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Effective Date: September 1, 2023

IMPORTANT INFORMATION

  1. Definitions. The following definitions apply to this Agreement:“Agreement” means these Verizon End Customer Terms.
  2. “Verizon” means Verizon Business (formerly known as Verizon Enterprise Solutions), a business unit of Verizon, on behalf of itself and its affiliates providing the Services (Verizon).

TERMS AND CONDITIONS

  1. Agreement.
    1. This Agreement governs the provision and use of certain services, software and equipment (collectively, “Services”) provided to Customer by Verizon. Specific terms and conditions for a Service may be contained in the applicable service description, which is incorporated into and forms a part of this Agreement. In the event of a conflict between this Agreement and an applicable service description, the service description will prevail. This Agreement incorporates by reference the following, in the order of precedence listed below:
      • Acceptance. Customer accepts this Agreement by: (a) agreeing in writing, by email, or by clicking “I Agree” (or other similar button); (b) registering for, ordering, or activating a Service; or (c) using a Service or the Verizon-provided equipment (“Equipment”).
      • Term. The term of this Agreement begins on the date Customer accepts it and continues until terminated as provided for in this Agreement. The term of a Service begins on the Service Commencement Date and continues for the period of time stated in the service order (“Service Term”). The “Service Commencement Date” is the date that the Service is activated, which is the date Verizon notifies Customer that the Service is ready for use or the date Customer begins using the Service, whichever is earlier.
      • Changes to the Agreement, Services, or Charges. Verizon may change this Agreement (including the service descriptions) or the charges for the Services from time to time. Changes will be posted on the Verizon website, and Verizon may also notify Customer by bill message, email, or other notice. Changes are effective on the date posted or as provided in the notice. By continuing to use the Services after a change, Customer accepts the change.
      • Authorized User. Customer is responsible for all use of the Services, including use by third parties, and for all charges, whether or not authorized by Customer. Customer is responsible for securing its communications and network and for any misuse of the Services that occurs through Customer’s account, whether fraudulent or not. Customer must take immediate action to prevent unauthorized use of the Services and notify Verizon of any security breach. Customer may not resell the Services to third parties, except as a component of a value-added offering. Customer will ensure that its users comply with this Agreement. A breach of this Agreement by a Customer’s user is a breach by Customer. If Customer is a reseller, Customer is responsible for its end users’ compliance with the terms and conditions of this Agreement.
      • Privacy. Verizon’s privacy policy, which is available on the Verizon website, governs Verizon’s handling of Customer’s personal information.
      • End User License Agreement. The terms of the Verizon End User License Agreement, available atEnd User License Agreement
      • Acceptable Use Policy. Customer’s use of the Services is subject to Verizon’s Acceptable Use Policy (“AUP”), which is available on the Verizon website and is incorporated into this Agreement by reference. Verizon may change the AUP from time to time, and changes are effective upon posting to the Verizon website.
      • Data Protection. If Customer’s use of the Services requires Verizon to process personal data, Verizon will do so in accordance with the applicable data protection addendum, which is available on the Verizon website and is incorporated into this Agreement by reference.
      • Service Level Agreements. Verizon’s service level agreements (“SLAs”), if any, are available on the Verizon website and are incorporated into this Agreement by reference.
      • Service Descriptions. Verizon’s service descriptions are available on the Verizon website and are incorporated into this Agreement by reference.
      • Service Availability. The Services are not available in all areas, and service availability is subject to change. Verizon does not guarantee the availability of the Services.
      • Service Limitations. The Services may be subject to limitations, including, but not limited to, limitations on the number of users, the amount of storage, and the number of transactions.
      • Third-Party Services. The Services may include third-party services, which are subject to the terms and conditions of the third-party provider. Verizon is not responsible for third-party services. The terms for third-party software can be found atThird-Party Software Terms .
      • Equipment. Customer is responsible for providing and maintaining all equipment necessary to use the Services. Verizon may provide Equipment to Customer, which is subject to the terms and conditions of this Agreement.
      • Software. Verizon grants Customer a non-exclusive, non-transferable license to use the software provided by Verizon in connection with the Services. Customer may not reverse engineer, decompile, or disassemble the software.
      • Intellectual Property. Verizon and its licensors own all right, title, and interest in and to the Services, including all intellectual property rights. Customer may not use Verizon’s trademarks without Verizon’s prior written consent.
      • Confidentiality. Customer and Verizon will protect each other’s confidential information from unauthorized use, access, or disclosure in the same manner that it protects its own confidential information of a similar nature, and in no event with less than a reasonable degree of care.
      • Notices. Notices to Customer will be sent to the email address on file with Verizon. Notices to Verizon must be sent to the address provided on the Verizon website.
      • Assignment. Customer may not assign this Agreement without Verizon’s prior written consent. Verizon may assign this Agreement without Customer’s consent.
      • Governing Law. This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws principles.
      • Entire Agreement. This Agreement is the entire agreement between Customer and Verizon and supersedes all prior agreements, whether written or oral.
    2. Verizon may update the URLs for the terms and policies incorporated into this Agreement.
    3. Customer is responsible for providing and maintaining accurate and current contact information with Verizon.
    4. Customer represents and warrants that it has the legal power and authority to enter into this Agreement and that the person accepting this Agreement on Customer’s behalf has been duly authorized to do so.
    5. If Customer is a government entity, the terms and conditions of the applicable government addendum, which is available on the Verizon website, are incorporated into this Agreement by reference.
    6. If Customer is a non-profit entity, the terms and conditions of the applicable non-profit addendum, which is available on the Verizon website, are incorporated into this Agreement by reference.
    7. If Customer is an educational institution, the terms and conditions of the applicable educational institution addendum, which is available on the Verizon website, are incorporated into this Agreement by reference.
  2. Charges and Payment.
    Customer will pay all charges for the Services, including all applicable taxes and fees. Charges are due and payable in accordance with the payment terms set forth in the applicable service order. Late payments may be subject to a late fee. Verizon may suspend or terminate the Services for non-payment.
  3. Termination.
    1. Either party may terminate this Agreement for convenience upon 30 days’ prior written notice to the other party.
    2. Either party may terminate this Agreement for cause if the other party breaches a material term of this Agreement and fails to cure the breach within 30 days of receipt of written notice of the breach.
    3. Verizon may terminate this Agreement immediately if Customer violates the AUP or if Verizon is required to do so by law.
    4. Upon termination of this Agreement:
      1. Customer will pay all outstanding charges for the Services;
      2. Customer will return all Equipment to Verizon;
      3. Customer will cease using the Services; and
      4. Verizon will have no further obligation to provide the Services.
    5. The following sections will survive termination of this Agreement: Charges and Payment, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, and General.
    6. If Customer terminates a Service before the end of the Service Term, Customer may be subject to an early termination fee.
      If Verizon terminates a Service before the end of the Service Term for cause, Customer will be subject to an early termination fee.
  4. Disclaimer of Warranties.
    1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
    2. VERIZON DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
      1. VERIZON DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
      2. VERIZON DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
    3. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY, REPRESENTATION, OR STATEMENT NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.
      1. CUSTOMER IS SOLELY RESPONSIBLE FOR THE ACCURACY, QUALITY, AND LEGALITY OF ITS DATA AND THE MEANS BY WHICH IT ACQUIRED ITS DATA.
      2. CUSTOMER IS SOLELY RESPONSIBLE FOR THE CONTENT OF ITS COMMUNICATIONS AND THE CONSEQUENCES OF THOSE COMMUNICATIONS.
    4. VERIZON IS NOT RESPONSIBLE FOR THE CONTENT OF THE INTERNET OR ANY THIRD-PARTY WEBSITE.
    5. VERIZON IS NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES.
    6. VERIZON IS NOT RESPONSIBLE FOR ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM.
    7. VERIZON DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ITS 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 CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH VERIZON WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, VERIZON CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, VERIZON DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
      1. VERIZON DOES NOT WARRANT THAT THE SERVICES WILL BE COMPATIBLE WITH CUSTOMER’S EQUIPMENT OR SOFTWARE.
      2. VERIZON IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY SERVICE PROVIDER.
        VERIZON IS NOT RESPONSIBLE FOR ANY CHARGES INCURRED BY CUSTOMER FROM ANY THIRD-PARTY SERVICE PROVIDER.
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    8. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
    9. THE DISCLAIMERS IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
      1. VERIZON IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO CUSTOMER’S DATA.
      2. VERIZON IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF CUSTOMER’S DATA.
      3. VERIZON IS NOT RESPONSIBLE FOR ANY CORRUPTION, DELETION, DESTRUCTION, OR LOSS OF CUSTOMER’S DATA.
  5. Limitation of Liability.
    1. IN NO EVENT WILL VERIZON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. VERIZON’S TOTAL LIABILITY TO CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO VERIZON FOR THE SERVICES DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
      1. THE LIMITATIONS IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
        SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
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    3. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION AND IN THE OTHER PROVISIONS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH VERIZON WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. VERIZON’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN.
      THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
    4. VERIZON IS NOT LIABLE FOR ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT.
    5. VERIZON IS NOT LIABLE FOR ANY DAMAGES CAUSED BY CUSTOMER’S FAILURE TO COMPLY WITH THIS AGREEMENT.
    6. VERIZON IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY.
  6. Indemnification.
    1. Customer will indemnify, defend, and hold harmless Verizon, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
    2. Customer’s use of the Services;
    3. Customer’s breach of this Agreement;
      1. Customer’s violation of any law or the rights of any third party;
      2. any claim that Customer’s data infringes the intellectual property rights of any third party; or
      3. any claim that Customer’s use of the Services has caused damage to a third party.
    4. Verizon will provide Customer with prompt written notice of any claim and will cooperate with Customer in the defense of the claim.
    5. Customer will have sole control of the defense and settlement of the claim, but Customer may not settle any claim without Verizon’s prior written consent, which will not be unreasonably withheld.
    6. Verizon may participate in the defense of the claim at its own expense.
  7. General.
    1. This Agreement is the entire agreement between the parties and supersedes all prior agreements, whether written or oral.
      1. This Agreement may be amended only by a written agreement signed by both parties.
    2. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
      1. The failure of either party to enforce any provision of this Agreement will not be construed as a waiver of that provision.
      2. No waiver of any provision of this Agreement will be effective unless in writing and signed by the waiving party.
    3. The headings in this Agreement are for convenience only and will not affect the interpretation of this Agreement.
    4. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
  8. Force Majeure.
    1. Neither party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that party’s reasonable control and not caused by that party’s fault or negligence, including, but not limited to, “acts of God,” acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Verizon employees), or computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility.
    2. If a force majeure event occurs, the non-performing party will be excused from any further performance of its obligations affected by the force majeure event for as long as the event continues and the party continues to use commercially reasonable efforts to recommence performance.
      The party experiencing the force majeure event will provide the other party with prompt written notice of the event and its expected duration.
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  9. Miscellaneous.
    1. The relationship between the parties is that of independent contractors. Nothing in this Agreement will be construed to create a partnership, joint venture, or agency relationship between the parties.
    2. This Agreement is for the benefit of, and will be binding upon, the parties and their respective successors and permitted assigns.
    3. There are no third-party beneficiaries to this Agreement.
    4. The language of this Agreement is English. Any translation of this Agreement is for convenience only, and the English language version will govern.
    5. This Agreement will be construed as if drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
    6. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Agreement.
    7. The terms “include,” “includes,” and “including” are not limiting.
    8. The term “or” is not exclusive.
    9. The term “day” means calendar day.
    10. The term “business day” means any day other than a Saturday, Sunday, or a day on which banking institutions in New York, New York are authorized or required by law to be closed.
      The term “month” means calendar month.

EXHIBIT A

SERVICE DESCRIPTIONS

  1. General.
    • This Exhibit A describes the Services that Verizon will provide to Customer.
      The Services are subject to the terms and conditions of this Agreement.
      Verizon may change the Services from time to time.
  2. Service Offerings.
    1. Verizon offers the following Services:
      1. Voice Services
      2. Data Services
      3. Internet Services
      4. Managed Services
      5. Security Services
      6. Cloud Services
      7. Professional Services
      8. Other Services
    2. The specific Services that Verizon will provide to Customer are set forth in the applicable service order.
    3. The service descriptions for the Services are available on the Verizon website.
    4. The SLAs for the Services, if any, are available on the Verizon website.
    5. The AUP for the Services is available on the Verizon website.
    6. The privacy policy for the Services is available on the Verizon website.
  3. Service Implementation.
    1. Verizon will use commercially reasonable efforts to implement the Services in a timely manner.
    2. Customer will provide Verizon with all information and assistance reasonably necessary for Verizon to implement the Services.
      Customer is responsible for all costs and expenses associated with the implementation of the Services, including, but not limited to, any costs and expenses incurred by Verizon in connection with the implementation of the Services.
      Customer is responsible for all costs and expenses associated with the termination of any existing services that are being replaced by the Services.

SERVICE LEVEL AGREEMENTS

This Exhibit B describes the SLAs for the Services.
The SLAs are subject to the terms and conditions of this Agreement.

  1. Service Level Credits.
    If Verizon fails to meet an SLA, Customer may be eligible for a service level credit.
    • 1st Tier Service level credits are calculated as a percentage of the monthly recurring charges for the affected Service.
      The maximum service level credit for any month is 100% of the monthly recurring charges for the affected Service.
      • Service level credits are Customer’s sole and exclusive remedy for Verizon’s failure to meet an SLA.
      • Service level credits will not be issued if Verizon’s failure to meet an SLA is caused by a force majeure event.
      • Service level credits will not be issued if Verizon’s failure to meet an SLA is caused by Customer’s failure to comply with this Agreement.
    • 2nd TierTo receive a service level credit, Customer must submit a claim to Verizon within 30 days of the end of the month in which the SLA was not met.
      • The claim must include the following information:
        The date and time of the service outage;
        The duration of the service outage;
        • The affected Service;
        • The affected location;
        • The ticket number;
        • A description of the service outage; and
        • Any other information reasonably requested by Verizon.
      • Verizon will review the claim and notify Customer of its determination within 30 days of receipt of the claim.
        • If Verizon determines that Customer is eligible for a service level credit, Verizon will issue the credit to Customer’s account.
        • If Verizon determines that Customer is not eligible for a service level credit, Verizon will provide Customer with a written explanation of its determination.
        • If Customer disputes Verizon’s determination, Customer may submit the dispute to the dispute resolution process set forth in this Agreement.
        • If Customer does not submit a claim within 30 days of the end of the month in which the SLA was not met, Customer will be deemed to have waived its right to a service level credit for that month.
        • If Customer does not dispute Verizon’s determination within 30 days of receipt of the determination, Customer will be deemed to have accepted the determination.
        • If Customer submits a claim that is fraudulent or in bad faith, Verizon may terminate this Agreement immediately.
        • If Customer submits a claim that is fraudulent or in bad faith, Customer will be liable for all costs and expenses incurred by Verizon in connection with the claim, including, but not limited to, reasonable attorneys’ fees.
        • If Customer submits a claim that is fraudulent or in bad faith, Customer will not be eligible for any service level credits for the remainder of the Service Term.
        • If Customer submits a claim that is fraudulent or in bad faith, Verizon may pursue any and all other remedies available to it at law or in equity.
        • If Customer submits a claim that is fraudulent or in bad faith, Verizon may report the matter to the appropriate law enforcement authorities.
        • If Customer submits a claim that is fraudulent or in bad faith, Verizon may seek to recover from Customer any and all damages that Verizon has incurred as a result of the fraudulent or bad faith claim.
        • If Customer submits a claim that is fraudulent or in bad faith, Verizon may seek to recover from Customer any and all service level credits that have been issued to Customer as a result of the fraudulent or bad faith claim.
        • If Customer submits a claim that is fraudulent or in bad faith, Verizon may seek to recover from Customer any and all costs and expenses incurred by Verizon in connection with the recovery of any and all damages and service level credits.
    • 3rd TierThe SLAs for the Services are set forth in the following tables:
      • Voice Services
      • Data Services
      • Internet Services
      • Managed Services
      • Security Services
      • Cloud Services
      • Professional Services
      • Other Services
      • The SLAs for the Voice Services are set forth in the following table:
      • The SLAs for the Data Services are set forth in the following table:
      • The SLAs for the Internet Services are set forth in the following table:
      • The SLAs for the Managed Services are set forth in the following table:
      • The SLAs for the Security Services are set forth in the following table:
        • The SLAs for the Cloud Services are set forth in the following table:
        • The SLAs for the Professional Services are set forth in the following table:
        • The SLAs for the Other Services are set forth in the following table:
        • The SLAs for the Voice Services are available on the Verizon website.
        • The SLAs for the Data Services are available on the Verizon website.
        • The SLAs for the Internet Services are available on the Verizon website.
      • The SLAs for the Managed Services are available on the Verizon website.
        • The SLAs for the Security Services are available on the Verizon website.
        • The SLAs for the Cloud Services are available on the Verizon website.
        • The SLAs for the Professional Services are available on the Verizon website.
  2. Exclusions.
    • The SLAs do not apply to any failure or deficiency of the Services caused by or associated with:
    • Circumstances beyond Verizon’s reasonable control, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Verizon employees), or computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility;
    • Customer’s acts or omissions (or acts or omissions of others engaged or authorized by Customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of the Services in breach of this Agreement or Verizon’s AUP;
  3. Measurement.
    1. Verizon will use its commercially reasonable efforts to measure the performance of the Services against the SLAs.
    2. Verizon’s measurements will be the sole and exclusive basis for determining whether Verizon has met the SLAs.
    3. Customer may request a report of Verizon’s measurements at any time.
    4. Verizon will provide the report to Customer within 30 days of receipt of the request.
    5. If Customer disputes Verizon’s measurements, Customer may submit the dispute to the dispute resolution process set forth in this Agreement.
    6. If Customer does not dispute Verizon’s measurements within 30 days of receipt of the report, Customer will be deemed to have accepted the measurements.
    7. If Customer submits a dispute that is fraudulent or in bad faith, Verizon may terminate this Agreement immediately.
ServiceSLA
Voice Services99.99% Availability
Data Services99.99% Availability
99.9% Latency

The SLAs for the Internet Services are set forth in the following table:

ServiceSLA
(Monthly)
Internet Services99.9% Availability
Managed Services99.9% Availability
Security Services99.9% Availability
  1. Chronic Outage.
    1. If a Service experiences a chronic outage, Customer may terminate the affected Service without liability.
      1. A chronic outage is defined as a service outage that occurs three or more times in a 30-day period.
      2. To terminate a Service for a chronic outage, Customer must provide Verizon with written notice of termination within 30 days of the third service outage.
      3. The termination will be effective 30 days after receipt of the notice.
      4. Customer will not be responsible for any early termination fees associated with the termination of the affected Service.
      5. Customer’s right to terminate a Service for a chronic outage is Customer’s sole and exclusive remedy for a chronic outage.

ACCEPTABLE USE POLICY

  1. General.
    1. This Exhibit C describes Verizon’s AUP.
      1. The AUP is subject to the terms and conditions of this Agreement.
      2. Verizon may change the AUP from time to time.
      3. Changes to the AUP are effective upon posting to the Verizon website.
    2. Customer’s use of the Services is subject to the AUP.
    3. A violation of the AUP is a breach of this Agreement.
    4. Verizon may suspend or terminate the Services for a violation of the AUP. Verizon may also take any other action it deems appropriate, including, but not limited to, reporting the violation to the appropriate law enforcement authorities.
    5. Customer is responsible for all use of the Services, including use by third parties, and for all violations of the AUP, whether or not authorized by Customer.
      1. Customer is responsible for securing its communications and network and for any misuse of the Services that occurs through Customer’s account, whether fraudulent or not.
      2. Customer must take immediate action to prevent unauthorized use of the Services and notify Verizon of any security breach.
      3. Customer may not resell the Services to third parties, except as a component of a value-added offering.
      4. Customer will ensure that its users comply with the AUP.
      5. A breach of the AUP by a Customer’s user is a breach by Customer.
  2. Prohibited Uses.
    1. Customer may not use the Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, but not limited to:Accessing or using any system or network without permission, including attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;).
    2. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
    3. Interfering with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;
    4. Using an Internet account or computer without the owner’s authorization;
  3. Enforcement.
    • Verizon reserves the right, but does not assume the obligation, to investigate any violation of this AUP or misuse of the Services.
      Verizon may:

PRIVACY POLICY

This Exhibit D describes Verizon’s privacy policy.

The privacy policy is subject to the terms and conditions of this Agreement.