HomeMy WebLinkAboutA T & T Multi-Service AgreementAT&T Multi -Service Agreement
Contract Id: 8433438
AT&T MA Reference No. MA1695449UA
Customer
AT&T
City of Sebastian
AT&T Corp.
Street Address: 1201 MAIN ST
City: SEBASTIAN State/Province : FL
Zip Code: 32958 Country: United States
Customer Contact for notices
AT&T Contact for notices
Name: Ken Killgore
Street Address: 1101 GREENWOOD BLVD
Title: Other
City: LAKE MARY State/Province: FL
Street Address: 1225 Main Street
Zip Code: 32746 Country: United States
City: Sebastian State/Province: FL
Zip Code: 32958 Country: United States
With a copy to:
Telephone: 7725895330
AT&T Corp.
Fax:
One AT&T Way
Email: nnoyer@cityofsebasfian.org
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mast att.com
This Multi -Service Agreement between the customer named above ("Customer') and AT&T Corp. ("AT&T") (each a "Party") is effective when signed by
both Partes "Effective Date"),
This AT&T Multi -Service Agreement consists of the attached provisions, and the AT&T Business Services Agreement, including definitions, located at
hdp://www.business.att.com/agreement ("BSA7 (collectively the attached provisions and BSA constitute the "MSA"). In order for Customer to purchase
AT&T Services, the Parties must execute an applicable pricing schedule, referencing this MSA, reflecting the Services, the pricing and the pricing schedule
term ("Pricing Schedule"). Collectively the MSA, Pricing Schedule and applicable Service Publications constitute the "Agreement" for those Services. A
"Service Publication" includes Tariffs, Guidebooks, and Service Guides located at htto://serviceguidenew.att.com which reflect the product descriptions,
rates, terms and conditions applicable to a particular Service. Services are further subject to the AT&T Acceptable Use Policy located at www.att.comlauo
("AUP"). Service Publications and the ALP may be amended by AT&T from time to time without notice to Customer. The order of priority of the documents
that form the Agreement is: the applicable Pricing Schedule or order; the MSA; the AUP; and then Service Publications; provided, however, if applicable laws
or regulations of a jurisdiction prohibits contractual modification of Tariff terms, the Tariff will prevail. In the event of a conflict within the MSA between the
attached provisions and the BSA, the attached provisions take precedence. For purposes of this MSA the arbitration provisions of the BSA are replaced
entirely with and superseded by the following:
ARBITRATION: ALL CLAIMS AND DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED
BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE
FEDERAL ARBITRATION ACT). ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A COURT HAVING
JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS AGREEMENT OR IN
EXCESS OF THE LIABILITY LIMITATIONS IN THIS AGREEMENT, SHALL NOT HAVE THE AUTHORITY TO ORDER PRE -HEARING DEPOSITIONS OR
DOCUMENT DISCOVERY, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT THE HEARING. THE
PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF THE PARTIES
CANNOT WAIVE THESE RIGHTS, THIS ENTIRE PARAGRAPH IS VOID.
AGREED: Customer
AGREED:AT&T
By: eSigned - Randy Moyer By: eSigned - AT&T Accepted
(by its authorized representative) (by its authorized representative)
(Typed or Printed Name)
(Typed or Printed Name)
Procurement / Contract Mqr
(Title) (Title)
07 Jun 2017 07 Jun 2017
(Date) (Date)
AT&T and Customer Confidential Information
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AT&T Multi -Service Agreement
Services: "Service" or "Services" means all products and services (including
wireless, if applicable) AT&T provides Customer pursuant to this Agreement.
Execution by Affiliates: An AT&T Affiliate or Customer Affiliate may sign a
Pricing Schedule in its own name. Such Affiliate contract will be a separate
but associated contract incorporating the terms of this Agreement. Customer
and AT&T will cause their respective Affiliates to comply with such separate,
associated contract(s). An "Affiliate" of a party is any enfily, that controls, is
controlled by or is under common control with such party.
License and Other Terms: Software, Purchased Equipment and Third -
Party Services (a service provided directly to Customer by a third party
under a separate agreement between Customer and the third party) may be
provided subject to the terms of a separate license or other agreement
between Customer and either the licensor, the third -party service provider or
the manufacturer. Customer's execution of the Pricing Schedule or
placement of an Order for Software, Purchased Equipment or Third -Party
Services is Customers agreement to comply with such separate agreement.
Unless a Service Publication specifies otherwise, AT&T's sole responsibility
with respect to Third -Party Services is to place Customers orders for Third -
Party Services, except that AT&T may invoice and collect payment from
Customer for the Third -Party Services.
Pricing and Pricing Schedule Term; Terms Applicable After End of
Pricing Schedule Term: Prices listed in a Pricing Schedule are stabilized
until the end of the Pricing Schedule term, including applicable extensions,
("Pricing Schedule Tenn") and apply in lieu of corresponding prices in the
applicable Service Publication. No promotions, credits, discounts or waivers
set forth in a Service Publication apply. At the end of the Pricing Schedule
Tenn, Customer may continue Service (subject to any applicable notice or
other requirements in a Service Publication for Customer to terminate a
Service Component) on a month-to-month basis at the prices, terms and
conditions in effect on the last day of the Pricing Schedule Term. AT&T may
change such prices, terms or conditions on 30 days' prior notice to
Customer.
MARC: Minimum Annual Revenue Commitment ("MARC") is an annual
revenue commitment set forth in a Pricing Schedule that Customer agrees to
satisfy during each 12 -month period of the Pricing Schedule Term. If
Customer fails to satisfy the MARC for any such period, Customer agrees to
pay a shortfall charge equal to the difference between the MARC and the
total of the applicable MARC -Eligible Charges, as defined in the applicable
Pricing Schedule, incurred during such period, and AT&T may withhold
contractual credits until Customer pays the shortfall charge.
Termination and Termination Charges: Either party may terminate for
material breach upon thirty (30) days' prior written notice to the other party.
If a Service or Service Component is terminated by Customer for
convenience or by AT&T for cause prior to Cutover, Customer (i) agrees to
pay any pre -Cutover termination or cancellation charges set out in a Pricing
Schedule or Service Publication, or (ii) in the absence of such specified
charges, agrees to reimburse AT&T for time and materials incurred prior to
the effective date of termination, plus any third -party charges resulting from
the termination. If a Service or Service Component is terminated by
Customer for convenience or by AT&T for cause after Cutover, Customer
agrees to pay applicable termination charges as follows: (1) 50% of any
unpaid recurring charges for the terminated Service or Service Component
attributable to the unexpired portion of an applicable Minimum Payment
Period (as defined in applicable Pricing Schedule); (ii) if termination occurs
before the end of an applicable Minimum Retention Period (as defined in
applicable Pricing Schedule), any associated credits or waived or unpaid
non-recurring charges; and (iii) any charges incurred by AT&T from a third -
party (i.e., not an AT&T Affiliate) due to the termination. The charges set
forth in (i) and (ii) do not apply if a terminated Service Component is
replaced with an upgraded Service Component at the same Site, but only if
AT&T and Customer Confidential Information
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Contract Id: 8433438
the Minimum Payment Period or Minimum Retention Period, as applicable,
(the "Minimum Period") and associated charge for the replacement Service
Component are equal to or greater than the corresponding Minimum Period
and associated charge for the terminated Service Component, respectively,
and if the upgrade is not restricted in the applicable Service Publication. In
addition, if Customer terminates a Pricing Schedule that has a MARC,
Customer agrees to pay an amount equal to 50% of the unsatisfied MARC
for the balance of the Pricing Schedule Term.
Billing and Disputes: If Customer does not dispute a charge in writing
within 6 months after the invoice date, Customer waives the right to dispute.
AT&T must issue a bill within six (6) months after charges are incurred
(other than for automated or live operated assisted calls) or it waives the
charges.
At Customer's request, but subject to AT&T's consent (which may not be
unreasonably withheld or withdrawn), Customers Affiliates may be invoiced
separately, and AT&T will accept payment from such Affiliates. Customer
will be responsible for payment if Customers Affiliates do not pay charges
in accordance with this Agreement.
Purchased Equipment: Except as specified in a Service Publication or
Pricing Schedule, title to and risk of loss of equipment AT&T sells Customer
("Purchased Equipment") pass to Customer on delivery to the transport
carrier for shipment to Customers designated location. AT&T retains a
purchase money security interest in all Purchased Equipment until Customer
pays for it in full; Customer appoints AT&T as Customers agent to sign and
file a financing statement to perfect AT&T's security interest. All Purchased
Equipment is provided on an "AS IS" basis, except that AT&T passes
through to Customer any warranties available from its suppliers, to the
extent that AT&T is permitted to do so under its contracts with those
suppliers.
Pnvacv: Each party is responsible for complying with the privacy laws
applicable to its business. AT&T shall require its personnel, agents and
contractors around the world who process Customer personal data to
protect such information in accordance with the data protection laws and
regulations applicable to AT&T's business. If Customer does not want AT&T
to comprehend Customer data to which it may have access in performing
Services, Customer must encrypt such data to be unintelligible. Customer is
responsible for obtaining consent from and giving notice to its users,
employees and agents regarding Customers and AT&T's collection and use
of the User, employee or agent information in connection with a Service.
Customer agrees to make accessible or provide Customer personal data to
AT&T only if it has legal authority to do so.
Trademarks and Publicity: Neither party will display or use the other
party's trade names, logos, trademarks, service marks or other indicia of
origin, or issue public statements about this agreement or the Services,
without the other party's prior written consent.
Goveminq Law. Unless a regulatory agency with jurisdiction over the
applicable Service applies a different law, this Agreement is governed by the
law of the State of New York, without regard to its conflict of law principles.
The United Nations Convention on Contracts for International Sale of Goods
will not apply.
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PLEASE READ THIS IMPORTANT MESSAGE
AT&T BUSINESS SERVICES AGREEMENT
This AT&T Business Services Agreement ("Agreement") applies to the AT&T Services to which You
subscribe, except for Services provided under (a) a Tariff; or (b) another agreement between You
and AT&T (unless that other agreement references this Agreement). The Effective Date of this
Agreement for any Individual Service is the later of: (a) the date on which the withdrawal of a Tariff
governing the Service becomes effective; or (b) the date on which You subscribe to or use the
Service. When You apply for, subscribe to, or use the Service after the Effective Date, You are
accepting the terms of this Agreement. If You do not agree with the terms of this Agreement, You
must notify AT&T prior to the Effective Date to disconnect the Service. To disconnect the Service,
You must contact AT&T by calling the number on Your billing statement or by using any other
method designated by AT&T. You will be responsible for all applicable charges incurred prior to
termination. AT&T TARIFFS, GUIDEBOOKS and SERVICE GUIDES, (COLLECTIVELY, THE "SERVICE
PUBLICATIONS") AS MODIFIED FROM TIME -TO -TIME, ARE INCORPORATED BY REFERENCE HEREIN TO
THE EXTENT EACH IS APPLICABLE TO THE SERVICE(S) PROVIDED UNDER THIS AGREEMENT, AS IF
THOSE DOCUMENTS ARE SET FORTH ORIGINALLY HERE. You agree that It Is impractical for AT&T to
provide here all of the terms and conditions, including rates and charges, that are set forth under
those documents and that AT&T has acted reasonably In providing access to the Tariffs, Guidebooks
and Service Guides as described in Section 1. THIS CONTRACT CONTAINS AN ARBITRATION
PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
1. DEFINITIONS
Terms not otherwise defined in this Agreement have the following meanings:
a. "Agreement" means the terms and conditions set forth herein and in all incorporated documents
b. "API" means an Application Program Interface used to make a resources request from a remote
implementer program. An API may include coding, specifications for routines, data structures, object
classes, and protocols used to communicate between programs.
c. "AT&T," "the Company," "we ... 'our" and "us" means the affiliates and subsidiaries of AT&T Inc. that
provide or may provide Services to You under this Agreement. In the Tariffs, Guidebooks and Service
Guides, AT&T may be referred to as "the Telephone Company,' or "the Company."
d. "Acceptable Use Policy" or "AUP" means AT&T's policy that applies in accordance with Its terms to
any Service or Service capability within its scope, as may be modified by AT&T from time -to -time,
Including, by way of example only, Services provided over or accessing the Internet or certain
wireless data networks. The AUP is provided at att.com/aup and is incorporated by reference here
as If originally set forth here.
e. "Guidebooks" are those documents that contain the standard descriptions, pricing, and other
terms and conditions for Services that were, but no longer are, filed with regulatory commissions.
You can find AT&T's Guidebooks at www.att.com/servlcepublications. (In some jurisdictions, the
Guidebooks may be called "Catalogs" or "Service Descriptions," 'Price Lists" or "Terms of Service.") If
You do not have access to the Internet, You may call an AT&T representative at the number that
appears on Your billing statement for a copy of the Guidebook(s) that apply to Your Service(s). AT&T
reserves the right to modify the Guidebooks from time -to -time by the methods described elsewhere
in this Agreement; You should regularly review the Guidebooks for Your Service(s) to ensure You are
familiar with the current controlling terms and conditions.
f. "Service" or "Services" means the retail business services offered by AT&T pursuant to this
Agreement. Commercial Mobile Radio Services (such as cellular or other wireless services) are not
retail business services under this Agreement. A "Service Component" means an Individual
component of a Service.
g. "Service Guides" are documents that contain the standard description, prices, and other terms
and conditions for Services that are not contained in a Guidebook or a Tariff. You can find AT&T's
Service Guides at www.att.com/servicepublications. If You do not have access to the Internet, You
may call an AT&T representative at the number that appears on Your billing statement for a copy of
the Service Guide(s) that apply to Your Service(s). AT&T reserves the right to modify the Service
Guides from time -to -time by the methods described elsewhere in this Agreement; You should
regularly review the Service Guides for Your Service(s) to ensure You are familiar with the current
controlling terms and conditions.
h. "Software" means software, Including APIs, and all associated written and electronic
documentation and data licensed by AT&T or a Third party to Customer. Software does not Include
software that is not furnished to You.
I. "Tariffs" are documents that contain the standard descriptions, pricing, and other terms and
conditions for Services for which a regulatory commission requires AT&T to file a Tariff. You will find
AT&T's Tariffs at www.att.com/servicepublications.
j. "You" or "Your" means the person or entity subscribing to the Service(s) provided under this
Agreement, and Its employees, directors, agents and representatives.
2. USE OF THE SERVICES
AT&T will provide Services to You, subject to availability and operational limitations of systems,
facilities and equipment. You may not resell the Services to third parties without AT&T's written
consent. You shall cause Users (anyone who uses or accesses any Service provided to You) to
comply with this Agreement, and You are responsible for their use of any Services. You and all Users
shall comply with all applicable state and federal laws and regulations. You are responsible for
ensuring that all of the equipment You and Your Users use with a Service is compatible with the
Services. You and any Users must comply with the AUP. If You desire to secure Your transmissions in
connection with any of the Services, You must procure, at Your own cost, encryption software or
other transmission protection.
3. ACCESS TO PREMISES; HAZARDS
a. Access. On occasion, AT&T may need access to Your premises and/or other premises that are not
under AT&T's control ("non -AT&T locations") to provide the Services. You agree to allow (or obtain
permission for) AT&T to access all non -AT&T locations (other than public property) and equipment
reasonably required to provide the Services. Access Includes the ability to review information and
the right to construct, Install, repair, maintain, replace and remove access lines and network
facilities, and to use ancillary equipment space within any building, necessary for Your connection to
AT&T's network. You will furnish any conduit, holes, wire ways, wiring, plans, equipment, space,
power/utilities, and other items required to perform installation of the Services, and obtain any
necessary licenses, permits and consents (Including easements and rights-of-way).
b. Hazards. You shall ensure that all non -AT&T locations at which AT&T Installs, maintains or
provides the Services is a suitable and safe working environment, free of any substance or material
that poses an unreasonable risk to health, safety or property or whose use, transport, storage,
handling, disposal, or release Is regulated by any law related to pollution, protection of air, water, or
soil, or health and safety. If AT&T encounters any such hazardous materials at a location, AT&T may
terminate the affected Service or any affected Service Component, or suspend performance until
You remove the hazardous materials.
4. EQUIPMENT & SOFTWARE
a. The Services may include use of certain equipment owned, leased or controlled by AT&T that is
located at non -AT&T locations ("AT&T Equipment"). Title to the AT&T Equipment will not pass to You
You must provide electric power for the AT&T Equipment and keep the AT&T Equipment physically
secure and free from liens and encumbrances. You will bear the risk of loss or damage (other than
ordinary wear and tear) to the AT&T Equipment.
b. Software License. Software may be provided subject to the terms of a separate license between
You and the licensor or the manufacturer. Your placement of an order for Software is Your
agreement to comply with such separate agreement. Ali Software is provided "AS IS" without
warranty of any kind.
5. PRICES; CHARGES; BILLING; PAYMENT AND CREDITS; CHANGES TO AGREEMENT
a. Prices and Surcharges. You agree to pay AT&T for the Services at the prices and charges provided
in the applicable Guidebook or Service Guide or Tariff, without deduction, setoff or delay for any
reason. The prices do not include, and You agree to pay, all applicable taxes, regulatory and other
surcharges, recovery fees, shipping charges, and other similar charges specified or allowed by any
governmental entity relating to the sale, use or provision of the Services. Taxes and government
surcharges will be in the amounts that federal, state, and local authorities require or permit AT&T to
bill You. Unless a Service Publication specifies a different date, Your obligation to pay for a Service
begins upon availability of the Service to You ("Cutover"),
b. Price Changes. AT&T reserves the right to, from time -to -time, change the price for a Service upon
the following Notice: (i) the price of a Service may be decreased without further notice to You; (ii)
AT&T will provide Notice to You of a Service price Increase at least 30 days prior to the effective
date of the price increase. If You do not disconnect the affected Service by the effective date of the
price increase, You will be liable for the Increased price. The methods of Notice are described in
Section 5.d. below, and AT&T will select the method of Notice at its discretion or as required by law
or regulation. AT&T may, as required or as it feels necessary, provide Notice of a change in a tax or
surcharge that will affect Your account.
c. Changes Other Than Price. AT&T reserves the right to, from time -to -time, change the terms and
conditions of this Agreement other than a change in price (Including changes to documents
incorporated by reference) upon at least 30 days prior Notice of such a change.
d. Notice. When Notice by AT&T is required, AT&T will provide Notice by one of the following
methods, and AT&T shall solely determine at the time of the Notice which of the methods described
here is appropriate: (i) posting the Notice on the AT&T website at or near the posting location of the
relevant Tariff, Guidebook or Service Guide; or, (li) by bill insert or bill page message; or, (Iii) by letter
or postcard via U.S. Postal Service to Your billing address; or, (iv) via a call to Your billed telephone
number; or, (v) via an email to the email address You have provided. AT&T may determine that it Is
appropriate under certain circumstances to provide Notice of a particular change via more than one
of these methods, however, such multiple Notice is not required at any time. Your continued
subscription to, usage of, or payment for the Service after the effective date of any change for
which You have received Notice will be deemed Your acceptance of the change(s). You must
contact AT&T at the number shown on Your monthly bitting statement prior to the effective date of
the modification to discontinue the affected Service if You do not agree with the changes described
in the Notice.
YOU AGREE THAT NOTICE BY AT&T BY ANY OF THE ABOVE METHODS IS SUFFICIENT.
e. Billing. AT&T will determine the billing period and may change it from time -to -time and without
Notice to You. CHARGES BEGIN TO ACCRUE AT THE START OF EACH BILLING PERIOD AND
CONTINUE THROUGH THE FULL BILLING PERIOD. Monthly recurring charges will be billed in
advance, and You will be billed pro -rata if the Service is Installed or changed during the billing
period. Usage based charges, such as those billed for calls, will be billed as used. For purposes of
billing, calls will be rounded up to the next full minute for any fraction of minutes. FOR MONTHLY
RECURRING CHARGES, YOUR FIRST BILL WILL INCLUDE CHARGES FOR THE PARTIAL MONTH IN
WHICH CUTOVER OCCURRED AND ALL INSTALLATION CHARGES. Any mathematical error made by
AT&T or any of its representatives does not constitute an offer and thus may be corrected or
modified by AT&T.
f. Payment and Disputes. Payment is due on the date specified on Your bill, or, as specified in the
Tariff, Guidebook or Service Guide, whichever is later, or, If no date Is specified, 30 days after the bill
date. Restrictive endorsements or other statements on checks are void. AT&T may charge a late
payment fee for overdue payments in an amount specified in the applicable Tariff, Guidebook or
Service Guide, or, If no such rate is specified, at the lower of 1.5% per month (18% per annum) or
the maximum rate allowed by law. AT&T has the right to also recover all costs (Including attorneys'
fees) for collecting delinquent or dishonored payments.
g. Deposits, Credit Checks and Credit Limits. AT&T may require You to pay a deposit as a condition
of providing Service. AT&T has the right to apply the deposit against any past due amounts at any
time. You authorize AT&T to investigate Your credit and share Information about You with credit
reporting agencies. Based on Your credit worthiness as AT&T determines it, AT&T may set a credit
limit on Your account at any time. If You exceed Your credit limit, AT&T may restrict Your access to a
Service(s).
h. Service Credits. If there Is an Interruption or failure of a Service caused solely by AT&T and not by
You or a third party or for force majeure reasons described under Section 11.g., You may be entitled
to a credit or credits as specified In the applicable Tariff, Guidebook or Service Guide.
6. TERMINATION AND SUSPENSION
a. Insolvency; Material Breach. AT&T may discontinue providing You the Service(s) Immediately upon
notice to You if You become Insolvent, cease operations, are the subject of a bankruptcy petition, or
You have made an assignment for the benefit of creditors. You may terminate an affected Service
for material breach by AT&T, and AT&T may terminate or suspend (and later terminate) an affected
Service for material breach by You, if such breach is not cured within 30 days of notice.
b. By You. You may terminate this Agreement by disconnecting all the Service(s) provided under this
Agreement. To disconnect the Services You must contact AT&T at the number provided on Your bill
and take all reasonable steps required by AT&T to disconnect the Service(s). If You subscribe to
multiple Services that are provided under this Agreement, if You disconnect some but not all of the
Services, this Agreement remains in effect for those Services that are not disconnected. You are
liable for all charges related to a Service until the Service is disconnected by You according to AT&T's
standard practices. You may incur early termination charges pursuant to such provisions in the
applicable Tariff, Guidebook or Service Guide. You may also incur termination charges in the event of
a breach by You, including nonpayment for services.
c. By AT&T. AT&T may terminate or suspend a Service if You: (i) fail to pay any charges when due; (ii)
commit a fraud upon AT&T; (Ili) utilize the Services to commit a fraud upon another party; (iv)
unlawfully use the Services; (v) abuse or misuse AT&T's network or Services; or, (vi) Interfere with
another customer's use of AT&T's network or services. If You fall to rectify a violation of the AUP
within 5 days after receiving notice from AT&T, then AT&T may suspend or terminate the affected
Service.
d. Withdrawal of Service. AT&T reserves the right to withdraw a Service upon reasonable Notice
e. Liable for Payment. If any Service is terminated or disconnected for any reason, You are
responsible for all charges and fees through the date of disconnect. If any Service is disconnected
prior to the rendering by AT&T of a billing statement, You may be liable for reimbursement to AT&T
for time and materials, and any third party charges that were Incurred by AT&T prior to the effective
date of disconnect,
f. Reinstatement. If You ask AT&T to reinstate a Service following a disconnection, cancellation or
termination, AT&T may, in its sole discretion, require You to pay a deposit or other applicable
charges, Including installation charges In addition to all outstanding charges for the Service.
7. DISCLAIMERS OF WARRANTIES AND LIABILITY
a. Disclaimer of Warranties. AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON -
INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER,
AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE
CORRECTLY ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO
911). FURTHERMORE, AT&T MAKES NO WARRANTY REGARDING: (1) NETWORK SECURITY; (ii) THE
ENCRYPTION EMPLOYED BY ANY SERVICE; (Ili) THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED
UP, STORED OR LOAD BALANCED; (iv) THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE
LOSS OR ALTERATION OF OR IMPROPER ACCESS TO YOUR DATA; OR; (v) THAT SERVICES WILL BE
UNINTERRUPTED OR ERROR -FREE. AT&T IS NOT LIABLE FOR ANY DAMAGES RELATING TO: (i)
INTEROPERABILITY; (11) ACCESS TO OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS,
EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY YOU OR OTHERS; (Iii) SERVICE
DEFECTS; (iv) SERVICE LEVELS, DELAYS OR INTERRUPTIONS UNLESS SPECIFICALLY PROVIDED
OTHERWISE IN THIS AGREEMENT; (v) ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING
CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); (vi) LOST OR ALTERED TRANSMISSIONS;
(vii) UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF YOUR OR
OTHERS' APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS.
b. Limitation of Liability:
AT&T'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF THIS
AGREEMENT AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPLICABLE
CREDITS SPECIFIED IN THE SERVICE PUBLICATION OR, IF NO CREDITS ARE SPECIFIED, AN AMOUNT
EQUAL TO THE TOTAL NET CHARGES TO YOU FOR SERVICE TO WHICH THE CLAIMED DAMAGES
RELATE DURING THE PERIOD IN WHICH SUCH CLAIMED DAMAGES OCCUR AND CONTINUE. IN NO
EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. THIS LIMITATION WILL NOT APPLY TO BODILY
INJURY, DEATH OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S GROSS
NEGLIGENCE OR INTENTIONAL MISCONDUCT.
c. Consequential Damages. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY
CIRCUMSTANCE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL
DAMAGES.
d. Survival and Applicability. These disclaimers and limitations of liability will apply regardless of the
form of action, whether in contract, tort, strict liability or otherwise and whether damages were
foreseeable. These disclaimers and limitations of liability will survive failure of any exclusive
remedies provided in this Agreement.
8. Arbitration
AT&T and You ("We") agree to resolve all disputes between us through binding arbitration
administered by the American Arbitration Association ('AAA") under its Commercial Arbitration Rules,
as modified by this provision.
This agreement to arbitrate Is broad, and includes disputes of any type between AT&T (including Its
subsidiaries, affiliates, agents, predecessors, successors, and assigns) and You (including authorized
or unauthorized users/beneficiaries of services or devices) under this or prior agreements. WE
AGREE THAT WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A
CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE
INDIVIDUALIZED RELIEF TO, AND AFFECTING ONLY, AT&T OR YOU ALONE. WE AGREE NOT
TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR
REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF
THE GENERAL PUBLIC. Except for matters relating to arbitrability or to the scope and
enforceability of the arbitration provision or the interpretation of the limitations on class,
representative, private attorney general, and non -Individualized relief, all issues are for the arbitrator
to decide.
A party seeking arbitration must first send to the other, by certified mail, a written Notice of Dispute
("Notice"), Notice to AT&T must be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park
Blvd., Atlanta, GA 30319 ("Notice Address'). The Notice must (a) describe the basis of the claim or
dispute; (b) describe the specific relief sought ("Demand"); and (c) provide Your AT&T account
number. If We do not resolve the claim within 30 days after receipt of the Notice, either of Us may
commence an arbitration. The amount of any settlement offer made by AT&T or You shall not be
disclosed to the arbitrator until after the arbitrator determines the amount of any award on the
merits.
Unless We agree otherwise, any arbitration hearings will take place in the county of Your billing
address. AT&T will pay all AAA filing, administration, and arbitrator fees for a claim brought by AT&T
or for a claim or Demand valued at up to $25,000 brought by You. If the arbitrator finds that Your
claim or Demand Is frivolous or is brought for an improper purpose (as measured by the standards in
Federal Rule of Civil Procedure 11(b)), then the payment of fees will be governed by the AAA rules
and You agree to reimburse AT&T for fees already paid by AT&T that are Your obligation under the
AAA rules.
If You complied with the notice procedures above; the value of Your claim or Demand is $25,000 or
less; and the arbitrator awards You an amount greater than the value of AT&T's last written
settlement offer made before an arbitrator was selected (or any amount if AT&T made no offer),
AT&T will:
Pay You the award or $10,000, whichever Is greater ("Alternative Payment"); and
Pay Your attorney, if any, the amount of attorneys' fees and expenses (including expert
witness fees and costs) that Your attorney reasonably accrues for investigating,
preparing and pursuing Your claim in arbitration ("Attorney Award").
The arbitrator may rule on the payment of fees, expenses, and the Alternative Payment and Attorney
Award during the proceeding and within 14 days after his/her final ruling on the merits. In
assessing whether the award is greater than the value of AT&T's last written settlement offer, the
arbitrator may consider only those attorneys' fees or expenses that You incurred through the date of
Your Notice and which had been awarded to You. You may also recover attorneys' fees and
expenses under applicable law, but You may not recover duplicative awards of attorneys' fees or
expenses.
This Agreement evidences a transaction in Interstate commerce, and the Federal Arbitration Act
governs. This arbitration provision survives termination of this Agreement. As the exclusive
alternative to arbitration, AT&T or You may commence an individual action in Small Claims Court. If a
court rejects enforcement of any of the limitations on class, representative, private attorney general,
or non -Individualized relief as to a particular claim for relief, then that claim (and only that claim)
must be severed from the arbitration and may be brought in court. Notwithstanding any provision in
this Agreement to the contrary, We agree that if AT&T makes any future change to this arbitration
provision (except a change to the Notice Address) during Your Service Commitment, You may reject
any such change by sending AT&T written notice within 30 days of the change to the Notice
Address. By rejecting any future change, You agree to arbitrate any dispute in accordance with the
Language of this provision.
If You are located in Puerto Rico, in addition to pursuing arbitration in accordance with this provision,
You may notify the Telecommunications Regulatory Board of Puerto Rico of Your grievance. Mail
500 Ave. Roberto H. Tood (Parada 18), San Juan, Puerto Rico 00907-3941; Phone: 1-787-756-0804
or 1-866-578-5500; Online: jrtpcgoblerno.pr.
9. THIRD PARTY CLAIMS
a. By AT&T. AT&T agrees at its expense to defend or settle any claim against You and to pay all
compensatory damages finally awarded against You where the claim alleges that a Service infringes
any patent, trademark, copyright, or trade secret, except where the claim arises out of: (i) Your or a
User's content; (II) modifications to the Service by You or third parties, or combinations of the
Service with any services or products not provided by AT&T; (iii) AT&T's adherence to Your written
requirements; or (iv) use of the Service in violation of this Agreement. AT&T may at its option either
procure the right for You to continue using, or may replace or modify, the alleged Infringing Service
so that the Service becomes non -Infringing, or failing that, to terminate the Service without further
Liability to You.
b. By You. You agree at Your expense to defend or settle any claim against AT&T, its affiliates, and
its and their employees, directors, subcontractors, and suppliers, and to pay all compensatory
damages finally awarded against such parties where: (i) the claim alleges that a Service infringes
any patent, trademark, copyright or trade secret, and falls within the exceptions under Section 9.a (1)
- (iv) above; or (ii) the claim alleges a breach by You or any User of a Software license agreement.
c. AT&T's obligations under Section 9.a. shall not extend to actual or alleged infringement or
misappropriation of Intellectual property based in whole or in part on Software.
10. IMPORT/EXPORT CONTROL
You, not AT&T, are responsible for complying with import and export control laws, conventions and
regulations for all equipment, software, or technical information You move or transmit between
countries using the Services.
11. GENERAL PROVISIONS
a. Confidentiality and Privacy. Each party is responsible for complying with the privacy laws to which
it is subject and will not disclose any confidential information pertaining to the other unless
required to do so under applicable law or regulation. Until directed otherwise by You in writing, if
AT&T designates a dedicated account representative as Your primary contact with AT&T, You
authorize that representative to discuss and disclose Your customer proprietary network
information to any employee or agent of Yours without a need for further authentication or
authorization.
b. Independent Contractor Relationship. Each party is an Independent contractor. Neither party
controls the other, and neither party nor its Affiliates, employees, agents or contractors are
Affiliates, employees, agents or contractors of the other party.
c. Assignment. This Agreement may not be assigned by either party without the prior written
consent of the other party, which consent will not be unreasonably withheld or delayed. AT&T may
(1) assign in whole or relevant part Its rights and obligations under this Agreement to an affiliate, or
(II) subcontract work to be performed under this Agreement, but AT&T will in each such case remain
financially responsible for the performance of such obligations.
d. Limitations. Any claim or dispute arising out of this Agreement must be filed within 2 years after
the cause of action arises and the parties waive any statute of limitations to the contrary.
e. Third Party Rights. This Agreement does not provide any third party (including Users) any remedy,
claim, liability, cause of action or other right or privilege.
f. Governing Law. The Law of the State of the billing address of Your Service shalt govern this
Agreement except to the extent that such taw is preempted by or Inconsistent with applicable
Federal Law. This Agreement is limited to Services provided in the United States.
g. Force Majeure. The Company shall not be liable for any Loss or damage, delay, or failure in
performance of any of the services or facilities furnished by the Company from causes beyond the
Company's control, such as fire; flood; lightning; earthquakes; power failures or blackouts; severe
weather; explosions; wars or armed conflicts; national, state or local emergencies; civil disobedience;
shortage of labor or materials; labor disputes, strikes, or other concerted acts of workers (whether
of the Company or others); embargoes; acts of God; acts of terrorism, or acts of vandalism or acts
otherwise known as "Force Majeure:'.
h. Entire Agreement. This Agreement (which may include any other signed (Including e -signed)
agreement with AT&T that incorporates this Agreement by reference) constitutes the entire
agreement between AT&T and You concerning the Services and supersedes all other written or oral
agreements. This Agreement may only be modified as set forth above, and in no case can be
modified or supplemented by any other written or oral statements, proposals, service descriptions
or purchase order forms.
I. Severability. If any part of this Agreement is found to be invalid or unenforceable, the rest of the
Agreement remains enforceable. The foregoing does not apply to the prohibition against class or
representative actions that is part of the Arbitration provisions above; if that prohibition is found to
be unenforceable, the Arbitration clause (but only the Arbitration clause) shall be null and void.
j. Priority of Terms of Signed Agreements. If You have another signed (Including e -signed)
agreement with AT&T that Incorporates this Agreement by reference, the terms of that signed
agreement shall have priority over the terms in this document, without regard to the fact that this
document has been Incorporated Into an attachment to that agreement.
k. Priority of This Agreement and Incorporated Documents. Subject to Section 11J. above, in the
event of a conflict between the terms and conditions of this Agreement, the terms and conditions of
a Guidebook, the terms and conditions of an applicable Service Guide or the terms and conditions
of a Tariff, the following order of priority (descending) will be applied to determine which terms and
conditions control: Tariff; Guidebook; Service Guide; and then this Agreement.
BSA PB 09.01.2015
AT&T Business Service Guide
we To comem 1 Gu To Lmmy 1 Sup To Manu
aw
HOT.
AT&T Business Service Guide
Service Guide Library
General Provisions
Service Guide Home
Grandfathered Services
Welcomel AT&T Business Service Guides provide service descriptions, service level
Price Change Information
agreements, pricing, country -specific provisions and general Information for AT&T business
services. Refer to NIS site for access to AT&T'S business often, price changes and service
Latest Revisions
upgrades.
Tools
Het,
To view a particular ServlCe Guide, click on 'Service Guide Library' In the Left Navigation
Bar and then select the desired Service Guide. service Guides may be reviewed, printed,
saved to PC or emailed as attachment.
• The Service Guide will open within the Service Guide window and display content
In Adobe@ Flash Player. Toolbar Icors enable you to xoom, search, print, save,
cop, or email the service Guide as an attachment.
In addition, enhanced user Tools and Latest Revision options are available:
• NoNOcation. subscribe to receive email alerts about specific service guides or
even settlors of service guides. You can also modify your subscription services at
any time.
• Comparison. Request comparisons of service guides by date.
• latest Revisions. Download a report about the latest revisions to AT&T service
guides over the past 30 days. You may select service guides Mat are most
relevant to your business.
The General Provisions Included In this website apply only to the services covered by a
Service Guide Included In this webslte. The General Provisions on this website only apply to
the extent Mat the Individual service Guide states that the General Provisions apply.
AT&T reserves Me right to change the provisions of this service Guide at any time. This
Service Guide does not constitute an otter W sell. Please contact your customer ServlCe
center or AT&T sales Representative for more Information or W order any of the services
listed In this Service Guide.
The Business Service Agreement applies W Customers who have not executed a separate
Service Agreement with AT&T for a service covers! by a Service Guide Included In this
web9te.
To review a list of the AT&T services Mat have been transitions! to this Service Guide
website, and a description of Me Service Guide transition status, please refer to the Service
Guide Transition Page via the Tools or Help options or the Navigation Bar.
While Me transition of existing Service Guides to this website Is underway, the Service
Guide content for Some of AT&Ts business and government services Is stlll provided at the
Prior service Guide Website.
Page 1 of 1
AIXis- 6 Gn 0. Go I Sall& MSWumeunnea'a 1 Enblpnan
Home I e mo IN I CoIMd Its StaK
Tema of Um Nisr, Policy Pour Clmolo'
To mid Some of the dommentz an this site, you must have the AdobtS keadnrnJ (version 6.0 or higher), Mlommit Excel or she It- mewers for Microsoft ONce pies Installed on your computer.
5, 3017 ATGT lnitllectuel Nnperly. NI home reserved. AMT, M¢ AMT lag, and a0 other ATAT mass mn[aIME herein are nademahz of AThT Intellectual Property AAAr0r AMT alllOated compares.
hosted Oy AT&T.
Tincordla0y and Corot. Iangwog are holstered nedemarts and lrnnactiv, CLO, CLEI, CM, CIL, USOC. RD, NC, NO AND NANO, are trademarks of TdcaNW TMlmlosm, Mo. The Common Language cause
In the Service Guests accessed through this site are Me proprietary Information of Telandut Teammates, Inc. doe Iconsd y (9cane,1w-) and are licensed to AT&T Services, Ina The Common Language codes are
prowdM Nae mlely fer Me purpose of these Service Guides and may not W measured, stored, or used for any Grove purpose without the upress, written consent of loomed,
http://serviceguidenew.att.com/ 6/12/2017
Terms of Service - Legal Policy Center - AT&T
AT&T Acceptable Use Policy
PMl
To be notified of changes to the Acceptable Use Policy, please complete Ute forth available at hUp:lA .corp.atl.canaupisubsO .hni.
Introduction
Page 1 of 3
AT&T is at all times committed to complying with the laws and regulations governing use of the Internet. e-mail transmission and text messaging and preserving for all of Its
Customers the ability to use AT&T's network end ma Internet without interierer¢e or harassment from other users. The AT&T Acceptable Use Policy CAUP) is designed to
help achieve these goals.
By using IP Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for Its aeon. AT&T reserves
the right to change or modify me terms a the AUP at any time, effective when posted on AT&Ta web site at www.att.comfaup. Customers use of the IP Service
(a) after changes to the AUP are pasted shall constitute acceptance of any changed or additional terms.
Scope of the AUP
The AUP applies to the AT&T semces that provide (or in Buda) access to the Internet, including hosting services (software applications and hardware), or are provided over
the Internet or wireless data networks (collectively "IP Services").
Prohibited Activities
General Prohibitions: AT&T prohibits use of the IP Services In any way that is unlawful, harmful to or Interferes with use of AT&T's network Or systems, or the network of
any other povider, intsrfams with Ne use or enjoyment of services received by others, Whinges Intellectual property rights, results in the publication of threatening or
offensive material, or constiMes SpamlE-malMsent abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET,
applications, or other services that are accessed via a link from Ne AT&T-0randed website a from a website Nat contains AT&T -branded content is a violation of Use AUP.
Unlawful Activmea: IP Services shall rat W used In connection with any cominl, civil a administrative violation of any applicable local, slate, previnclo, federal, national
or International law, treaty, court order. ordinance, regulation or administrative rule.
Vloladon of Intellectual Property Rights: IP Services) shell not be used m publish. submithreceive, upload/downoad, post, use, copy or otherwise reproduce, wman il.
re -transmit, distribute or store any contenVmatedal or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy
or publicity, rights of AT&T or any Individual, group Or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade
dress, right of privacy, right d publicity, moral rights or other intellectual property right now known or lata recognized by stable, judicial decision or regulation.
Threatening Material or Content: IF Services shall not be used to host. post. transmit, or re -transmit any content or material (or to create a domain name or operate from
a domain name), That harasses, or threatens the health or safety of others. In addition, for those IF Services that utilize AT&T provided web hosting, AT&T reserves the right
to decline to Provide such services if the content is determined by AT&T to be obscene, indecent, hateful, malicious, racist, defamatory. freudulenl, libelous, treasonous,
excessively violent or promoting the use of violence or otherwiso harnfui to others.
Inappropriate Interaction with Minos: AT&T complies with all applicable laws pertaining to the protection of minors. Including when appropriate, reporting cases of OIId
exploitation to the National Center for Missing and EploUetl Critter. For more Inflammation about online safety, visit www.ncmec erg mwww.adceMsekty.
Child Pornography: IF Services shall not be used to publish, submil/recelve, uploaWdownload, post, use, copy or otherwise produce, transmit, distribute or store child
pornography. Suspected violations of this prohibition may be reported to AT&T at the following e-mail address: cpp@abuse-aU.nl. AT&T will repos any discovered violation
of this prohibition to the National Center for Missing and Exploited Children and take steps to remove Old pornography (m otherwise dock access W Ute content
determined b contain OiW pornography) from its serves.
SponVE-mall/Usenet Abuse: Uclation of the CANSPAM Act a2003, or any other applicable law regulating e-mail s m ces, eonsfitums a violation d Ws AUP.
SpamlE-mail or Usenet abuse is prohibited using IF Services. Examples of SpamlE-mail or Usent abuse include but are not limited to Me following aclivities:
• sending multiple unsolicited electronic mail massages or"mail-bombing" —to one or more recipient;
• sending unsolicited commercial e-mail, m unsolicited electronic messages directed p imanty at the advertising or promotiO of products or services;
•
sending unsolicited etactronic messages with petitions for signatures or requests for charitable donations. or selling any chain mall related materials;
sending bulk elecirof is messages without Identifying, within the message, a reasonable means of opting aur from receiving additional messages from the sander,
sending electranic messages, files or other transmissions that exceed contracted for capacity or that create the Finandal for dismpfion of the AT&T ntwork or of the
networks with which AT&T Interconnects, by virtue of quantity, size or otherwise;
using another Silas mal server to relay mall without tie express permission of Nat site;
using another computer, without authonzalion, to sell multiple e-mail massages or to retransmit ental massages for the purpose of misleading recipianls as to the
origin or to conduct any M the activities prohibited by this AUP;
using IP addresses that the Customer does not have a right to use;
collecting the responses from unsolicited alecbanic messages;
maintaining a site that is adverilsed via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages:
sensing messages mal am harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or
Me Internet (a S. through language, frequency, size or otherwise);
using dishbutlon lists concerning addresses that Include those who have opted out;
sending electronic messages that do not accurately identify the sender, the senders return address, the e-mail address of origin or other information contained in the
subject Inn or header,
falsifying packet header, sender, or user Information whether In whole or in Part to mask the identity of me sender, originator or point of origin;
using redirect links In unsolicited commercial email to advertise a website or service;
https://www.att.com/legal/terms.aup.html 6/12/2017
Terms of Service - Legal Policy Center - AT&T
Page 2 of 3
posting a message to more Nan ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
intercepting, redirecting or otherwise interfering or attempting to Interfere with e-mail intended for third pates;
knowingly deleting any author attributions, legal notices or proprietary designators or labels in a file Met the user mails or sends;
using, distributing, advertising, transmitting, or Otherwise making available any software program, product, or service Mat Is designed to Nolam MIS AUP or the AUP of
any other Intemel Service Provider, including, but not limited to, the fadlitation of Me means to spam.
Security Violations
Customers are responsible for onsuring and maintaining seventy of their systems and the marines that connect to and use IP Service(s), Including implementation of
necessary patches and operating system updates.
IP Services may not he used to Interim with, gain unauthorized access to, or otherwise violate the security Of AT&T's (or another part's) Server, network, network eerie,
personal computer or control dooms, software or data. or other system, or to attempt to do any of the foregoing. Examples Of system or network security violations Induce
but era not limited to:
• unauthorized monitoring, scanning or probing of network or system a any other action aimed at the unauthonzed interception of data or harveal of e-mail
addresses;
hacking, Smacking, gaining access to. bunching, dnmmventing or testing the vulnerability of the user authenticator, or security, of any Wsl, network, server. Personal
computer, network access and control dooms, softwane or data without express authenzaWn of the owner of the system or network;
impersanating others or secreby or deceptively obtaining personal information of third pates (phishing, etc.);
using any program, file, script, command or transmission d any message or contexts of any kiW. designed to interfere with a temunal session, the access to or use of
the Internet or any other means of communication;
diem otang or using tools designetl to compromise security (including but not limited to SNMP tools), Including cracking tools, password guessing programs, packet
sniffers or mWork probing tools (except In the mm of authorized legitimate network security operations);
knowingly uploading or disldouting files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar
software or programs Ilial may damage the operation of anthers computer, network system or other property, or be used to engage In modem or system hijacking;
engaging in the transmission of pirated software:
with respect to dlalup accounts, using any software or device designed to defeat system time-out limits or to allow Customers account to stay logged on while
Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
using manual or automated means to avoid any use limtiatione placed on the IP Swims:
providing guidance, Information a assistance with reaps& to causing damage err security breach to AT&Ts mlwork or systems, a to the network of any other IP
Service provider,
failure to lake reasonable security precautions to help prevent vlolatimts) of this AUP.
Customer Responsibilities
Customers remain solely and fully responsible for the content Of any material Posted, hosted, dowto kledNploaded, created, accessed ortransmitled using the IP Services.
AT&T has no responsibility for any matatlal created on the AT&T's network or accessible using IP Services, Ind W Ing content provided on third -party websites linked to the
AT&T nei vork Such thirdl website links are provided as Informal navigation tools for Informations! purposes only, and do not constitute In any way an endorsement by
AT&T of Me contents) of sum sites.
Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations,
AUP Enforcement and Notice
Customer's failure to observe the guidelines, set forth In this AUP may result In AT&T taking actions anywhere from a warning to a suspension or termination of
Customer's IP Services. When feasible, AT&T may provide Customer with a noir of an AUP ociabon via e-mail or otherwise allowing the Customer to promptly corned
such violation.
AT&T reserves the right, however, to act Immediately and without notice to suspend or terminale affected IP Services In response to a court order or
government notice Nat certain conduct must be slopped, or when AT&T reasonably determines that the Customer's use of Me affected IP Services may: (1)
expose AT&T to sanctions, prosecution, clvll action or any other liability; (2) cause harm to or Interfere with the Integrity or normal operations of AT&Ts
network or networks with which AT&T Is Interconnected; (3) Interfere with another AT&T Customers use of IP Services or the Internet; (4) violate any applicable
law, rule or regulation; or (6) otherwise present an Imminent risk of harm to AT&T or AT&T Customers.
Copyright Infringement & Digital Millennium Copyright Act
AT&T respects the intellectual property rights of others. The Digital Millennium Copyright Ad of 1age (ilia "DMCA" found as 17 U.S.C. § 512) provides that ownam of
copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements to service providers like AT&T. In accordance
with the DMCA and other applicable laws, AT&T maintains a policy Nat provides for the termination of IP Services, under appropriate cirmmstanms, If Customers are found
to he a repeal infringer andlor a Customers' IP Swims are used repeatedly for infringement (the "Repeat Infringer Policy"). AT&T may tentrete IP Services at any file
with or without notice to Customers.
AT&T has no obligation to Investigate possible copyright infringements with respect to materials transmitted by Customer or any other users d the IP Seroces. However,
AT&T will process valid notifications Of domed Infnngement under the DMCA, and conbnuW receipt Of Infringement mfificetions for Customers account will he used as a
factor In determining whether Customer is a repeal inhinger. In addition, AT&T may vdunlarily paticipan. on terms acceptable to AT&T, In copyright elan and graduated
response programs.
Incident Reporting
Any complaints (other Nan deems of copyright Immngamenl) regarding violation of this AUP by an AT&T Customer (or Its user) should be directed to abusecalt.net. Mere
possible, Include details Mat would assist AT&T in investigating and resolving SWl complaint (e.g., expanded headers. IP address(s), a copy of We offending transmission
and my log files).
DMCA Copyright NotlDcatlons:
Pursuant to 17 U.S.C. §§ 512(bHdf. a copyright Wider may send AT&T a valid ratification of claimed copyright Infringement under Me DMCA. For further Information
neglecting such mtificabons, see htlpa:/Awww.atLcaMegalAartna.dmce.hMl. AT&Ts designated agent to receive mtifimtions of claimed Infringement as described In
DMCA subsection 612(c)(3) is:
https://www.att.com/legal/terms.aup.html 6/12/2017
Terms of Service - Legal Policy Center - AT&T
Page 3 of 3
Manager of Security & Copyright Infringement
1800 Perimeter Park Deva, Sults 100
Morisville, NC 27560
E -mall: copyright®altcom
Due to the substantial volume of nolilica8ons of claimed Infringement that AT&T receives and preCeeaes, we are unable to accept notices of alleged copyright Infringement
via this designated agent or email address other Nen notifications of claimed Infringement sent pursuant to Sections 512OH4
AT&T also provides transitory dighal network communications services, pursuant to 17 U.S.C. § 512(a). In conoection with such services, AT&T provides an online form that
copyright holders should use to send notifications related to alleged copyright infringement by its users based on the standards of the Automated Copyright Notice System
(ANCS). Copyright holders should use this online form to submit Complal 45 related to alleged Peer-to-peer file sharing (i.e. sharing media files via peer-toyeer rehvoridng
technology), or other forms of copyright notice other Nan those sant pursuant to Sections; 512(b) -(d) of the DMCA ('ISP Conduit Notices). By submiting complaints using
this online form, we are able fo more efficiently manage and process ISP Conduit Notices. Copyright holders can access AT&Ts online forth at att.com/p2pnollces. Plesse
note that copyright holders must complete all fields in the online form before submitting.
Contact Information: Any notification Met AT&T sends to its Customers pursuant to this AUP will be sent via e-mail to the e-mail address do file with AT&T. or may be in
writing to Customer's address of record. It Is Customers responsibility to promptly notify AT&T of any change of contact Information.
Effective Data: February 1, 2017
https://www.att.com/legal/terms.aup.html 6/12/2017
Jeanette Williams
From: Barbara Brooke -Reese
Sent: Wednesday, June 07, 2017 1:22 PM
To: Jeanette Williams
Subject: FW: COUNTERSIGNED AT&T Contract for City of Sebastian, Opportunity ID 1-6KB6VNK
Attachments: MULTI-SERVICE_AGREEMENT_Contract_ID_8433438 vl Signed_.pdf;
AT&T_MANAGED_INTERN ET_SERVICE_PRICING_SCH EDU LE_Contract_ID_8433437_v1
_Signed_.pdf
Attached are two of the three contracts that were signed this morning. I will forward you this third one as soon as I have
received it.
Sincerely;
Barbara Brooke -Reese, CCNA
Electronic Records & Information Manager
City of Sebastian
772-388-8246 Direct
breese@cityofsebastian.org
breese @cost v.citvofsebastian.com
From: Randy Moyer
Sent: Wednesday, June 07, 2017 10:52 AM
To: Barbara Brooke -Reese
Subject: FW: COUNTERSIGNED AT&T Contract for City of Sebastian, Opportunity ID 1-6KB6VNK
From: bd004yCo)us.att.com Finailto:bd004y(cbus.att.coml
Sent: Wednesday, June 07, 2017 10:50 AM
To: Randy Moyer
Cc: bd004vaus.att.com; M6033U(aatt.com
Subject: COUNTERSIGNED AT&T Contract for City of Sebastian, Opportunity ID 1-6KB6VNK
Dear Randy Moyer,
This is confirmation that AT&T has electronically signed the attached contracts.
With eSignature, AT&T's electronic signature is equivalent to a hand written signature.
R&R Contract
ID Contract Signed and Countersigned Contract Details
ID
8433438 20170607- MASTER AGREEMENT
6313 MULTI-SERVICE_AGREEMENT_Contract_ID_8433438_vl_Signed_.pdf
8433437 20170607- MIS
6312 AT&T—MANAGED—INTERNET—SERVICE—PRICING—SCHEDULE—Contract—ID-8
1
Sincerely,
Brian Drayton
Disclaimer:
This message and any attachments to it contain PRIVILEGED AND CONFIDENTIAL CLIENT
INFORMATION AND/OR CONTRACT DOCUMENTATION, solely intended for parties with a need to
know. Any attached contracts may not be altered.
F