If you subscribe to Verizon FIOS Services, the following terms apply, in addition to the general terms of service and any other terms applicable.
Verizon FIOS Services
1. The following terms apply to any service using Verizon FIOS resold by Skywire
The term “FIOS Service” shall mean Verizon Fios sm Internet Service for Business (“Verizon Fios IS”), Verizon Business E-Mail Service (“EM Service”), including all Software (as defined in Paragraph below), and such other products or services as you may subscribe to with Verizon as resold by Skywire. The Service shall also include any software or hardware that Skywire or Verizon provides you in connection with the Service to which you have subscribed.
2. Service Description.
Fios Service provides you dedicated access to the Internet over a fiber optic transmission facility. You may connect multiple computers/devices with in a single office location to your Service router to access the Service, but only through a single Fios Service account and a single IP address obtained from Verizon. Where available, Fios Service customers may use their Fios Service account to connect through an analog connection, but these connections will be subject to usage thresholds and additional per hour and monthly charges, depending on the Service to which you subscribed. Additional User IDs provided for Fios Service customers’ email boxes are not intended for use as dial-up connections. Any usage associated with additional email box User IDs will be charged the per hour rate associated with usage above the monthly allotment for analog Dial-up Service (where available). The number of mailboxes available to you depends upon the Fios Service to which you have subscribed. Further details of the Fios Service are set forth in the Service Description for the applicable version of Service you have selected or as indicated on the Quotation. Service Descriptions are available from your sales representative; the Service Description is incorporated herein by reference.
3. Service Availability:
FIOS Service may not be available in all areas or at the speeds or bandwidths set forth herein, and is offered only in such areas or at the speeds or bandwidths as Verizon in its sole discretion may determine from time to time, and (ii) Verizon, in its sole discretion, may decline to provide FIOS Service (and/or terminate FIOS Service where already installed) to such locations and/or geographic areas as Verizon in its sole discretion may determine from time to time. Some locations will not qualify for the FIOS Service even if initial testing by Verizon indicates that the location is qualified to receive the FIOS Service. Customer understands and agrees that the FIOS Service may not meet its needs, and that performance of the FIOS Service may vary based on various factors. Customer hereby waives any and all claims against Verizon and Skywire pertaining to or arising from an End User’s use (or inability to use) the FIOS Service.
4. No Warranties.
ADVICE OR INFORMATION GIVEN BY SKYWIRE OR 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, WE 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, NEITHER SKYWIRE NOR VERIZON GUARENTEES THAT FIOS SERVICESERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIONING AND PERFORMANCE (SPEED) OF FIOS SERVICESERVICE 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.
5. Indemnification.
You agree to indemnify Skywire and Verizon (“us” or “we”) and hold us harmless for any damages, costs, liabilities and attorney’s fees we incur from any claim arising from your use of the Services, or the use of your FIOS ServiceFIOS Service by others, including without limitation, violation of the copyrights, trademarks or other intellectual property rights of others, your combination of the FIOS Services with other products or services not provided by us, or your modification of the Services. 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.
6. Your Responsibilities.
You represent that you are over the age of eighteen. You further acknowledge and agree that you are solely responsible for all use of the Service and the manner in which the Service is used, including without limitation the protection, storage, backup and security of your data, software, computer network and other facilities; your choice of equipment, software (including all upgrades thereto) and online content; and all other matters related to how you access and use the Service. You agree that your use of the Service and the Internet is your sole responsibility and 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. You further 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 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 we may from time to time send you information relating to the Service (including but not limited to password information), via electronic mail over the Internet to your primary email address. You consent to our distribution of such information to you electronically. You may not resell the Service or access to Service, directly or indirectly, to third parties without our written agreement. If you do resell or permit others to use the Service, you are responsible for all use of your Service by others (with or without our permission).
7. Software Provided.
Skywire or 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 Skywire, 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.
1. If the Software is not accompanied by an end user license agreement from Skywire, Verizon or a third party, you are hereby granted a personal, revocable, non-exclusive, non-transferable license by Skywire, 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.
2. You agree that the Software is the confidential information of Skywire, 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. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
3. IF AT ANY TIME DURING THE TERM OF THIS AGREEMENT SKYWIRE OR 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, IS AGAINST THE MANUFACTURER OF SUCH SOFTWARE OR PERIPHERAL EQUIPMENT.
4. Skywire, through 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.
5. 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.
8. Return of Equipment and Software.
Upon termination or expiration of this Agreement, you agree to return to us all hardware (other than hardware you have purchased from us) which we have provided to you in connection with the Service, and to cease use of all the Software provided and immediately delete such Software from your computer. In the event such hardware and Software is not returned to us within thirty (30) calendar days following such termination or expiration, we reserve the right to charge you, and you agree to pay, the undepreciated list price of the unreturned hardware and Software.
9. Customer Equipment and Verizon Fios Service Performance.
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 Verizon Fios 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. You understand that fiber 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). 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.
10. Monitoring of System Performance.
Skywire and Verizon automatically measure and monitor network performance and the performance of your Internet connection in order to improve the level of Service. Verizon also will access and record information about your computer’s settings in order to provide customized technical support and you agree to permit us to access and record such data for the purposes described in this Agreement. No adjustments to your computer settings will be made without your permission. 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. By using the Service you consent to Verizon’s monitoring of your Internet connection and network performance, and the access to and adjustment of your computer settings, as set forth above, as they relate to the Service or other services which Verizon may offer from time to time.
11. Changes or Updates to the Services.
Skywire and Verizon reserve the right to make changes to the Service or any portion thereof. If such a change materially and adversely affects your use of the Service, and we cannot reasonably mitigate the impact, then you may terminate the Service without further obligation.
12. IP Addresses and Domain Name Registration.
Upon expiration, cancellation or termination of the Agreement or an applicable Quotation, 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. Where applicable, all fees associated with domain name registration and periodic maintenance of domain names are your responsibility. The registrar or we, on registrar’s behalf, will bill such fees directly to you. Such fees are not included in the price of the Service. You agree to abide by the domain name registrar’s terms and conditions provided to you prior to obtaining domain name service from us. Domain name registration is limited to the following extensions: .net, .com, and .org. Verizon does not guarantee that your choice of names is or will continue to be available for use as a domain name.
13. 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 Verizon Fios IS. You will allow us to make attachment and connections that are necessary to provide Fios 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
