31 Jul 2009
AGREEMENT FOR GLOBAL NETWORK ACCESS TO INTERNET SERVICES - FOR BUSINESS CUSTOMERS ONLY
This Agreement consists of the Service Terms stated herein, terms and conditions stated herein, the AT&T Service Guide located at http://www.corp.att.com/abs/serviceguide/docs/bis_corp_cc_cust_sg.doc (or any other location AT&T may designate in the future) and the AT&T Acceptable Use Policy located at www.mybulled.com/aup (collectively "Agreement"). AT&T reserves the right to modify this Agreement, the Service Guide or the AUP at any time. AT&T will provide you with a 30 day e-mail notice (to Your address on record) of any changes to the Service Terms and in case of the Service Guide and the AUP you may subscribe to the automatic notification to receive notices of any changes. If you do not accept all of the new terms, you have the right to terminate this Agreement without a penalty by giving Us 30 day notice to that effect. Your continuing use of the Service shall constitute the acceptance of the modified terms. In the event of conflict among the documents, the order of priority shall be this Service Terms, the Service Guide and then the AUP. The AT&T Business Internet Service ("Service") as further described in the Service Guide is being provided to you, the end user legal entity duly incorporated as a business under the laws of the country in which you are registering for use of the Service.("You"), by Your local service provider ("We" or "Us"). By agreeing and accepting the provisions of this Agreement You confirm and warrant that You are not buying the Service for your or your end users private needs and/or purposes and acknowledge that this Service is being sold to you as a business customer (and not a consumer, and/or outside of the United States a small business entity within the meaning of any applicable consumer protection laws or as they may be extended to small businesses outside the United States) only and by buying it You agree that You and your end users shall not use the Service for your private needs or purposes. Please read the accompanying materials and all pages of this Agreement before proceeding. You agree to periodically read and comprehend the content of each document incorporated into this Agreement by reference. You are authorized to access and use this Service when You have completely filled in all the required registration information and indicated Your agreement with terms of this Service as described in the registration instructions.
This Agreement, its Fee Schedule and Your registration information are the complete agreement between You and Us regarding this Service and replace any prior oral or other communications between us. In case of any conflict between the Agreement and its Fee Schedule, the Fee Schedule shall take precedence.
This Agreement is provided to you on month-to month basis. YOUR ACTION IS REQUIRED TO CANCEL THE SERVICE. For additional information about how to cancel your account, please review the FAQs or contact your help desk at https://help.attbusiness.net/index.cfm?fuseaction=contact_us.viewHelpNumbers.
You may incur Registration, Dial Access and Help Desk Assistance charges as specified in the Fee Schedule when using this Service. Dial Access charges are computed using a 36 second minimum and 36 second minimum increments for each dial access. The Fee Schedule can be found at http://services.attglobal.net/svc?type=APS&p185=HELP&p29=ATTWEB&p201=ATT.
You may pay for the Service with Your corporate credit card. All charges that You incur for use of the Service will be debited to the corporate credit card number You provide to Us. Should You decide not to use the Service, You must cancel Your registration or You will be invoiced for the relevant charges for the Service. You are responsible for providing and updating all credit card information required for Us to debit valid charges to the card. We may take commercially reasonable actions to validate Your corporate credit card. Should this credit card number expire or should We otherwise be unable to debit valid charges to this credit card number, We may immediately and without notice withdraw (revoke) Your access to the Service. We may cancel (terminate) your account if your account is in a revoked status for one year or longer.
Under this Agreement, We provide You dial access to and use of the Service for the specific purpose of enabling You to access the Internet and offerings available on the Internet. Dial access is via telephone number(s) which We provide to You. When You use the Service, You will incur charges in accordance with the Fee Schedule. In addition, You are responsible for any PTT or telephone charges You incur in accessing the Service.
With regard to Internet offerings, You are responsible for:
a. determining what offerings are available via the Internet and whether or not an offering meets Your requirements;
b. obtaining user IDs in order to access other offerings and contacting the provider directly if You have problems with their offering;
c. obtaining and adhering to all other terms associated with usage of Internet, a specific Internet offering, or an intermediate provider's offering which We use for access to the Internet.
3) Access to Internet Service Description
We provide only access to the Internet. We do not own or control all of the various facilities and communication lines through which access may be provided. Accordingly, We shall not be responsible for user/access security nor do we warrant that the available access number will be a local call from your area code and exchange.
Each Internet provider owns, maintains, and/or supports its offering. Availability and content of an Internet offering are the responsibility of the Internet offering provider. Certain Internet offerings may contain language or pictures which some individuals may find offensive, inflammatory, or of an adult nature. Such contents are the sole responsibility of the Internet offering provider. We do not endorse such materials and disclaim any and all liability for their content.
4) Electronic Communications
Each of us may communicate with the other by electronic means as described in this Agreement and its registration information. Each of us agrees to the following for all electronic communications:
a. the User Identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender′s identity and the communication′s authenticity;
b. an electronic communication sent by You containing Your User Identification establishes You as its originator and has the same effect as a document with Your written signature on it: and
c. an electronic communication, or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
5) General Terms
In the event that You maintain an electronic mailbox under this Service, and 1) Your mailbox has not received mail within the past 90 days and 2) You have not accessed the mailbox within the past 90 days; then We will delete the entire contents of the mailbox.
Each of us agrees that:
a. except for registration information (including Your credit card information), all information exchanged by both of us is non-confidential;
b. unless otherwise provided for in this Agreement, either party may terminate this Agreement, with or without cause, by giving the other party 30 day notice to that effect;
c. neither party grants the other any license to use either party's patents, copyrights, trade secrets, or any other intellectual property rights;
d. neither party will bring a legal action more than two years after the cause of action arose;
e. if any provision of this Agreement is determined to be invalid, all other provisions shall remain in force;
f. this Agreement and all Your rights and obligations are governed by the substantive laws of the State of New York, United States of America (excluding its choice of law rules) and You agree to comply with the laws of the country in which Your local service provider is located (the country where You will be primarily accessing the Service); and
g. as a traveling user guest in a country (roaming), You agree to comply with all applicable laws, regulations, or conventions in the country where Your transaction is performed, including but not limited to the country unique terms contained in the Service Guide;
h. if You need access in another country for an extended period (e.g., longer than one month or more than three non-consecutive months in one year) You must make another registration in that country with the appropriate local Service provider.
6) Our Responsibilities
a. provide You with a User Identification code to enable access to the Service. The Service allows You to enter and maintain Your registration information;
b. send any electronic notice to You at the User Identification code We provide You;
c. provide You with a telephone number to enable You to connect to the Service;
d. provide You with a 30 days written e-mail notice (to Your address on record) if We change or terminate this Agreement, increase Service charges, or change invoicing procedures. If you do not accept all of the new terms or changes, you have the right to terminate this Agreement without a penalty by giving Us 30 day notice to that effect; and
e. provide access to the current Agreement and any succeeding Agreement, as applicable so that You may retrieve it, view it online and store it.
f. terminate the Service immediately (in whole or in part) if in Our opinion, Your use of the Service violates any the terms of this Agreement or if We receive an order from a court of competent jurisdiction requiring Us to do so.
7) Your Responsibilities
You agree represent and warrant:
a. that You are entitled to contract for this Service without the consent of another person;
b. that You are not a consumer (and/or outside of the United States a small business entity) within the meaning of any applicable consumer protection laws (as they may be extended to small businesses outside the United States).
c. that You are not buying the Service for your private needs, purposes or use.
d. to review any Agreement updates We provide. Your continued use of the Service shall be construed as Your acceptance of the updated Agreement terms. If you do not accept all of the new terms or changes, you have the right to terminate this Agreement without a penalty by giving Us 30 day notice to that effect;
e. to provide to Us, Your accurate and truthful registration information (such as Your name, address, telephone number, credit card information, Your business registration number, tax identification number, company number and/or other similar information) and to keep current all registration information, using the Service;
f. that We may use Your name, User Identification code and other identifying information in Our user directory and that We may transmit your personal information outside of Your country of registration and to third parties as needed to support of our Service;
g. not to assign, or otherwise transfer, this Agreement or Your rights under it, delegate Your obligations, or resell the Service. Any attempt to do so is automatically void;
h. to comply at all times with the AT&T Acceptable Use Policy ("AT&T AUP"), currently located at www.mybulled.com/aup;
i. to obtain, install, and maintain suitable equipment and software as necessary to access the Service;
j. to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data;
k. to give all required notices under this Agreement by calling your help desk at https://help.attbusiness.net/index.cfm?fuseaction=contact_us.viewHelpNumbers, except in case of cancellation of the Service, where you may also chose to do it online as specified in FAQs;
l. to pay charges for all Service usage You incur and all applicable taxes;
m. to promptly notify Us if you suspect unauthorized use of the Service or your User Identification. Until notified, You remain responsible for unauthorized use. Liability for use of a credit, debit or charge card remains subject to Your agreement with Your card issuer;
n. to provide Us with the requested identification when requesting password reset or in connection with other security matters; and
o. to indemnify Us or any of our affiliates for any damages or costs associated with Your breach or failure to perform Your responsibilities hereunder.
8) Disclaimer of Warranty and Limitation of Liability
THE SERVICE, PROGRAM AND ANY OTHER PRODUCT WHICH WE PROVIDE TO YOU AS PART OF OUR SERVICE ARE PROVIDED "AS IS." EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER WE NOR OUR LICENSORS MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO OUR PROGRAM, SERVICE, AND/OR RELATED PRODUCTS THAT WE OR OUR LICENSORS PROVIDE OR THE SERVICE AND/OR PRODUCTS OF ANY OTHER SERVICE PROVIDER. DO NOT USE THE PROGRAM, SERVICE OR RELATED PRODUCTS IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. WE DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S). ALL SUCH WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED. WITHOUT LIMITATION, NO WARRANTY IS GIVEN THAT THE PROGRAM, SERVICE OR PRODUCTS ARE ERROR-FREE.
WE DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.
WE, INCLUDING OUR LICENSORS, DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR ACCESS OR USE OF THE PROGRAM, SERVICE, AND/OR RELATED PRODUCTS WE PROVIDE OR ANY OTHER SERVICE PROVIDER'S SERVICE OR PRODUCTS INFRINGES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT ARE WE OR OUR LICENSORS LIABLE FOR: A) DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE TO REALIZE EXPECTED SAVINGS; OR, B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
This Section applies to all claims by You irrespective of the cause of action underlying Your claim, including, but not limited to: a) breach of contract, even if in the nature of a breach of condition or a fundamental term or a fundamental breach, or b) tort, including but not limited to negligence or misrepresentation.
This Agreement does not provide any third party (including Your end users) with any remedy, claim, liability, reimbursement, cause of action or other third party beneficiary right or privilege.
In no event are We or Our licensors liable for any damages arising from Your failure to perform Your responsibility in connection with this Agreement, or arising from any cause beyond Our control, including but not limited to delay in the performance of Our obligations or misuse of Your Userids. All limitations and disclaimers stated in this Section also apply to Our licensors as intended beneficiaries of this Agreement. Any rights or limits stated herein are the maximum for which we are collectively responsible.
You have represented to Us that You are a business customer and that You are not using the Service for personal needs or purposes. However, if certain laws apply to You in the country where you are registered, which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages, we agree that you may choose to (i) terminate the Service upon notice to Us and we will refund you any unused portion of the prepaid fees; or (ii) if You are allowed to (which You agree to research and determine on your own), You agree to waive any right you may have under the laws of the country where you are registered, and We will continue to provide the Service to You on the terms of this Agreement. 9) Handling of Your Information
We maintain security procedures for your data while it is stored on or transmitted over equipment and facilities we control.
You are responsible for management of Your data stored on or transmitted over our network. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space You control, and your selection and use of the security facilities and options that We provide as Services. Apart from the Services We provide, You are responsible to develop and maintain any security procedures You deem appropriate, such as logon security and encryption of data, to protect Your information.
We may need to view and work with portions of the data You transmit over our network and You agree that We may use, copy, display, store, transmit, translate, rearrange or reformat, view and distribute Your data domestically and internationally for any purpose including network management, maintenance, product development and enhancement.
9) Service Availability and Access
This Service is generally available daily, seven days a week, except for maintenance. Service maintenance generally takes place from 3 a.m. until 5 a.m. (U.S. Eastern time) on Sunday. In addition, the registration facilities are generally not available from 9 p.m. Saturday until 5 a.m. (U.S. Eastern time) on Sunday. However, We may at anytime without notice or liability restrict the use of the Service or limit its time of availability in order to perform maintenance activities.
Service is available under this Agreement with the corporate credit card registration and payment option in the following countries: Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Croatia, Curacao, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Germany, Greece, Hong Kong, Hungary, Indonesia, Ireland, Israel, Italy, Japan, Luxembourg, Malaysia, Mexico, Netherlands, New Zealand, Norway, Pakistan, Peru, Philippines, Portugal, Singapore, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Turkey, United Kingdom, United States and Venezuela.
Business Internet Service is available in additional countries as specified in the applicable Service Guide but not with the corporate credit card payment option.
You represent that You are not a specifically designated individual or entity under any U.S. embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the U.S. Government limiting, barring, revoking or denying, in whole or in part, Your U.S. export privileges. You agree to notify Your local Service provider immediately in the event You become subject to any such order.
List of the local service providers and country specific terms and conditions are available at http://www.corp.att.com/abs/serviceguide/docs/bis_corp_cc_cust_sg.doc. These terms and conditions form an integral part of this Agreement.
If You connect to the Service automatically, without manually entering Your User Identification code, You must understand that anyone, including a child, who has access to Your computer can also gain access to the Service or other services that You disapprove of and could abuse Your personal registration information. You remain responsible for misuse of the Service by others who have access to it.