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2. inventors and patents

AT&T Small Business Service Agreement
Products and Services Availability
AT&T reserves the right to, from time-to-time, withdraw Services provided under this Agreement upon Notice
to Customer. AT&T also reserves the right to, from time-to-time, add Services available under this
Agreement or to otherwise modify the incorporated Service Guide(s), and notice of such an addition or
modification will be made via posting to the website att.com/sbs.
Products and Service Available under this agreement are:
AT&T Smart Business Suite………………………………………………………………….. Page 2 - 7
AT&T SBS Business in a Box - High Speed Internet Basic
AT&T SBS Business in a Box - High Speed Internet Enhanced
AT&T SBS IP Flexible Reach and Business in a Box Basic
AT&T SBS IP Flexible Reach and Business in a Box Enhanced
AT&T Business in a Box℠ – High Speed Internet……………………………………… Page 8 - 10
IP Flexible Reach and AT&T Business in a Box℠………………………………. Page 8 - 10
IP Flexible Reach and AT&T Business in a Box℠ area plan………………………….. Page 8 - 10
AT&T Tech Support 360SM …………………………………………………………………... Page 11 - 16
AT&T Tech Support 360 Back up and GoSM………………………………………………. Page 11 - 16
AT&T Web Hosting …………………………………………………………………………… Page 17 - 27
AT&T Managed Internet Service (MIS)……………………………………………………. Page 28 - 31
AT&T Mobility Services………………………………………………………………………. Page 32 -39
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© 2011 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo and all other marks contained herein are trademarks of AT&T
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AT&T Smart Business Suite
AT&T Smart Business Suite ("Service") package options and prices are described in the chart below. Each package
has Service Components, including, but not limited to, Business Local Service and Mobility Services. The Service
Components for each package are detailed in the Service Publication, provided at the link in the chart below. (The
Business Local Calling Service Component is the AT&T Business Local Calling Assurance℠ which is provided
pursuant to tariffs filed with each State's Public Utilities Commission, and, where applicable, in a States' Price List or
Guidebook. The Service Publication site shown below provides a link to the relevant Tariffs, Price Lists and
Guidebooks.).
Customer must maintain all Service Components of the subscribed-to package for the duration of any Term.
Disconnecting or otherwise cancelling a Service Component may constitute termination of the Service, and Customer
will be liable for the Early Termination Fee as further specified in Section 4 below. AT&T will periodically monitor
Customer's account to verify compliance with this requirement.
1. Products and Pricing
Package Available
AT&T SBS Business in a Box - High
Speed Internet Basic^
AT&T SBS Business in a Box - High
Speed Internet Enhanced ^
Price During Initial and Renewal
Term*
Monthly Recurring Charge: $305
Monthly Recurring Charge: $355
AT&T SBS IP Flexible Reach and
Business in a Box Basic ^
Monthly Recurring Charge: $535
AT&T SBS IP Flexible Reach and
Business in a Box Enhanced ^
Monthly Recurring Charge $610
AT&T SBS IP Flexible Reach and
Business in a Box Basic - area plan^^
Monthly Recurring Charge $850
AT&T SBS IP Flexible Reach and
Business in a Box Enhanced – area
plan^^
"Bolt-Ons" **
Seats*
Monthly Recurring Charge $950
Concurrent Calls*
Mobility Services*
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Service Publication Site
Price*
Monthly Recurring charge: Premium
$50.00 per seat; Standard $45.00 per
seat
Monthly Recurring Charge: $37.80
per Concurrent Calls for AT&T SBS
IP Flexible Reach and Business in a
Box Basic & Enhanced.
Monthly Recurring Charge: $30.00
per Concurrent Calls for AT&T SBS
IP Flexible Reach and Business in a
Box Basic & Enhanced- area plan.
Eligible*** Rate Plans will receive the
following discount:
20% per CRU
att.com/sbs.
att.com/sbs.
© 2011 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo and all other marks contained herein are trademarks of AT&T
Intellectual Property and/or AT&T affiliated companies.
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15% per IRU
Promotional pricing may be available based on customer eligibility.
*All current or future taxes, surcharges, fees, shipping charges, and any similar charges specified or allowed by any governmental entity are in
addition to the prices shown
** Must be associated with the package subscribed to for a specific Customer location.
***The current list of eligible Mobility Rate Plans is provided at the Service Publication link specified above
^ Available in the areas in the following 22 states where AT&T serves as the ILEC (incumbent local exchange company): Alabama, Arkansas,
California, Florida, Georgia, Illinois, Indiana, Louisiana, Kansas, Kentucky, Michigan, Mississippi, Missouri, Nevada, North Carolina, Ohio,
Oklahoma, South Carolina, Tennessee, Texas, Wisconsin.
^^ Available in areas outside the 22 states where AT&T serves as the ILEC.
2. PRODUCT TERM AND TERMINATION
"Term"
Period of
Term
"Initial
Term"
2 Years
The Initial Term commences on the date in which all Service Components are installed
("Term Start Date").
"Renewal
Term"
2 Years
Upon expiration of the Initial Term, this Agreement renews for a Renewal Term of
two (2) years, unless either Party notifies the other no less than sixty (60) days prior
to the expiration of the Party's intent to allow the Agreement to expire.
Term Start Date
Service Components may be installed prior to the Term Start Date ("Ramp-Up Period"), and during the Ramp-Up
period customer will be liable for the Service Component charges from the date of the installation of the Service
Component, the usage charges incurred, and all associated taxes, surcharges and fees.
3. Withdrawal of Services. AT&T may discontinue offering or providing the Service or a Service Component to
Customer upon thirty (30) days written notice or as required under applicable law or regulation and in any event
only where AT&T generally discontinues providing the Service or a Service Component to similarly-situated
customers. AT&T will use commercially reasonable practices in determining the timing of an Service or Service
Component withdrawal.
4. Early Termination Fee. Except as described in Section 5 below, If Customer, cancels or otherwise
discontinues the Service prior to the expiration of the Initial Term or Renewal Term, Customer is liable for an
Early Termination Fee equal to 50% of the monthly recurring charges for the Service at the time of the
termination, times the number of months remaining in the then in-effect Term plus, if applicable, the Customer
will also be liable for reimbursement of any one- time credits or payments. Customer must maintain all Service
Components at all times during a Term, disconnecting or otherwise cancelling a Service Component prior to the
expiration of the Term may constitute early termination of the Service, and Customer will be liable for the Early
Termination Fee. If applicable, Customer will also be liable for the Early Termination Fee or Cancellation Fee
associated with a disconnected Bolt-On service. In addition to any applicable Early Termination Fee, if Customer
cancels or otherwise disconnects a Mobility Service Bolt-On, Customer is liable for a Cancellation Fee for that
Bolt-On; the Cancellation Fee is described under Section 6.
a. Mobility Device Upgrade Impact. If Customer terminates the Service prior to the expiration of the
Initial or Renewal Term, and concurrently decides to subscribe to Mobility services then: i)
Customer may retain its Mobility telephone numbers and devices, and will be bound by the then ineffect terms and conditions for the AT&T Mobile Business Agreement, (as further described in
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Section 6 below); and, ii) the term for that Mobility arrangement will commence on the date the
Service is terminated; and, iii) if Customer had upgraded its Mobility device(s) during the
terminated Initial or Renewal Term and subsequently terminates the subscribed-to AT&T Mobile
Business agreement prior to 2 years after the upgrade of the device(s), then Customer is liable for
a cancellation fee as follows: If the mobility device upgrade includes the purchase of certain
specified equipment on or after June 1, 2010, the cancellation fee will be $325 minus $10 for each
full month that has expired on that Agreement. (For a complete list of the specified equipment
check att.com/equipmentETF.) Otherwise, the cancellation fee will be $150 minus $4 for each full
month that has expired on that Agreement. Notwithstanding the foregoing, for mobility device
upgrades including equipment purchased prior to June 1, 2010, the cancellation fee will be $175
minus $5 for each full month that has expired on that Agreement.
5. 30-Day Satisfaction Guarantee. If within 30 days of the Initial Term Start Date Customer is not satisfied with
the Service for any reason, Customer may disconnect the Service without an Early Termination Fee, provided,
the order for disconnecting the Service is effective no later than the 30th calendar day after the Initial Term Start
Date. To take advantage of this Satisfaction Guarantee, Customer must contact AT&T in a manner acceptable to
AT&T to place the order of disconnect. Customer will be liable for all usage charges and any 3rd Party charges
incurred prior to the disconnection of the Service as well as all associated taxes, surcharges and fees. The
Buyer's Remorse provisions regarding your Mobility Device are not modified by this Section. The applicable
provisions for the Mobility Device Buyer's Remorse period are provided in the applicable Mobility Service Guide.
6. AT&T Smart Business Suite Mobility Services
a. "Mobility Services" means the AT&T Mobile Services, Equipment, Optional Products and
Supplemental Services provided by AT&T under this Agreement. "Mobility Services" has the same
meaning as "Services" for purposes of the AT&T Mobile Services Service Guide. Only Customer
and its current W-2 employees and/or individuals who receive a K-1 form from Customer
(collectively, “Employees”) are eligible to receive Mobility Services under this Agreement.
Employees receive Mobility Services either (a) under Customer’s account (“Corporate
Responsibility Users” or “CRUs”), or (b) under individual accounts in accordance with the
Sponsorship Program described in the AT&T Mobile Services Service Guide (“Individual
Responsibility Users” or “IRUs”; collectively with CRUs, “End Users”).
b. Additional Definitions: Capitalized terms used in, but not defined in, this Agreement with regard
to the Mobility Services have the meanings set forth in the AT&T Mobile Services Service Guide.
c. Plans and Sales Information. The pricing, terms and conditions of the Mobility Services depend
upon the Plan, feature, promotion or other offer selected by Customer and/or its End Users.
Certain terms and conditions are set forth in the Enterprise Customers: Additional Service and
Equipment Related Terms found at att.com/abs-addtl-terms; product-specific pricing and/or
additional product-specific terms and conditions are set forth in separate product briefs and rate
brochures, at wireless.att.com/businesscenter, and/or in other AT&T marketing materials. Such
Enterprise Customers: Additional Service and Equipment Related Terms and other online and
printed product materials are referred to collectively in this Agreement as “Sales Information” and
incorporated herein by reference. Customer and its End Users must qualify for the chosen Plan,
feature, promotion or other offer. If End Users lose their eligibility for a particular Plan, AT&T may
change their Plan to one for which they qualify.
d. Business Plans: AT&T will, from time-to-time, provide Mobility Services under certain Plans
designated as Business Plans (such Plans referred to here as "Plans" or "Business Plans"). All
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Business Plans will be available to Customer and its Corporate Responsibility Users ("CRUs"), but
only select Business Plans (identified as such) will be available to Individual Responsibility Users
("IRUs"). If Customer or its CRUs select a Business Plan, Customer will be bound by the rates,
terms and conditions in the AT&T Mobile Services Service Guide for such Business Plan. If an IRU
selects a Business Plan, the IRU will be bound by the rates, terms and conditions in the Sales
Information for such Business Plan.
e. Prohibited Uses. In addition to the termination provisions set forth in this Agreement, the
termination provisions in the Sales Information apply to Consumer Offers purchased by CRUs and
the following termination provision applies with respect to CRUs’ use of the Business Plans.
Prohibited Uses are set forth in the Business Plan section of the AT&T Mobile Services Service
Guide. If a CRU fails to comply with the Offnet Usage restrictions, AT&T may, at its option,
terminate the CRU’s Mobility Services, deny access to Mobility Services, deny the CRU continued
use of other carriers’ coverage, or change the CRU’s Business Plan (e.g., to one that imposes
usage charges for Offnet Usage). AT&T will provide notice that it intends to take any of the above
actions, and, unless AT&T has already done so, Customer may terminate the CRU’s Mobility
Services. In addition, AT&T reserves the right to deny, disconnect, suspend, modify an/or
terminate Wireless Data Service, without notice, to any CRU who uses the Wireless Data Service
in any manner that is prohibited in order to protect AT&T’s wireless network and other users from
harm, congestion or degradation in performance. A failure by AT&T to take action in the event of a
violation of the intended purposes and terms and conditions of use of its Wireless Data Service
shall not be construed as a waiver of AT&T’s right to enforce them. Customer will be assessed any
applicable Cancellation Fees as a result of any termination by AT&T or Customer pursuant to this
Section.
f. Other Services: Rates, terms and conditions for all other Mobility Services are not stabilized
under this Agreement or otherwise (collectively, 'Consumer Offers'), are set forth in the Sales
Information. Customer will be bound by the rates, terms and conditions in the Sales Information for
any Consumer Offer that Customer or its CRUs select. An IRU will be bound by the rates, terms
and conditions in the Sales Information for any Consumer Offer the IRU selects. Any provisions
contained in the Sales Information for a Consumer Offer that, by their terms, are to exist for a
specified period of time, will survive any termination or expiration of this Agreement for that
specified period of time.
g. Regulatory Cost Recovery Charge. In addition to applicable charges, taxes, surcharges,
recovery fees, shipping charges and other similar charges described in this Agreement, AT&T may
assess and Customer will pay a Regulatory Cost Recovery Charge, which is a monthly charge on
each CRU (which may vary depending on the CRU’s locale) that is assessed and collected by
AT&T to defray AT&T's costs in complying with State and Federal telecommunications regulations,
including but not limited to providing enhanced 911 service; Federal Telecommunications Relay
Service; local number portability; and the pass through of customer-based and revenue-based
Federal, State and local assessments on AT&T. These are not taxes or government-imposed end
user charges. AT&T may change the Regulatory Cost Recovery Charge without notice unless the
change would result in the charge exceeding $1.25 per month per CRU.
h. Optional Products: From time to time, AT&T may offer Optional Products. The rates, terms and
conditions for such Optional Products, which are not stabilized and may be changed without notice,
will be in the “Optional Products, Services, Equipment and Programs” section of the AT&T Mobile
Services Service Guide and in any corresponding Sales Information. If Customer receives the
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© 2011 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo and all other marks contained herein are trademarks of AT&T
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benefit of an Optional Product, Customer will be bound by the rates, terms and conditions for such
Optional Product.
i. Upon Termination of the Service. In the event Customer terminates the Service prior to the
expiration of the then in-effect Initial Term or Renewal Term, and Customer elects to maintain
Mobility service and its Mobility telephone number(s), then Customer's service will be converted to
the AT&T Mobile Business Agreement and Customer hereby agrees to the terms and conditions of
the AT&T Mobile Business Agreement which are provided at att.com/amb, as modified by the
terms in Section j below. The AT&T Mobile Business Agreement term commences on the date the
Service is terminated and Customer maintains their Mobility telephone number(s), and will continue
for a period of 2 years.
j. AT&T Mobile Business Agreement Service Discount. The following discount shall apply to the
Mobility lines of service (s) under the new AT&T Mobile Business Agreement. AT&T will provide
Customer with an eight percent discount on the Mobility Service (the "Service Discount"), as set
forth below. The Service Discount is available only when Customer has and maintains a minimum
of five separate End Users receiving Mobility Service in AT&T Markets, of which at least one is a
CRU (the "Discounting Minimum"). AT&T will monitor the number of End Users and CRUs
associated with the Agreement once each month. When Customer meets the Discounting
Minimum, AT&T will apply the Service Discount with respect to Customer's qualified End Users, as
described below, within thirty days from the date of AT&T's monthly monitoring; provided, however,
that (a) it may take up to two billing cycles from the date of AT&T's monthly monitoring for the
Service Discount to appear on qualified End Users' invoices, and (b) the Service Discount will not
be applied retroactively. When Customer does not meet the Discounting Minimum, AT&T may
immediately discontinue providing the Service Discount with respect to Customer's qualified End
Users. To qualify for application of the Service Discount, Customer's End Users must be active on
eligible Plan(s) with a monthly service charge (i.e., the set access fee charged monthly for use of a
particular plan, or "MSC") of $30 or higher (each, a "Qualifying Plan"). AT&T will apply the Service
Discount only to the MSC of each eligible End User's Qualifying Plan(s) and not to any other
charges of any kind (including, without limitation, charges for any other Plans or features). AT&T
may restrict certain Plans or certain other discount programs from qualifying for the Service
Discount and will advise Customer when such restrictions apply.
k. Mobility Device Upgrade. The Mobility Device Upgrade Impacts set forth in Section 4.a. do not
apply. If during the term of the AT&T Mobile Business agreement Customer upgrades its Mobility
device(s), customer must retain the Mobility service plan for not less than 2 years to avoid a
cancellation fee.
l. AT&T Mobile Business Service Cancellation Fee. The cancellation fee stated in Section 4
above does not apply to the AT&T Mobile Business Service Agreement. The Cancellation
Fee under the AT&T Mobile Business Agreement is as follows: For each CRU that is
terminated from Service more than 30 days after activation but prior to the expiration of the
applicable one-year or two-year CRU Term, Customer agrees to pay AT&T with respect to each
device identifier or Number assigned to such CRU, in addition to all other amounts owed, a
Cancellation Fee in the amount specified below ("Cancellation Fee"). If the CRU Term includes the
purchase of certain specified Equipment on or after June 1, 2010, the Cancellation Fee will be
$325 minus $10 for each full month toward the CRU Term that the CRU completes. (For a
complete list of the specified Equipment, check att.com/equipmentETF. Otherwise, the
Cancellation Fee will be $150 minus $4 for each full month toward the CRU Term that the CRU
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completes. Notwithstanding the foregoing, for CRU Terms including Equipment purchased prior to
June 1, 2010, the Cancellation Fee will be $175 minus $5 for each full month toward the CRU
Term that the CRU completes. The Cancellation Fee is not a penalty, but rather a charge to
compensate AT&T for Customer's failure to satisfy the CRU Term. For the avoidance of doubt,
Customer will not pay any Cancellation Fee(s) for CRUs on a zero-year CRU Term. Customer
acknowledges and agrees that porting a CRU's Number to a non-AT&T service provider before the
end of the applicable CRU Term constitutes a termination subject to the Cancellation Fee.
Customer may terminate a CRU’s AT&T Mobile Services within the first 30 days after activation
without incurring a Cancellation Fee, but equipment restocking or other fees may apply. Customer
should refer to AT&T’s returns policy at wireless.att.com/cell-phone-service/legal/return-policy.jsp,
or such other site as AT&T may designate from time to time, for additional details.
7. E911 Access with Voice over IP Service. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND
YOU AGREE TO THE LIMITATIONS OF ACCESS TO E911 WHEN USING VOICE OVER IP SERVICE, AND
YOU UNDERSTAND THAT ACCESS TO E911 FROM A VOICE OVER IP SERVICE, AND ACCESS TO E911
WHEN ORIGINATING THE CALL FROM TRADITIONAL WIRELINE SERVICE MAY BE DIFFERENT. THE
DIFFERENCES ARE FURTHER DESCRIBED IN THE DOCUMENT TITLED "E911 Access and your
Business Voice over IP Service", WHICH IS PROVIDED AT att.com/sbs .
a. The following are FCC notice/record retention/warning sticker requirements for interconnected
VoIP, found at gpo.gov/fdsys/pkg/CFR-2009-title47-vol1/pdf/CFR-2009-title47-vol1-part9.pdf
i. Customer Notification. Each interconnected VoIP service provider shall:
1. Specifically advise every subscriber, both new and existing, prominently and in
plain language, of the circumstances under which E911 service may not be
available through the interconnected VoIP service or may be in some way limited
by comparison to traditional E911 service. Such circumstances include, but are
not limited to, relocation of the end user’s IP compatible CPE, use by the end
user of a non-native telephone number, broadband connection failure, loss of
electrical power, and delays that may occur in making a Registered Location
available in or through the ALI database;
2. Obtain and keep a record of affirmative acknowledgement by every subscriber,
both new and existing, of having received and understood the advisory described
in paragraph (e)(1) of this section; and
3. Distribute to its existing subscribers warning stickers or other appropriate labels
warning subscribers if E911 service may be limited or not available and
instructing the subscriber to place them on or near the equipment used in
conjunction with the interconnected VoIP service. Each interconnected VoIP
provider shall distribute such warning stickers or other appropriate labels to each
new subscriber prior to the initiation of that subscriber’s service.
8. Billing: AT&T will bill Customer for the Service on a monthly basis via an electronic bill, and Customer agrees
to such electronic billing, and further agrees such invoice method is reasonable. Customer may request a paper
copy of its billing statement, and AT&T agrees to provide a paper copy for a fee (Optional Media) of $7.95. AT&T
reserves the right to modify the charge for providing a paper copy or a copy in any other media form upon Notice
to Customer.
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AT&T Business in a Box℠ – High Speed Internet
IP Flexible Reach and AT&T Business in a Box℠
IP Flexible Reach and AT&T Business in a Box℠ area plan
Package options and prices are described in the chart below. Each package has Service Components, including, but
not limited to, Business Local Service and Mobility Services. The Service Components for each package are detailed
in the Service Publication, provided at the link in the chart below. (The Business Local Calling Service Component is
the AT&T Business Local Calling Assurance℠ which is provided pursuant to tariffs filed with each State's Public
Utilities Commission, and, where applicable, in a States' Price List or Guidebook. The Service Publication site shown
below provides a link to the relevant Tariffs, Price Lists and Guidebooks.).
Customer must maintain all Service Components of the subscribed-to package for the duration of any Term.
Disconnecting or otherwise cancelling a Service Component may constitute termination of the Service, and Customer
will be liable for the Early Termination Fee as further specified in Section 4 below. AT&T will periodically monitor
Customer's account to verify compliance with this requirement.
1. Products and Pricing
Package Available
AT&T Business in a Box℠ –
High Speed Internet ***
IP Flexible Reach and AT&T
Business in a Box℠***
IP Flexible Reach and AT&T
Price During Initial and
Renewal Term*
Monthly Recurring Charge: $230
Monthly Recurring Charge: $475
Monthly Recurring Charge: $770
att.com/sbs.
Business in a Box℠ - area
plan****
"Bolt-Ons" **
Seats*
Concurrent Calls*
Service Publication Site
Price*
Monthly Recurring Charge:
Premium $50.00 per seat;
Standard $45.00 per seat
Monthly Recurring Charge:
$35.00 per Concurrent Call for
AT&T SBS IP Flexible Reach and
Business in a Box Basic &
Enhanced.
Monthly Recurring Charge:
$30.00 per Concurrent Call for
AT&T SBS IP Flexible Reach and
Business in a Box Basic &
Enhanced-area plan
att.com/sbs.
Promotional pricing may be available based on customer eligibility.
*All current or future taxes, surcharges, fees, shipping charges, and any similar charges specified or allowed by any governmental
entity are in addition to the prices shown
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** Must be associated with the package subscribed to for a specific Customer location.
*** Available in the areas in the following 22 states where AT&T serves as the ILEC (incumbent local exchange company): Alabama,
Arkansas, California, Florida, Georgia, Illinois, Indiana, Louisiana, Kansas, Kentucky, Michigan, Mississippi, Missouri, Nevada, North
Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Wisconsin.
**** Available in areas outside the 22 states where AT&T serves as the ILEC.
2. PRODUCT TERM AND TERMINATION
"Term"
Period of
Term
"Initial
Term"
2 Years
The Initial Term commences on the date in which all Service Components are installed
("Term Start Date").
2 Years
Upon expiration of the Initial Term, this Agreement renews for a Renewal Term of
two (2) years, unless either Party notifies the other no less than sixty (60) days prior
to the expiration of the Party's intent to allow the Agreement to expire.
"Renewal
Term"
Term Start Date
Service Components may be installed prior to the Term Start Date ("Ramp-Up Period"), and during the Ramp-Up
period customer will be liable for the Service Component charges from the date of the installation of the Service
Component, the usage charges incurred, and all associated taxes, surcharges and fees.
3. Withdrawal of Services. AT&T may discontinue offering or providing the Service or a Service Component
to Customer upon thirty (30) days written notice or as required under applicable law or regulation and in any
event only where AT&T generally discontinues providing the Service or a Service Component to similarlysituated customers. AT&T will use commercially reasonable practices in determining the timing of an
Service or Service Component withdrawal.
4. Early Termination Fee. Except as described in Section 5 below, If Customer, cancels or otherwise
discontinues the Service prior to the expiration of the Initial Term or Renewal Term, Customer is liable for an
Early Termination Fee equal to 50% of the monthly recurring charges for the Service at the time of the
termination, times the number of months remaining in the then in-effect Term plus, if applicable, the
Customer will also be liable for reimbursement of any one- time credits or payments. Customer must
maintain all Service Components at all times during a Term, disconnecting or otherwise cancelling a Service
Component prior to the expiration of the Term may constitute early termination of the Service, and Customer
will be liable for the Early Termination Fee. If applicable, Customer will also be liable for the Early
Termination Fee or Cancellation Fee associated with a disconnected Bolt-On service.
5. 30-Day Satisfaction Guarantee. If within 30 days of the Initial Term Start Date Customer is not satisfied
with the Service for any reason, Customer may disconnect the Service without an Early Termination Fee,
provided, the order for disconnecting the Service is effective no later than the 30th calendar day after the
Initial Term Start Date. To take advantage of this Satisfaction Guarantee, Customer must contact AT&T in a
manner acceptable to AT&T to place the order of disconnect. Customer will be liable for all usage charges
and any 3rd Party charges incurred prior to the disconnection of the Service as well as all associated taxes,
surcharges and fees.
6. E911 Access with Voice over IP Service. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING
AND YOU AGREE TO THE LIMITATIONS OF ACCESS TO E911 WHEN USING VOICE OVER IP
SERVICE, AND YOU UNDERSTAND THAT ACCESS TO E911 FROM A VOICE OVER IP SERVICE, AND
ACCESS TO E911 WHEN ORIGINATING THE CALL FROM TRADITIONAL WIRELINE SERVICE MAY
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BE DIFFERENT. THE DIFFERENCES ARE FURTHER DESCRIBED IN THE DOCUMENT TITLED "E911
Access and your Business Voice over IP Service", WHICH IS PROVIDED AT att.com/sbs ..
a. The following are FCC notice/record retention/warning sticker requirements for interconnected
VoIP, found at gpo.gov/fdsys/pkg/CFR-2009-title47-vol1/pdf/CFR-2009-title47-vol1-part9.pdf
i. Customer Notification. Each interconnected VoIP service provider shall:
1. Specifically advise every subscriber, both new and existing, prominently and in
plain language, of the circumstances under which E911 service may not be
available through the interconnected VoIP service or may be in some way limited
by comparison to traditional E911 service. Such circumstances include, but are
not limited to, relocation of the end user’s IP compatible CPE, use by the end
user of a non-native telephone number, broadband connection failure, loss of
electrical power, and delays that may occur in making a Registered Location
available in or through the ALI database;
2. Obtain and keep a record of affirmative acknowledgement by every subscriber,
both new and existing, of having received and understood the advisory described
in paragraph (e)(1) of this section; and
3. Distribute to its existing subscribers warning stickers or other appropriate labels
warning subscribers if E911 service may be limited or not available and
instructing the subscriber to place them on or near the equipment used in
conjunction with the interconnected VoIP service. Each interconnected VoIP
provider shall distribute such warning stickers or other appropriate labels to each
new subscriber prior to the initiation of that subscriber’s service.
7. Billing: AT&T will bill Customer for the Service on a monthly basis via an electronic bill, and Customer
agrees to such electronic billing, and further agrees such invoice method is reasonable. Customer may
request a paper copy of its billing statement, and AT&T agrees to provide a paper copy for a fee (Optional
Media) of $7.95. AT&T reserves the right to modify the charge for providing a paper copy or a copy in any
other media form upon Notice to Customer.
8. For additional terms and further descriptions of AT&T Business Voice over IP (BVoIP) Services go to
BVOIP Service Guide.
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AT&T Tech Support 360SM
AT&T Tech Support 360 Back up and GoSM
These Terms, together with any other policies or guidelines referenced herein, constitute the contract between you
and SBC Internet Services, Inc. dba AT&T Internet Services ("AT&T") regarding your access to and use of the AT&T
Tech Support 360 service— including all technical support, advice, servicing and software provided as part of the
service (collectively, the "Service"). These Terms govern your purchase and use of the Service, whether provided
through a telephone agent or via the Internet through the AT&T Tech Support 360 website located at tech360.att.com
or by an on-site technician. By registering for or using the Service, you agree to these Terms.
The Service may also include remote computing or data storage capabilities, such as computer data storage, remote
access to stored data, collaboration capabilities, and related services (collectively, "Backup and Go"). Please note
that the term "Backup and Go", as used in these Terms, covers and includes both (i) the services referred to as Tech
Support 360 Premium Plus and (ii) the Tech Support 360 Backup and Go family of services.
The Service does not include assistance with computer programming or development support. The Service is not a
hardware or software warranty or repair service. AT&T will not fix or replace broken equipment as part of the Service.
Product Eligibility
Internet access required for remote access to service the computer.
Products and Pricing
Products and Services Available
Monthly
Recurring
Charge**
Service Plans*
Tech Support 360 Advanced
Tech Support 360 Premium
Tech Support 360 Premium Plus
Tech Support 360 Mac Premium
Tech Support 360 Mac Premium Plus
$19.00
$24.00
$28.00
$24.00
$28.00
Back up and GoSM Plans*
Backup & Go - Basic
Backup & Go - Premium
$7.00
$10.00
Backup & Go - Guests
Products and Services Available
PC Tune-Up
Service Package - PC Tune Up
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$2.50
Monthly
Recurring
Charge**
NonRecurring
Charge**
Additional Product Information
https://tech360.att.com/ATT/servicepackages.asp
https://tech360.att.com/ATT/servicepackagesMac.asp
tech360.att.com/ATT/backupandgo.asp
NonRecurring
Charge**
Additional Product Information
$22.25
tech360.att.com/ATT/onetimeservices.asp
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Products and Services Available
A-la-Carte***
Smart Phone Advanced Support
Spyware & Virus Removal
PC Tune Up Plus
PC Optimization
Wireless Network Set up
PC Diagnostic
VDNA BIB HSI Training - 60min User
VDNA BIB HSI Training - 90min
Admin/User
Smart Phone Quick Start Basic
60 SmartMinutes
180 SmartMinutes
300 SmartMinutes
Windows 7 Upgrade Advisor
Windows 7 Training
Mac One-Time Services
PC One Time Services
Products and Services Available
Monthly
Recurring
Charge**
NonRecurring
Charge**
$99.00
$109.95
$139.95
$59.95
$89.95
$39.95
$99.00
$149.00
Monthly
Recurring
Charge**
$59.95
$99.00
$265.00
$420.00
$25.95
$45.95
$59.95
$59.95
NonRecurring
Charge**
Additional Product Information
tech360.att.com/ATT/onetimeservices.asp
Additional Product Information
Help Desk****
Help Desk 200 Minutes - 1 yr
$250.00
Help Desk 450 Minutes - 1 yr
$485.00
Help Desk 750 Minutes - 1 yr
$700.00
tech360.att.com/ATT/helpdesk.asp
Help Desk 200 Minutes - 3 yr
$230.00
Help Desk 450 Minutes - 3 yr
$465.00
Help Desk 750 Minutes - 3 yr
$680.00
Promotional pricing may be available based on customer eligibility.
All subscriptions plans are per month/per computer
*12 month min agreement,
**All current or future taxes, surcharges, fees, shipping charges, and any similar charges specified or allowed by any governmental
entity are in addition to the prices shown
*** Must keep same two devices for 12 month contract
****HelpDesk Minutes can be used across multiple designated (registered) desktop or laptop computers.
Withdrawal of Services. AT&T may discontinue offering or providing the Service or a Service Component to
Customer upon thirty (30) days written notice or as required under applicable law or regulation, and in any event only
where AT&T generally discontinues providing the Service or a Service Component to similarly-situated customers.
AT&T will use commercially reasonable practices in determining the timing of a Service or Service Component
withdrawal.
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Product Term and Termination
Effective Date and Term. Product Term goes into effect upon your registering for the Service and continues, subject
to the terms of this Section, until (a) the completion of the one-time service you have purchased, (b) usage or
expiration of all Smart Minutes you have purchased, (c) termination of your Service Package subscription, (d)
termination of your Backup and Go subscription or (e) termination by either party as expressly permitted by this
Agreement.
Termination of Service Package. If you terminate an annual subscription in less than 12 months, you will be charged
a fifty ($50.00) dollar early termination fee (unless you are only terminating a Backup and Go subscription, in which
case a twenty-five dollar ($25.00) early termination fee will apply). If your annual subscription has terminated and
your Service Package has become a month-to-month subscription, you may terminate that subscription by providing
us with 30 days prior notice using one of the Notice Methods, with such termination to take effect at the next end of
the billing cycle after 30 days have elapsed from the date we receive your notice. You understand and agree that any
software that you acquire and install as part of a Service Package subscription plan may cease to operate, update or
function properly after termination of the subscription plan, and that your rights to use such software pursuant to the
applicable end user license agreement may cease or become limited after such termination.
Termination of Smart Minutes. You may terminate a fully unused Smart Minute package at any time for a full refund.
However, if you use any portion of a 15-increment of a Smart Minute package, you will not be able to terminate or
receive a refund of any other Smart Minute increments purchased at the time you purchased that used increment.
Termination of One-Time Services. You may terminate your order for one-time services up to two (2) hours before
the scheduled appointment time.
Termination or Suspension by AT&T. AT&T may in its discretion terminate or suspend your Service without notice if:
(a) AT&T believes that you have breached any of the terms or conditions (including, but not limited to,
representations, warranties and fair and acceptable use provisions) of this Agreement or any license for Provider
Software or Third-Party Software; (b) AT&T believes your use of the Service may be prohibited by law or may be
disruptive to or adversely impact the Service, AT&T's or its affiliates or third-party service providers' networks, or their
use and enjoyment by other users; (c) AT&T or its third-party service providers become involved in any dispute
concerning control of your Service account, or AT&T or its third-party service providers receive an order from a court
or government agency to terminate your Service; (d) AT&T for any reason ceases to offer the Service generally, or to
offer the Service in your geographic area; (e) AT&T believes that you are abusing the Service or using the Service
excessively; or (f) there is reason to believe that you or someone using your account has been accessing or
attempting to access restricted information or files to which you or someone using your account does not have
legitimate access.
Renewal Term:
Pricing renews at the end of the initial term and service will be provided month-to-month.
Customer may cancel any time without penalty after the initial term.
Satisfaction Periods
First 30 days if service hasn’t been used.
No Guarantee of Results or Response/Appointment Times
AT&T does not guarantee any results. If our Service Technicians are unable to assist you with a particular request
after making a reasonable effort to do so, you will still be responsible for time spent in trying to assist you.
We will make reasonable efforts to respond to a service request within a reasonable time or within the response time
described under an applicable Service, whichever occurs first, but we do not guarantee that a response will be
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provided within a specific time period. Specifically, although we will make reasonable efforts to accommodate your
service appointment needs and keep those service appointments, there is no guarantee that we will be able to do so.
Supported Products
You hereby acknowledge and agree that the Service covers only the software, hardware and peripherals specifically
listed in the product description for that Service on the Site. Please note that the list of supported software, hardware
and peripherals associated with that product description, or any other aspect of the Service, is subject to change and
may be modified at any time.
Customer Authorization of Remote Access; Customer Cooperation
By registering for the Service, you agree to allow our Service Technicians to use the tools they deem necessary or
advisable to perform the Service, including obtaining remote access to your computer and related network and
peripherals during your service session.
If our Service Technicians advise you to take such preliminary steps as buying cables or cords, acquiring software,
etc., they will create and keep a ticket open for you so that it can be referenced again when you are ready to go to
the next step. If you cannot pursue the recommended course of action, our Service Technicians will consider the
ticket closed.
Protected Health Information ("PHI"), as defined by the Health Insurance Portability and Accountability Act of
1996, as amended ("HIPAA")
You may not use Backup and Go to store any PHI under HIPAA without a written and signed business associate
agreement with AT&T.
Limitations on Use of Service
No Resale or Use outside of Your Business. The Service cannot be directly or indirectly resold or otherwise made
available by you to others and they cannot be made available to anyone outside of your business. Specifically, only
you and your employees may access the Service.
Prohibited Uses. The Service is not intended for direct or indirect use in the operation of nuclear facilities, aircraft
navigation, communication systems, air traffic control machines or other activities in which the failure of the Service
to attain a desired result, or to do so within a certain period of time, could lead to death, personal injury or physical or
environmental damage.
Appropriate Conduct. Through our Service Technicians, we offer a personal service that we believe can be a
valuable resource for helping you to address your technical questions and difficulties. In providing that personal
service, we require our Service Technicians to be courteous and respectful, and we expect the same of you. We
reserve the right to terminate a support session or your account as a result of offensive discourse or behavior.
Limitations on Availability of Service
Minimum system requirements. AT&T reserves the right to refrain from providing any or all requested Services on the
basis that minimum system requirements are not met, or if technical conditions or customer requirements are beyond
the scope of Services as determined by AT&T or its third-party service provider.
Technical limitations. Some customers may not be able to receive the Service if initial testing shows that their
computer environment is not suitable for remote access. Further, our Service Technicians may not have access to
the necessary proprietary information from vendors, manufacturers and developers necessary to assist with a
specific technical matter. Our ability to provide assistance may also be limited by other matters outside of our control,
such as software or hardware errors not yet resolved by the applicable hardware or software manufacturer.
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Maintenance. We may, at any time, without notice or liability, restrict or suspend the Service in order to perform
maintenance activities and to maintain session control.
AT&T's Use of Independent Contractors to Provide Services
AT&T or its affiliates may contract with one or more independent contractors (also referred to herein as "third-party
service providers") to provide some or all of the Service. You acknowledge and consent to the provision of some or
all of the Service by one or more independent contractors engaged by AT&T or its affiliates for such purposes. In this
Agreement, references to "we", "our Service Technicians", the "Service", and services provided by "us" or "AT&T",
refer both to AT&T and to such independent contractors and their technicians and the services provided by them
under such engagements by AT&T or its affiliates.
Software
In connection with the Service, one or more of our third-party service providers may provide to you, via download,
CD, other media, or other delivery method, the use of certain software which is owned or licensed by such third-party
service provider, and which may be provided free or for a fee ("Provider Software"). You acknowledge and agree that
you may be required to install and download Provider Software pursuant to the terms and conditions of an end user
license agreement in order to permit some or all of the Service to be provided to you.
You understand and agree that the Service does not include free upgrades of existing software, operating systems,
or applications. Furthermore, use of this Service does not constitute a license to use software, applications or
equipment from AT&T. AT&T does not provide any such upgrades or licenses through this Service. However, as part
of the Service, you may request our Service Technicians to assist you to, or they may suggest that you, acquire,
install and use certain third-party software.
All third-party software, including Provider Software (collectively, "Third-Party Software"), whether or not required to
permit some or all of the Service and whether or not suggested by our Service Technicians, is licensed to you by the
respective owners or licensees of the Third-Party Software. You must agree to the terms and conditions set forth by
such owners or licensees before installing Third-Party Software, regardless of whether our Service Technicians
assist you in the acquisition, installation, and/or use of Third-Party Software, because your use of Third-Party
Software is governed by the terms of the end user license agreement between you and such owners or licensees.
Please note that AT&T grants no rights to any Third-Party Software and does not make any representation or
warranty regarding any Third-Party Software. Furthermore, please remember that it is your responsibility to comply
with the terms and conditions under which you licensed such Third-Party Software. We make no warranty that we are
an authorized service provider for any Third-Party Software or for any computer hardware or other equipment; it is
your sole responsibility to determine if you require additional rights for us to provide technical support for any ThirdParty Software or computer equipment, and if so, to acquire such rights.
Your Responsibility to Preserve and Protect Computer Data, Software, and other Electronic Files
You understand and agree that it is your sole responsibility to back up and protect all data, software, information and
other files stored in any manner on your computer, peripherals, smartphone or other applicable hardware prior to a
service appointment with a Service Technician. If our Service Technicians work with you on any password or other
access issues (in connection with support services or Backup and Go), we strongly recommend that you reset such
passwords(s) or access feature(s) immediately. AT&T and its third-party service providers shall not be responsible at
any time for any security, loss, alteration, or corruption of any of your software, systems, data, or files.
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You acknowledge that the Internet is not a secure network and that third parties may be able to intercept, access,
use, or corrupt the information you transmit or receive over the Internet. You also acknowledge that AT&T cannot and
does not guarantee or warrant that data, software, or other electronic files that may be provided, suggested,
accessed or otherwise available for download in connection with the Service will be free of defects, infection or
viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties.
Your Responsibility to Obtain Internet and Telephone Connections
You are solely responsible for acquiring and maintaining the Internet and telecommunications services and devices
required to access and use the Service. The Service does not include Internet, telephone, wireless, wireline or other
connectivity services.
Your Responsibility for Users under your Account; Limitation to Employees
You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts
associated with your primary account. You understand this means that you accept full liability and responsibility for
the actions of anyone who uses the Service via your account, or any secondary accounts or sub-accounts, with or
without your permission. You also agree that only you and employees of your business may use the Service for
which you are registered.
Representations by You; Binding Nature of this Agreement on Your Business
You represent that you are and will remain a legal license holder or licensed user of the software on your equipment.
You further represent that you are and will be the owner or lessee of any hardware or network devices that you may
request our Service Technicians to assist you with in association with the Service.
Any individual who purchases the Service on that individual's own behalf or on behalf of a business must be an adult
of at least 18 years of age, and, if purchasing the Service as a representative on behalf of a business, must be an
authorized representative of that business. By agreeing to these terms, you agree that these Terms constitute a valid
and binding obligation on the user of the service, whether that is you, or you and the business you represent. All
references to "you" and "your" herein shall refer to such business (and any entity that operates that business) as well
as you, individually. PLEASE NOTE THAT INDIRECT, ATTEMPTED, OR ACTUAL VIOLATIONS OF THESE
TERMS, BY YOU OR ANY OTHER PERSON USING YOUR USERNAME AND PASSWORD SHALL BE
CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
All information that you provide in connection with the Service must be accurate, including your name, address, credit
or charge card numbers, expiration dates or any other required payment information. You further represent that you
are authorized to pay charges using the credit card account or, as applicable, the AT&T wireless or local telephone
bill at the billing address that you provide for Service charges.
Billing: AT&T will bill Customer for the Service on a monthly basis via an electronic bill, and Customer agrees to
such electronic billing, and further agrees such invoice method is reasonable. Customer may request a paper copy of
its billing statement, and AT&T agrees to provide a paper copy for a fee (Optional Media) of $7.95. AT&T reserves
the right to modify the charge for providing a paper copy or a copy in any other media form upon Notice to Customer.
For additional terms and furtherdescriptions go to https://tech360.att.com/ATT/termsofservice.asp
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AT&T Web HostingSM – Shared Hosting
Subscription to AT&T Web Hosting Products and Services , you must comply with the "Acceptable Use Policy," as
updated from time to time by AT&T, which can be viewed at www.corp.att.com/aup. If you purchase or transfer a
domain name through AT&T you must comply with the “Domain Name Registration Agreement”, as updated from
time to time by AT&T, which can be viewed at http://webhosting.att.com/Domain-Name-RegistrationAgreement.aspx. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING
SUBSCRIBER INFORMATION, REGISTERING, AND ACTIVATING THE WEB HOSTING ACCOUNT, YOU ARE
AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT
ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT THE
SUBSCRIBER INFORMATION OR ACTIVATE THE WEB HOSTING ACCOUNT.
1. Products and Pricing
Products and Services Available*
Monthly
Recurring
Charge**
NonRecurring
Charge**
Additional Product Information
Service Plans***
Shared Web Hosting Basic - UNIX - w/Web
Advantage
$11.01
Shared Web Hosting Enhanced - UNIX w/Web Advantage
$16.96
Shared Web Hosting Premium - UNIX w/Web Advantage
Products and Services Available*
Domain Registration ***
Domain Registration
Products and Services Available*
webhosting.att.com/website-solutions/webhosting-services.aspx
$25.46
Monthly
Recurring
Charge**
NonRecurring
Charge**
$8.95
Monthly
Recurring
Charge**
NonRecurring
Charge**
Additional Product Information
webhosting.att.com/email-solutions.aspx
Additional Product Information
ShopSite***
ShopSite eCommerce Starter
$9.00
webhosting.att.com/website-solutions/sellproducts.aspx
ShopSite eCommerce Manager
$25.00
ShopSite eCommerce Pro
$45.00
* Promotional pricing may be available based on customer eligibility.
**All current or future taxes, surcharges, fees, shipping charges, and any similar charges specified or allowed by any
governmental entity are in addition to the prices shown
*** If applicable Account Holder will pay all fees due according to the prices and terms selected during the registration
process, including overage fees, which are those fees that may be charged if an Account Holder utilizes resources in
excess of the Account Holder´s plan limit ("Overage Fees").
Product Term and Termination
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2.1 Term Commencement
Product Term becomes effective when Account Holder inputs subscriber information, registers and activates their
account.
2.2 Initial Term
AT&T will host an account for Account Holder, for the Account Holder´s registered domain name, for the period of
time corresponding with the payment plan chosen by the Account Holder in the registration process (the "Initial
Term").
2.3 Renewal term(s)
Upon expiration of the Initial Term, this Agreement renews for a Renewal Term, unless either Party notifies the other
no less than sixty (60) days prior to the expiration of the Party's intent to allow the Agreement to expire.
Fees and Payment Terms
3.1 Fees and Expenses
Unless modified in accordance with Section 3.3. Account Holder will pay all fees due according to the prices and
terms selected during the registration process, including overage fees, which are those fees that may be charged if
an Account Holder utilizes resources in excess of the Account Holder´s plan limit ("Overage Fees").
3.2 Service Level Agreement and Credit Adjustments
While AT&T does not guarantee the performance objectives listed below, subject to the limitations and exceptions
stated herein, AT&T will provide bill credits to an eligible Customer when one of the performance objectives shown is
not met during a month. Additional information can be found at http://webhosting.att.com/Terms-Conditions.aspx
Account Holder Obligations
4.1. Warranties of Account Holder
Account Holder represents and warrants that; (i) Account Holder is not a minor and is legally capable of entering into
this Agreement, (ii) the performance of its obligations and use of the Services (by Account Holder, its customers and
users) will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties or
unreasonably interfere with other AT&T customers´ use of AT&T services; (iii) Account Holder is not a resident of any
country or affiliated with any of the organizations prohibited to do business within the United States as defined and
set forth at: http://www.treas.gov/ofac and http://www.bis.doc.gov/dpl/thedeniallist.asp and (iv) that it will strictly
comply with the Acceptable Use Policy, as set forth below in Section 4.2. of this Agreement, and these Terms and
Conditions.
4.2 Compliance with Law and Acceptable Use Policy and Terms and Conditions
Account Holder agrees that it has received, read and understands the Acceptable Use Policy. The Acceptable Use
Policy contains restrictions on Account Holder´s and Account Holder´s users´ online conduct (including prohibitions
against unsolicited commercial email) and may contain financial penalties for violations of such restrictions. In the
event that Account Holder fails to comply, Account Holder agrees to pay the financial penalties in accordance with
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the Acceptable Use Policy. The current version of the Acceptable Use Policy is set forth at www.corp.att.com/aup for
Account Holder´s reference. AT&T may change the Acceptable Use Policy upon notice to Account Holder, which
notice may be provided by posting such new Acceptable Use Policy at the Web site www.att.com/webhosting.
4.3 Prohibited Uses
In addition to those matters set forth in the Acceptable Use Policy, Account Holder shall not post, transmit, retransmit or store material on or through any of Services which, in the sole judgment of AT&T (i) is in violation of any
local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that
otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of
any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws
or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that
are not appropriately licensed for use by Account Holder. Account Holder agrees to indemnify and hold harmless
AT&T from any claims resulting from the use of the services which damages Account Holder or any other party.
4.4. Government Regulations
The Account Holder will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated
item or information to anyone outside the U.S. in connection with this Agreement without first complying with all
export control laws and regulations which may be imposed by the U.S. Government and any country or organization
of nations within whose jurisdiction the Account Holder operates or does business. Account Holder shall be
responsible for determining what laws or regulations are applicable to its use of the Services and Products. Account
Holder shall, upon the request of AT&T, provide AT&T assurance of Account Holder´s compliance with those laws.
Account Holder acknowledges that AT&T exercises no control whatsoever over the content of the information
passing through Account Holder´s site(s) and that it is the sole responsibility of Account Holder to ensure that the
information it and its users transmit and receive complies with all applicable laws and regulations and the Acceptable
Use Policy.
4.5. IP Address
If AT&T assigns the Account Holder an Internet Protocol address in connection with the Account Holder´s use of the
AT&T services, the right to use that Internet Protocol address will remain with and belong only to AT&T, and the
Account Holder shall have no right to use such Internet Protocol address except as allowed by AT&T in its sole and
absolute discretion.
4.6 Passwords; Account Ownership
The Account Holder shall be responsible for maintaining security of its password. AT&T will not change passwords to
any account without proof of identification, which is satisfactory to AT&T, which may include written authorization with
signature. In the event of any dissolution of a corporation or partnership, divorce or other legal action that includes
Account Holder, Account Holder understands that AT&T will remain neutral and may put the account on hold until
final adjudication of the disposition of the domain name by a court with appropriate jurisdiction. Under no
circumstances will AT&T be liable for any losses incurred by Account Holder during this time of determination of
ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless AT&T from any and all Claims
arising from such ownership disputes. In the event of a breach of security through the Account Holder´s account, the
Account Holder will be liable for any unauthorized use of the AT&T services, including any damages resulting
therefrom, until the Account Holder notifies AT&T ´s customer service department of the breach of security.
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4.7 Domain Name Registrar Transfers
If Account Holder is transferring a domain name from a different domain name registrar of record to AT&T and its
Domain Name Vendor, the following terms shall apply: In making the transfer request, Account Holder represents
and warrants that: (i) Account Holder is the rightful holder of the registration for the domain name(s) to be transferred;
(ii) Account Holder is not in default with respect to any obligations owed to the current registrar of record; (iii) Account
Holder is not the subject of any pending bankruptcy proceeding; (iv) the domain name(s) are not currently the subject
of any dispute or collection effort, including any attachment, levy, lien, garnishment, escrow or other proceedings; (v)
Account Holder is legally authorized to request the transfer; and (vi) more than sixty (60) days have passed since the
domain name(s) was registered, transferred to a new registrar, or renewed. Account Holder agrees that neither AT&T
nor its Domain Name Vendor will have any responsibility for any obligations owed to the current registrar of record for
the domain name(s) transferred, and Account Holder will be responsible for any costs that AT&T or its Domain Name
Vendor may incur in resolving any claims brought by any third party (including the current registrar of record) relating
to this transfer. Account Holder hereby authorizes AT&T and its Domain Name Vendor to take all actions reasonably
necessary to transfer the domain name(s), including contacting and updating registration information with the current
registrar of record and the registry.
4.8 Marketing
Account Holder shall not use AT&T´s name or any language, pictures or symbols which could, in AT&T´s judgment,
imply AT&T´s identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other
written material of whatever nature, without prior written consent.
4.9 Audit Rights
AT&T reserves the right to audit Account Holder´s site, and the materials comprising the site, at any time. If the audit
reveals any act or omission, which in AT&T´s sole opinion, constitutes a violation of any local, state, federal or foreign
law or regulation, AT&T may immediately shut down the site, and notify Account Holder of the action. Account Holder
agrees that it waives any cause of action or claim it may have against AT&T for such action.
4.10 Investigation
Account Holder understands that AT&T may conduct an investigation into the Account Holder, Account Holder´s
business, and/or its owners, officers, directors, managers and other principals. Based upon that investigation, AT&T
reserves the right to refuse to do business with Account Holder, or to stop doing business with Account Holder.
Account Holder agrees to hold AT&T harmless for any damages arising out of any form or cause of action, that could
arise from AT&T´s actions. These audits or investigations will be conducted solely for the AT&T´s benefit, and not for
the benefit of Account Holder or any third party.
4.11 No Third Party Beneficiaries
AT&T and the Account Holder agree that, except as otherwise expressly provided in this Agreement, there shall be
no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or
the customers of the Account Holder. The Account Holder agrees that it shall specifically inform its customers that
they are not third party beneficiaries of this Agreement.
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4.12 Breach of Warranties
In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in
equity, AT&T will have the right, in its sole reasonable discretion, to suspend immediately any related Services if
deemed reasonably necessary by AT&T to prevent any harm to AT&T and its business. AT&T will provide notice and
opportunity to cure if practicable depending on the nature of the breach. Once cured, AT&T will restore the Service(s)
as soon as practical.
4.13 Termination for Violation
Violations of these or any other provisions of this Agreement may result in termination of the services provided by
AT&T in its discretion, with or without the grant of a notice or cure period, such notice or cure period to be granted at
the sole discretion of AT&T based upon the severity of the violation. AT&T reserves the right to refuse service if any
of the content within, or any links from, the Account Holder´s website is deemed prohibited unlawful, unlicensed,
illegal, misleading, or obscene, or is otherwise in breach of AT&T´s then current "Acceptable Use Policy" in AT&T´s
sole discretion. If AT&T terminates the services being provided to the Account Holder due to a violation of the
Acceptable Use Policy, such termination shall be without refund, and Account Holder may be liable for early
termination fees. Notwithstanding anything in this Agreement, the content of the Account Holder´s website is the
sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless AT&T from any
and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney´s fees, costs,
and other expenses incurred by AT&T, (collectively, "Claims") related to or in connection with the content of the
Account Holder´s website. The terms of this Section will survive any termination of this Agreement. If the Account
Holder sells or resells advertising or webspace to a third party, then the Account Holder shall be responsible for the
contents of such advertising and the actions of such third party. AT&T has the absolute right to reject any advertising
or other third party content that is illegal, offensive, or otherwise in breach of the then current "Acceptable Use
Policy". The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL
E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content
deemed objectionable by AT&T, AT&T may terminate the services being provided to the Account Holder, without
refund.
Representations and Warranties
5.1 Authority and Performance of AT&T
AT&T represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations
hereunder, and (ii) the performance of its obligations and delivery of the Services to Account Holder will not violate
any applicable U.S. laws or regulations, or cause a breach of any agreements with any third parties. AT&T warrants
that it is either the owner or licensee of any software involved herein and all documentation related to any such
software, and has the right and power to deliver and license or sublicense the software and all documentation related
to the software.
5.2 No Other Warranty
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE SERVICES ARE PROVIDED
ON AN "AS IS" BASIS, AND ACCOUNT HOLDER´S USE OF THE SERVICES IS AT ITS OWN RISK. AT&T DOES
NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE. AT&T DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. AT&T DOES NOT WARRANT THAT THE
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SOFTWARE, INCLUDING SECURITY SOFTWARE, OPERATES WITHOUT ERROR OR WILL PREVENT THIRD
PARTY HACKING OR ACCESS TO ACCOUNT HOLDER´S NETWORKS. IN THE EVENT OF A BREACH OF THE
WARRANTIES SET FORTH IN THIS SECTION 5, ACCOUNT HOLDER´S SOLE REMEDY IS TERMINATION
PURSUANT TO SECTION 9 OF THE AGREEMENT.
Limitation of Liability
6.1 Service Interruption
AT&T will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder
hereby acknowledges that the network may, at various time intervals, be down due, but not limited to, utility
interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall AT&T be liable to the
Account Holder for any damages resulting from or related to any failure or delay of AT&T in providing access to the
Internet under this Agreement. AT&T´s liability is limited to the value of the Account Holder´s contract.
6.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties
AT&T DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM AT&T´s NETWORK AND
OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF
INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR
INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT ACCOUNT HOLDER´S CONNECTIONS TO
THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH AT&T WILL USE COMMERCIALLY REASONABLE
EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, AT&T
CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, AT&T DISCLAIMS ANY AND
ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
6.3 Disclaimer of Actions Caused by and/or Under the Control of Account Holder
AT&T SHALL NOT BE RESPONSIBLE FOR ANY FAILURES, REPAIRS OR MODIFICATIONS NECESSITATED BY
THE ACCOUNT HOLDER´S ALTERATION OF THE OPERATING SYSTEM, INCLUDING ANY AND ALL
OPERATIONAL ISSUES WHICH MAY ARISE AS A RESULT OF THE ADDITION OF SOFTWARE BY ACCOUNT
HOLDER. AT&T SHALL NOT BE LIABLE FOR ANY DELAY IN PROVIDING OR ANY FAILURE TO PROVIDE
SERVICES IF SUCH DELAY IS CAUSED BY FORCES BEYOND THE REASONABLE CONTROL OF AT&T.
6.4 CONSEQUENTIAL DAMAGES WAIVER
IN NO EVENT SHALL AT&T BE LIABLE TO THE ACCOUNT HOLDER FOR ANY INDIRECT, PUNITIVE, SPECIAL
OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT
OR THE PERFORMANCE OR BREACH THEREOF. THE AGGREGATE, TOTAL LIABILITY OF AT&T UNDER THIS
AGREEMENT, IF ANY, SHALL IN NO EVENT OR CIRCUMSTANCE EXCEED THE TOTAL AMOUNT ACTUALLY
PAID BY THE ACCOUNT HOLDER HEREUNDER. THE TERMS OF THIS SECTION WILL SURVIVE ANY
TERMINATION OF THIS AGREEMENT.
6.5. Basis of the Bargain; Failure of Essential Purpose
The parties acknowledge that AT&T has set its prices and entered into this Agreement in reliance upon the limitations
of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis
of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers
specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
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Indemnification
7.1 Indemnification
The Account Holder agrees to indemnify and hold AT&T harmless from any and all claims or causes of action of any
kind or nature, arising out of or related to Account Holder´s use of products and services purchased from or provided
by AT&T, as well as all claims or causes of action of any kind or nature brought by any third party, or any of Account
Holder´s own customers. The Account Holder and AT&T will promptly notify the other upon receipt of any Claim or
legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established
in this paragraph will survive any termination of this Agreement.
Intellectual Property
8.1 Ownership
Except for the rights expressly granted herein, this Agreement does not transfer from AT&T to Account Holder any
AT&T developed technology, and all rights, title, and interest in and to such technology will remain solely with AT&T.
Except for the rights expressly granted herein, this Agreement does not transfer from Account Holder to AT&T any
Account Holder developed technology, and all rights, title, and interest in and to such technology will remain solely
with Account Holder. AT&T and Account Holder each agrees that it will not, directly or indirectly, reverse engineer,
decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the other party.
8.2 General Skills and Knowledge
Notwithstanding anything to the contrary in this Agreement, AT&T will not be prohibited or enjoined at any time by
Account Holder from utilizing any skills or knowledge of a general nature acquired during the course of providing the
Services, including, without limitation, information publicly known or available or that could reasonably be acquired in
similar work performed for another customer of AT&T.
Terminations
9.1. Termination For Cause
Either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this
Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in
the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from AT&T; (ii)
the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to
insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) the other party becomes the
subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership,
liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60)
days of filing.
9.2 Liability for Termination
Neither party will be liable to the other for any termination or expiration of any Service or this Agreement except in
accordance with its terms.
(a) For month-to-month plans, in the case of Account Holder´s termination or cancelation without cause, Account
Holder shall be immediately liable to AT&T for all rates and charges through the Term.
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(b) Annual plan Account Holders who terminate Service (without cause) prior to the end of the annual term agree to
pay AT&T fifty-percent (50%)of the Annual Fee prorated for the number of months remaining in the annual term upon
cancelation, plus any waived or unpaid non-recurring charges, plus any third-party charges incurred by AT&T due to
the termination.
(c) Upon termination by Account Holder without cause, Account Holder will not be eligible for refund or credits for
setup, add-on or domain name registration fees paid prior to the termination.
9.3. Effect of Termination. Upon the effective date of termination of this Agreement:
(a) AT&T will immediately cease providing the Service(s); and
(b) any and all payment obligations of Account Holder under this Agreement for Service(s) provided through the date
of termination will immediately become due.
Miscellaneous Provisions
10.1 Assignment
The Account Holder may not assign its rights or delegate its duties under this Agreement either in whole or in part
without the prior written consent of AT&T, and any attempted assignment or delegation without such consent will be
void. AT&T may assign this Agreement in whole or part. AT&T also may delegate the performance of certain
Services to third parties, including Affiliates. This Agreement will bind and inure to the benefit of each party´s
successors and permitted assigns.
10.2. Relationship of Parties
This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency
between AT&T and the Account Holder. Neither AT&T nor the Account Holder will have the power to bind the other
or incur obligations on the other´s behalf without the other´s prior written consent, except as otherwise expressly
provided herein.
Special Provisions Applicable to Web Design Services
11.1 Services Included
These additional terms and conditions shall be applicable to web design and site building professional services
including but not limited to template or custom websites either purchased as part of a pre-packaged plan or as an
hourly service.
11.2 Excluded Services
Any AT&T Web Design Services not listed in 11.1 are not included, including without limitation:
a. Services outside of normal business hours, which shall be 8:00 a.m. to 5:00 p.m. PT, Monday through Friday and
excluding any holidays on which AT&T or it´s vendor are closed for business;
b. System Administration services associated with AT&T´s Managed Dedicated Server offering including but not
limited to database administration for Oracle and/or MS SQL;
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c. Business planning, marketing support or business analysis; or
d. Work that AT&T determines it cannot perform due to client side or server side programming issues such as but not
limited to browser compatibility.
11.3 Site Review
Except in cases where AT&T originally built Client´s web site, if the web site is functionally or dynamically driven
(rather than exclusively .htm or .html based), AT&T shall complete a review of the web site before undertaking any
work under this Agreement. Client shall provide commercially reasonable cooperation to AT&T during the site review
process. If after the review AT&T determines that AT&T cannot perform its obligations hereunder due the
configuration of Client´s web site, this Agreement shall terminate, and AT&T shall have no liability to Client. Should
this Agreement terminate under this section the Provisions of Section 11.7 below (Confidentiality) shall survive.
11.4 Change Orders
During the term of this Agreement, Client may request services that AT&T reasonably determines are outside the
scope of the Services or Client´s previous approvals. In such cases, in the event AT&T agrees to perform such
services, AT&T will develop a change order ("Change Order") for such services that will include an outline of the
services to be provided, a proposed development schedule for the services and the fees payable by Client for the
requested services. Client must execute and return the Change Order before AT&T will have any obligation to
perform work covered by the Change Order. Client acknowledges that failure to sign a Change Order may result in
delay of the provision of services and a change to any estimated timelines.
11.5 Client Obligations
In connection with AT&T´s performance of the Services, Client shall have certain responsibilities including but not
limited to providing all content, logos, and pictures. Client is responsible for obtaining any and all necessary
authorizations for the use of any content, logos and pictures on the site and ensuring that such content, logos and
pictures adhere to the Acceptable Use Policy. Client will also provide logon and password to their hosting account so
that AT&T can load the website. Client will be responsible for and should immediate change their password once
AT&T has finished the work. Client acknowledges and agrees that AT&T´s performance of the Services is dependent
upon Client´s timely and effective satisfaction of such obligations and on timely decisions and approvals by Client.
Client therefore agrees to use its commercially reasonably best efforts to fulfill any reasonable obligations and to
provide timely decisions and approvals.
11.6 Ownership and Intellectual Property Rights
a. AT&T acknowledges that any Client provided data, content, graphics and/or information ("Client Content") is the
property of Client. Client hereby grants to AT&T a world-wide, royalty-free, revocable, non-transferrable, nonexclusive license to use the Client Content for the performance of the Services.
b. Client shall, at Client´s sole cost and expense, grant AT&T a world-wide, royalty-free, revocable, non-transferrable,
non-exclusive license to use any third party technologies required to modify the web site in connection with
performing the Services.
c. Client acknowledges that all technology (excluding any technology licensed pursuant to Section above) utilized by
AT&T to perform the Services (the "AT&T Tool Set") is the property of AT&T and its licensors.
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d. Provided Client has met its payment obligations, any modifications made by AT&T to Client´s web site and the
Client Content will be the property of Client.
e. Nothing in this Agreement shall preclude AT&T from developing for itself, or for others, materials which are
competitive with those produced as a result of the Services provided hereunder and any information which may be
retained in the unaided memory of AT&T personnel providing the Services hereunder, but without the use of any of
Client´s Confidential Information (as defined in Section 11.7 below).
11.7 Confidentiality
a. Each party acknowledges that, in the course of the performance of this Agreement, it may have access to
customer information and communications, including proprietary information claimed to be unique, secret, or
confidential, and which constitutes the exclusive property and/or trade secrets of the other party ("Confidential
Information"). Each party agrees to maintain the confidentiality of the Confidential Information and to use the
Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement.
Nothing in this Agreement shall prohibit or limit either party´s use or disclosure of information which (a) is now, or
hereafter becomes, publicly known or is available through lawful means; (b) is rightfully in receiving party´s
possession, as evidenced by receiving party´s records; (c) is disclosed to the receiving party without confidential or
proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is
independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written
permission to disclose provided by the disclosing party, or (f) is required by law to be disclosed.
b. Because the unauthorized use, transfer or dissemination of any Confidential Information by the recipient may
diminish substantially the value of such materials and may irreparably harm the disclosing party, if the recipient
breaches the provisions of this section, the disclosing party shall, without limiting its other rights or remedies, be
entitled to seek equitable relief, including but not limited to injunctive relief.
12. Software provided by AT&T to Customer with the Service is provided under the following terms:
a. AT&T grants Customer a personal, non-transferable and non-exclusive license (without the right to sublicense) to
use Software, in object code form, solely in accordance with applicable written and electronic documentation.
Customer will refrain from taking any steps to reverse assemble, reverse compile or otherwise derive a source code
version of the object code of the Software. The Software shall at all times remain the sole and exclusive property of
AT&T or its suppliers. To the extent that use of Software by a User is required for the use of a Service, Customer´s
Users may use the Software licensed to Customer under this Agreement for that purpose. Customer shall assure that
Customer´s Users comply with these terms and conditions. The term of the license granted hereunder shall be
coterminous with the term of the related Services.
b. Before using the Software, Customer shall first agree to comply with the terms and conditions that are provided
with any Third-Party Software and, in the event of a conflict, such Third-Party terms and conditions will take
precedence over these terms and conditions as to such Third Party Software. AT&T will pass through to Customer
any warranties available from its Third Party Software suppliers, to the extent that AT&T is permitted to do so under
its contracts with those suppliers.
c. "Software" means all software and associated written and electronic documentation and data licensed by AT&T to
Customer in connection with a Service. Software does not include software that is not furnished to Customer. "Third
Party Software" means Software that AT&T licenses from a third party.
Billing
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13.1 Billing: AT&T will bill Customer for the Service on a monthly basis via an electronic bill, and Customer agrees to
such electronic billing, and further agrees such invoice method is reasonable. Customer may request a paper copy of
its billing statement, and AT&T agrees to provide a paper copy for a fee (Optional Media) of $7.95. AT&T reserves
the right to modify the charge for providing a paper copy or a copy in any other media form upon Notice to Customer.
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AT&T Managed Internet Service
AT&T Managed Internet Service (MIS) provides managed connectivity to the Internet through access facilities. AT&T
provides, configures, monitors, manages and maintains the CPE necessary to use MIS, which generally consists of a
router and a diagnostic modem. MIS with Managed Router is not available with the Dual Stack IP Version Option.
Additional terms can be found in the AT&T Managed Internet Service (MIS) Business Service Guide Section SD-4.2.
http://new.serviceguide.att.com/portals/sgportal.portal?_nfpb=true&_pageLabel=mis_page
Products and Pricing
Monthly Recurring Charge**
Products and Services Available*
AT&T Managed Internet Service℠ ***
Products and Services Available*
AT&T Managed Internet Service℠ ****
Business in a Box (BIB)
0- 50 miles
$589.00
51 + miles
$799.00
Monthly Recurring Charge**
0-25 miles
26-50 miles
$589.00
Monthly
Recurring
Charge**
Service Publication Site
$984.00
http://new .serviceguide.att.com/portals/sgp
ortal.portal?_nfpb=true&_pageLabel=mis_p
age
Service Publication Site
http://new .serviceguide.att.com/portals/sgp
ortal.portal?_nfpb=true&_pageLabel=mis_p
age
Service Publication Site
BIB Base Unit 12 POE Port On-Site Mtce
MIS
$75.00
AT&T Business in a Box Service Guide
BIB 8 Port POE Add-On On-Site Mtce MIS
$35.00
www.corp.att.com/abs/serviceguide/
BIB 24 Port POE Add-On On-Site Mtce MIS
$85.00
* Promotional pricing may be available based on customer eligibility.
**All current or future taxes, surcharges, fees, shipping charges, and any similar charges specified or allowed by any governmental
entity are in addition to the prices shown.
*** Available in the areas in the following 22 states where AT&T serves as the ILEC (incumbent local exchange company): Alabama,
Arkansas, California, Florida, Georgia, Illinois, Indiana, Louisiana, Kansas, Kentucky, Michigan, Mississippi, Missouri, Nevada, North
Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Wisconsin.
**** Available in areas outside the 22 states where AT&T serves as the ILEC.
Geographic Availability
MIS Service Components/Capabilities and Optional Features are available as indicated in the MIS Geographic
Availability Matrix in the AT&T Managed Internet Service (MIS) Business Servicee Guide Section SD-1.
http://new.serviceguide.att.com/portals/sgportal.portal?_nfpb=true&_pageLabel=mis_page
Term and Termination
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"Term"
Period
of Term
Term Start Date
The Initial Term commences on the date the Service Activation Date of that Service
Component, unless Customer’s actions or omissions cause a delay of the Service
Activation Date beyond its scheduled Service Activation Date, in which case billing will
begin on the day after the scheduled Service Activation Date for such Service Component.
The Service Activation Date for a Service Component is the date on which the following
connectivity criteria have been met:
The MIS Access Arrangement has been installed and tested to the Customer Site
specified in the sales order form, and AT&T has verified that IP connectivity to the
Internet exists.
"Initial
Term"
If Customer has its own domain, Customer's domain has been registered by Customer
with ICANN Accredited Registrar and any AT&T-supplied DNS administration and
additional DNS servers are operational for Customer's domain.
2 Years
For MIS with Managed Router, the AT&T CPE* has been correctly configured and
installed at the Customer Site specified in the sales order form.
For other MIS Service Components, AT&T has verified that the Service Component is
working.
*In some Customer contracts with AT&T, “AT&T CPE” is replaced by the term “AT&T
Equipment.” For those contracts, reference to “AT&T CPE” in this Service Guide
should be deemed to be a reference to “AT&T Equipment”.
"Renewal
Term"
2 Years
Upon expiration of the Initial Term, this Agreement renews for a Renewal Term of two
(2) years, unless either Party notifies the other no less than sixty (60) days prior to
the expiration of the Party's intent to allow the Agreement to expire.
Withdrawal of Services.
AT&T may discontinue offering or providing the Service or a Service Component to Customer upon thirty (30) days
written notice or as required under applicable law or regulation, and in any event only where AT&T generally
discontinues providing the Service or a Service Component to similarly-situated customers. AT&T will use
commercially reasonable practices in determining the timing of an Service or Service Component withdrawal.
Early Termination Fee
If Customer, cancels or otherwise discontinues the Service prior to the expiration of the Initial Term or Renewal Term,
Customer is liable for an Early Termination Fee equal to 50% of the monthly recurring charges for the Service at the
time of the termination, times the number of months remaining in the then in-effect Term plus, if applicable, the
Customer will also be liable for reimbursement of any one- time credits or payments.
Service Level Agreements
AT&T has established performance objectives for MIS Service. While AT&T cannot guarantee that these
performance objectives always will be met, AT&T will provide credits to Customer when they are not met. For MIS
Sites located outside the US, the SLAs set forth below only apply to orders placed after December 16, 2005. Unless
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otherwise agreed to by the parties, any SLAs set forth in Customer’s Service Agreement, including prior versions of
the Service Guide applicable to such Sites, will continue to apply to MIS Sites located outside the US that were
ordered prior to December 16, 2005. Additional terms are provided in the AT&T Managed Internet Service (MIS)
Business Service Guide Section SLA-1. General MIS SLA Terms
http://new.serviceguide.att.com/portals/sgportal.portal?_nfpb=true&_pageLabel=mis_page
AT&T CPE Monitoring and Maintenance
AT&T will retain full management and operational control (including passwords) of the AT&T CPE. AT&T will
coordinate required software updates and configuration changes to AT&T CPE. AT&T technicians will work remotely
with Customer to diagnose failures and determine if AT&T CPE should be replaced or repaired.
There are two types of maintenance a Customer can choose from.
Advanced Next Business Day Replacement: If a problem is identified with the AT&T CPE, AT&T
will provide overnight shipment of replacement CPE for the Customer to self install. While AT&T
will ship the equipment for Next Business Day delivery where available, AT&T does not guarantee
arrival on the next business day after the identification of the problem.
On-Site Maintenance 24x7x4 Option: Once a problem has been identified with the AT&T CPE, an
AT&T qualified technician will be dispatched to a Customer site typically within a four (4) hour
response to verify and replace the AT&T CPE. This response time is not guaranteed by AT&T
because of geography and other conditions.
AT&T Business in a BoxTM Device Hardware / Dimensions / Regulatory Specifications can be found in the
AT& TBusiness in a Box powered by MIS or PNT Service SERVICE GUIDE Section 5
www.corp.att.com/abs/serviceguide/
Disconnect Orders
To disconnect an MIS Service Component, Customer must submit a disconnect order in writing using AT&T’s online
form, where available, or AT&T’s designated alternative procedures. Recurring charges continue to apply for a period
of 30 days from the date AT&T receives a disconnect order or until the disconnect date specified in the disconnect
order, whichever is later. Customer may delay or cancel a disconnect order without charge, at any time prior to the
disconnect date, by submitting a written request using AT&T’s online form, where available, or AT&T’s designated
alternative procedures. Additional terms on Cancelation of an Order are provide in the AT&T Managed Internet
Service (MIS) Business Service Guide Section SD-2.4 Cancellation of an Order
http://new.serviceguide.att.com/portals/sgportal.portal?_nfpb=true&_pageLabel=mis_page
Return of AT&T CPE
When (i) Customer’s agreement with AT&T for the provision of the Service expires, is terminated by Customer
pursuant to its terms or is terminated by AT&T pursuant to its terms; (ii) AT&T determines AT&T CPE is no longer
needed for the provision of service; or (iii) Customer’s agreement for the AT&T transport service (such as MIS)
terminates: Customer will, within 30 calendar days, return the AT&T CPE to AT&T at the Customer’s expense to
include appropriate packing and shipping. AT&T CPE must be in the same condition as originally installed, except
for ordinary wear and tear. Customer will incur a charge of $1,000 for not returning the AT&T CPE and associated
modem to AT&T within 30 days of disconnect.
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The Customer must use a traceable carrier when returning the CPE to AT&T. The customer will provide a tracking
number to AT&T upon request and will be responsible for the CPE until verified by AT&T that it has been received.
Billing
AT&T will bill Customer for the Service on a monthly basis via an electronic bill, and Customer agrees to such
electronic billing, and further agrees such invoice method is reasonable. Customer may request a paper copy of its
billing statement, and AT&T agrees to provide a paper copy for a fee (Optional Media) of $7.95. AT&T reserves the
right to modify the charge for providing a paper copy or a copy in any other media form upon Notice to Customer.
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AT&T Mobility Services
1.1 AT&T Markets. Service is available for purchase only in AT&T Markets, as may be
modified by AT&T from time to time.
1.2 Availability/Interruption. Service will be available only within the operating range of
each Carrier's wireless system in AT&T Markets and where roaming is available through other carriers (each, a
"Service Area"). AT&T may from time to time add or delete Service Areas, and AT&T may terminate Service to
Customer’s CRU(s) in any such deleted Service Area and/or terminate the Agreement if the Service Area deletion
affects all of Customer’s CRUs. Gaps in Service occur within the Service Areas shown on coverage maps, which, by
their nature, are only approximations of actual coverage; therefore, AT&T does not guarantee Customer
uninterrupted Service. Unless prohibited by law, Service may be interrupted, delayed or otherwise limited for a variety
of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority
access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency,
coordination with other systems, equipment modifications and repairs, and problems with the facilities of
interconnecting carriers. AT&T may block access to certain categories of numbers (e.g., 976, 900 and international
destinations) at its sole discretion. In addition, AT&T may interrupt or terminate Service without notice: (a) for any
conduct that AT&T believes violates this Agreement or any terms and conditions of Customer’s Plan; (b) if
Customer’s representative or CRU behaves in an abusive, derogatory, or similarly unreasonable manner with any of
AT&T’s representatives; (c) for Customer's nonpayment of charges, provision of inaccurate credit information, and/or
refusal to pay any requested advance payment or deposit when AT&T believes that Customer’s credit has
deteriorated; or (d) if AT&T has reasonable cause to believe that Customer’s Equipment is being used for an unlawful
purpose or in a way that (i) is harmful to, interferes with, or may adversely affect the Service, AT&T’s owned network
or the network of any other provider, (ii) interferes with the use or enjoyment of Services received by other
customers, (iii) infringes intellectual property rights, (iv) results in the publication of threatening or offensive material,
or (v) constitutes spam or other abusive messaging or calling, a security risk or a violation of privacy.
2. Plans and Sales Information. Customer may choose from Voice Service and Wireless Data
Service Plans found at the “Plans” page of the Program Website, as may be modified by AT&T from time to time. The
pricing, terms and conditions of the Service depend upon the Plan, feature, promotion or other offer (including,
without limitation, any Supplemental Service) selected when Service is activated or changed. Certain terms and
conditions are set forth in the Enterprise Customers: Additional Service and Equipment Related Terms found at
att.com/abs-addtl-terms; product-specific pricing and/or additional product-specific terms and conditions are set forth
in separate product briefs and rate brochures, at wireless.att.com/businesscenter, and/or in other AT&T marketing
materials. Such Enterprise Customers: Additional Service and Equipment Related Terms and other online and
printed product materials are referred to collectively in the Agreement as “Sales Information” and incorporated herein
by reference. End Users must qualify for the chosen Service. If End Users lose their eligibility for a particular rate
plan, AT&T may change their rate plan to one for which they qualify. Customer can contact its AT&T representative
for copies of the Sales Information. Service (including without limitation, eligibility requirements, Plans, pricing,
features, promotions, offers, and/or Service Areas)are subject to change
without notice. Any provisions in the terms and conditions governing the Plan, feature, promotion or other offer which,
by their terms, are to exist for a specified period of time, will survive any termination or expiration of this Agreement.
3. Equipment.
3.1 Availability. With respect to Numbers provisioned from AT&T Markets, Customer may
purchase available Equipment found at the “Equipment” page of the Program Website, the list of which may be
modified by AT&T from time to time. Specific models of Equipment are subject to availability limitations.
3.2 General. Customer is responsible for all phones and other Equipment containing a SIM
assigned to Customer and/or its CRUs under Customer’s account. Equipment must be compatible with, and not
interfere with, the Service and must comply with all applicable laws, rules, and regulations. Customer is responsible
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for the purchase and maintenance of any additional hardware, software and/or Internet access from PCs required to
use the Service. Equipment not purchased from AT&T or its authorized distributors (a) may not provide some or all of
the features included in the Service; and (b) may not allow use of features and functions when off of AT&T’s wireless
network, including those that work while on AT&T’s wireless network, and CALLS TO 911 MAY NOT GO THROUGH
ON ANY NETWORK. AT&T may periodically program Customer’s Equipment remotely with system settings for
roaming service, to direct Customer’s Equipment to use network services most appropriate for Customer’s CRUs’
typical usage, and other features that cannot be changed manually. Equipment purchased for use on AT&T’s system
are designed for use exclusively on AT&T’s system. Customer agrees that Customer and/or its CRUs won’t make
any modifications to the Equipment or programming to enable the Equipment to operate on any other system. AT&T
may, at its sole and absolute discretion, modify the programming to enable the operation of the Equipment on other
systems. Customer is solely responsible for complying with U.S. Export Control laws and regulations and the import
laws and regulations of foreign countries when CRUs are traveling internationally with Customer’s Equipment. Call
timers included in the Equipment are not an accurate representation of actual billed usage.
3.3 Shipping, Title and Risk of Loss. Subject to availability, and AT&T's receipt of
complete order information, AT&T will ship Equipment ordered by Customer and/or its End Users to the address
specified in the order within two (2) to five (5) business days of AT&T's receipt of the order. Title and risk of loss will
pass to Customer upon delivery of the Equipment to the address specified in the order.
4. Activation and Other Processes.
4.1 Service and Equipment. Customer will follow the policies and processes established by
AT&T to activate, migrate, terminate, or otherwise modify Service or to purchase Equipment, as may be
modified from time to time. Customer authorizes AT&T to provide information about and to make
changes to Customer’s account, including adding new Service, upon the direction of any individual
representative of Customer able to provide information AT&T deems sufficient to identify Customer. Any
order for Service and/or Equipment that Customer's representative submits to AT&T will be binding upon
Customer pursuant to the terms and conditions of this Agreement. AT&T may reasonably rely on the
authority of any person who executes an order on Customer's behalf. Customer consents to the use by
AT&T or its authorized agents of regular mail, predictive or autodialing equipment, email, text messaging,
facsimile or other reasonable means to contact Customer and/or its CRUs to advise Customer and/or its
CRUs about AT&T’s Services or other matters AT&T believes may be of interest to Customer and its
CRUs. In any event, AT&T reserves the right to contact Customer and/or its CRUs by any means
regarding customer service-related notifications, or other such information.
4.2 Additional Products, Services, Equipment, and Programs. AT&T may make
additional products, services, Equipment and/or programs available to Customer. To the extent Customer
orders, pays for, or otherwise receives the benefit of any products, services, Equipment and/or programs,
Customer will be bound by the terms and conditions of their respective Attachments found in the
“Additional Products, Services, Equipment and Programs” section of the Program Website, as such terms
and conditions may be modified by AT&T from time to time, all of which are incorporated herein by
reference.
4.3 Identification and Password. Before Customer may use certain AT&T online activation,
enrollment, configuration and/or support services, an authorized representative of Customer must register
with AT&T and create a login identification ("ID") and password. Use of this login ID and password will
enable Customer and/or its employees and agents to make certain changes to Customer's and/or CRUs'
account(s). Customer is solely responsible for maintaining adequate security and control of any and all
IDs, passwords, or any other codes that are created by Customer, or issued to Customer by AT&T, for
purposes of giving Customer access to activation, enrollment, configuration and support services. AT&T
is entitled to rely on information it receives from Customer or its agents and may assume that all such
information was submitted by or on behalf of Customer.
4.4 Supplemental Services. Customer may from time to time subscribe to services,
features or software applications provided by third parties including, but not limited to, (a) operator
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services, (b) loss protection, (c) fleet tracking, field service, sales force automation and other softwarebased
features and applications, and (d) messaging, email, email forwarding or other server softwarebased
services (collectively, “Supplemental Services”). Customer acknowledges that access to such
Supplemental Services typically requires a separate licensing or other agreement between Customer and
the third party and that Customer is also subject to the terms and conditions of that agreement.
5. Payment and Charges.
5.1 Payment. Customer must pay all charges, including, without limitation, airtime, roaming,
recurring monthly service, activation, optional feature charges, license fees, toll, collect call and directory
assistance charges, Equipment, Supplemental Services, and any other charges or calls billed to a CRU’s
phone number. Customer may be billed for multiple types of usage simultaneously. Customer must also
pay Taxes (as defined below), administrative and late payment fees, restoral and reactivation charges,
and any Regulatory Cost Recovery Fee and other surcharges. For any termination (including when a
Number is switched to another carrier), Customer will be responsible for payment of all fees and charges
through the end of the billing cycle in which termination occurs. Payment is due upon receipt of the
invoice.
5.1.1 Taxes. Taxes include any applicable sales, public utilities, gross receipts, or
other taxes, surcharges, fees and assessments imposed by governments (regardless of whether they are
imposed on Customer, CRU, AT&T or a Carrier) including, without limitation, assessments to defray costs
for government programs such as universal connectivity, enhanced 911 service, local number portability,
and number pooling relating to Service, Equipment, goods or services purchased, and/or the wireless
network. Customer understands and agrees that State and Federal Universal Service Fees and other
governmentally imposed fees, whether or not assessed directly upon Customer, may be increased based
upon the government's or AT&T’s calculations.
5.1.2 Regulatory Cost Recovery Charge. In addition to other charges, AT&T may
assess a Regulatory Cost Recovery Charge, which is a monthly charge with respect to each CRU, that is
created, assessed and collected by AT&T to help defray AT&T's costs incurred in complying with State
and Federal telecom regulation; State and Federal Universal Service charges; and surcharges for
customer-based and revenue-based State and local assessments on AT&T. These are not taxes or
government-required charges. AT&T may change the amount of the Regulatory Cost Recovery Charge
without notice.
5.2 Charges.
5.2.1 Generally. If Equipment is shipped to Customer or a CRU, Services may be
activated before delivery of the Equipment so that it can be used promptly upon receipt. Thus, Customer
may be charged for Services while the Equipment is still in transit. Except as provided below, monthly
service and certain other charges are billed one month in advance, and there is no proration of such
charges if Service is terminated on other than the last day of the applicable billing cycle. Monthly service
and certain other charges are billed in arrears if Customer is a former customer of AT&T Wireless and
maintain uninterrupted service on select Plans; however, if Customer elects to receive invoices for
Service combined with Customer’s landline phone bill (where available), Customer will be billed in
advance as provided above. Unless otherwise provided in the corresponding Sales Information, if a
selected Plan includes a predetermined allotment of services (e.g., a predetermined amount of airtime,
data, megabytes or text messages), any unused allotment of such services from one billing cycle will not
carry over to any other billing cycle. AT&T may bill Customer in a format as AT&T determines from time
to time. Additional charges may apply for additional copies of invoices, or for detailed information about
Customer’s usage of Services. All data and messaging allowances must be used in the billing period in
which the allowance is provided. Billing of usage for calls, messages or other services (such as usage
when roaming on other carriers’ networks, including internationally) may occasionally be delayed. Such
usage charges may appear in a later billing cycle, will be deducted from Anytime monthly minutes or
other Service allotments for the month when the usage is actually billed, and may result in additional
charges for that month. Those minutes will be applied against Customer’s Anytime monthly minutes in
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the month in which the calls appear on Customer’s bill. Customer also remains responsible for paying the
monthly service fee if Service is suspended for nonpayment. AT&T may require payment by money
order, cashier’s check, or a similarly secure form of payment at AT&T’s discretion. Billing cycle end dates
may change from time to time. When a billing cycle covers less than or more than a full month, AT&T may
make reasonable adjustments and prorations. Service charges may differ by Service Area. Services,
Equipment and Supplemental Services may incur charges in a different manner than set forth herein, and
AT&T will advise Customer of any such differences in the corresponding Attachment and/or Sales
Information. Certain Supplemental Services and non-stocked Equipment may be billed to Customer’s or
its CRUs’ invoices, as applicable, by AT&T on behalf of the third party provider pursuant to the terms and
conditions of AT&T’s Alliance Billing Service Attachment found at the Program Website. AT&T will advise
Customer when the Alliance Billing Service applies.
5.2.2 Voice Service Charges. AIRTIME AND OTHER MEASURED USAGE ("CHARGEABLE TIME")
IS BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP
TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES.
AT&T CHARGES A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE LAST
MINUTE OF AIRTIME USED ON EACH WIRELESS CALL. UNLESS OTHERWISE PROVIDED IN THE
SALES INFORMATION FOR A PARTICULAR PLAN OR FEATURE, MINUTES WILL BE DEPLETED
ACCORDING TO USAGE IN THE FOLLOWING ORDER: NIGHT AND WEEKEND MINUTES, MOBILE
TO MOBILE MINUTES, ANYTIME MINUTES AND ROLLOVER, EXCEPT THAT MINUTES THAT ARE
PART OF BOTH A LIMITED PACKAGE AND AN UNLIMITED PACKAGE WILL NOT BE DEPLETED
FROM THE LIMITED PACKAGE. Chargeable Time begins for outgoing calls when pressing SEND (or
similar key) and for incoming calls when a signal connection from the caller is established with AT&T’s
facilities. Chargeable Time ends after pressing END (or similar key), but not until the Equipment's signal
of call disconnect is received by AT&T’s facilities and the call disconnect signal has been confirmed. All
outgoing calls on AT&T’s wireless network for which AT&T’s systems receive answer supervision or
which have at least thirty (30) seconds of airtime or other measured usage shall incur a minimum of one
(1) minute airtime charge. Answer supervision is generally received when a call is answered; however,
answer supervision may also be generated by voice mail systems, private branch exchanges, and
interexchange switching equipment. Chargeable Time may (a) include time for AT&T to recognize that
only one party has disconnected from the call, time to clear the channels in use, and ring time, and (b)
occur from other uses of AT&T’s facilities, including by way of example, voice mail deposits and retrievals,
and call transfers. Calls that begin in one rate period and end in another rate period may be billed in their
entirety at the rates for the period in which the call began.
5.2.3 Wireless Data Service Charges. DATA TRANSPORT IS CALCULATED IN
FULL-KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULLKILOBYTE
INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. AT&T
CALCULATES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST
KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. TRANSPORT IS BILLED
EITHER BY THE KILOBYTE (“KB”) OR MEGABYTE ("MB"). IF BILLED BY MB, THE FULL KBs
CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED AND
ROUNDED UP TO NEXT FULL MB INCREMENT TO DETERMINE BILLING. IF BILLED BY KB, THE
FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED
TO DETERMINE BILLING. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, EMAIL
NOTIFICATIONS AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE
MEASURED KILOBYTES. Utilizing compression solutions may or may not impact the amount of
kilobytes calculated for data transport. For Wireless Data Service that permits Voice Service usage at pay
per use rates, airtime and other measured usage will be billed in full minute increments and rounded up to
the next full minute increment at the end of each call. Customer is responsible for all Wireless Data
Service usage sent through AT&T’s wireless network and associated with Equipment regardless of
whether the Equipment actually receives the information. Network overhead, software update requests,
and resend requests caused by network errors can increase measured kilobytes. Data sent and received
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includes, but is not limited to, downloads, email, overhead and software update checks. If Customer or a
CRU chooses to connect Equipment to a PC for use as a wireless modem, standard Wireless Data
Service charges will apply in accordance with the corresponding Plan. Wireless Data Service usage is
compiled as often as once per hour or only once every 24 hours. AT&T’s system will then create a billing
record representing (a) the Wireless Data Service usage for each data gateway or service accessed (e.g.
WAP, RIM) while on AT&T’s wireless network; (b) the usage for each Carrier's domestic network; and (c)
the Wireless Data Service usage for each international network. In some situations billing for Wireless
Data Service usage may be delayed; any delayed usage will create additional billing records for the
actual day of the usage. Usage on networks not owned by AT&T is limited as provided in Customer’s
Wireless Data Service Plan. Unless designated for international or Canada use, Plan prices and included
use apply only to EDGE/GPRS and BroadbandConnect access and use on AT&T’s wireless network and
its roaming partners’ wireless networks within the United States and its territories (Puerto Rico and the
U.S. Virgin Islands), excluding areas within the Gulf of Mexico.
5.3 Software. Any software licensed separately by AT&T to Customer and/or its CRUs for
use with the Service will be governed by the written terms and conditions applicable to such software.
Title to software remains with AT&T or its supplier. Customer must comply with all such terms and
conditions and they take precedence over this Agreement as to such software. For the avoidance of
doubt, software referred to herein does not include Software as defined in the Sales Information found at
att.com/abs-addtl-terms or any Supplemental Service.
5.4 Disputed Charges. Except as otherwise provided by law with respect to unauthorized
charges, disputed charges must be disputed to AT&T in writing within six (6) months after the date of the
affected invoice, or the right to dispute is waived. In the event of a disputed invoice, Customer will pay
the entire undisputed amount of the invoice. AT&T, Customer and Carriers will use their good faith efforts
to reconcile the dispute within sixty (60) days of submission of the dispute to AT&T.
5.4.1 Unauthorized Charges to Equipment. (California Customers Only) Customer is not
liable for charges it did not authorize, but the fact that a call was placed from a CRU’s Equipment is
evidence that the call was authorized. Customer may submit documents, statements and other
information to show any charges were not authorized. Unauthorized charges may include calls made to
or from a CRU’s Equipment after it was lost or stolen. If Customer notifies us of any charges on its bill it
claims are unauthorized, AT&T will investigate. AT&T will advise Customer of the result of its
investigation within 30 days. If Customer does not agree with the outcome, Customer may file a complaint
with the California Public Utilities Commission and Customer may have other legal rights. While an
investigation is underway, Customer does not have to pay any charges it disputes or associated late
charges, and AT&T will not send the disputed amount to collection or file an adverse credit report about it.
5.5 Late Payment Fee. Late payment charges are based on the state to which the area
code of the first Number assigned to Customer’s billing account is assigned by the North American
Numbering Plan Administration (for area code assignments, see nationalnanpa.com/area_code_maps).
Customer will pay AT&T a late payment fee equal to the lesser of up to one and one-half percent (1.5%)
per month (prorated daily) of any amount not paid by the due date, or the highest amount allowed by
applicable state law or tariff; provided, however, that, with respect to amounts not paid by Customer in
accordance with §5.4 above, AT&T and Customer agree that the late payment fee will accrue on the
unpaid disputed amount as set forth above during the dispute resolution process but that Customer will
only be liable for the late payment fee to the extent the dispute is resolved in favor of AT&T.
5.6 Advance Payments and/or Deposits. AT&T may require Customer to make deposits or
advance payments for Service, which AT&T may offset against any unpaid balance on Customer’s
account. Interest won’t be paid on advance payments or deposits unless required by law. AT&T may
require additional advance payments or deposits if AT&T determines that the initial payment was
inadequate. Based on Customer’s creditworthiness as AT&T determines it, AT&T may establish a credit
limit and restrict Service. If Customer’s account balance goes beyond the limit AT&T set for Customer,
AT&T may immediately interrupt or suspend Service until Customer’s balance is brought below the limit.
Any charges incurred by Customer’s CRUs’ in excess of Customer’s limit become immediately due. If
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Customer has more than one account with AT&T, Customer must keep all accounts in good standing to
maintain Service. If one account is past due or over its limit, all accounts in Customer’s name are subject
to interruption or termination and all other available collection remedies. AT&T will charge Customer up
to $30 (depending on applicable law) for any check or other instrument (including credit card charge
backs) returned unpaid for any reason. Customer agrees to reimburse AT&T the fees of any collection
agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs, including
reasonable attorneys' fees, AT&T incurs in such collection efforts.
6. Default, Termination, Cure and Remedies.
6.1 Default and Termination. If either party fails to perform or observe any material term or
condition of this Agreement, then such party will be in default of the Agreement, and the non-defaulting
party may terminate the Agreement in accordance with the terms and conditions of §6.2 below.
6.2 Notice and Opportunity to Cure. The party seeking to terminate the Agreement under
§6.1 above must notify the defaulting party in writing at least thirty (30) days prior to the proposed
termination date. This written notice must specify the default(s) giving rise to the right to terminate the
Agreement, and must specify a proposed termination date. The defaulting party will have thirty (30) days
in which to cure the default(s), unless such cure period is extended by agreement of the parties. If the
default is not cured within this thirty (30) day cure period or any extension thereof, then the Agreement
will automatically terminate at the close of business on the termination date specified in the written notice
or any agreed extension.
6.3 Termination for Deletion of Service Area. If the deletion of any Service Area materially
reduces the Service provided to Customer hereunder, then Customer, within thirty (30) days of the
effective date of the Service Area deletion, must notify AT&T in writing of its intent to terminate. Such
written notice must specify the material Service Area deletion and must specify a proposed termination
date no earlier than thirty (30) days from the date of the notice.
6.4 Remedies. Upon termination for any reason, the parties may seek any remedies
available at law or in equity, and Customer will pay to AT&T all amounts incurred hereunder as of the
termination date, including any Cancellation Fee(s). In addition, Customer will pay to AT&T all collection
costs and expenses, including reasonable attorneys’ fees and costs, incurred by AT&T in exercising any
of its rights and remedies when enforcing any provisions of this Agreement.
7. Use of Service.
7.1 Changes to Numbers. Except as otherwise provided by law, Customer has no property
rights to any Number and AT&T may change any such Number.
7.2 Fraud Prohibited. Customer and its respective CRUs and IRUs (if applicable) will not
use or assist others to use the Service or Equipment for any unlawful, unauthorized, abusive or fraudulent
purpose. If Customer’s Equipment is lost or stolen, Customer and/or its CRUs can report the Equipment
as lost or stolen and suspend Service without a charge by contacting AT&T at the phone number listed on
the monthly invoice or at wireless.att.com. Customer is responsible for all charges incurred until
Customer or its CRU reports the theft or loss to AT&T except as otherwise provided by law, and
Customer remains responsible for complying with all other obligations under this Agreement including, but
not limited to, paying the Monthly Service Charge while the Equipment is suspended. Any Carrier may
cancel Service to any Number if AT&T or that Carrier believes the Number is being used in an unlawful,
abusive or fraudulent manner. Before a Carrier cancels any Service under this paragraph, the Carrier will
attempt to give Customer notice of its intent to cancel. In the event Customer instructs the Carrier to retain
Service, Customer will be responsible for paying all charges, authorized, unauthorized or fraudulent,
associated with such Number, including but not limited to charges incurred by any clone or duplication of
that Number; provided, however, that Customer will not be liable for IRUs' charges under any such
circumstance. Additionally, Customer agrees to adopt, at no additional charge to Customer, any
reasonable fraud prevention or fraud reduction processes or products recommended by AT&T or, if not
adopted by Customer, to be responsible for any unauthorized charges on Numbers which do not adopt
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such processes or products.
7.3 Acceptable Use; Restrictions Regarding Service. All use of AT&T’s wireless network
and Service is governed by AT&T’s Acceptable Use Policy, which can be found at
att.com/AcceptableUsePolicy, as determined solely by AT&T. AT&T can revise its Acceptable Use Policy
at any time without notice. Use of Service is also subject to any restrictions and/or prohibited uses
described in the applicable Sales Information.
7.4 Ownership. AT&T owns or leases the exclusive rights to the frequencies related to the
Service, Numbers and transmission facilities used by AT&T in the provision of Service to AT&T
customers. FCC regulations strictly forbid any party that is not a wireless communications licensee from
altering, enhancing or maintaining cellular radio signals. FCC regulations require AT&T to maintain
control over any transmitting device that operates within AT&T’s assigned frequencies. Customer may not
install any amplifier, enhancer, repeater or other device or system on AT&T’s wireless network or
frequencies without AT&T’s prior written approval.
7.5 Content. Customer is solely responsible for all content that it permits to be posted or
transmitted onto or through the Service or any of AT&T's systems, including materials, code, data, text
(whether or not perceptible by End Users), multimedia information (including but not limited to sound,
data, audio, video, graphics, photographs, or artwork), e-mail, chat room content, bulletin board postings,
or any other items or materials accessible through the Service or any of AT&T's systems ("Content").
Customer has sole responsibility for any losses resulting from Customer's or CRUs' downloading, access
to, or use of any third-party Content, or from Customer's or CRUs' access to or use of the Service or the
Internet, in any manner and for any purpose whatsoever. In providing Service, AT&T may permit End
Users to transmit, receive and host content over its network and the Internet and may act as a "services
provider" as defined in the Digital Millennium Copyright Act.
7.6 Customer's Notices to End Users. Customer will advise all its End Users that they
must read all collateral materials concerning Service and use of the Equipment, including, without
limitation, the Welcome Guide, Plan brochures, coverage maps, and materials related to Equipment and
accessories. AT&T will make copies of such materials available to Customer upon request. Customer
will also provide to End Users, and advise End Users to read, any additional printed materials and
consumer information reasonably requested by AT&T from time to time to be so provided. Similarly, for
purposes of determining which jurisdiction's taxes and other assessments to collect, federal law requires
AT&T to obtain End Users' Place of Primary Use ("PPU"), which must be their residential or business
street address and which must be within a Carrier's licensed Service Area. Customer agrees to provide
its respective CRUs' PPU when ordering Service on behalf of such person(s), and to inform its End Users
that they must provide their proper PPU when ordering Service in connection with this Agreement. If a
CRU doesn’t provide AT&T with a PPU, or if it falls outside AT&T’s licensed Service Area, AT&T may
reasonably designate a PPU within the licensed Service Area for such CRU. Each CRU must live and
have a mailing address within AT&T’s owned network coverage area.
7.7 Location-Based Services. AT&T collects information about the approximate location of
Equipment in relation to AT&T’s cell towers and the Global Positioning System (“GPS”). AT&T uses that
information, as well as other usage and performance information also obtained from AT&T’s network and
the Equipment, to provide Voice Services and Wireless Data Services and to maintain and improve
AT&T’s network and the quality of customers’ wireless experience. AT&T may also use location
information to create aggregate data from which End Users’ personally identifiable information has been
removed or obscured. Such aggregate data may be used for a variety of purposes such as scientific and
marketing research and services such as vehicle traffic volume monitoring. It is Customer’s responsibility
to notify all CRUs on Customer’s account that AT&T may collect and use location information from their
Equipment. The Equipment is also capable of purchasing and using optional goods, content and services
(at Customer’s request or the request of a CRU on Customer’s account) offered by AT&T or third parties
that make use of the Equipment’s location information ("Location-Based Services"). Customer should
review, and will advise all of its CRUs to read, the Sales Information and the associated privacy policy for
each Location-Based Service to learn how the location information will be used and protected. Customer
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and its CRUs may refer to AT&T’s privacy policy at att.com/privacy for additional details
7.8 AT&T 411 Info. AT&T’s directory assistance service (411) may use the location of
Equipment to deliver relevant customized 411 information based upon an End User's request for a listing
or other 411 service. Customer understands, and will advise all of its CRUs, that by using this directory
assistance service, the CRU is consenting to AT&T’s use of the CRU’s location information for such
purpose. This location information may be disclosed to a third party to perform the directory assistance
service and for no other purpose. Such location information will be retained only as long as is necessary
to provide the relevant customized 411 information and will be discarded after such use. Customer and
its CRUs may refer to AT&T’s privacy policy at att.com/privacy for additional details.
9. Billing
AT&T will bill Customer for the Service on a monthly basis via an electronic bill, and Customer agrees to such
electronic billing, and further agrees such invoice method is reasonable. Customer may request a paper copy of its
billing statement, and AT&T agrees to provide a paper copy for a fee (Optional Media) of $7.95. AT&T reserves the
right to modify the charge for providing a paper copy or a copy in any other media form upon Notice to Customer
9. Miscellaneous.
9.1 Defined Terms. Unless specifically excepted, all defined terms, regardless of where
defined, will have the same meaning in all documents comprising this Agreement including, without
limitation, the Cover Page (if applicable), the Program Description, the General Terms and Conditions,
and all attachments. In addition to the terms defined elsewhere, these terms will have the following
meanings in the Agreement:
9.1.1 "Affiliate" means and includes legal entities controlling or controlled by or under
common control with AT&T.
9.1.2 “Carrier” or “Carriers” means a licensed Affiliate of AT&T that operates
commercial mobile radio telecommunications systems in the geographic areas covered by the Agreement
and, with respect to §8 of these General Terms and Conditions, includes the Carriers’ respective
employees, officers, agents and subcontractors.
9.1.3 "AT&T" or "party" when it refers to AT&T includes AT&T, its Affiliates, and their
respective employees, officers, agents and subcontractors.
9.1.4 “AT&T Markets” means a geographic area served by Affiliates under common
control with AT&T.
9.1.5 "Equipment" means the wireless receiving and transmitting equipment or SIM
(Subscriber Identity Module) Card that AT&T has authorized to be programmed with a Number or
Identifier, and any accessories.
9.1.6 "Number" or "Identifier" means any number, IP address, e-mail address or
other identifier provisioned by Carriers, their agents or the Equipment manufacturer to be used with
Service.
9.1.7 "Plan" means a wireless calling plan, Service plan or rate plan from AT&T.
9.1.8 “Service” means commercial mobile radio service, including without limitation
Voice Service and Wireless Data Service. For the avoidance of doubt, Service does not include
Equipment or Supplemental Services.
9.1.9 “Voice Service” means wireless voice telecommunications services.
9.1.10 “Wireless Data Service” means wireless data telecommunications services.
Futher details are located on wireless.att.com/businesscenter/legal-contracts/amb.jsp
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© 2011 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo and all other marks contained herein are trademarks of AT&T
Intellectual Property and/or AT&T affiliated companies.
Version: 02232011