Your access to and use of Business Internet Secure ("Business Internet Secure" or the "Service") is subject to these Terms of Service ("TOS") between You and Cellco Partnership d/b/a Verizon Wireless, on behalf of itself and its controlled and/or managed affiliates (collectively, "Verizon Wireless", "we" or "us"). The terms "You", "Customer" and any derivation thereof refers to the business using the Service, as applicable. The Service is provided, as applicable, by Verizon Wireless, Asurion Service Warranty, Inc. ("Asurion"), Cylance Inc. ("Cylance"), Cisco or any other Verizon Wireless authorized third-party service provider (any such third party service provider may be referred to herein as a "Service Provider"). Your use is also subject to the Verizon Wireless Customer Agreement (and/or any other agreement governing Your use of Verizon Wireless services, such as a Verizon Wireless Major Account Agreement, any such agreement a "VZW Agreement") and related policies available at www.verizon.com, such as our Acceptable Use Policy available at www.verizon.com/about/terms-conditions/acceptable-use-policy and our Privacy Policy available at www.verizon.com/about/privacy/, all of which are incorporated by reference. A current version of this TOS and related policies are available at https://espanol2.verizon.com/support/other-wireless-topics/legal-notices-and-industry-info/ ("Terms Website"). Your acceptance of this TOS occurs by and upon the earliest of: (a) submission of your order for the Service; (b) your acceptance of the TOS electronically; or (c) your use of the Service. In the event of a conflict between the terms stated in this TOS and Your VZW Agreement, the terms of this TOS will control with respect to your access to and use of the Service.
THIS TOS LIMITS VERIZON WIRELESS AND ITS SERVICE PROVIDER'S LIABILITY TO YOU AND REQUIRES YOU TO RESOLVE DISPUTES WITH VERIZON WIRELESS THROUGH BINDING AND INDIVIDUAL ARBITRATION RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. PLEASE READ THIS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCEPT THEM OR USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.
Service Description. Business Internet Secure is a security service available to qualified business Customers that includes (1) a lightweight endpoint anti-virus solution that is effective against both known and unknown malware, (2) a cloud-based security platform intended to provide a first line of defense against threats on the Internet by detecting and blocking inappropriate and malicious sites and content before the IP connections are established, and (3) dedicated 24 X 7 technical support for the components of the Service. Business Internet Secure also presents the Customer's dashboards in one portal so You can monitor what attacks are being prevented and manage Your protected devices.
Service Features & Third-Party Terms of Service.
- Cylance Smart AV: Cylance provides Cylance Smart AV, the anti-virus software included in the Service. By accepting, accessing or using the Service, in addition to the terms set forth in this TOS, You agree to be bound by the following Cylance end-user license agreement terms, and to ensure that all of your applicable employees and/or other authorized users are aware of and have consented to be bound by all of such terms, which are incorporated by reference as if set forth in their entirety herein: https://www.cylance.com/en-us/company/about-us/verizon-eula.html. Please review these terms carefully prior to your use of the Service, and ensure that all of your applicable employees and/or other authorized users read the terms carefully, as they contain important information with respect to the anti-virus feature of the Service.
- Verizon DNS Safeguard: Verizon DNS Safeguard, the cloud-based security platform that detects and blocks certain Internet sites and content, is powered by Cisco and enhanced with threat intelligence feeds from the Verizon Threat Research Advisory Center which, learning from internet activity patterns, automatically uncovers current and emerging threats to continually keep the network safe. Verizon DNS Safeguard includes the following basic features:
- DNS Layer of Breach Protection. Verizon DNS Safeguard is able to detect and block malicious sites and content before they reach the network as a DNS request is made before IP connections are established. Malware, ransomware, phishing, spyware, botnets, and command & control call-backs are blocked over any port or protocol before such threats can reach users and network.
- Verizon's Threat Research Advisory Center. Verizon DNS Safeguard is informed by the Verizon Threat Research Advisory Center’s threat analytics and intelligence gathered through proprietary and open source data and internal data for global threat landscape capabilities.
- Tech Support: Dedicated 24 X 7 technical support for the components of Business Internet Secure is provided to subscribers as outlined below by Asurion, as directed by Verizon Wireless (such support, the "Tech Support" and, for purposes of this Tech Support section of this TOS, references to "Verizon Wireless" shall include Asurion).
- Scope of Tech Support. The Tech Support is available for authorized personnel of businesses enrolled in the Service for the components of the Service on devices associated with the Service. When seeking to purchase the Service or utilize the Tech Support, You represent that You are the owner or an authorized user of a qualified device or devices that are associated with the Service and the applicable software, and Verizon Wireless reserves the right to refuse to provide the Tech Support to You, if Verizon Wireless determines that You are not the owner or authorized user of such device or the applicable software or are not enrolled in the Service.
For the avoidance of doubt, the Tech Support does not include or will not require assistance with any (a) enterprise grade equipment and routers or Fios routers, (b) enterprise grade servers, (c) any specialized technologies, specialized equipment, or software specific to Your industry; (d) assistance with network coverage issues; (e) over-the-air updates to operating systems, firmware, or other software; (f) diagnostic support related to any of Your devices, hard drives, routers, modems, or such other customer premises equipment; (g) help desk and troubleshooting services for Verizon Wireless' network services and billing inquiries; (h) modification of Original Equipment Manufacturer ("OEM") software; (i) installation of or assistance with third-party software or OEM drivers not supported by or related to the Service; (j) device repair; (k) data migration from devices to third parties; (l) behind firewall virus support or removal and any customized security; (m) support for onsite email servers or customizations; (n) any onsite support services and (o) devices or software not associated with the Service. - Availability of Support Services. Verizon Wireless will use commercially reasonable efforts to be available twenty-four (24) hours a day, seven (7) days a week, subject to customary lapses in service for reasonable maintenance periods. Verizon Wireless makes no guarantees regarding the availability of the Tech Support. If the availability of the Tech Support hereunder is interfered with by reason of any circumstance beyond our reasonable control, including but not limited to acts of God, labor strikes and other labor disturbances, power surges or failures, or the act or omission of any third party, we shall be excused from such performance to the extent necessary.
- Access to Information; Remote Applications. In certain instances, Verizon Wireless technicians may be required to remotely access Your device and any content stored thereon for the purpose of troubleshooting or otherwise providing the Tech Support ("Remote Session"). To enable the Remote Session, You may be required to run certain diagnostic software applications on the device being accessed ("Diagnostic Software"). You consent to such access by Verizon Wireless' technicians and the downloading of any required Diagnostic Software. You authorize Verizon Wireless' technicians to effect changes to Your devices, to the extent necessary to provide the Tech Support, and You acknowledge and agree that such changes may be permanent and irreversible. You agree to comply with the terms applicable to the Diagnostic Software, and in the event of a conflict between those terms and this TOS, the Diagnostic Software-specific terms control with regard to the Diagnostic Software only. You acknowledge and agree that You will not copy or modify the Diagnostic Software or any other materials provided to You in connection with the Tech Support. During any Remote Session, You are responsible for ensuring that any records containing confidential information, personally identifiable, sensitive information, financial or health related data are not visible to the Verizon Wireless technician.
- Representations and Authorizations. When seeking the Tech Support, You represent that You are the subscriber or an authorized user of the Service and You acknowledge that Verizon Wireless reserves the right to refuse to provide the Tech Support to You, if Verizon Wireless determines that You are not the subscriber or an authorized user. To use the Tech Support, the individual seeking service on Your behalf must provide information identifying himself or herself as Your owner, member, partner, director, manager, employee, or agent.
- Commercially Reasonable Efforts. Verizon Wireless will use commercially reasonable efforts to provide the Tech Support. This means that if Verizon Wireless is unable to resolve Your issue after making commercially reasonable efforts, Verizon Wireless has the right and discretion to refuse to take further efforts to do so. Additionally, in some instances, Verizon Wireless may have limited information from vendors, manufacturers and developers, and Verizon Wireless may not have the ability to obtain the proprietary or other information required to resolve Your issue. Some technical problems that You encounter may be the result of software or hardware errors not yet resolved by the vendors, manufacturers or developers of that software or hardware, in which case Verizon Wireless may not be able to resolve Your issue. In those circumstances, You still are liable for any fees or charges associated with the Service.
- Scope of Tech Support. The Tech Support is available for authorized personnel of businesses enrolled in the Service for the components of the Service on devices associated with the Service. When seeking to purchase the Service or utilize the Tech Support, You represent that You are the owner or an authorized user of a qualified device or devices that are associated with the Service and the applicable software, and Verizon Wireless reserves the right to refuse to provide the Tech Support to You, if Verizon Wireless determines that You are not the owner or authorized user of such device or the applicable software or are not enrolled in the Service.
Backup of Software and Data. You are responsible for backing up the software and data that is stored on Your device or other devices manufactured to be compatible with Your device or intended to be connected thereto. Neither Verizon Wireless nor its Service Provider(s) shall be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Verizon Wireless may decline to provide the Service if it determines that You have not taken appropriate backup measures.
Warranties. ADVICE OR INFORMATION GIVEN BY VERIZON WIRELESS, ITS REPRESENTATIVES OR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS SHALL NOT CREATE A WARRANTY. USE OF VERIZON WIRELESS TECHNICAL SUPPORT (INCLUDING SUPPORT PROVIDED BY ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS) IS AT YOUR OWN RISK AND IS NOT WARRANTED. VERIZON WIRELESS AND THE SERVICE PROVIDER(S): MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICE (OR ANY COMPONENT SERVICE) PROVIDED TO YOU; SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE; AND HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE SERVICE TO PERFORM WILL BE YOUR SOLE RESPONSIBILITY. IN ADDITION, VERIZON WIRELESS AND/OR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS APPLICABLE, DO NOT GUARANTEE THAT THE SERVICE CAN BE PROVISIONED TO YOU OR THAT THE SERVICE WILL WORK AS DESCRIBED HEREIN IN ALL LOCATIONS OR WITH ALL WIFI NETWORKS.
Passwords. If You know or suspect that the passwords associated with or stored on Your device have been available to or accessed by anyone as a result of Your use of the Service, You should immediately change or reset those passwords.
Charges. You agree to pay all charges for the Service, including but not limited to monthly recurring charges, applicable taxes and fees, and one time charges to enroll or process Your order. Your use of the Service will be billed according to the terms of Your VZW Agreement. Unless expressly indicated otherwise, all nonrecurring charges will be invoiced on the date on which the Customer orders the Service and the initial monthly recurring charges will be invoiced upon the earliest of (i) the date that Verizon Wireless informs Customer that the Service is ready for use, activation or installation or (ii) the date Customer first uses the Service.
Claim and Liability Limitation. Unless otherwise allowed by applicable law, any claim related to the Service shall be brought within one (1) year of the events giving rise to the claim. Failure to assert any such claim during that time results in the claim being forever barred. NEITHER VERIZON WIRELESS, NOR ANY OF ITS AFFILIATED COMPANIES OR THE SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THIS TOS OR OUT OF YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL, OR LOSS OF DATA ARISING IN CONNECTION WITH THE SERVICE, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF YOU KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Title. All rights, title, and interest in equipment, software, facilities and documentation used by Verizon Wireless, or the Service Provider(s), to provide the Service will remain vested in Verizon Wireless or the Service Providers, as applicable. Verizon Wireless or the Service Provider shall own and shall be free to use, without acknowledgment or compensation to You, any ideas, concepts, know-how or techniques contained in any suggestion or feedback You provide for any purpose whatsoever, including, but not limited to, incorporating Your feedback in developing, improving, and marketing the Service or other products. You receive no ownership, license, or other interest in any intellectual property created or delivered by Verizon Wireless or the Service Provider, whether in connection with its provision of the Service or otherwise. Verizon Wireless or its applicable Service Providers own all intellectual property rights in the Service and its devices, components, platform, software, tools, portal, documentation, and other materials relating thereto, including modifications, updates, revisions or enhancements. All rights not explicitly given are reserved by Verizon Wireless. Subject to this TOS and all terms and conditions incorporated herein by reference, Verizon Wireless grants to Customer a personal, revocable, limited, nonexclusive, non-transferable, non-sub-licensable license, during the term of the Service, to access and use the Service solely for internal business use. Customer may not, nor allow a third party to, redistribute, resell, develop, market, rent, transfer, commercialize, host, license, sublicense, decompile, lease, time-share, copy, modify, create derivative works of, translate, reverse engineer, disassemble, remove proprietary labels or notices from, copy any ideas, features or functions of the Service or any part thereof in any way.
Additional Information, Conditions, and Limitations. In addition to the information, conditions, and limitations contained in this TOS and in any third party-EULAs mentioned above that are incorporated herein by reference, the following applies to the Service: (a) it is only available in packs of 5, 10, and 25, and customers may be limited to the purchase of one pack at any given time; (b) each individual Cylance license included in such packs is limited to use on one qualified device and (c) to purchase the Service or use the Tech Support, You must have an active Verizon Wireless account. Devices qualified for use with the Service include, but, in Verizon Wireless' sole discretion, may not be limited to, desktops, laptops, tablets and smartphones with Windows® 7 and above, Mac® OS X® 10.9 and above, Android® OS 5.0 and above or Apple® iOS 10.0 and above. Further, availability of the Service may be restricted to Customers with certain router models. You agree to provide us or our third party licensors, providers and suppliers with the access and support required to allow us (or them, on our behalf) to implement, maintain and provide the Service.
Compliance with Law. You agree to use the Service for business purposes only. You also agree to use the Service only for lawful purposes and in compliance with all applicable laws, rules and regulations and not to use the Service in any manner that may impose legal, regulatory or contractual obligations on Verizon Wireless other than those with which Verizon Wireless has expressly agreed to comply in this TOS or the VZW Agreement. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via or in connection with the Service. Any software provided in connection with the Service may be used in the United States only, and any export of the Software is strictly prohibited. You agree not to cause, or otherwise request that Verizon Wireless and/or its Service Provider(s) create, receive, maintain or transmit protected health information (as defined at 45 C.F.R. § 160.103) for You or on Your behalf in connection with the Service or in any manner that would make Verizon Wireless a business associate (as defined at 45 C.F.R. § 160.103) to You. You shall assume and be solely responsible for any reporting requirements under law or contract arising from Your breach of this TOS.
Right to Terminate. Verizon Wireless reserves the right to suspend or terminate Your use of the Service (or any part thereof) at any time and for any reason, including for abuse, excessive usage or failure to pay any fees or charges associated with the Service or in the event we cease to offer the Service (or any part thereof). Verizon Wireless also reserves the right to change the scope or extent of the Service at any time and for any reason. Any refund of fees or charges associated with the Service that Verizon Wireless may agree to pay in such circumstances will be limited to the fees You paid in the prior month for the Service. If You wish to terminate Your access to the Service, please contact us by calling (800) 526-3178.
Revisions to Terms of Service. You understand and agree that we may, from time to time, revise this TOS (including any of the policies which may apply to use of the Service and the provisions that govern the way that You and we resolve disputes). The current version of this TOS shall be available to you on the Terms Website. You agree to visit the specified web pages periodically to be aware of and review any such revisions. Revisions to the TOS are effective upon posting to the Terms Website. By continuing to use any of the Service after the date the revision(s) are posted to the Terms Website, You accept and agree to the revisions and to abide by them. If You do not agree to the revision(s), You must terminate your Service immediately.
Other Terms. Verizon Wireless may assign this TOS or any of its rights hereunder to an affiliate or a Service Provider. You may not assign this TOS without the prior written consent of Verizon Wireless. This TOS shall be governed by the laws of the State of New York without regard to its choice of law principles. This TOS supersedes all other representations, understandings or agreements that are not expressed herein, whether oral or written. If any term of this TOS is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this TOS. Any failure to enforce a right or term of this TOS shall not be deemed a waiver of that right or term. Some or all portions of the Service may require activation and/or a software download. Should any activation or software download be required, it shall be the sole responsibility of the Customer to complete the necessary steps to activate the Service or successfully download the required software. Certain portions of the Service may not be fully functional without activation and/or a successful download of the required software by the Customer.