(SaaS) Terms of Service
Contents
1. In addition to these SaaS Terms of Service Your use of and access to Sprint s Software Services is governed by any Application Specific Terms as well as any other written services and transaction materials that we provide or refer You to during the sales transaction collectively Agreement For the purposes ofthis Agreement You means You or the entity that You represent including Your End User s which means the users who access Your Services For purposes ofinterpreting these SaaS Terms of Service Software Service Service s means any software and application resources and services that You purchase from Sprint which may include software that provides productivity messaging collaboration customer management security archiving and other online enabled functions These services are licensed on a subscription basis and accessed or managed bya computer or other device across a network or internet connection and which are generally stored on servers or otherwise ata remote location that are not expresslyidentifiable to the user Service s also includes anyapplications programs products or software on Your accountwith us as well as any other productor service that we offer or provide to You that references these SaaS Terms Sprint may modifythe Software Services the SaaS Terms of Service the Application Specific Terms and the Online User Manual at anytime in its sole discretion Your continued use ofthe2. Cloud Service please contact your Sprint representative or Carefree Cloud Supportat 1 855 234 1825 3 Early Termination Fee If You cancel Your Carefree Cloud subscription before it expires you may be liable for an early termination fee An early termination fee will apply to Carefree Cloud Standard Paid Over Time and Carefree Cloud End User Support Paid Over Time If You are subjectto an early termination fee the fee amount willbe the total remaining charges outstanding through the end of Your subscription 4 Description of Service Carefree Cloud supports onlySaaS Services purchased from Sprint and does not include supportfor any other software including other software from Sprint With any SaaS software purchase from Sprint You will automatically receive Administrator call support available 24 hours per day 7 days per week 24 7 Depending on Your specific subscription to Carefree Cloud You will receive white glove support for deployment i e setup and configuration of your SaaS software End User support eLearning and or Administrator support Your Administrator is the person who can purchase the services assign seats establish activate and distribute login IDs and passwords actas the primarycontact between Sprint and the company as well as additional account managementactivities related to SaaS The End User is the direct beneficiaryof Your Services who uses products and services ordered bythe Administrator
3. You are responsible for any changes to Your Services made by a person You authorize and those changes will be treated as modifications to this Agreement 19 Prohibited Uses Sprint on behalf of itselfand its Third Party Providers reserves the right without notice or limitation to limit or restrict Your use of the Software Services or to deny terminate end modify disconnect or suspend Software Services to You if Sprint or any of its Third Party Providers in their sole discretion determines action is necessaryto protect other parties or Sprint s or any of its Third Party Providers systems networks or business from harm or degradation Without limiting the foregoing You will not use the Software Services or permit any other person to use the Software Services a in violation of the AUP b ina manner that would cause Sprint any Third Party Provider or any of Sprint s or any such Third Party Providers vendors or service providers to violate any applicable law including anylaws applicable to the importor export of products services computer software or data c in connection with any activity where the failure or fault of the Software Services could lead to death or injury of any person or damage to any physical property of any person or d in connection with the development design manufacture production stockpiling or use of nuclear chemical or biological weapons weapons of mass destruction illegal gambling terrorism narc
4. even if the claim arises after Services have terminated Disputes also include but are not limited to claims that a You or an authorized or unauthorized user ofthe Services or Devices bring against our employees agents affiliates or other representatives b You bring againsta third party such as a retailer or equipment manufacturer that are based on relate to or arise outof in any way our Services or the Agreement or c that Sprintbrings against You Disputes also include but are not limited to i claims in any way related to or arising outof any aspectof the relationship between You and Sprint whether based in contract tort statute fraud misrepresentation advertising claims or any other legal theory ii claims thatarose before this Agreement or out of a prior Agreementwith Sprint iii claims thatare subjectto on going litigation where You are nota party or class member and or iv claims thatarise after the termination ofthis Agreement 6 4 Dispute Notice and Dispute Resolution Period Before initiating an arbitration or a small claims matter You and Sprint each agree to first provide to the other a written notice Notice of Dispute which shall contain a a written description ofthe problem and relevant documents and supporting information and b a statement of the specific relief sought A Notice of Dispute to Sprint should be sentto General Counsel Arbitration Office 12502 Sunrise Valley Drive Mailstop VARESA020
5. service mark or other designation of origin of Sprint 31 Disclaimers UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE WE MAKE NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED INCLUDING TO THE EXTENT ALLOWED BY LAW ANY IMPLIED WARRANTY OF MERCHANTABILITY NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES WE DON T PROMISE UNINTERRUPTED OR ERROR FREE SERVICES AND DON T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF SPRINT PROVIDES THE SERVICES INCLUDING ANY SOFTWARE SERVICES ON AN AS IS AND AS AVAILABLE BASIS WITH ALL FAULTS ERRORS AND DEFECTS YOUR USE OF AND ACCESS TO THE SOFTWARE SERVICES IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE Sprint and its Third Party Providers do not guarantee any results or the accuracy of any results that You may obtain from the Software Services You agree that the Software Services are subjectto limitations and restrictions outside of Sprint s and its Third Party Providers control Sprint and its Third Party Providers do not warrantthat i Your use of the Software Services will meet Your requirements ii the Software Services will be uninterrupted error free or completelysecure or iii data provided through the Software Services willbe accurate You understand and acknowledge thatthere are risks inherentin internet connectivity that could resultin the loss of Your privacy confidential information and p
6. Software Services following any change will constitute Your acceptance of and agreementto be bound by the modified Agreement If You do not agree with the modifications Your sole and exclusive remedyis to stop using the Software Services By accepting this Agreement the person accepting this Agreementrepresents and warrants thathe or she is lawfully able to enter into contracts and if entering into this Agreementon behalfof an entity that he or she has the legal authority to bind such entity to the terms and conditions ofthis Agreement By accepting this Agreement You agree that You are bound by the terms and conditions ofthis Agreement 1 Mandatory Arbitration As detailed in Section 6 below we each agree to a mandatory arbitration provision that provides that except for maiters properly brought to small claims court any claim controversy or dispute of any kind between You and Sprint must be resolved by final and binding arbitration on an individual and not a class wide or consolidated basis 2 Automatic Renewal Your Software Services will automatically renew for subsequent periods the same length as the initial term i e an annual contract will automatically renew for another 12 month term unless You provide us notice of termination For annual subscriptions You must notify Sprint of Your choice to not renew Your subscription or cancel at least thirty 30 days prior to expiration of the then current term For 659720v1 Sprint Propri
7. otherwise have the right to use as contemplated by this Agreementand the Software Services all right title or interestin and to Your Data and b Your Data and Sprint s andits Third Party Providers use of Your Data as contemplated in this Agreementwill notinfringe misappropriate or otherwise violate any proprietaryrights of any third party or any applicable law 659720v1 Sprint Proprietary Information Rev 09 30 2015 Page 6 of 13 30 3 As between You and Sprint Sprint owns all right title and interestin and to the Software Services and derivatives thereto Sprinthereby grants You a limited personal nonexclusive non transferable non sublicenseable license to access and use the Software Services solelyin accordance with this Agreement and the Application Specific Terms You may not use or access the Software Services for any purpose other than as expresslypermitted by this Agreement You will not i alter modify tamper with or create derivative works of any of the Software Services or any of the content or materials constituting a partthereof ii reverse engineer disassemble or decompile any Software Services iii resell or sublicense anyof the Software Services You will not assertor assists anyother person in asserting anyclaim of patentor intellectual property infringement against Sprint with respectto any of the Software Services You have used Nothing in this Agreementgrants to You any right to use any trademark trade name
8. 2 2C682 Reston Virginia 20191 Sprint will provide a Notice of Dispute to You in accordance with the Providing Notice To Each Other Under The Agreement section of this Agreement Sprint will assign a representative to work with You and try to resolve Your Dispute to Your satisfaction You and Sprintagree to make attempts to resolve the Dispute prior to commencing an arbitration or smallclaims action Ifan agreementcannotbe reached within forty five 45 days of receiptof the Notice of Dispute You or Sprint may commence an arbitration proceeding or small claims action 6 5 Arbitration Terms Process Rules and Procedures 6 5 1 Unless You and Sprint agree otherwise the arbitration will be conducted by a single neutral arbitrator and will take place in the county of the lastbilling address ofthe Service The arbitration will be governed by either a rules that we mutuallyagree upon or b the JAMS Comprehensive Arbitration Rules amp Procedures the JAMS Rules as modified by this agreementto arbitrate including the rules aboutthe filing administration discoveryand arbitrator fees The JAMS rules are available onits website at jamsadr com Notwithstanding anyJAMS Rule to the contrary or any other provision in arbitration rules chosen by agreement to govern the arbitration we each agree that all issues regarding the Dispute are 659720v1 Sprint Proprietary Information Rev 09 30 2015 Page 2 of 13 delegated to the arbitrator to dec
9. 4 7 Administrator call support 3 Carefree Cloud Custom Plan The Carefree Cloud Custom Plan is designed for Customers with at least 1 000 Google Apps for Work seats The Carefree Cloud Custom Plan which includes pre purchase consultation acustomer specific Statem ent of Work that provides projectdetails and deliverables and remote deploymentassistance as stated within the Statement of Work customized for you Carefree Cloud Custom Plans are designed to provide you the assistance and steps needed to configure domain s setup devices phone tablet PC set End Users upin Google Apps for Work familiarize You with the Google Apps for Work Admin Portal etc You will also receive 24 7 Administrator call support and Carefree Cloud End User Support The Carefree Cloud Custom Plan is notavailable to customers with fewer than 1 000 Google Apps for Work seats There is a minimum charge of 5 000 under the SOW that we create for Your Carefree Cloud Custom Plan Sprint may offer Carefree Cloud Custom hours for a Customer with a Carefree Cloud Standard Plan with less than 1 000 Google Apps for Work seats if the parties agree that additional services are desirable 5 Availability of Service To get started with any of Your Carefree Cloud plans please call a deployment specialist at 866 912 2452 available Monday through Friday Hours of operation M F 5 5 MST For Administrator End User or other support under Your Carefree Cloud plan please call 1
10. 855 234 1825 to reach a specialist24 hours aday 7 days a week 6 Remote Access If You seek assistance through Carefree Cloud Sprintor its agents mayneed remote access to Your computer to provide Carefree Cloud support Once you grantremote access the Carefree Cloud agentwill be able to 1 control view or access Your device 2 view Your system information 3 install transfer delete overwrite or copy software files and folders 4 reboot Your system 5 run scripts and 6 invite a technician for collaboration all for the limited purpose of activating supporting maintaining upgrading or repairing the Services You may revoke remote access atany time by clicking on the red X onthe toolbar or pressing pause break on the keyboard You can permanentlyend the remote access session byclosing the application You may authorize account administrators to make changes to Your Services which will include the authority to make upgrades and additional purchases You are responsible for any changes to Your Services made by a person You authorize and those changes will be treated as modifications to this Agreement 7 Your Responsibility to Back Up Data Sprint does not warrant Your data created either before or after Your use of Carefree Cloud deploymentor call supportservices Sprintshall notbe liable under any circumstances for any loss disclosure alteration or corruption of any data information files videos or any other form of media Y
11. Limit ASL _has been placed on any of Your Sprint accounts An ASL is a temporaryor permanentlimit typically based on credithistory payment history or to prevent fraud that we place on the amountofunpaid charges you can accumulate on your account regardless of when payment on those charges is due Sprintretains sole discretion to make a determination about whether Your account is subjectto an ASL 27 2 If Sprint suspends Your right to access or use any or all of the Software Services 27 2 1 You remain responsible for all fees and charges incurred prior to the date of the suspension and 27 2 2 You remain responsible for all fees and charges due for any Software Services to which You continue to have access oruse 28 Term and Termination This Agreementwill remain in effect until Sprintor You terminate it in accordance with the Agreement 28 1 Your Termination You may terminate this Agreementat any time by going to the Sprint Business Support page at https mys print s print com mys print js p landingPage s upport jsp in Your browser and selecting Productivity Marketplace Support The support page provides instructions for how to terminate this Agreement online within the Productivity Marketplace 28 2 Sprint s Termination Sprint may immediatelyterminate this Agreementatany time if You breach this Agreementor if Your service is suspended by providing You with written notice of the termination including notice via email or ot
12. Rev 09 30 2015 Page 5 of 13 25 Offers Sprint can cancel offers early or extend offers without notice Not all offers are available in all markets or locations 26 Subscription Charges Subscription charges are notrefunded or prorated if Your Software Service is terminated or modified before Your subscription period ends Your subscription period begins on the date Your order is provisioned and You willbe automaticallycharged on Your invoice until You cancel or notify Sprint of Your choice to not renew Your subscription If Your rightto use Software Services expires or is suspended cancelled or terminated You will not receive any refund for the remaining subscription period 27 Temporary Suspension 27 1 Sprint may temporarilysuspend Your right to access or use any or all of the Software Services immediatelyif Sprintdetermines that 27 1 1 Your use of or access to the Software Services i may pose a securityriskto Sprint any Third Party Provider the Software Services or any other person ii may adversely affect Sprint any Third Party Provider or any of the Software Services iii may subject Sprint any Third Party Provider or any other person to liability or iv may be fraudulentor unlawful 27 1 2 You may bein breach of this Agreement or any Application Specific Terms including if You are delinquent with respectto any payment owed to Sprint or any other person pursuantto this Agreement or 27 1 3 an Account Spending
13. SPRINT PRODUCTIVITY MARKETPLACE The terms listed below mayapplyto Your access to and use of the Software Services in Sprint s Productivity Marketplace The Sprint Software as a Service SaaS Terms of Service and Acceptable Use Policy apply to all Software Services The Application Specific Terms apply only if You have purchased that specific product and not all applications will have specific terms If You have questions related to these terms please call Customer Care at 855 234 1825 To review the terms please click on the link below 1 SaaS Terms ofService 2 Sprint s Acceptable Use Policy 3 Application Specific Terms Airwatch Software Terms of Service Carefree Cloud Terms of Service eNOM Services Application Specific Terms Google Apps for Work Application Specific Terms Microsoft Online Services Application Specific Terms Microsoft Service Level Assurances Migration 1 2 3 Application Specific Terms PingOne Single Sign On Application Specific Terms Sprint Audio Conferencing for Lync Online powered by InterCall Application Specific Terms of Use Sprint Cloud Optimizer lication Specific Terms Switch Application Specific Terms Symantec Application Specific Cloud Services Agreement m Uberconference lication Specific Services Terms of Use sa ODa907 D Sprint Software as a Service SaaS Terms of Service The following terms applyto Your use of and access to Sprint s Software Services SaaS Terms of Service
14. a Carefree Cloud for Microsoft Included with a Microsoft 365 purchase You will be advised on the steps and tools offered to assistin migration and onboarding of the Services for the first 90 days after your purchase along with receiving our 24 7 Administrator call support b Carefree Cloud for Google Apps for Work Available with Google Apps for Work Carefree Cloud plans include the services described below 659720v1 Sprint Proprietary Information Rev 09 30 2015 Page 8 of 13 1 Carefree Cloud Standard Plan The Carefree Cloud Standard Plan includes up to four hours of remote deploymentassistance which mayinclude implementing Google Apps and migration ofall Your data and leaving You ready to use your Google Apps for Work software You also receive 24 7 Administrator call support and Carefree Cloud End User Support which includes 24 7 application call support and BoosteLearning online training to all Your End Users for Boost eLearning s End User License Agreement click here and our standard 24 7 Administrator call support You mustinitiate remote deploymentassistance under Your Carefree Cloud Standard Plan by completing the first technical implementation call within 90 days of purchase 2 Carefree Cloud Do It Yourself DIY The Carefree Cloud DIY includes up to two hours of remote consultation in conjunction with providing a self help guide that will navigate You through Your Google Apps for Work implementation You will also receive 2
15. ann org udrp udrp rules 240ct99 htm and http www icann org dndr udrp policy htm along with the UDRP Rules and all Supplemental Rules of any UDRP provider The UDRP may be changed by ICANN or ICANN s successor atany time 3 5 Expired Registration Recovery Policy You agree to complywith ICANN s Expired Registration Recovery Policy ERRP which can be found at http Awww icann org en res ources registrars consensus policies errp Google Apps for Work Application Specific Terms http www google com apps intl en terms reseller_premier terms htm Microsoft Online Services Application Specific Terms Microsoft Online Services MOS supplies online software services designated for businesses including Microsoft Office 365 MOS Application The following terms applyto Your use of and access to the MOS Application MOS Application Specific Terms In addition to these MOS Application Specific Terms Your use of and access to the MOS Application is governed by the SaaS Terms of Service available at http www s print com business support rates TandCproducis himl as well as anyother written services and transaction materials that we provide or refer You to during the sales transaction collectively Agreement For the purposes ofthis Agreement You means You or the entity that You represent For purposes ofinterpreting these MOS Application Specific Terms the MOS Application is included in the definition of Servic
16. cation Specific Terms the Sprint Cloud Optimizer Application is included in the definition of Service s in the SaaS Terms of Service Capitalized terms used and not defined in these Sprint Cloud Optimizer Application Specific Terms are used as defined in the SaaS Terms of Service 1 Mandatory Arbitration As detailed in the SaaS Terms of Service we each agree to a mandatory arbitration provision that provides that except for matters properly brought to small claims court any claim controversy or dispute of any kind between You and Sprint must be resolved by final and binding arbitration on an individual and not a class wide or consolidated basis 2 Automatic Renewal Your subscription will renew automatically unless You timely opt out of the auto renewal Please refer to the SaaS Terms of Service for a complete description of how to cancel the Sprint Could Optimizer Application 3 The Sprint Cloud Optimizer Application includes two alternative types of software both of which work in conjunction with Your Microsoft Office 365 subscription The complete paid subscription ofthe Sprint Cloud Optimizer Application includes the four following features 1 it delivers continuous and seamless offline access to Microsoft SharePoint sites and documents 2 it allows offline reading and editing of SharePointwikis forms pages and office documents 3 it allows offline reading of any non password protected web pages and 4 it provides a
17. e s Capitalized terms used and notdefined in these MOS Application Specific Terms are used as defined in the SaaS Terms of Service 1 Mandatory Arbitration As detailed in the SaaS Terms of Service we each agree to a mandatory arbitration provision that provides that except for matters properly brought to small claims court any claim controversy or dispute of any kind between You and Sprint must be resolved by final and binding arbitration on an individual and not a class wide or consolidated basis 2 Automatic Renewal Your subscription will renew automatically unless You timely opt out of the auto renewal Please refer to the SaaS Terms of Service for a complete description ofhow to cancel the MOS Application 3 Customer Care Customer care and supportrelated to the MOS Application willbe provided by Sprint 4 Service Level Agreement The Service Level Agreement SLA provided at http Awww micros oftvolumelicensing com Downloader aspx Documentld 6034 governs Your use of the MOS Applications 5 Microsoft s Online Services Use Rights Your use of the MOS Applications is governed by Microsoft s Online Use Rights Please see www microsoft com licensing onlineuserights english for the complete terms between You and Microsoft regarding Your use of the MOS Applications By ordering accessing and using the MOS Applications You are accepting the terms in Microsoft s Online Use Rights document If You do not accept the terms of Microsof
18. elp You secure Your Data againstunauthorized access or disclosure However You are responsible for properlyconfiguring and using the Software Services and taking Your own steps to maintain appropriate securityand backup of Your Data Any IDs and passwords are for only Your own use Sprint does nothave knowledge of Your Data including the content quantity or value of Your Data You are solelyresponsible for the loss of Your Data including without limitation all losses resulting from third party attacks Third party attacks include without limitation hacks intrusions distributed denial of service attacks or any other third party actions intended to cause harm to or disruptthe Software Services You hereby release Sprintand its Third Party Providers from any and all liability arising from the loss of Your Data Sprintand its Third Party Providers are not responsible to You or any other person or entity for any unauthorized access to or use of Your Data or the Software Services unless the access or use results from Sprint s failure to meetits obligations setforth in this section 17 Your Privacy Our Privacy Policyis available on our website To review the policy visit sprint com legal privacy htm This policy may change from time to time so review it with regularity and care 17 1 CPNI If we provide telecommunications Services to You the accountholder we develop information aboutthe quantity technical configuration type location and des
19. etary Information Rev 09 30 2015 Page 1 of 13 monthly subscriptions You must notify Sprint of Your choice to not renew Your subscription or cancel at least five 5 days prior to the expiration of the then current term 3 Acceptable Use Policy By using Sprint s Software Services You agree that Your use will be subjectto Sprint s Acceptable Use Policy AUP which can be found on sprint com legal 4 Our Policies Services are subjectto our business policies practices and procedures Policies You agree to adhere to all of our Policies when You use our Services Our Policies are subjectto change at any time with or without notice 5 Our Right to Change the Agreement and Your Related Rights We may change any part of the Agreementat any time including but not limited to rates charges how we calculate charges discounts promotions packages Services offered technologies used to provide services or Your terms of Service We will provide You notice of material changes and we may but are not required to provide You notice of non material changes Your remedy if You do not agree to the changes we have made to the Agreementis to discontinue use of the Services 6 ARBITRATION AND DISPUTE RESOLUTION PLEASE READ THIS CAREFULLY IT AFFECTS YOUR RIGHTS In those rare instances where Your concern is not resolved to Your satisfaction through calls to our customer care You and Sprinteach agree to try to resolve those disputes in good
20. faith after You provide written notice of the dispute as setforth below If the dispute is notresolved You and Sprintagree that the dispute will be resolved through individual binding arbitration or small claims court instead of courts of general jurisdiction 6 1 Mandatory Arbitration and Waiver of Class Action Instead of suing in court You and Sprintagree to arbitrate all Disputes as defined below on an individual non representative basis You agree that by entering into this Agreement You and Sprint are waiving the right to a trial by jury or to participate in a class action or representative action This agreementto arbitrate is intended to be broadly interpreted 6 2 In arbitration there is no judge or jury Instead Disputes are decided bya neutral third party arbitratorin a more informal process than in court In arbitration there is limited discoveryand the arbitrator s decision is subjectto limited review by courts However justas a court would the arbitrator musthonor the terms of the Agreementandcan award damages and relief including anyattorneys fees authorized by law 6 3 Disputes shall include butare not limited to any claims or controversies against each other related in any way to or arising outofin any way our Services or the Agreement including but not limited to coverage Devices billing services and practices policies contract practices including enforceability service claims privacy or advertising
21. governmenton the Services that we provide to You These charges maychange from time to time without advance notice If You re claiming anytax exemption You must provide us with a valid exemption certificate Tax exemptions generallywon tbe applied retroactively 24 Surcharges You agree to pay all Sprint surcharges Surcharges which mayinclude but are not limited to Regulatoryand Administrative charges gross receipts charges and other charges Surcharges are nottaxes and we are not required by law to assess them They are part of our rates we choose at our discretion to collectfrom you to recover certain costs and are kept by us The number and type of Surcharges will be provided on your invoice may vary depending upon the location of Your billing address and can change over time We determine the amount for these charges and these amounts are subjectto change as are the components used to calculate these amounts We will provide you notice of any changes to Surcharges in a manner consistent with this Agreement see Providing Notice To Each Other Under The Agreement section However because some Surcharges are based on amounts setby the governmentor based on governmentformulas it will not always be possible to provide advance notice of new Surcharges or changes in the amountof existing Surcharges Information on Surcharges is provided during the sales transaction andis available on our website 659720v1 Sprint Proprietary Information
22. her electronic means Sprintmayterminate this Agreementat any time for any other or no reason by providing You with written notice three days priorto the termination including notice via email or other electronic means 29 Effect of Termination Upon termination or expiration of this Agreement a all Your rights under the Agreement terminate immediately and b You remain responsible for all fees and charges incurred prior to the date of the termination Unless Sprintterminates this Agreementor any Software Service for cause during the 30 days following termination i Sprint will not erase Your Data ii You may retrieve Your Data from the Software Services provided that You have paid any fees or charges owed to Sprintfor the Software Service provided prior to the date of termination and iii Sprint will provide You with assistance in retrieving Your Data in accordance with Sprint s then applicable policies You agree that Sprint has no obligation to retain Your Data and that Your Data may be irretrievably deleted after 30 days following termination 30 Proprietary Rights 30 1 As between You and Sprint You own all right title and interestin and to Your Data except that You hereby grant Sprintand its Third Party Providers a nonexclusive license to use Your Data anywhere in the World only to the extent strictly necessaryto provide the Software Services and as setforth in this Agreement 30 2 You representand warrantthat a You own or
23. ide except that only a court and not the arbitrator shall decide any disagreements regarding the scope and enforceability of this agreementto arbitrate 6 5 2 The Federal Arbitration Act FAA applies to this Agreementand arbitration provision We each agree that the FAA s provisions not state law govern all questions of whether a Dispute is subjectto arbitration To the extent that this agreementto arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuantto Pre Dispute Clauses Minimum Standards for Procedural Fairness the Minimum Standards the Minimum Standards in that regard will apply However nothing in this paragraph will require or allow You or Sprint to arbitrate on a class wide representative or consolidated basis 6 5 3 The arbitrator may award declaratory or injunctive reliefonly in favor of the individual party seeking reliefand only to the extent necessaryto provide relief warranted by that party s individual claim YOU AND SPRINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING Further unless both You and Sprintexpressly agree otherwise the arbitrator may not consolidate more than one person s claims and maynot otherwise preside over any form of a representative or class proceeding If any portion of this provision is found to be unenforceable then the entirety of this arbitration pro
24. int Proprietary Information Rev 09 30 2015 Page 9 of 13 Capitalized terms used and notdefined in these eNom Services Application Specific Terms are used as defined in the SaaS Terms of Service 1 Mandatory Arbitration As detailed in the SaaS Terms of Service we each agree to a mandatory arbitration provision that provides that except for matters properly brought to small claims court any claim controversy or dispute of any kind between You and Sprint must be resolved by final and binding arbitration on an individual and not a class wide or consolidated basis 2 Cancellation amp Refunds You may cancel Your Domain Name anytime during the subscription period However Sprint will not refund Your eNom Services Application 3 Automatic Renewal Your Domain Name will be automatically renewed for another annual subscription following the expiration of the current subscription period unless You inform Sprintno less than thirty 30 days before expiration of the previous period that You do not want to renew Your Doman Name You must notify Sprint of Your choice to not renew Your subscription or cancel at least thirty 30 days prior to expiration of the then current annual term 4 Additional Terms Your use of and access to eNom Services Application and Your Domain Name is subjectto additional terms and conditions which are available at http enom com terms The additional terms include without limitation the following 659720v1 Sprint P
25. ity TO THE EXTENT ALLOWED BY LAW OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL CONSEQUENTIAL PUNITIVE MULTIPLE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES INCLUDING BUT NOT LIMITED TO LOST PROFITS LOSS OF BUSINESS OR COST OF REPLACEMENT PRODUCTS AND SERVICES SPRINT WILL NOT BE LIABLE FOR LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE SERVICES 34 Conflict In the event of a conflictbetween these SaaS Terms of Service and the Application Specific Terms the Application Specific Terms will control with respectto the applicable Software Service 35 Relationship of the Parties This Agreementis a sales purchase agreement and does notcreate an employer employee relationship agency association joint venture partnership landlord tenant or lessor lessee relationship or other form of legal entity or business enterprise between the parties their agents employees or affiliates 36 Definitions 36 1 Application Specific Terms means the separate rules descriptions software license agreements acceptable use policies terms and conditions specific to certain Software Services 36 2 Third Party Content and Services means anytools applications
26. laws and regulations 8 Your Data By accessing and using the MOS Application You consentto Microsoft receiving and using Your information in order to provide the MOS Application and associated products and uphold its responsibilities under the MOS Specific Terms 9 Third Party Rights By accessing and using the MOS Application You agree that the benefit of certain provisions herein are expressed to be not only for Sprint but also for Microsoft and Microsoft Affiliates licensors and suppliers and that each of the foregoing shall be entitled in its own rightto require the due performance of those certain provisions 10 Sprint Third Party Advisors Sprintreserves the right to offer the MOS Application to eligible Third Party Advisors Internal Use Internal Use of the MOS Application may only be offered under the following conditions a Internal Use Subscriptions mustbe actively used within 60 days of provisioning or Microsoft may deprovision the Subscriptions and b additional seats provisioned to a Sprint Third Party Advisor in excess of the maximum number of seats available under this Internal Use benefit will be invoiced at standard commercial pricing Microsoft Application Specific Service Level Assurances Microsoft Service Level Assurances Migration 1 2 3 Application Specific Terms https migration123 s elfmigration com public default aspx PingOne_ Single Sign On Application Specific Terms http www pingidentity co
27. m Sprint clickthru Sprint Audio Conferencing for Lync Online powered by InterCall Application Specific Terms of Use http Avww intercall com terms php Sprint Cloud Optimizer Application Specific Terms Sprint Cloud Optimizer Application is a caching software that enables auser to save certain web content to a device and then access thatcached web contentfrom the device without using WIFI or another data connection thereby reducing bandwidth use and enabling more robust Micros oft SharePoint or Internet content when working remotely Sprint Cloud Optimizer The following terms applyto Your use of and access to the Sprint Cloud Optimizer Application Sprint Cloud Optimizer Application Specific Terms In addition to these Sprint Cloud Optimizer Application Specific Terms Your use of and access to the Sprint Cloud Optimizer Application is governed by the Software as a Service SaaS Terms of Service which are available at sprint com business support rates TandCproducts html as well as anyother written services and transaction materials that we provide or refer You to during the sales transaction collectively Agreement For the purposes ofthis Agreement You means you or the entity that you represent including Your End User s which means the users who access Your Services 657141v1 Sprint Proprietary Information Rev 08 27 2014 Page 12 of 13 For purposes ofinterpreting these Sprint Cloud Optimizer Appli
28. oing basis You authorize and consentto Sprint and its Third Party Providers and each of their third parties Data Users collecting and using Your Data and information about Your access and use ofthe Software Services including without limitation times and methods of access services utilized types of information stored names addresses telephone numbers accountnumbers internet protocol addresses etc in order to provide andimprove the Software Services or to complywith applicable law or any court order or requestof any governmental or regulatory authority In addition You authorize Sprint to aggregate such data together in an anonymous form for use by Sprint or for sharing with third parties for any legal purpose in Sprint s discretion and withoutcompensation to You 15 Third Party Providers Privacy Policies Third Party Providers may access collect use or disclose Your personal information or require Sprintto disclose Your information to the Third Party Provider or some other third party If You access use or authorize Third Party Contentand Services You agree and authorize Sprint to provide information related to Your use of the Software Services You understand that Your use of Third Party Contentand Services is subjectto the Third Party Provider s terms and policies including its privacy policy i e Application Specific Terms 16 Security and Unauthorized Access Sprint will implementreasonable measures designed to h
29. otics or arms trafficking 20 Credit Checks amp Credit Information We agree to provide You Services on the condition that You have and maintain satisfactory credit according to our standards and policies You agree to provide information thatwe may requestor complete any applications thatwe may provide You to facilitate our review We rely on the credit information You furnish credit bureau reports or other data available from commercial credit reference services and other information such as paymenthistory with us to determine whether to provide or continue to provide You Services The Services we offer You can vary based on Your credit history We may at any time based on Your credit history withdraw or change Services or place limits or conditions on the use ofour Services You agree to provide us updated creditinformation upon request We may provide Your payment historyand other account billing charge information to any credit reporting agencyor industry clearinghouse 21 Fees Payment Sprint may change the price for any Software Service at any time Sprintwill provide You with regular monthlyinvoices of the charges incurred by You and billing data or other billing records If payment is not received in full by the due date on Your bill late fees may be assessed in amounts up to the maximum amount permitted by law in the state of Your billing address In the event of non payment Sprintreserves the rightto suspend Your Services Sprint ma
30. ou agree that priorto using Carefree Clouditis Your responsibilityto ensure any data software information or other files stored on Your computer disk drives peripherals and or on any other electronic storage device is properly backed up eNom Services Application Specific Terms eNom registers a unique address or identifier on the public internet called a domain name and offers value added products and services related to that domain name eNom Services Application The unique address or identifier that is registered by the eNom Services Application is referred to as a Domain Name The following terms apply to Your use of and access to the eNom Services Application eNom Services Application Specific Terms In addition to these eNom Services Application Specific Terms Your use of and access to the eNom Services Application is also governed by the SaaS Terms of Service available at http www sprint com business supportv rates TandCproducis himl as well as anyother written services and transaction materials that we provide or refer You to during the sales transaction collectively Agreement For the purposes ofthis Agreement You means You or the entity that You represent For purposes ofinterpreting these eNom Services Application Specific Terms and the SaaS Terms of Service with respectto the eNom Services Application the eNom Services Application is included in the definition of Service s 659720v1 Spr
31. plorer versions 7 thru 10 Unlike Your Microsoft subscription which allows You to use Your software on up to 5 devices the Sprint Cloud Optimizer Application is only available on a one license per device basis As an example if You want the Sprint Cloud Optimizer Application on Your work computer as well as Your personal computer You would need to purchase two 2 Sprint Cloud Optimizer licenses 6 Your sublicense ofthe Sprint Cloud Optimizer Application includes the rightto make a copy of the Sprint Cloud Optimizer Application as may be necessaryfor back up and archival purposes You may not distribute registered copies ofthe Sprint Cloud Optimizer Application to third parties You may not rent lease or lend the Sprint Cloud Optimizer Application 7 You acknowledge and understand thatthe Sprint Cloud Optimizer Application will use hard disk space on Your device to enable the bandwidth savings and offline use The cached information will remain accessible on Your hard disk until You delete the cached information or uninstall the Sprint Cloud Optimizer Application Switch Application Specific Terms https Awww switch co legal Symantec Cloud Services Agreement Application Specific Terms http static s ymanteccloud com estore en Product SHEP NEW SHEP EULA pdf Uberconference Application Specific Services Terms of Use https www uberconference com legal 657141v1 Sprint Proprietary Information Rev 08 27 2014 Page 13 of 13
32. reduction of bandwidth needs bylessening the network traffic when using any web based or SharePointsite while online 4 If You choose notto continue Your paid subscription to the Sprint Cloud Optimizer Application Sprint offers a limited version ofthe Sprint Cloud Optimizer Application that enables one ofthe four features listed above at no additional charge The limited version only performs one feature It provides a reduction of bandwidth needs by lessening the network traffic only when using Your specific Microsoft Office 365 online applications including Microsoft SharePoint Microsoft Word Microsoft Excel Microsoft PowerPoint or Microsoft OneNote In the event You cancel Your paid subscription for the complete version ofthe Sprint Cloud Optimizer Application You may assign Your users to use the limited version of the Sprint Cloud Optimizer Application at no additional charge as long as You remain a Microsoft Office 365 subscriber Each Microsoft Office 365 subscriber seat downgraded or canceled will resultin the cancelation of the same number ofthe limited version of Sprint Cloud Optimizer seat s 5 Your license ofthe Sprint Cloud Optimizer Application is conditioned on Your device meeting minimum system requirements including but not limited to using a validly licensed copyof Microsoft Windows XP Microsoft Windows Vista Microsoft Windows 7 or 8 includes Surface Pro and Surface Pro 2 but not RT and Microsoft Internet Ex
33. roperty You agree that no data transmitted over Sprintnetworks or the Internet is guaranteed to be secure Sprintand its Third Party Providers do not guarantee that any data that You submitto Sprint or its Third Party Providers will be free from unauthorized intrusion 32 You Agree That We Are Not Responsible For Certain Problems You agree that neither we nor our parent subsidiary or affiliate companies nor our vendors suppliers or licensors are responsible for any damages delay interruption or other failure to perform resulting from a anything done or not done by someone else b providing or failing to provide Services c Data Content or information accessed while using our Services d information or communication thatis blocked by a spam filter d damage to any computer or equipmentused in connection with the Software Services or damage to or loss ofany information stored on Your computer equipment or Sprint storage space from Your use of the Services or f damage to Your computer or equipment from viruses worms or downloads of malicious content materials data text images video or audio or i things beyond our control including acts of God for example weather related phenomena fire earthquake hurricane etc riot strike war terrorism or governmentorders oracts You should implement appropriate safeguards to secure Your computer or equipmentand to backup Your information stored on each 33 Limitation of Liabil
34. roprietary Information Rev 09 30 2015 Page 10 of 13 3 1 Registrant Rights and Responsibilities You agree to complywith Domain Name registrants rights and responsibilities Registrant Rights and Responsibilities created by the Internet Corporation for Assigned Names and Numbers ICANN The current version of the Registrant Rights and Responsibilities is available at htto Awww icann org en res ources registrars registrant rights responsibilities for posting on registrar websites 3 2 Sharing of Whois Information You agree to allow Sprint pursuantto ICANN to make publicly available Your registration information Information regarding ICANN s guidelines and requirements regarding WHOIS are available at http www icann org en res ources registrars http www icann org registrars wdrp htm and elsewhere on the ICANN website at http www icann org 3 3 Transfer Procedures You are permitted to transfer Your Domain Name to another provider Transfers are governed by ICANN s transfer policy which is available at htto www icann org transfers including the Registrar Transfer Dispute Resolution Policy which is available at htto Awww icann org en transfers dispute policy 12jul04 htm 3 4 Consensus Policies You agree to be bound by all ICANN consensus policies and all policies of any relevant registry including but not limited to the Uniform Domain Name Dispute Resolution Policy UDRP which is available at htto Awww ic
35. software content data text images video or audio content or other services or materials made available to You by any third party other than Sprint in connection with the Software Services 659720v1 Sprint Proprietary Information Rev 09 30 2015 Page 7 of 13 36 3 Third Party Provider means anyvendors or suppliers other than Sprintthat provide any of the underlying products and services that comprise the Software Services 36 4 Your Data means anyof Your personallyidentifiable information Your personal health information and any other data that You upload copy to or in any way submitto Sprint or transmitvia the Software Services Your Data does not include any data You submitto any parties other than Sprintby any means Sprint Acceptable Use Policy htto www sprint com legalagreement html INTNAV CMS LGL Acceptable Use Policy acceptable APPLICATION SPECIHC TERMS Airwatch Software Terms of Use Application Specific Terms http Awww air watch com downloads legal 201406 Termsofservice sn pdf Carefree Cloud Terms and Conditions Sprint s Carefree Cloud Service Carefree Cloud offers several levels of white glove support including assistance with migration deployment onboarding and user support for the software services available through Sprint s Productivity Marketplace The following terms applyto your use of and access to Carefree Cloud Carefree Cloud Terms In addition to these Carefree Cloud Terms yo
36. the Software Services andto share the email address with Third Party Providers so that they may also communicate with You via email Sprint and the Third Party Providers may also use Your email to tell You about Sprint or Third Party Provider products and services unless You have asked notto receive marketing emails from Sprintor the Third Party Providers Further You understand and agree thatthe email address that You provide constitutes Your Data and is subjectto the provisions ofthis Agreementrelating to Your Data including Sections 13 through 17 8 Electronic Signature and Disclosure Consent Notice You agree to the use of electronic documents and records in connection with Your registration for Software Services and all future documents and records in connection with Software Services including withoutlimitation this electronic signature and disclosure notice and thatthis use satisfies anyrequirementthatwe provide You these documents and their contentin writing If You do not agree do not accept this Agreement You have the right to receive a paper copy of all documents and records You may i obtain a paper copy of any documentor record free of charge ii withdraw Your consentto the use of electronic documents and records or iii update Your contact information by calling Customer Care at855 234 1825 or updating Your information atsprint com To receive or access electronic documents and records You musthave the following equipmentand sof
37. tination of the Services You use as well as some other information found on Your bill CPNI Under federal law You have the right and we have a duty to protect the confidentialityof Your CPNI For example we implement safeguards that are designed to protect Your CPNI including authentication procedures when You contact us For some accounts with a dedicated Sprint representative we may rely on contacting Your pre established point of contact as the standard authentication measure 17 2 You agree that we may contact You for Service related reasons through the contactinformation that You provide through the Services to which You subscribe or through other available means including textmessage email fax recorded message mobile residential or business phone or mail 18 Remote Access If You contact Sprint for technical assistance Sprintor its agents mayneed remote access to Your computer If You specificallyconsentat the time of access You grant Sprint the Third Party Providers and each of their agents permission to view access install software on and control Your computer smartphone or other 659720v1 Sprint Proprietary Information Rev 09 30 2015 Page 4 of 13 device for the limited purpose of activating supporting maintaining upgrading and repairing the Software Services You may authorize account administrators to make changes to Your Services which will include the authority to make upgrades and additional purchases
38. ts Online Use Rights agreement do not order access oruse the MOS Applications 6 Intellectual Property a UseofMarks Nothinginthe MOS Application Specific Terms grants either party any right title interest or licenseinorto any of the other party s marks 657141v1 Sprint Proprietary Information Rev 08 27 2014 Page 11 of 13 b Proprietary Notices You mustnotremove any copyright trademark or patent notices from any materials providedin the MOS Application c Unsolicited Commercial Email You agree not to use either Sprint s or Microsoft s trademarks in connection with the transmission or distribution of unsolicited commercial email You may not use any trademark in any manner that would violate local law or custom or conflict with Microsoft s policies d For further information please visit htto Avww micros oft com en us legal intellectualproperty default as px 7 Your Authority to Use the MOS Application You warrant and representthat You have the necessaryrights to any data software programs or services that You use in connection with Your access to or use of the MOS Application and that such activities do not infringe the intellectual property or proprietaryrights of any third party You agree to access or use the MOS Application a without violating the rights of any third party or purporting to subject Microsoft to any other obligations to You or to any third party and b solelyin a manner thatcomplies with all applicable
39. tware a a device that is capable of accessing the Internet b an Internet browser that supports HTML 4 0 and 128 bit SSL encryption such as Microsoft Internet Explorer 7 and higher Firefox 3 and higher Chrome 3 0 and higher and c software that permits You to receive and access Portable Document Format or PDP files such as Adobe Acrobat Reader 8 0 or higher To retain documents and records Your device must have the ability to download and store PDF files Your access to this page verifies that Your system and device meets the above receipt access and retention requirements You acceptthe terms and conditions of Your order by signing the Agreementor for online orders by checking the Accept and Continue button next to the phrase I ve read and agree to the terms and conditions of my order 9 Application Specific Terms Each Software Service may be subjectto Application Specific Terms which will be provided when You purchase access or use a specific Software Service You are subjectto and responsible for compliance with all Application Specific Terms for the respective Software Services that You purchase access or use 659720v1 Sprint Proprietary Information Rev 09 30 2015 Page 3 of 13 10 Third Party Content and Services Third Party Content and Services may be made available to You by parties other than Sprint through the Software Services Sprintdoes not make any representations or warranties regarding any Third Par
40. ty Contentand Services Your use of Third Party Contentand Services is at Your sole risk 11 Online User Manual Sprint provides instructions for using the Software Services in Sprint s Online User Manuals which are accessible atsprint com business support Please refer to the Online User Manuals for details regarding the use and administration of Your Software Services as well as any supportthat You may receive 12 Upgrades and Maintenance Sprintwill perform standard upgrades and maintenance ofthe Services which may occur withoutany prior notice Sprint will use commercially reasonable efforts to provide maintenance and upgrades during off peak hours 13 Your Data You are solelyresponsible for Your Data including a compliance with all applicable laws the AUP this Agreement and any policies and procedures of Sprintor any Third Party Provider b anyclaims relating to Your Data c any claims that Your Data infringes misappropriates or otherwise violates the rights of any other person or entity and d backing up Your Data You agree that Sprint needs access to and use of certain information about You and Your access to and use of the Software Services to provide and improve the Software Services as further described in section 16 Therefore any restrictions on use and disclosure of information by Sprint set forth anywhere except for in this Agreement do not apply to such data accessed or used by Sprint 14 Use of Data On an on g
41. ur use of and access to Carefree Cloud supportis governed by the Software as a Service SaaS Terms of Service which are available at sprint com business support rates TandCproducts html as well as anyother written services and transaction materials that Sprint provides or refers you to during the sales transaction collectively Agreement For the purposes ofthis Agreement You means you or the entity that you represent including Your End User s which means the users who access Your Services For purposes ofinterpreting these Carefree Cloud Terms Carefree Cloud is included in the definition of Service s in the SaaS Terms Capitalized terms used and notdefined in these Carefree Cloud Terms are used as defined in the SaaS Terms of Service 1 Mandatory Arbitration As detailed inthe SaaS Terms of Service we each agree to a mandatory arbitration provision that provides that except for matters properlybroughtto small claims court anyclaim controversy or dispute of any kind between You and Sprint mustbe resolved by final and binding arbitration on an individual and nota class wide or consolidated basis 2 Charges Except as specified in Your order and confirmation emails Sprint reserves the right to start charging for any Carefree Cloud Service at any time and to change the status of any Carefree Cloud Service from unpaid to paid at any time If you have questions about whether Sprintcharges fora specific Carefree
42. vision shall be null and void 6 5 4 We each are responsible for our respective costs including our respective counsel experts and witnesses Sprintwill pay for any filing or case managementfees associated with the arbitration and the professional fees for the arbitrator s services 6 5 5 An arbitrator s award will be a written statementofthe disposition ofeach claim and will also provide a concise written statementofthe essential findings and conclusions which form the basis ofthe award The arbitrator s decision and award is final and binding with some limited court review under the FAA and judgmenton the award may be entered in any court with jurisdiction 6 5 6 As an alternative to arbitration we may resolve Disputes in small claims courtin the county of Your mostrecentbilling address In addition this arbitration agreementdoes notprevent You from bringing Your Dispute to the attention of any federal state or local governmentagency Such agencies can if the law allows seek relief against Sprinton Your behalf 7 Consent to Electronic and Email Communications You agree to electronic invoice delivery via email confirm Your ability to access Your invoice online and understand that You can change electronic delivery at any time You also agree that You will promptly provide Sprintwith an updated email address if Your email address changes Sprint reserves the right to use the email address that You provide to communicate with You about
43. y also charge You any costs Sprint pays to a collection agencyto collect unpaid balances from You Sprint s monthlycharges for the Software Services exclude taxes Sprint Surcharges and state and local fees if applicable 22 Your Bill Your bill provides You notice of Your charges It reflects monthlyrecurring charges usually billed one bill cycle in advance fees taxes Surcharges product and equipmentcharges subscription charges and usage transaction specific charges usuallybilled in the bill cycle in which they re incurred Some usage charges suchas those that depend on usage information from a third party may be billed in subsequentbill cycles and result in higher than expected charges for that month Bill cycles and dates may change from time to time Your bill may also include other important notices for example changes to Your Agreement to Your Service legal notices etc Paper bills maynot include itemized billing detail More specific billing information is available online Paper bills may be subjectto an additional charge Unless prohibited bylaw other charges for example data Services or taxes and surcharges will notinclude itemized detail but will be listed as total charges for a category If You choose Internet billing You will not receive paper bills 23 Taxes amp Government Fees You agree to pay all federal state and local taxes fees and other assessments that we re required by law to collect and remitto the
Download Pdf Manuals
Related Search