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Terms and Conditions

AT&T NETWORK MANAGEMENT AND INFORMATION SERVICES AGREEMENT

AT&T BUSINESS CUSTOMER PORTAL

SERVICE APPLICATION AGREEMENT
TERMS AND CONDITIONS

 

AT&T Corp. ("AT&T") and you, the "Customer" agree that the following terms and conditions will apply to Customer's use of any AT&T network management or information service application (collectively "Applications") provided pursuant to this Agreement. These terms and conditions shall govern all Applications provided by AT&T under this Agreement notwithstanding the existence of different and/or conflicting terms and conditions in any other ordering and acknowledgment forms of Customer and AT&T.

 

1.  APPLICABILITY

 

The attached terms, conditions and charges apply to Customer's use of the AT&T BusinessDirect® tools, except to the extent that Customer has an existing contract with AT&T that expressly provides terms, conditions and charges for such tools.

 

2. DEFINITIONS

 

A. "Affiliate" of a party means any entity that controls, is controlled by or is under common control with such party, and, in the case of AT&T, it also means any entity which AT&T has authorized to offer any Application or part of any Application.

 

B. "Content" means information made available, displayed or transmitted in connection with an Application (including, without limitation, information made available by means of an HTML "hot link", a third party posting or similar means) including all trademarks, service marks and domain names contained therein as well as the contents of any bulletin boards or chat forums, and, all updates, upgrades, modifications and other versions of any of the foregoing.

 

C. "User" means the Customer and anyone whom Customer allows, by action or omission, to use or access any Application including, without limitation, Customer's Affiliates.

 

3. CONTRACT PERIOD

 

This Agreement shall be effective from the date of CustomerĘs acceptance and shall continue on a month-to-month basis until terminated as set forth in this Agreement.

 

4. PRICE AND PAYMENT

 

  1. AT&T will provide the Applications at the charges specified in the Pricing Tables which are incorporated herein by reference.

 

Click here to view Pricing Tables. Click here to view Pricing Tables.

 

AT&T may change the charges in the Pricing Tables from time to time; notice of such changes will be posted at the Internet log-in site for the Applications at least thirty (30) days before the effective date of the price change.

 

B.      Payment is due from Customer within thirty (30) days from the date of the invoice.

 

C.      Restrictive endorsements or other statements on checks accepted by AT&T will not apply.

 

D.      Customer agrees to reimburse AT&T for attorneys' fees and any other costs associated with collecting delinquent payments.

 

E.      Customer shall pay any taxes that may be levied upon the sale, transfer of ownership, installation, license or use of the Applications unless Customer provides a tax exemption certificate to AT&T. Excluded are taxes on AT&T's net income.

 

5. WARRANTY EXCLUSIONS

 

A.      THE SERVICES PROVIDED UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE APPLICATIONS ARE PROVIDED ON AN "AS IS" BASIS. AT&T AND ITS SUBSIDIARIES, AFFILIATES, SUBCONTRACTORS AND SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.į AT&T DOES NOT GUARANTEE OR WARRANT THAT THE TRANSFER OF DATA OR FILES THROUGH THE APPLICATIONS WILL BE FREE OF INFECTION OR VIRUSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK OF USE OF THE APPLICATIONS AND THE INTERNET.

 

B.      AT&T MAKES NO GUARANTEES, PROMISES OR ANY OTHER REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE APPLICATIONS OR THE DATE OR TIME OF DELIVERY OF THE APPLICATIONS.

 

6. EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES

 

A.      For purpose of the limitations of liability set forth in this section, "AT&T" shall be deemed to include AT&T, its subsidiaries and their affiliates, and the directors, officers, employees, agents, representatives, subcontractors and suppliers of all of them. The term "damages" will refer collectively to all injury, damage, loss or expenses incurred.

 

B.      Except as provided in subsection 6.C., AT&T shall not be responsible for any damages, whether or not foreseeable, that are sustained by Customer or Users and arise from AT&T's performance or non-performance of any work or service (including the provision or non-provision of the Applications), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.

 

AT&T also shall not be liable for any damages arising out of or relating to: interoperability, access or interconnection of the Applications with applications, equipment, services, content or networks provided by Customer or third parties; service interruptions or lost or altered messages or transmissions; or, unauthorized access to or theft, alteration, loss or destruction of CustomerĘs, Users' or third parties' applications, content, data, programs, information, network or systems.į AT&T shall not be liable for any incidental, indirect, special or consequential damages (including, but not limited to, lost profits or revenues or increased cost of operations), whether or not AT&T has been advised of the possibility of such damages.

 

C.      Nothing in this Section 6 shall limit AT&T's liability for damages to real or tangible personal property or for bodily injury or death proximately caused by AT&T's negligence.

 

D.      This Agreement does not expressly or implicitly provide any third party (including Users) with any remedy, claim, liability, reimbursement, cause of action or other right or privilege.

 

7. FORCE MAJEURE

 

AT&T shall have no liability for any loss or damage caused by any of the following force majeure conditions: fires, floods, explosions, strikes, embargoes, power blackouts, earthquakes, volcanic actions, wars, water, the elements, labor disputes, riots, thefts, acts of the public enemy, accidents, acts of God, acts of government, acts or omissions of Customer, acts or omissions of third parties, changes in work practices, inability to obtain necessary labor or materials, acts or omissions of any communications carriers or any other cause beyond the reasonable control of AT&T, whether or not similar to the foregoing.

 

8. INDEMNIFICATION

 

AT&T grants to Customer the right to permit Users to access and use the Applications, provided that Customer shall remain solely responsible for such access and use and shall defend, indemnify and hold harmless AT&T from and against all Damages (including, without limitation, reasonable attorney fees), whether or not arising out of third-party claims and regardless of the form of action, whether in contract, tort, strict liability or otherwise, concerning or relating to: any noncompliance by Customer or Users with any provision of this Agreement; negligent acts or omissions by Customer or Users; Customer's or Users' Content or use of the Applications; and, claims by any User relating to any Application failure, defect or outage.

 

9. TERMINATION

 

A.      This Agreement may be terminated by either party upon thirty (30) days' prior written notice to the other party.

 

B.      If Customer fails to perform or observe any material term or condition of this Agreement, including, but not limited to, failure to pay any charges when due, AT&T may immediately terminate this Agreement and exercise any and all available rights.į Upon termination by AT&T, Customer shall be liable for any and all applicable charges.

 

10. ASSIGNMENT

 

Neither party may assign this Agreement without the prior written consent of the other party. Consent shall not be unreasonably withheld. AT&T, without CustomerĘs consent, may assign this Agreement to a present or future affiliate, subsidiary or successor or assign its right to receive payments.

 

11. SUBCONTRACTING

 

AT&T may subcontract any or all of the work to be performed by it under this Agreement but shall retain responsibility for the work subcontracted.

 

12. GENERAL

  1. If any provision of this Agreement is found to be invalid or unenforceable, the parties agree that the remaining provisions shall remain in effect. Such provision shall be ineffective only to the extent of the invalidity or unenforceability without invalidating the remainder of such provision. The parties further agree that in the event such invalid or unenforceable provision is an essential part of this Agreement, they will immediately begin negotiations for a replacement.

 

  1. Except as provided in subsection 12.E., the failure of a party to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision.

 

  1. Customer certifies that the Applications provided hereunder are intended solely for CustomerĘs own internal use and not for purposes of resale.

 

  1. The section headings in this Agreement are for convenience only and not intended to affect the meaning or interpretation of this Agreement.

 

  1. Any legal action Customer brings against AT&T with respect to this Agreement must begin within two (2) years after the cause of action arises.

 

  1. State law issues concerning this Agreement shall be interpreted in accordance with and governed by the laws of the state of New York.

 

  1. THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO SERVICES PROVIDED HEREUNDER AND SUPERSEDE ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS, STATEMENTS OR UNDERSTANDINGS, WHETHER WRITTEN OR ORAL.į IN THE EVENT OF ANY INCONSISTENCY BETWEEN THIS AGREEMENT AND ANY APPLICABLE AT&T SERVICE CONTRACT OR TARIFF, THE TERMS OF THE SERVICE CONTRACT OR TARIFF SHALL PREVAIL.

 

  1. The Applications are accessible only if the Customer is currently subscribed to the related AT&T service(s).į Prices, terms and conditions applicable to AT&T services are contained in AT&T contracts or tariffs, as applicable.

 

  1. Customer may not use any robot, spider, or other automatic device or process to monitor or copy AT&T's web pages or any portion of the content contained herein without AT&T's express written permission.į

     

     

     

    Version 6.0, July 2007




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