, are posted on the Website at My Web Space. You must read and accept these Web Space terms prior to your use of the Web Space. You understand that we do not provide telephone technical support for Web Space. Your Verizon Online Backup and Sharing account may be accessed from any suitable Internet connection.
    2. Termination. Notwithstanding any other provisions of this Agreement, in the event of a breach by you of this Agreement or the terms and conditions applicable to Web Space, Verizon reserves the right immediately to terminate your Web Space without notice. You agree that if your Service is terminated for any reason, Verizon has the right to immediately delete all data, files, and other content or information stored on your Web Space without further notice to you. It is your responsibility to remove or copy any content in your Web Space prior to termination or cancellation; otherwise, it may be lost. Verizon will also delete archived data. Web Space software license(s) are good for the life of your Web Space subscription, as long as you continue to subscribe to the Service. If for any reason your Service account is cancelled, your Web Space software license(s) will also automatically terminate.
    3. Use Requirements for Free Verizon Online Backup and Sharing Account ("Free Account"). If you sign up for a Free Account, you must actively use it. To "actively use" your account means to upload, download, backup or restore content to it. In the event you do not use your Free Account for a period of sixty (60) days or more, Verizon may cancel your Free Account. We will provide notice of cancellation by email to your primary verizon.net email address. Use of your Free Account within fourteen (14) calendar days of the date of your cancellation notice will reactivate your account. It is your responsibility to remove or copy any content in your Free Account prior to cancellation or termination; otherwise, it will be lost. Verizon may, at its election, also delete archived data.
    4. Inactivity Disconnect Policy. If your Verizon Online Backup and Sharing (VOBS) service is idle for fifteen minutes, it will be subject to automatic log-off. Your VOBS service may deemed idle if there appears to be no interactive, human-generated data received from the remote user's computer system within fifteen (15) minute period. An automated check of email or pinging of the host or other server data will not be considered interactive or human generated. Your VOBS will not be subject to automatic log-off if while you are accessing your account from a wireless device.
  4. Verizon Internet Security Suite.
    1. Service Description for Verizon Internet Security Suite by Radialpoint ("VISS by Radialpoint"). If you subscribe to VISS by Radialpoint the following terms and conditions apply with respect to any and all software obtained by Verizon from its third party licensor, Radialpoint:
      1. General. VISS by Radialpoint is manufactured by Radialpoint SafeCare General Partnership located at 2050 Rue de Bleury, Suite 300 Montreal, Quebec, H3A 2J5. Radialpoint™ is a trademark of Radialpoint SafeCare Inc. (hereunder, along with Radialpoint Safe Care General Partnership, referred to as Radialpoint). The personal jurisdiction and venue provisions in Section 24 shall not apply to any causes of action by or against Radialpoint under or in relation to this Agreement.
      2. You acknowledge and consent that Radialpoint: (i) may provide non-personally identifiable usage data collected in anonymous and aggregate form ("VISS Data") to its subcontractors in North America, for analysis of the performance of VISS, including the redundancy, reliability, and disaster recovery components of the services; and (ii) may use such VISS Data (1) to improve activation flow; and/or (2) as part of trends or reports published by Radialpoint.
    2. Service Description for Verizon Internet Security Suite Powered by McAfee and Verizon Internet Security Suite Multi-Device Powered by McAfee ("VISS Powered by McAfee") and" VISS Multi-Device Powered by McAfee". If you subscribe to VISS Powered by McAfee and VISS Multi-Device Powered by McAfee the following terms and conditions apply with respect to any and all software obtained by Verizon from its third party licensor, McAfee Inc.
      1. General. VISS Powered by McAfee and VISS Multi-Device Powered by McAfee are manufactured by McAfee, Inc. located at 2821 Mission College Boulevard, Santa Clara, CA 95054, which is a third party beneficiary of this Agreement capable of enforcing its terms independently from Verizon. By accepting, accessing or using either of these Additional Services, in addition to the terms set forth in this Agreement, You agree to be bound by the applicable terms of the McAfee Consumer Products End User License Agreement, located at http://home.mcafee.com/Root/AboutUs.aspx?id=eula for this Additional Service, which are incorporated by reference as if set forth in its entirety herein. Please review these terms carefully as they contain important limitations and conditions with respect to this Additional Service. The personal jurisdiction and venue provisions in Section 24 will not apply to any causes of action by or against McAfee Inc. under or in relation to this Agreement. You acknowledge and agree that claims against McAfee regarding the VISS Powered by McAfee and VISS Multi-Device Powered by McAfee will be governed by and construed in accordance with the substantive laws of the State of New York.
      2. Use of each license for VISS Powered by McAfee is limited to one computer. Updates to previous versions of VISS Powered by McAfee require a valid license to the previous version. After receiving an update, you may continue to use the previous version of VISS Powered by McAfee on the same computer to assist in transitioning to the update. Previous versions or copies thereof may not be transferred to another computer unless all copies of updates are also transferred. Prior versions of VISS Powered by McAfee will not be supported after an updated version has been installed. If You upgrade to VISS Multi-Device Powered by McAfee, you will no longer be able to use VISS Powered by McAfee.
      3. VISS Multi-Device Powered by McAfee allows for licenses on unlimited number of electronic devices, such as computers, cell phones, tablets or other computer related devices, as set forth in the particular plan You purchase from Verizon.
      4. VISS Powered by McAfee and VISS Multi-Device Powered by McAfee may include software programs licensed (or sublicensed) to the user under the GNU General Public License ("GPL") or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code ("Open Source Software"). The GPL requires that for any Open Source Software covered under the GPL, which is distributed in an executable binary format, that the source code also be made available. With VISS Powered by McAfee and VISS Multi-Device Powered by McAfee, the source code is made available as part of the download package. If any Open Source Software licenses require that McAfee provide rights to use, copy or modify a program that are broader than the rights granted herein, such rights willtake precedence.
      5. You acknowledge that VISS Powered by McAfee and VISS Multi-Device Powered by McAfee employ certain applications and tools to retrieve non-personally identifiable information about your computer system to provide and support VISS Powered by McAfee and VISS Multi-Device Powered by McAfee. Because this information is essential to providing quality service and up to the minute threat protection, there is no opt-out available for this information collection.
  5. Verizon Encrypted Mail and/or Verizon Encrypted Docs.
    If you subscribe to Verizon Encrypted Mail and/or Verizon Encrypted Docs, the following terms and conditions apply with respect to any and all software obtained by Verizon from its third party licensor, Echoworx Corporation:
    1. General. This Section 5sets forth the terms and conditions pursuant to which you may use Verizon Encrypted Mail and/or Verizon Encrypted Docs, including the Encrypted Mail Client Plug-In and Verizon Encrypted Docs Software (" Echoworx Client Software"), as it may be corrected, updated, modified, enhanced or replaced by Verizon from time to time, and any related documentation provided to you by Verizon from time to time in any form or medium. Together, the Echoworx Client Software and related documentation are referred to in this Agreement as "Verizon Encrypted Mail" and/or Verizon Encrypted Docs (together, Verizon Encrypted Mail and Verizon Encrypted Docs are referred to herein as "Encrypted Services"). Verizon Encrypted Mail and Verizon Encrypted Docs are the property of Verizon or its licensors, and are protected by copyright, patent and other intellectual property laws. Verizon Encrypted Mail and Verizon Encrypted Docs are licensed, not sold, to you for use only according to the terms of this Agreement, and Verizon and its licensors reserve all rights not expressly granted to you under this Agreement. Verizon Encrypted Mail and Verizon Encrypted Docs include any additional billing and support services that Verizon Online may provide in connection therewith.
    2. License Restrictions. Except as expressly permitted herein, you may not: (a) use the Encrypted Services except to receive the Verizon Encrypted Mail and/or Verizon Encrypted Docs ; (b) use, reproduce, copy, modify, adapt, translate, update or transmit the Encrypted Services, in whole or in part; (c) sell, rent, lease, license, transfer, distribute or otherwise provide access to the Encrypted Services to any third party; (d) alter, remove, or cover trademarks, copyright, or other proprietary notices or legends in or on the Encrypted Services; (e) decompile, disassemble, decrypt, extract or otherwise attempt or assist others to reverse engineer or derive the source code to the Echoworx Client Software; (f) use the Encrypted Services for service bureau purposes or otherwise to provide services to or for the benefit of any third party; (g) use the Echoworx Client Software on any computer or computer system that does not meet the minimum requirements specified by Verizon from time to time; or (h) use the Echoworx Client Software in the operation of critical data systems or other applications or uses, for which the failure of the Echoworx Client Software could lead to death, personal injury, or other physical damage.
    3. Ownership. You acknowledge and agree that Verizon or its licensors own all right, title and interest in and to the Echoworx Client Software, and that this Agreement does not grant to you any right, title or interest in or to the Encrypted Services, other than the limited license granted herein. This license is not a sale of a copy of any of the Encrypted Services and does not render you the owner of a copy of any of the Encrypted Services.
    4. Transfer. You may not assign this Agreement or otherwise transfer the Encrypted Services without the prior written consent of Verizon.
    5. Export and Territorial Restrictions. The Encrypted Services contain encryption technology that is controlled for export by the U.S. and Canadian governments, and may be subject to import and/or use regulations in other jurisdictions. It is your responsibility to comply with laws and regulations relating to the export, import and use of the Echoworx Client Software and the Encrypted Services. You represent, warrant and covenant that you are not and will not be (i) a national of or resident of Cuba, Iran, Libya, North Korea, Sudan, Syria, and Myanmar or to persons or entities prohibited from receiving U.S. exports; (ii) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or Entity List; or (iii) a resident of any jurisdiction to which export or re-export of the Encrypted Services are prohibited, including, without limitation, jurisdictions included under the Area Control List of the Exports and Imports Permit Act of Canada. You will not, in any manner whatsoever, remove, convey, export, re-export or transmit the Encrypted Services in a manner that would contravene the spirit or the letter of any export law, regulations or policies in any country, including any international treaties or agreements, and you will not permit, encourage, assist or facilitate such activities by any other person or entity.
    6. United States Government. The Echoworx Client Software and related documentation are "commercial computer software" and "commercial computer software documentation", respectively; as such terms are used in DFAR Section 227.7202 and FAR Section 12.212 (or successor regulations), as applicable. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through § 227.7202-4, Verizon is providing the Encrypted Services to U.S. Government end users only pursuant to the terms and conditions of this Agreement. If you are licensing the Encrypted Services on behalf of a government other than the U.S. Government, then, to the extent that you operate under laws similar to those U.S. laws addressed in C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through § 227.7202-4, the Encrypted Services are licensed to you only pursuant to the terms and conditions of this Agreement.
    7. Acknowledgements. The Echoworx Client Software incorporates AES Rijndael Block Cipher, Written by Vincent Rijndael, Antoon Bosselaers, Paulo Barreto, Copyright (C) version 2.9 (December 2000), optimised ANSI C code for the Rijndael cipher (now AES), AND IS PROVIDED BY THE AUTHORS ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
    8. Encrypted Mail and Encrypted Docs are provided by Echoworx Corporation.
  6. Verizon Premium Technical Support for Business ("PTS").
    1. Service Description and Scope of Support. Verizon Premium Technical Support for Business is a service intended to address issues outside the scope of Verizon's standard technical support. PTS includes: (a) configuration troubleshooting; (b) evaluation of and attempts to correct software, operating systems and networking issues; (c) virus/spyware support; and (d) software and peripherals support for network, video and sound cards, memory, hard drives, CD/DVD reader/writers, printers, scanners and home networking equipment. All PTS services are offered in English only.
    2. Limitations of PTS.
      1. PTS does not support all software, hardware or Internet-related products, applications or features and we reserve the right to defer support issues to your equipment or software vendor. PTS does not include training on hardware or software use.
      2. PTS is not intended to replace the more advanced technical support that may be available from hardware or software manufacturers.
      3. PTS is for incident-specific troubleshooting and problem resolution, and excludes: i) computer programming; ii) software development; iii) warranty repairs or product replacement; iv) support for Windows® 95 and earlier versions of Windows; v) support of MAC operating systems earlier than OS X; vi) problems or issues arising out of any impermissible or unauthorized use or modification of a product or vii) upgrades of firmware, software, operating systems, or applications. Use of PTS does not constitute a license to use the software, applications or equipment being supported, or an upgrade thereto. You are responsible for obtaining any necessary licenses to use your software and applications.
      4. In some cases, we may not be able to diagnose or resolve a problem because of complications with your computer or its configuration. PTS is offered as a "best efforts" service and without warranty except as specifically set forth in this Agreement. We reserve the right to refuse to troubleshoot software not on our list of supported products.
      5. You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that we may not have the ability to obtain the information necessary to resolve a specific technical problem.
    3. Your Responsibilities.
      1. In order for us to provide PTS, you must first confirm that you have: a) full access (including any required licenses) to the hardware and/or software that is the basis of the problem; and (b) completed a back-up of any data, software, information or other files stored on your computer disks and/or drives that may be impacted. Verizon is not responsible for the loss, corruption or alteration of data, software or files that may result from performance of PTS by our technicians. You also acknowledge and agree that you are the owner or authorized user of any hardware or software about which you are contacting us. PTS is only available to you and those residing at your location. PTS is not transferrable to any third party.
      2. You agree to cooperate with and follow instructions provided by Verizon and acknowledge that such cooperation by you is essential to our delivery of PTS to you.
      3. You hereby grant Verizon permission to view, access and modify your computer, computer (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform PTS.
      4. You are responsible for any and all restoration and reconstruction of lost or altered files, data, or programs, and for ensuring that any information or data disclosed to Verizon is not confidential or proprietary to you or any third party.
    4. Support Procedures.
      1. Purchase Terms. PTS can be purchased either: (a) for an unlimited number of Incidents for a term beginning on the date you order PTS and continuing for the duration of the plan you selected ("Term Plan"); or (b) on a per-Incident basis (the "Per-Incident Service Plan"). For the Per-Incident Service Plan, Verizon will address a single Incident (as defined in Section 5 (ii) below) which shall include follow-up calls, as reasonable and necessary, regarding the Incident. Once an Incident is resolved (as set forth in Section 5 (iii) below), you may call back and obtain assistance on the same Incident for up to seventy-two (72) hours at no additional charge, after which the Incident will be considered closed. Once an Incident has been closed by Verizon, any further calls or requests for assistance will be considered a new Incident and additional fees will apply if you subscribe to our Per-Incident Service Plan. IF YOU PURCHASE PTS UNDER A TERM PLAN AND YOUR SERVICE IS TERMINATED BY YOU (OR BY US IF YOU BREACH THIS AGREEMENT) BEFORE COMPLETING YOUR TERM, THEN, UPON TERMINATION OF YOUR SERVICE, YOU AGREE TO PAY VERIZON AN EARLY TERMINATION FEE IN THE AMOUNT SET FORTH IN THE PLAN YOU HAVE CHOSEN.
      2. "Incident" means a specific, discrete problem for which Verizon will attempt to isolate its origin to a single cause. Verizon, in its sole discretion, will determine what constitutes an Incident.
      3. An Incident will be considered resolved when you receive one of the following: (a) information or advice that resolves the Incident; (b) information on how to obtain a software solution that will resolve the Incident; (c) notice that the Incident is caused by a known, unresolved issue or an incompatibility issue; (d) information that the Incident can be resolved by upgrading to a newer release of a product; (e) notice that the Incident has been identified as a hardware equipment issue; or if (f) you cannot, or elect not to, pursue the course of action we recommend.
      4. Our advice to you may include steps that you will need to take before the Incident can be resolved, such as buying cables or cords, acquiring software, etc. and we will keep your service request open for future reference when you are ready to resume the process.
    5. Third Party Warranties. Third-party equipment, software and peripheral products are covered by the warranties provided by the original manufacturer or the seller of the product. Third party warranties may vary from product to product. It is your responsibility to consult the applicable product documentation for specific warranty information. In addition, you acknowledge that certain third party equipment or software warranties may limit or void the remedies that they offer if unauthorized persons perform support service on the equipment or software. It is your responsibility to ensure that any impact that Verizon's delivery of PTS might have on third party warranties is acceptable to you.
    6. Customer Specific Service. PTS is only available to you and to persons you authorize. In either case, the terms of this Agreement will apply to the PTS services we perform.
    7. LIMITATION OF LIABILITY. VERIZON'S TOTAL LIABILITY ARISING OUT OF THE PTS SERVICE, OR FROM VERIZON'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE LIMITED, AT VERIZON'S SOLE DISCRETION AND OPTION, (A) TO REPERFORMING THE PTS SERVICE, OR (B) AS SET FORTH IN SECTIONS 18 AND 19 OF THE AGREEMENT; EXCEPT THAT, IN THE CASE OF PER-INCIDENT SERVICE PLANS, YOUR REMEDIES WILL BE LIMITED TO A REFUND OF THE CHARGES AND FEES PAID FOR THE PTS SERVICE GIVING RISE TO THE CLAIM, IF ANY. THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE.
    8. V-14.1 Effective January 18, 2014

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