Talk to an expert

Legal

  • Notice of Rights to Our SubscribersDownload PDF
  • Equipment Compatibility and UseDownload PDF
  • Backup Battery NoticeDownload PDF
  • Subscriber Privacy PolicyDownload PDF
  • CPNI DisclosureDownload PDF
  • AutoPay Terms & ConditionsDownload PDF
  • Early Termination Fees – Large Enterprise ClientsDownload PDF
  • Mobile Accounts Portals – Terms & ConditionsDownload PDF
  • Liberty Mix for Business Plans – Essentials, Enhanced, UltraDownload PDF
  • Liberty Commercial Services AgreementDownload PDF
  • Law Enforcement GuidelinesDownload PDF
  • Terms and Conditions Digital Helpdesk

    These Digital Helpdesk Terms and Conditions ("Terms") govern your use of the digital help desk services ("Helpdesk Service") that Liberty Communications of Puerto Rico LLC and its respective subsidiaries and affiliates (collectively, "Liberty", or "we", "us", or "our") offer to its business customers. The Helpdesk Service includes all interactive features and communications we provide in connection with the digital helpdesk, however accessed or used, that we operate, make available now or in the future, produce, or maintain (collectively, the "Digital Helpdesk"). Using the Digital Helpdesk constitutes your acceptance of these Terms and your agreement to be legally bound by these Terms. You further agree to these Terms on behalf of the company or other legal entity for which you are acting ("Client") (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual (in either case, "you"). You represent and warrant that you have the right and authority to act on behalf of and bind such entity (if any) and yourself. If you do not agree to all of the Terms, you are not authorized to use the Digital Helpdesk and you must immediately cease your use of the Digital Helpdesk.

    You must be an adult of legal age of majority in the state or country of residence where you live to enter into the agreement that is created by these Terms. You are legally and financially responsible for all of your acts and omissions while using or accessing the Helpdesk Service, including the actions of anyone using your Account (as defined below). You affirm that you have reached the legal age of majority, understand and accept these Terms.

    The Terms do not modify or supersede any terms applicable to other products purchased by Client from Liberty ("Liberty Business Products"). These terms supplement and incorporate by this reference the Liberty Commercial Service Agreement (the "Agreement") and Privacy Policy. To the extent there is a direct conflict between the Agreement and these Terms, these Terms will prevail solely to the extent applicable to the Helpdesk Service.

    We reserve the right to change these Terms. If we change these Terms, we may provide notice of material changes and such notice may include communications through the Helpdesk Service, via regular mail or, in the event you have opted-in to receiving servicing messages electronically, via a message to the email address or phone number provided. We will also update the "Last Updated" date at the top of these Terms when we make changes. Your continued use of the Helpdesk Service after the changes are posted or made available to you is deemed to be your acceptance of the changes made. If you do not agree to any revised Terms, you must immediately cease your use of the Helpdesk Service and delete or uninstall any mobile properties. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Helpdesk Service.

    1. GENERAL ACCESS AND USE

    (a) Objective

    To offer you guidance on the creation and modification of profiles on the following platforms:

    • Facebook
    • Instagram
    • Linkedin
    • Pinterest
    • Twitter
    • YouTube
    • Yelp
    • WhatsApp Business
    • Google My Business

    for the promotion of your business, products and/or services (in accordance with applicable law).

    To provide remote technical assistance in IT issues covered by the following scope:

    (b) Operating Systems

    The Helpdesk Service includes configuration, resolution of issues and/or incidences, installation (as long as you can provide the original license and necessary means) and uninstallation of operating system software.

    This Helpdesk Service does not include training on the use of the operating system, or any other software. This Helpdesk Service will help solve specific issues, questions, and incidences related with:

    • Windows: XP – 10
    • MacOs: 10.6 (Snow Leopard) a 10.14 (Mojave)
    • Linux: Ubuntu 19.04, Fedora 30, Open SUSE 15.1, Debian 10.0, Red Hat 8, CentOS 7
    • iOS: 7.1.2 y 12.3.2
    • Android: Ice Cream Sandwich 4.0 – Pie 9.0
    • Windows Phone OS: 8.0 – 10 Mobile

    (c) Hardware

    Initial hardware settings, operating system synchronization, and network connection if necessary. You must provide the necessary drivers.

    • PC
    • Smart TV
    • Peripherals (webcam, printer, scanner, external hard drive, etc.)
    • Smartphones
    • Tablets
    • Multimedia devices (Apple TV, Chromecast, Roku, etc.)

    (d) Software

    Installation, configuration, customization, and resolution of specific incidences related to the most common business/office software. The User must provide original license and installation means. Support will not be given to illegal or illegally obtained software.

    • Microsoft Office Suite (Word, Excel, Outlook, PowerPoint, etc.)
    • Open Source (Open Office, Libre Office, etc.)
    • Web Browsers (Google Chrome, Microsoft Internet Explorer, Microsoft Edge, Mozilla Firefox, etc.)
    • Multimedia software (Windows Media Player, VLC, Spotify, iTunes, Quick Time, Real Player, codecs)
    • Compressors (Winzip, WinRar, 7zip)
    • Peer to peer (Mega, eMule, Kazaa, eDonkey, Ares, Frostwire, BitTorrent, uTorrent, etc.)
    • Antivirus and firewalls (Bitdefender, Microsoft Security Essentials, Symantec, McAfee, Avast, AVG, Avira, etc.)

    (e) Cloud storage and streaming

    Account creation, app download, installation, and configuration on compatible devices, optimization for the intended use.

    • Video Streaming: Netflix, Amazon Prime, HBO Go, etc.
    • Audio Streaming: Spotify, Apple Music, Google Play Music, Deezer, etc.
    • Cloud Storage: Dropbox, OneDrive, eLife Drive, Google Drive, Mega, etc.

    Support from the Digital Helpdesk may be requested by any User with an Account.

    The above products may require your agreement to a license or other terms with a third party to use, download, or install such products. Your use of these products are governed by such applicable terms and you are solely responsible for complying with these terms. You understand and agree that Liberty is not responsible for any information or data you may share with these third parties.

    2. CREATING AN ACCOUNT TO ACCESS THE HELPDESK SERVICE

    (a) To create an account to use the Helpdesk Service (an "Account"), you or others authorized by you (a "User") may be required to register with personal information such as a username, account name or password ("Registration Data"). You represent and warrant that any information provided during the registration process or in connection with the Account will be accurate and complete at all times and that you and/or the User will not register or attempt to register under another person's name. You agree that you are responsible for all acts and omissions of your Users including any violations of these Terms.

    (b) We do not permit credential sharing, and you agree that you and each User will keep the Registration Data confidential and secure. You and your Users will not permit any third party to log on to the Helpdesk Service using your Registration Data. You assume responsibility for all activities that occur under your Registration Data, and you agree to notify us immediately if the confidentiality of your Registration Data is compromised. We will not be liable for any loss you may suffer as a result of someone else using your Registration Data. To protect the security of the Helpdesk Service and your Account, we may terminate or suspend your use of the Helpdesk Service, your Account, change your username or password, request additional information before we authorize transactions on your Account, or take other reasonable actions. We also reserve the right to reject or cancel any username that, in our judgment, is deemed offensive. You and your Users are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Helpdesk Service. Please note that anyone able to provide your personally identifiable information may be able to access your Account so you should take reasonable steps to protect your personally identifiable information.

    (c) Once registered, you can request support from the Helpdesk Service at any moment, 24 hours a day, 365 days a year, in an immediate and unlimited manner (both in number or time of the support requests). This support excludes unforeseen scenarios or cases of force majeure (as set forth in Section 14(a) below).

    3. USING THE HELPDESK SERVICE

    (a) The Digital Helpdesk is available for use to up to 10 Users registered by Client on the platform designated by Client. These 10 Accounts and Users must agree to the Terms.

    To initiate the IT support or online presence guidance request, You must:

    • Log in to the Smart Solutions Portal: puertorico.cloud.flowbusiness.co to request assistance by chat or ticket, call and select option 6 for telephone assistance or send an email to [email protected].
    • Describe the IT incident with which you need help or specify on which platform you want to create or modify a business profile.
    • Provide the information requested by the technical support agent or community manager, including the business data that you wish to have guidance on creating the profile on the social network of your choice. The information must be true, complete and up to date.
    • By accepting remote computer assistance, you acknowledge and accept that the person providing remote assistance will have the ability to see the contents on the User's computer, and so the User is responsible for maintaining the confidentiality and security of your information or data, for instance by limiting the number of windows open that may be available during a support session. You are encouraged to save and back up your information or data before contacting the Helpdesk.
    • The User will be responsible for creating and adding a description about his business, the products or services that he sells, as well as the payment methods directly accepted in his business.
    • The User may place direct service hours for their business.

    We are NOT responsible for verifying the completeness or accuracy of the information and data provided to us by the User to receive the Helpdesk Services, and we are not responsible for our inability to resolve your concerns where the User has not provided complete or accurate information or data.

    Once the information is provided, generally in a period of 3 to 5 business days, a notification will be sent to the email address provided by the User, indicating that the business profile has been created on the social network, on said notification, the "user" and the "password" to enter the profile will be found.

    (b) Scope

    Recommendations will be provided for the creation and/or modification of a business profile on social networks and advice will be provided, including:

    • How to create a business social network?
    • What is the difference between an organic and a paid publication?
    • How to create an account to manage business profiles?
    • How often is it recommended to post?
    • Change of name.
    • Change of address.
    • Adjustments on the hours of operation.
    • Setting contact information.
    • Advice on how to change the cover profile image for each social network.
    • Recommendations of image measures for each social network.
    • Differences between business profiles and personal profiles.
    • Assist the User, side by side, to create their profile based on business needs.
    • Explanation of each social network and its main objectives.
    • The Helpdesk Services are limited by the terms and conditions that are applicable for each social network. Therefore, the User accepts that the information and data they provide will be processed by the social network, as it is directly responsible for its website. The User will adhere to the Privacy Policy, Cookie Statement, Policies Refund, Terms and Conditions, Anti-Spam Policy and others applicable policies, established in the official pages of each social network.

    If authorized by the User, we may offer remote assistance where we will take remote control of the User's equipment in order to see on the screen the procedures carried out by the agent. During remote assistance, we may review the equipment that reports the incident and, under the User's authorization, the necessary steps to resolve it or to create the business profile. The User will always be responsible for providing the necessary information and it will be mandatory for them to be present during remote assistance to provide the information or authorize procedures.

    In order to comply with the applicable laws and software policy, any action on the operating systems and supported applications will require that the User be in the possession of a legitimate copy of them, including the valid key and installation medium provided by the manufacturer. In cases where the devices have unlocked or illegal operating systems, we will not be able to ensure the provision of the service.

    In the case of support for peripherals and mobile devices, it will be necessary for the User to connect the device to their computer, by cable. The management of this type of queries remotely will vary depending on the manufacturer of the device, the operating system, version and firmware revision, the latest versions being usually the optimal ones. Also, the scope will vary depending on the capabilities of the management software distributed by the device manufacturer. The management software and/or drivers from the device manufacturer must be provided by you, or they must be available on the manufacturer's website. Such software must be compatible with the operating system installed on your computer.

    We will not be able to ensure the correct provision of the Helpdesk Services in the event that the language of the operating system and/or supported applications is different from the language on which the provision of this service is based.

    (c) Limitations

    You acknowledge and accept that the scope of the Helpdesk Service is limited to what is contained in these Terms. This Service will be available to You as long as Client maintains its status as active as a Liberty customer as well as the Service. This Service is limited to providing suggestions to the User on how to create profiles and social networks for Client.

    • Training on applications or use of technology, training on the same query advanced or repetitive will not be provided.
    • The software or materials that are necessary to solve any incident, or the repair of physical damage.
    • The installation/configuration of software not contemplated in the scope of the service, or cracked or illegal programs.
    • Re-installations of the LINUX operating system.
    • Support for teams with Unix operating systems, LAN networks, servers and switches.
    • Faults related to ADSL connectivity.
    • Support for Access, Macros, pivot tables, complex formulas or statistical systems in Excel.
    • Support for applications developed specifically for a company on MS Office products (Outlook, Word, Excel, Access, Power Point).
    • Recovery Information.

    Helpdesk Service does not include support to answer the interactions in each profile or social network, meaning that it will not provide an administrator to follow up on the requests that may come from the generation of the account in said social network.

    • Strategy: It does not include the strategy that will be carried out for each business.
    • Creativity: It does not include artwork to be used.
    • Integration: It does not link social networks with services that help complement the achievement of your objectives, CRM, online store, chatbots and more.
    • Advertising: It does not include creation and management of advertising campaigns for the correct implementation of the budget, Facebook Ads, Instagram Ads, Twitter Ads.

    Without limiting any terms below, you acknowledge and accept that your use of the Helpdesk Service will be at Your sole risk and/or responsibility.

    (d) By using the Helpdesk Service, you consent to us collecting and using technical information about your use of the Helpdesk Service to improve the Helpdesk Service, our products and to provide any services to you.

    4. THIRD PARTY PRODUCTS

    The Helpdesk Service may interact with or we may provide you with content, information, documents, applications and other software, services or similar material of a third party (collectively, "Third-Party Products") in connection with the Helpdesk Service. Any such Third Party Products may be governed by different terms found in such Third Party Products (collectively, "Third-Party Terms"). You take sole responsibility for determining, obtaining and complying with all Third-Party Terms. We will have no responsibility for, and makes no representations and warranties regarding, any Third Party Products or your use of such Third Party Products. You are solely responsible for and we are not liable for your compliance with such Third-Party Terms.

    5. SUSPENSION AND TERMINATION

    (a) We reserve the right to terminate your use of the Helpdesk Service if: (a) you fail to fully comply with any of the provisions of the Terms, or any other provisions, agreements or policies that apply to the Helpdesk Service and its use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. We will also terminate your right to access and use the Helpdesk Service if you terminate the Client account.

    (b) We may also suspend or terminate your Account or use of the Helpdesk Service if you fail to pay all amounts due related to your Helpdesk Account. We will restore the Helpdesk Service when you prove that you have settled any debt; with the understanding that if, after the established number of business days of having suspended the service, Liberty Puerto Rico does not receive the corresponding payment, Liberty Puerto Rico may cancel the service without any responsibility and without the need for a judicial declaration. This cancellation does not exclude the User from the pending payment of the services provided by Liberty.

    (c) You may request the cancellation of your use of the Helpdesk Service by calling the Service Center.

    (d) If your use of the Helpdesk Service is terminated for any reason, you understand that you will no longer have access to the Helpdesk Service or to the information contained on it, so it will be your responsibility to backup or delete of the content of the information. We will have no obligation to maintain or provide any of your information and data and we will delete your information and data in accordance with our standard policies, unless prohibited by applicable law.

    6. PRIVACY

    Data collection and use, including data collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.

    7. LICENSE; CONTENT; TRADEMARKS

    (a) Subject to the limitations stated elsewhere in the Terms, we hereby grant you a revocable, nonexclusive, nontransferable, non-assignable, non-sublicensable license to download and use the Helpdesk Service. You understand and agree that the Helpdesk Service is subject to certain licensing and copyright agreements, as well as other restrictions, as outlined in the Terms. You shall not use the Helpdesk Service other than for its intended use and as governed by the Terms and applicable law, or assist anyone else to do so. The Helpdesk Service is for individual, private, personal, non-commercial use; and is not for resale or distribution under any circumstances. We may, at our discretion, monitor your use of the Helpdesk Service, at any time, for compliance with these Terms or usage policies (or any related purposes). You shall not take any actions to alter or avoid any security or access controls or restrictions associated with the Helpdesk Service.

    (b) Except for information or data owned by you, the materials available through the Helpdesk Service are the property of Liberty or its licensors and are protected by copyright, trademark, and other intellectual property laws ("Liberty Content"). Liberty grants you a limited, revocable, non-exclusive, non-transferable license to access and view the Liberty Content. Except for the limited licenses expressly granted to you in these Terms, Liberty and its licensors reserve all rights and licenses in the Helpdesk Service and the Liberty Content therein. You may not reproduce or modify the Helpdesk Service or the Liberty Content without the prior written consent of its owner. You may not distribute copies of the Liberty Content in any way (including by email or other electronic means), without the prior written permission of their owner. Requests for permission to reproduce or distribute the materials found on the Helpdesk Service should be sent to: Liberty Communications of Puerto Rico, PO Box 199296, San Juan, PR 00919.

    (c) All Liberty trademarks, service marks, trade names, logos or graphics appearing on the Helpdesk Service or in the Liberty Content (including the names of any particular desktop or mobile apps) (collectively, the "Marks") are owned by Liberty or one of its licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks without our prior written consent or the consent of the trademark owner (in the case of our licensors).

    8. RESTRICTIONS

    (a) You agree and acknowledge that the Helpdesk Service is licensed by Liberty and its licensors and not sold. Liberty or its licensors retain all right, title, and interest in and to the Helpdesk Service, the Liberty Content and other subject matter contained in or made available through the Helpdesk Service, and all related intellectual property rights. You obtain no rights in or to the Helpdesk Service under these Terms or any Liberty Content or other subject matter made available through the Helpdesk Service.

    (b) Without limitation, you agree not to use the Helpdesk Service, whether directly or indirectly: (i) for any activity that, in our sole discretion, adversely affects our network, or the ability of other people to use or enjoy the Helpdesk Service; (ii) to access, or attempt to access, without authority, the accounts of others, or penetrate, or attempt to penetrate, security measures of our system; (iii) for any unlawful purpose, including (without limitation) the violation of relevant copyright; (iv) to distribute unsolicited bulk or commercial messages, commonly known as "spam;" or (v) to impersonate another user, or engage in phishing or any other fraudulent activity. We reserve the right, without notice to anyone, to deny, disconnect, modify and/or terminate the service of anyone we believe is using the Helpdesk Service in any prohibited manner. In addition, you shall not (i) reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any Liberty Content or other portion of the Helpdesk Service; (ii) circumvent any user limits or other timing, use or functionality restrictions built into the Helpdesk Service; (iii) use any robot, spider, scraper, or other automated means to access the Helpdesk Service for any purpose without our prior written consent; (iv) engage in the systematic retrieval of data or other content from the Helpdesk Service to compile any databases without our prior written consent; (v) remove any proprietary notices, labels, copyright or Marks from the Helpdesk Service; (vi) capture, rip, download, frame or mirror any content forming part of the Helpdesk Service; or (vii) access the Helpdesk Service in order to (1) build a competitive product or Helpdesk Service, or (2) copy any ideas, features, functions or graphics of the Helpdesk Service.

    (c) You agree that your use of the Helpdesk Service is your sole responsibility and subject to all applicable laws and regulations. We, in our sole discretion, or any of our licensees, may prosecute you and other responsible parties in the event that the Helpdesk Service are used for any unlawful purpose. In accordance with Section 12 below, you agree to indemnify us in the event of any such violation by you or anyone using the Helpdesk Service on your device.

    9. DISCLOSURE OF MESSAGING/COMMUNICATIONS

    You are solely responsible for any information you submit or post through the Helpdesk Service. By using the Helpdesk Service, you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening, illegal and/or any other material that violates these Terms. We reserve the right (but assume no obligation) to monitor, remove, move or edit any communication that we deem unacceptable or inappropriate, whether for legal or other reasons, that comes to our attention. We will comply with all legal requirements regarding disclosure of communications or postings to third parties through the Helpdesk Service, including to law enforcement agencies as well as parties to civil lawsuits.

    10. ACCEPTABLE USE POLICY

    You agree to comply with any Acceptable Use Policies referenced in the Agreement. Liberty maintains sole discretion to determine whether an activity falls within the scope of prohibited uses and Liberty may take any and all actions necessary to prevent and stop prohibited uses including but not limited to the suspension, reduction, or termination of your access to Liberty services and networks without prior notice. Prohibited use or activity may result in criminal and civil liability.

    11. FEEDBACK

    Liberty welcomes your comments about the Helpdesk Service as well as our Products or other offerings. However, any communication you send to Liberty will be deemed submitted on a non-confidential basis and will become the exclusive property of Liberty. Liberty may, in its sole discretion, reproduce, use, publish, modify, publish, distribute or otherwise use these communications in any way and for any purpose. Any use Liberty makes of such communications shall not entail any liability or obligation for the user. These uses may include, for example, the use of the content of such communications, including the works, trademarks or names, ideas, inventions, concepts, techniques or know-how disclosed on the Helpdesk Service for any purpose, without any obligation to compensate the author of such communications and without any liability to that person.

    12. INDEMNIFICATION

    Without limiting any indemnification obligations in the Agreement, you agree to indemnify, defend and hold Liberty (including its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, licensees, suppliers, etc.) harmless from all claims, losses, costs, damages and expenses (including attorneys' fees) resulting from any violation of these Terms or unauthorized use of the Helpdesk Service. Your indemnification obligation will survive the termination of these Terms. We reserve the right to assume the exclusive defense and control of any matter relating to these Terms, subject to indemnification by you, and you agree to cooperate with Liberty in our defense.

    13. DISCLAIMER

    WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT, YOU AGREE THAT YOUR USE OF THE HELPDESK SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THE UNCERTAINTY OF ELECTRONIC DISTRIBUTION, INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS THAT ARE POSSIBLE. THEREFORE, IF YOU RELY ON THE HELPDESK SERVICE, PLEASE NOTE THAT YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA RESULTING FROM ANY USE OF THE HELPDESK SERVICE. THE HELPDESK SERVICE ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. LIBERTY AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH OR WITH THE ACCOUNT PORTALS, NOR DO THEY WARRANT THAT THE HELPDESK SERVICE ARE ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR THAT THE HELPDESK SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL LIBERTY (INCLUDING ITS PARENTS, SUBSIDIARIES AND/OR AFFILIATES) OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES CAUSED BY THE USE OR MISUSE OF THE HELPDESK SERVICE, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR DAMAGES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, AND OTHER ACTIONS FOR DAMAGES. BECAUSE SOME STATES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE MAY NOT APPLY TO YOU. IN THOSE STATES OR TERRITORIES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY IS NOT PERMITTED, THE LIABILITY OF LIBERTY AND ITS LICENSORS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH STATE OR TERRITORY LAW. YOU AGREE THAT THE LIABILITY, IF ANY, OF LIBERTY (INCLUDING ITS PARENTS, SUBSIDIARIES AND/OR AFFILIATES) AND ITS LICENSORS ARISING OUT OF ANY TYPE OF CAUSE OF ACTION IN ANY WAY RELATING TO THE HELPDESK SERVICE SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).

    14. MISCELLANEOUS

    (a) Force Majeure

    We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God such as hurricanes and earthquakes, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

    (b) Disputes

    Any disputes you may have with respect to the Helpdesk Services will be resolved under the terms set forth in the Agreement.

    (c) Notice

    If you wish to contact us in writing, or if any condition in the Terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected].

  • Terms and Conditions Website and Online Store Service

    These Website and Online Store Service Terms and Conditions ("Terms") govern your use of the Website and Online Store Service ("Service") that Liberty Communications of Puerto Rico LLC and its respective subsidiaries and affiliates (collectively, "Liberty", or "we", "us", or "our") offer to its business Clients and includes all templates, products, tools, services and interactive features and communications we provide in connection with the Service, however accessed or used, that we operate, make available now or in the future, produce, or maintain. The Services include the ability to register a domain name and build a website and/or online store. Using the Service constitutes your acceptance of these Terms and your agreement to be legally bound by these Terms. You further agree to these Terms on behalf of the company or other legal entity for which you are acting ("Client") (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual (in either case, "you"). You represent and warrant that you have the right and authority to act on behalf of and bind such entity (if any) and yourself. If you do not agree to all of the Terms, you are not authorized to use the Service and you must immediately cease your use of the Service.

    You must be an adult of legal age of majority in the state or country of residence where you live to enter into the agreement that is created by these Terms. You are legally and financially responsible for all of your acts and omissions while using or accessing the Service, including the actions of anyone using your Account (as defined below). You affirm that you have reached the legal age of majority, understand and accept these Terms.

    The Terms do not modify or supersede any terms applicable to products purchased by Client from Liberty ("Liberty Business Products"). These terms supplement and incorporate by this reference the Liberty Commercial Service Agreement (the "Agreement") and Privacy Policy. To the extent there is a direct conflict between the Agreement and these Terms, these Terms will prevail solely to the extent applicable to the Service.

    We reserve the right to change these Terms. If we change these Terms, we may provide notice of material changes and such notice may include communications through the Service, via regular mail or, in the event you have opted-in to receiving servicing messages electronically, via a message to the email address or phone number provided. We will also update the "Last Updated" date at the top of these Terms when we make changes. Your continued use of the Service after the changes are posted or made available to you is deemed to be your acceptance of the changes made. If you do not agree to any revised Terms, you must immediately cease your use of the Service. We encourage you to review the Terms from time to time.

    1. DEFINITIONS

    • Admin Panel — the tool that allows you to manage and use the Service.
    • Client — the person or company that purchases and/or activates the Service.
    • DNS — the System that translates IP addresses into domain names.
    • Device — the Client's desktop or laptop.
    • Domain Name — the name that, on behalf of the Client, will be registered by Liberty under an authorized registrar, and will be used to publish Your Site.
    • Information Transfer — the ability to transfer the information generated as a result of visits to your website.
    • Service Manager — person(s) designated by the Client to manage this Service.
    • Software — any software provided to you necessary to log in to or use the Service.
    • Support Center — the center that provides support to the Service. Contact: 1-800-744-0222, [email protected], or chat at puertorico.cloud.flowbusiness.co.
    • URL — the address used to visit a Client's website; incorporates the Domain Name.
    • Your Site — the website and/or online store you create using the Domain Name.

    2. OBJECTIVE

    Establish the Terms under which Liberty will provide the Service, whose features and additional services are further described in these Terms and Annex 1.

    3. REQUIREMENTS FOR THE DELIVERY AND USE OF THE SERVICE

    The Client accepts and recognizes that, for Liberty to provide the Service, you must:

    • Have a Device that meets the necessary requirements to use the Service.
    • Have a broadband service that guarantees reliable use of the Service.
    • Provide Liberty with a valid email address to receive notifications related to the Service.
    • Accept the present Terms.
    • Designate a person as the Service Manager.
    • Provide Liberty the Domain Name that will be registered by Liberty under an authorized registrar as part of the Service.

    4. SERVICE ACTIVATION AND CONFIGURATION

    The Service will typically be activated by Liberty within 3 to 5 business days following a request from you through the platform, provided that all information must be provided. Liberty will send a notification to the email address provided by you, stating that the Service has been activated, and may request any additional information needed from you to set up the Service. The Service Manager will be responsible for activating the Service and will be able to ask the Support Center for assistance during the request process, configuration, or any additional support needed.

    5. SERVICE USER NAME AND PASSWORD

    (a) To create an account to use the Service (an "Account"), you or others authorized by you (a "User") may be required to register with personal information such as a username, account name or password ("Registration Data"). You represent and warrant that any information provided during the registration process or in connection with the Account will be accurate and complete at all times and that you and/or the User will not register or attempt to register under another person's name. You agree that you are responsible for all acts and omissions of your Users including any violations of these Terms.

    (b) We do not permit credential sharing, and you agree that you and each User will keep the Registration Data confidential and secure. You and your Users will not permit any third party to log on to the Service using your Registration Data. You assume responsibility for all activities that occur under your Registration Data, and you agree to notify us immediately if the confidentiality of your Registration Data is compromised. We will not be liable for any loss you may suffer as a result of someone else using your Registration Data. To protect the security of the Service and your Account, we may terminate or suspend your use of the Service, your Account, change your username or password, or take other reasonable actions. We also reserve the right to reject or cancel any username that, in our judgment, is deemed offensive. Please note that anyone able to provide your personally identifiable information may be able to access your Account so you should take reasonable steps to protect your personally identifiable information.

    6. SERVICE ACCESS

    (a) We reserve the right to terminate your use of the Service if: (a) you fail to fully comply with any of the provisions of the Terms, or any other provisions, agreements or policies that apply to the Service and its use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. We will also terminate your right to access and use the Service if you terminate your business Account.

    (b) We may also suspend or terminate your Account or use of the Service if you fail to pay all amounts due related to your Account. We will restore the Service when you prove that you have settled any debt; with the understanding that if, after the established number of business days of having suspended the service, Liberty does not receive the corresponding payment, Liberty may cancel the service without any responsibility and without the need for a judicial declaration. This cancellation does not exclude the user from the pending payment of the Service provided by Liberty.

    7. DOMAIN NAME REGISTRATION

    (a) Liberty will register the Domain Name requested by you with an authorized domain registrar.

    (b) By making the request, you represent and warrant that the request does not violate third party rights of any type, including without limitation the ownership of any registered, copyrighted, or trademarked brand, commercial name, denomination or legal company name.

    (c) You and Client recognize that Liberty cannot guarantee that the requested Domain Name will be available for purchase or will be recognized or accepted by the registrar or domain regulation authority.

    (d) Liberty can refuse to register the Domain Name and request you to choose a new Domain Name if there is a basis to believe that the initially requested Domain Name is offensive, abusive, defamatory, or obscene, or that it infringes copyright for a registered brand, commercial name, or legal name, or of previously registered domains, or is otherwise illegal.

    (e) Liberty will cover the cost of maintenance and renewal fees while you are subscribed to the Service. After the subscription is terminated, you can take the Domain Name by submitting a request to Liberty, which will provide a transfer code. The Client is responsible for choosing the new domain management platform, initiating the transfer process, introducing the code provided by Liberty, covering any required costs, and taking any other actions needed to effectuate the transfer.

    (f) The Client can only obtain one Domain Name. Once a Domain Name has been purchased, the request cannot be cancelled or modified.

    8. WEBSITE AND ONLINE STORE

    (a) This Service is subject to our receipt of all the relevant information from you. The Service includes the creation of up to three (3) content sections, contact form, links to social media accounts, Google map, text and image customization, inclusion of a Google Analytics account, and a WhatsApp button that allows visitors to chat with you.

    (b) All websites are designed to be accurately viewed on screens of all sizes and are optimized for search engines (SEO). However, you understand and agree that search results depend on the content provided by you among other variables, and we make no guarantee of results.

    (c) If you wish to include an Online Store, you must provide information for the first 6 products, including product name, price, description, and images. You can add an unlimited catalogue of additional products.

    (d) For the online store, you must choose a payment method from those already integrated by Liberty into the platform, or offline methods, and a shipping method and pricing. The Client must have an agreement, contract, or account with the payment gateway provider, completely independent from Liberty. All payments will be processed by the chosen platform according to that provider's terms and conditions.

    (e) The Service includes support by chat, phone, or email to allow you as well as the design team to solve any questions.

    9. YOUR CONTENT AND YOUR SITE

    (a) You may provide us with content, including without limitation text, photos, images, music, videos, audio, fonts, logos, stickers, code, and any other materials ("Your Content"). You own your Content; however you agree to grant us the limited rights needed for us to provide, improve, promote and protect the Services as described in these Terms.

    (b) When you provide Your Content to us through the Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform and distribute Your Content for the purposes of allowing us to provide, improve, promote and protect the Services.

    (c) You represent and warrant that you own all rights to Your Content or otherwise have all rights and permissions necessary to use, share, display, transfer and license Your Content via the Services. You represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights.

    (d) Your Site may have visitors, customers and users ("End Users"). You understand and agree that (i) Your Sites, Your Content and your End Users are your responsibility; (ii) you are solely responsible for providing products, services and support to your End Users; and (iii) you are solely responsible for compliance with any laws or regulations related to Your Sites and your End Users. We are not liable for, and will not provide you with any legal advice regarding, Your Sites or your End Users.

    (e) You understand and agree that by operating the Services, we do not represent or imply that we endorse Your Content, or that we believe such Your Content to be accurate, useful, lawful or non-harmful. We are not a publisher of, and we are not liable for, any Your Content uploaded, posted, published or otherwise made available via the Services.

    (f) You further represent and warrant that your use of Your Site and the Services is in compliance with applicable laws, including applicable data protection, security and privacy laws and regulations. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant privacy policy.

    10. SERVICE AVAILABILITY AND INFORMATION STORAGE

    Liberty does not guarantee the uninterrupted operation of the Service. Liberty will use commercially reasonable efforts to provide a service level of 99.9% uptime, excluding any routine maintenance and subject to any force majeure conditions.

    The Client recognizes and accepts that the information for this Service is stored on a shared storage system. We are not responsible for any loss of data and you understand and agree that you are responsible for backing up all of Your Content.

    11. TECHNICAL ASSISTANCE AND SUPPORT

    (a) Liberty offers, with no additional cost for you, technical support to solve any questions or issues that the Service may present. Support is available twenty-four (24) hours a day, seven (7) days a week, except during any planned maintenance time and Force Majeure events. Support will be provided by the Support Center.

    (b) For assistance and support, Liberty will: (i) do an assessment and discuss possible solutions and/or priority; (ii) provide an incident number when the issue cannot be immediately solved; (iii) classify the issue according to how critical it is; (iv) notify you of any change that may affect the time of resolution; and (v) notify you when the issue has been resolved.

    (c) Liberty will use commercially reasonable efforts to resolve the issue before closing the report. If Liberty is not able to communicate with you after three contact attempts within a timeframe of 6 to 8 hours, Liberty will send an email notifying about the resolution of the incidence and close the report. Liberty will not be responsible for addressing issues related to the Client's Device, software installed by the Client, any Third-Party Products, or any issues outside the scope of the Services.

    12. RESTRICTIONS

    (a) Without limitation, you agree not to use the Service, whether directly or indirectly: (i) for any activity that adversely affects our network or the ability of other people to use or enjoy the Service; (ii) to access, or attempt to access, the accounts of others without authority, or penetrate security measures of our system; (iii) for any unlawful purpose, including the violation of relevant copyright; (iv) to distribute unsolicited bulk or commercial messages ("spam"); or (v) to impersonate another user, or engage in phishing or any other fraudulent activity. In addition, you shall not (i) reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any Liberty Content or other portion of the Service; (ii) circumvent any user limits or other timing, use or functionality restrictions built into the Service; (iii) use any robot, spider, scraper, or other automated means to access the Service without our prior written consent; (iv) engage in the systematic retrieval of data to compile databases without our prior written consent; (v) remove any proprietary notices, labels, copyright or Marks from the Service; or (vi) access the Service in order to build a competitive product or copy any ideas, features, functions or graphics of the Service.

    (b) You agree that your use of the Service is your sole responsibility and subject to all applicable laws and regulations.

    13. CLIENT RESPONSIBILITY

    The Client will be responsible for:

    • Having a Device with the necessary characteristics to use the Service.
    • Managing the Service, including the creation of backups.
    • Setting up and managing their access to the Service.
    • Having a reliable internet connection.
    • Notifying Liberty through the Support Center if they suspect an unauthorized third party has gained access to their password or service.
    • The creation, maintenance, and design of the Service, done by Users.
    • Respecting copyrights, registered trademarks, and intellectual property rights within the Service.
    • Not using the service to send unsolicited publicity or promotional material.
    • Registering and renewing all Domain Names used for this Service that were purchased outside of the Service and were not transferred.
    • Taking all actions needed to ensure your use of the Services, Your Site and Your Content will not cause Liberty to be in violation of any laws or otherwise violate the rights of third parties.

    14. TERM AND CANCELLATION

    (a) The validity of the present Terms will enter into effect from the moment you use the Service and will remain in full force until the Services are cancelled or terminated. The term will automatically renew for a period of one year, unless either party gives the other written notice (email acceptable) at least 60 days before the end of the current year in effect.

    (b) We reserve the right to terminate your use of the Service if: (a) you fail to fully comply with any of the provisions of the Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability. We will also terminate your right to access and use the Service if you terminate your business Account.

    (c) We may also suspend or terminate your Account if you fail to pay all amounts due. We will restore the Service when you prove that you have settled any debt; with the understanding that if Liberty does not receive the corresponding payment after the established number of business days of suspension, Liberty may cancel the service without any responsibility.

    (d) Once the Service has been cancelled, you will have 30 days to access Your Site and create a backup of Your Data. After that period, your access to the Service and Your Site will be immediately terminated. The Service cancellation also means that the Domain Name will not be renewed by Liberty. You will be responsible for requesting a Domain Name transfer and covering the related costs and administration.

    (e) The Service may interact with third-party content, applications and software ("Third-Party Products") governed by separate terms ("Third-Party Terms"). You take sole responsibility for determining, obtaining and complying with all Third-Party Terms. We will have no responsibility for any Third-Party Products or your use of such Third-Party Products.

    15. SUSPENSION AND TERMINATION

    (a) We reserve the right to terminate your use of the Service if: (a) you fail to fully comply with any of the provisions of the Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability. We will also terminate your right to access and use the Service if you terminate your business Account.

    (b) We may also suspend or terminate your Account or use of the Service if you fail to pay all amounts due. We will restore the Service when you prove that you have settled any debt; with the understanding that if Liberty does not receive the corresponding payment after the established number of business days of suspension, Liberty may cancel the service without any responsibility.

    (c) If your use of the Service is terminated for any reason, you understand that you will no longer have access to the Service or to Your Content, so it will be your responsibility to backup or download Your Content.

    16. PRIVACY

    Data collection and use, including data collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.

    17. LICENSE; CONTENT; TRADEMARKS

    (a) Subject to the limitations stated elsewhere in the Terms, we hereby grant you a revocable, nonexclusive, nontransferable, non-assignable, non-sublicensable license to use the Service for its intended use and as governed by the Terms and applicable law. The Service is not for resale or distribution under any circumstances.

    (b) Except for information or data owned by you, the materials available through the Service are the property of Liberty or its licensors ("Liberty Content"). Liberty grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Liberty Content. Except for the limited licenses expressly granted to you in these Terms, Liberty and its licensors reserve all rights and licenses in the Service and the Liberty Content therein. Requests for permission to reproduce or distribute the materials found on the Service should be sent to: Liberty Communications of Puerto Rico, PO Box 199296, San Juan, PR 00919.

    (c) All Liberty trademarks, service marks, trade names, logos or graphics appearing on the Service or in the Liberty Content (collectively, the "Marks") are owned by Liberty or one of its licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks without our prior written consent.

    18. DISCLOSURE OF MESSAGING/COMMUNICATIONS

    You are solely responsible for any information you submit or post through the Service. By using the Service, you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening, illegal and/or any other material that violates these Terms. We reserve the right (but assume no obligation) to monitor, remove, move or edit any communication that we deem unacceptable or inappropriate. We will comply with all legal requirements regarding disclosure of communications or postings to third parties, including to law enforcement agencies as well as parties to civil lawsuits.

    19. ACCEPTABLE USE POLICY

    You agree to comply with any Acceptable Use Policies referenced in the Agreement. Liberty maintains sole discretion to determine whether an activity falls within the scope of prohibited uses and Liberty may take any and all actions necessary to prevent and stop prohibited uses including but not limited to the suspension, reduction, or termination of your access to Liberty services and networks without prior notice. Prohibited use or activity may result in criminal and civil liability.

    20. FEEDBACK

    Liberty welcomes your comments about the Service. However, any communication you send to Liberty will be deemed submitted on a non-confidential basis and will become the exclusive property of Liberty. Liberty may, in its sole discretion, use these communications in any way and for any purpose without any liability or obligation to the user.

    21. INDEMNIFICATION

    Without limiting any indemnification obligations in the Agreement, you agree to indemnify, defend and hold Liberty (including its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, licensees, suppliers, etc.) harmless from all claims, losses, costs, damages and expenses (including attorneys' fees) resulting from any violation of these Terms or unauthorized use of the Service. Your indemnification obligation will survive the termination of these Terms. We reserve the right to assume the exclusive defense and control of any matter relating to these Terms, subject to indemnification by you, and you agree to cooperate with Liberty in our defense.

    22. DISCLAIMER OF WARRANTIES AND LIABILITY

    WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT, YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. LIBERTY AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, NOR DO THEY WARRANT THAT THE SERVICE IS ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL LIBERTY OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES CAUSED BY THE USE OR MISUSE OF THE SERVICE, INCLUDING SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF LIBERTY ARISING OUT OF ANY TYPE OF CAUSE OF ACTION RELATING TO THE SERVICE SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).

    23. MISCELLANEOUS MATTERS

    (a) Force Majeure

    We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God such as hurricanes and earthquakes, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body; labor unrest, including strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

    (b) Disputes

    Any disputes you may have with respect to the Services will be resolved under the terms set forth in the Agreement.

    (c) Notice

    If you wish to contact us in writing, or if any condition in the Terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected].

  • Terms and Conditions Business Email Pro

    These Business Email Pro Terms and Conditions ("Terms") govern your use of the Business Email Pro ("Email Service") that Liberty Communications of Puerto Rico LLC and its respective subsidiaries and affiliates (collectively, "Liberty", or "we", "us", or "our") offers to its business customers and includes all interactive features and communications we provide in connection with the Email Service, however accessed or used, that we operate, make available now or in the future, produce, or maintain. Using the Email Service constitutes your acceptance of these Terms and your agreement to be legally bound by these Terms. You further agree to these Terms on behalf of the company or other legal entity for which you are acting ("Client") (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual (in either case, "you"). You represent and warrant that you have the right and authority to act on behalf of and bind such entity (if any) and yourself. If you do not agree to all of the Terms, you are not authorized to use the Email Service and you must immediately cease your use of the Email Service.

    You must be an adult of legal age of majority in the state or country of residence where you live to enter into the contract that is created by these Terms. You are legally and financially responsible for all of your acts and omissions while using or accessing the Email Service, including the actions of anyone using your Account (as defined below). You affirm that you have reached the legal age of majority, understand and accept these Terms.

    The Terms do not modify or supersede any terms applicable to other products purchased by Client from Liberty ("Liberty Business Products"). These terms supplement and incorporate by this reference the Liberty Commercial Service Agreement (the "Agreement") and our Privacy Policy. To the extent there is a direct conflict between the Agreement and these Terms, these Terms will prevail solely to the extent applicable to the Email Service.

    We reserve the right to change these Terms. If we change these Terms, we may provide notice of material changes and such notice may include communications through the Email Service, via regular mail or, in the event you have opted-in to receiving servicing messages electronically, via a message to the email address or phone number provided. We will also update the "Last Updated" date at the top of these Terms when we make changes. Your continued use of the Email Service after the changes are posted or made available to you is deemed to be your acceptance of the changes made. If you do not agree to any revised Terms, you must immediately cease your use of the Email Service. We encourage you to review the Terms from time to time.

    1. GENERAL

    Liberty will provide the Email Service to you as described in detail below.

    2. ACCESSIBILITY

    (a) To create an account to use the Email Service (an "Account"), you or others authorized by you (a "User") may be required to register with personal information such as a username, account name or password ("Registration Data"). You represent and warrant that any information provided during the registration process or in connection with the Account will be accurate and complete at all times and that you and/or the User will not register or attempt to register under another person's name. You agree that you are responsible for all acts and omissions of your Users including any violations of these Terms.

    (b) We do not permit credential sharing, and you agree that you and each User will keep the Registration Data confidential and secure. You and your Users will not permit any third party to log on to the Email Service using your Registration Data. You assume responsibility for all activities that occur under your Registration Data, and you agree to notify us immediately if the confidentiality of your Registration Data is compromised. We will not be liable for any loss you may suffer as a result of someone else using your Registration Data. To protect the security of the Email Service and your Account, we may terminate or suspend your use of the Email Service, your Account, change your username or password, request additional information before we authorize transactions on your Account, or take other reasonable actions. We also reserve the right to reject or cancel any username that, in our judgment, is deemed offensive. Please note that anyone able to provide your personally identifiable information may be able to access your Account so you should take reasonable steps to protect your personally identifiable information.

    3. DESCRIPTION AND SCOPE OF THE SERVICE

    • Compatible with any domain; accessible from anywhere and on any device.
    • Up to 10 email accounts delivered per service.
    • Option to consult from the Roundcube webmail interface.
    • Available through preferred email platforms: Outlook, Gmail, Mail, Thunderbird.
    • Cloud-based service that does not require any hardware management.
    • 10 GB storage capacity per account.
    • Attachments: up to 25 MB per email sent.
    • Security: secure connections (POP3 / IMAP / SMTP over TLS, webmail with HTTPS). Emails in transit are encrypted with TLS when possible. Passwords are stored encrypted in SSHA512 or BCRYPT (BSD).
    • No intermittency times (excludes scheduled and critical unscheduled maintenance). Automatic recovery system that keeps the service always active.
    • Webmail: managing emails, folders, and filters with an intuitive interface provided by Roundcube. Any IMAP / POP account can be added to have a single interface. Ad-free.
    • Compatibility with mobile devices: accounts can be easily set up in any mobile email application.
    • Antispam & Antivirus: SpamAssassin, ClamAV, SPF, DKIM, gray list, white list or black list. Quarantines emails detected as SPAM.
    • Fail2Ban blocks malicious attacks.
    • Backups: daily backups of all emails to reduce data loss.
    • Insured shipments: meets industry standards to ensure emails are delivered to major providers (Gmail, Yahoo, Hotmail, Outlook).

    Service limits:

    • Maximum number of outgoing emails per day: 2,000.
    • Maximum number of recipients per email: 500.
    • Maximum number of incoming emails per hour: 500.
    • Maximum size of attachments per email: 25 MB.

    Compatible browsers: IE 9.0+, Firefox 19+, Google Chrome 25+, Edge 12+. Compatible OS: Windows 10+.

    4. YOUR CONTENT

    (a) You understand and agree that the Email Service will store your content, including without limitation text, photos, images, and any other materials ("Your Content"). You own Your Content; however you agree to grant us the limited rights needed for us to provide, improve, promote and protect the Email Services as described in these Terms.

    (b) When you provide Your Content to us through the Email Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, and store Your Content for the purposes of allowing us to provide, improve, promote and protect the Email Services.

    (c) You represent and warrant that you own all rights to Your Content or otherwise have all rights and permissions necessary to use, share, display, transfer and license your Your Content via the Email Services. You represent and warrant that your use of the Email Services will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, or any other intellectual property or proprietary rights.

    (d) You further represent and warrant that your use of the Email Services is in compliance with applicable laws, including without limitation applicable data protection, security and privacy laws and regulations. This includes the collection and processing by you or us of any personal data when you use the Email Services to send electronic communications to individuals.

    5. BACKUPS

    The Email Service includes a backup service. It is your responsibility to configure the Service to meet your backup and other needs. In no case will Liberty be responsible for Your Content or the backup copies of Your Content.

    6. ANTISPAM POLICIES FOR MAIL SERVICES

    "SPAM MAIL" is an email message whose main purpose is commercial advertising or promotion of a commercial product or service, including messages that promote the content of a commercial website. Liberty considers "SPAM" the practice of sending unwanted e-mails, often with commercial content, in large quantities, to recipients without giving them the option to unsubscribe.

    The following activities are prohibited:

    • Use or contain invalid or fraudulent headers.
    • Use or contain invalid or non-existent domain names.
    • Impersonate another person or their email address, or create fake accounts for the purpose of sending spam.
    • Extract data or use "robots" to collect email addresses in order to send unsolicited or unauthorized material.
    • Use a third-party's Internet domain name, or send through a third-party's computer without their permission.
    • Send emails to recipients who have requested to be removed from a distribution list.
    • Send emails to invalid recipients or to purchased distribution lists.
    • Send the same message multiple times to a large number of recipients.
    • Fail to include a link to terminate subscription to electronic newsletters.
    • Send emails to recipients in a generic way (e.g., sales@domain).

    You understand and agree that you will be fully liable for any losses suffered by Liberty due to your failure to comply with antispam and other applicable laws.

    7. PROCEDURE IN CASE OF POLICY VIOLATION

    1. Suspend / Block the account for a period of 72 hours.
    2. Suspend / Block the account for a period of 144 hours.
    3. Suspend / Block all domain traffic, initiate the Email Service cancellation process, require the User to pay sufficient compensation to allow Liberty to repair the damage caused.

    Liberty reserves the right to block, suspend or cancel accounts or domains that violate these Policies. Liberty will not be obliged to make a refund for suspension or cancellation of the Email Service, nor to cover any expense or loss due to its suspension or cancellation.

    8. RESPONSIBILITY

    In order to achieve the purposes of this Email Service, the User must provide personal information. Therefore, the User hereby consents to the use and processing of their personal data, according to the terms contained in the Privacy Policy.

    9. CANCELLATION OF SERVICE

    You may request the cancellation of the Email Service, as long as you have been billed for at least twelve months, by calling the Email Service Center. You must pay the full monthly payment, regardless of the day on which the notification of cancellation of the Email Service is presented.

    In case of early termination (prior to the fulfillment of the minimum term of twelve months) you acknowledge and accept that you are required to pay the remaining months of the agreed period, regardless of the day on which the notification of termination is presented.

    Once the Email Service has been cancelled, your access to the Email Service will be immediately terminated, including your ability to access Your Content. It is solely your responsibility to create a backup or remove Your Content from the Email Service.

    10. RESTRICTIONS

    (a) You agree and acknowledge that the Email Service is licensed by Liberty and not sold. Liberty or its licensors retains all right, title, and interest in and to the Email Service, the Liberty Content and other subject matter contained in or made available through the Email Service, and all related intellectual property rights. You obtain no rights in or to the Email Service under these Terms.

    (b) Without limitation, you agree not to use the Email Service, whether directly or indirectly: (i) for any activity that adversely affects our network or the ability of other people to use or enjoy the Email Service; (ii) to access, or attempt to access, the accounts of others without authority, or penetrate security measures of our system; (iii) for any unlawful purpose, including the violation of relevant copyright; (iv) to distribute unsolicited bulk or commercial messages ("spam"); or (v) to impersonate another user, or engage in phishing or any other fraudulent activity. In addition, you shall not: (i) reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any Liberty Content or other portion of the Email Service; (ii) circumvent any user limits or other timing, use or functionality restrictions; (iii) use any robot, spider, scraper, or other automated means to access the Email Service without our prior written consent; (iv) engage in the systematic retrieval of data to compile databases without our prior written consent; (v) remove any proprietary notices, labels, copyright or Marks from the Email Service; or (vi) access the Email Service in order to build a competitive product or copy any ideas, features, functions or graphics of the Email Service.

    (c) You agree that your use of the Email Service is your sole responsibility and subject to all applicable laws and regulations.

    11. DISCLOSURE OF MESSAGING/COMMUNICATIONS

    You are solely responsible for any information you submit or post through the Email Service. By using the Email Service, you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening, illegal and/or any other material that violates these Terms. We reserve the right (but assume no obligation) to monitor, remove, move or edit any communication that we deem unacceptable or inappropriate. We will comply with all legal requirements regarding disclosure of communications to third parties, including to law enforcement agencies as well as parties to civil lawsuits.

    12. FEEDBACK

    Liberty welcomes your comments about the Email Service. However, any communication you send to Liberty will be deemed submitted on a non-confidential basis and will become the exclusive property of Liberty. Liberty may, in its sole discretion, use these communications in any way and for any purpose without any liability or obligation to the User.

    13. SUSPENSION AND TERMINATION

    You or we may suspend or terminate your Account or your use of the Email Service at any time, for any reason or for no reason, with or without prior notice. You are personally liable for any charges incurred through your Account prior to termination. Liberty also reserves the right to terminate your use of the Email Service if: (a) you fail to fully comply with any of the provisions of the Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability.

    14. INDEMNIFICATION

    Without limiting any indemnification obligations in the Agreement, you agree to indemnify, defend and hold Liberty (including its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, licensees, suppliers, etc.) harmless from all claims, losses, costs, damages and expenses (including attorneys' fees) resulting from any violation of these Terms or unauthorized use of the Email Service. Your indemnification obligation will survive the termination of these Terms. We reserve the right to assume the exclusive defense and control of any matter relating to these Terms, subject to indemnification by you, and you agree to cooperate with Liberty in our defense.

    15. DISCLAIMER OF WARRANTIES AND LIABILITY

    YOU AGREE THAT YOUR USE OF THE EMAIL SERVICE IS AT YOUR SOLE RISK. THE EMAIL SERVICE IS PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. LIBERTY AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE EMAIL SERVICE, NOR DO THEY WARRANT THAT THE EMAIL SERVICE IS ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR THAT THE EMAIL SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL LIBERTY OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES CAUSED BY THE USE OR MISUSE OF THE EMAIL SERVICE, INCLUDING SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF LIBERTY ARISING OUT OF ANY TYPE OF CAUSE OF ACTION RELATING TO THE EMAIL SERVICE SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).

    16. MISCELLANEOUS MATTERS

    (a) Force Majeure

    We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God such as hurricanes and earthquakes, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body; labor unrest, including strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

    (b) Disputes

    Any disputes you may have with respect to the Email Services will be resolved under the terms set forth in the Agreement.

    (c) Notice

    If you wish to contact us in writing, or if any condition in the Terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected].

  • Terms and Conditions Bitdefender Total Security

    These Bitdefender Total Security Terms and Conditions ("Terms") govern your use of the Bitdefender Total Security Service ("Bitdefender Services") that Liberty Communications of Puerto Rico LLC and its respective subsidiaries and affiliates (collectively, "Liberty", or "we", "us", or "our") offers to its business customers and includes all interactive features and communications we provide in connection with the Bitdefender Services, however accessed or used, that we operate, make available now or in the future, produce, or maintain. Using, accessing or starting the Bitdefender Services, selecting "I accept," "ok," "Continue", "yes" or otherwise indicating agreement constitutes your acceptance of these Terms, including the terms in Annex A, and your agreement to be legally bound by these Terms. You further agree to these Terms on behalf of the company or other legal entity for which you are acting ("Client") (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual (in either case, "you").

    You acknowledge and agree that you are entering into a legally binding agreement to purchase and use the Bitdefender Services for a period of twelve (12) months. This agreement is non-cancellable and all fees are non-refundable.

    You represent and warrant that you have the right and authority to act on behalf of and bind such entity (if any) and yourself. If you do not agree to all of the Terms, you are not authorized to use or access the Bitdefender Services and you must immediately cease your use of the Bitdefender Services and delete any portions of the Bitdefender Services you may have copied or downloaded.

    You must be an adult of legal age of majority in the state or country of residence where you live to enter into the agreement that is created by these Terms. You are legally and financially responsible for all of your acts and omissions while using or accessing the Bitdefender Services, including the actions of anyone using your Account (as defined below). You affirm that you have reached the legal age of majority, understand and accept these Terms.

    The Terms do not modify or supersede any terms applicable to other products purchased by Client from Liberty ("Liberty Business Products"). These terms supplement and incorporate by this reference the Liberty Commercial Service Agreement (the "Agreement") and Privacy Policy. To the extent there is a direct conflict between the Agreement and these Terms, these Terms will prevail solely to the extent applicable to the Bitdefender Services.

    We reserve the right to change these Terms. If we change these Terms, we may provide notice of material changes and such notice may include communications through the Bitdefender Services, via regular mail or, in the event you have opted-in to receiving servicing messages electronically, via a message to the email address or phone number provided. We will also update the "Last Updated" date at the top of these Terms when we make changes. Your continued use of the Bitdefender Services after the changes are posted or made available to you is deemed to be your acceptance of the changes made. If you do not agree to any revised Terms, you must immediately cease your use of the Bitdefender Services and delete or uninstall any mobile properties. We encourage you to review the Terms from time to time.

    1. GENERAL ACCESS AND USE

    (a) Objective

    Provide the Bitdefender Services, whose specifications are described in detail below.

    (b) Creating an Account to Access to Service

    (i) To create an account to use the Bitdefender Services (an "Account"), you or others authorized by you (a "User") may be required to register with personal information such as a username, account name or password ("Registration Data"). You represent and warrant that any information provided during the registration process or in connection with the Account will be accurate and complete at all times and that you and/or the User will not register or attempt to register under another person's name. You agree that you are responsible for all acts and omissions of your Users including any violations of these Terms.

    (ii) We do not permit credential sharing, and you agree that you and each User will keep the Registration Data confidential and secure. You and your Users will not permit any third party to log on to the Bitdefender Services using the Registration Data. You assume responsibility for all activities that occur under your Registration Data, and you agree to notify us immediately if the confidentiality of your Registration Data is compromised. We will not be liable for any loss you may suffer as a result of someone else using your Registration Data. To protect the security of the Bitdefender Services and your Account, we may terminate or suspend your use of the Bitdefender Services, your Account, change your username or password, or request additional information before we allow use of the Bitdefender Services. We also reserve the right to reject or cancel any username that, in our judgment, is deemed offensive. Please note that anyone able to provide your personally identifiable information may be able to access your Account so you should take reasonable steps to protect your personally identifiable information.

    2. SYSTEM REQUIREMENTS

    Before you can install and use the Bitdefender Services, your computer must meet the following technical requirements:

    1. You must have an Internet connection with a minimum upload / download speed of 512 Kbps.
    2. For Windows: Operating system Windows 7 SP1, Windows 8, 8.1 and 10; CPU Intel CORE 2 Duo (2 GHz) or equivalent; RAM 2 GB; 2.5 GB free disk space; Internet Explorer 10 or later.
    3. For macOS: macOS X Yosemite (10.10) or later; 1 GB free disk space; supported browsers: Safari, Firefox, Google Chrome. (Bitdefender VPN and Anti-tracker require Intel-based Mac with macOS Sierra 10.12 or later.)
    4. For Mobile Devices: Android 4.1 or later; active internet connection.

    Additionally, to ensure the correct provision of the service, your equipment must comply with the technical specifications detailed in the Assistance Service.

    3. RESALE OF BITDEFENDER SERVICES

    Your use of the Bitdefender Services is provided by Bitdefender, a third party, and subject to your compliance with the Bitdefender Terms attached as Annex A. You represent and warrant that you will comply with Annex A. We will have no responsibility for, and make no representations and warranties regarding, the Bitdefender Service or your use of the Bitdefender Service. You are solely responsible for your compliance with the Bitdefender Terms.

    4. OTHER THIRD-PARTY PRODUCTS

    The Bitdefender Services may interact with third-party content, applications and software ("Third-Party Products") governed by separate terms ("Third-Party Terms"). You take sole responsibility for determining, obtaining and complying with all Third-Party Terms. We will have no responsibility for any Third-Party Products or your use of such Third-Party Products.

    5. SUSPENSION AND TERMINATION

    (a) We reserve the right to terminate your use of the Bitdefender Services if: (a) you fail to fully comply with any of the provisions of the Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability. We will also terminate your right to access and use the Bitdefender Services if you terminate your Client account.

    (b) We may also suspend or terminate your Account if you fail to pay all amounts due. We will restore the Bitdefender Services when you prove that you have settled any debt; with the understanding that if Liberty does not receive the corresponding payment after the established number of business days of suspension, Liberty may cancel the service without any responsibility. This cancellation does not excuse your obligation to pay any outstanding fees owed to Liberty.

    (c) If your use of the Bitdefender Services is terminated for any reason, you will no longer have access to the Bitdefender Services. It is your responsibility to backup any information you have uploaded into the Bitdefender Services.

    6. PRIVACY

    Data collection and use, including data collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms. You understand and agree that Liberty is not responsible for any data you may share with Bitdefender.

    7. LICENSE; CONTENT; TRADEMARKS

    (a) Subject to the limitations stated elsewhere in the Terms including Annex A, we hereby grant you a revocable, nonexclusive, nontransferable, non-assignable, non-sublicensable license to use the Bitdefender Services for personal, non-commercial use; not for resale or distribution under any circumstances.

    (b) Except for information or data owned by you, the materials available through the Bitdefender Services are the property of Liberty or its licensors ("Liberty Content"). Liberty grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Liberty Content. Requests for permission to reproduce or distribute Liberty Content should be sent to: Liberty Communications of Puerto Rico, PO Box 199296, San Juan, PR 00919.

    (c) All Liberty trademarks, service marks, trade names, logos or graphics appearing on the Bitdefender Services (collectively, the "Marks") are owned by Liberty or one of its licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks without our prior written consent.

    8. RESTRICTIONS

    (a) Liberty or its licensors retain all right, title, and interest in and to the Bitdefender Services, the Liberty Content and all related intellectual property rights. You obtain no rights in or to the Bitdefender Services under these Terms.

    (b) Without limitation, you agree not to: (i) adversely affect our network or the ability of other people to use the Bitdefender Services; (ii) access, or attempt to access, the accounts of others without authority; (iii) use the Services for any unlawful purpose; (iv) distribute unsolicited bulk or commercial messages ("spam"); (v) impersonate another user, or engage in phishing or any other fraudulent activity; (vi) reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any Liberty Content; (vii) use any robot, spider, scraper, or other automated means to access the Bitdefender Services without our prior written consent; or (viii) build a competitive product or copy any ideas, features, functions or graphics of the Bitdefender Services.

    (c) You agree that your use of the Bitdefender Services is your sole responsibility and subject to all applicable laws and regulations.

    9. DISCLOSURE OF MESSAGING/COMMUNICATIONS

    You are solely responsible for any information you submit or post through the Bitdefender Services. We reserve the right (but assume no obligation) to monitor, remove, move or edit any communication that we deem unacceptable or inappropriate. We will comply with all legal requirements regarding disclosure of communications or postings to third parties, including to law enforcement agencies as well as parties to civil lawsuits.

    10. ACCEPTABLE USE POLICY

    You agree to comply with any Acceptable Use Policies referenced in the Agreement. Liberty maintains sole discretion to determine whether an activity falls within the scope of prohibited uses and may take any actions necessary to prevent and stop prohibited uses including suspension, reduction, or termination of your access to Liberty services and networks without prior notice.

    11. FEEDBACK

    Liberty welcomes your comments about the Bitdefender Services. However, any communication you send to Liberty will be deemed submitted on a non-confidential basis and will become the exclusive property of Liberty. Liberty may, in its sole discretion, use these communications in any way and for any purpose without any liability or obligation to the user.

    12. INDEMNIFICATION

    Without limiting any indemnification obligations in the Agreement, you agree to indemnify, defend and hold Liberty (including its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, licensees, suppliers, etc.) harmless from all claims, losses, costs, damages and expenses (including attorneys' fees) resulting from any violation of these Terms or unauthorized use of the Bitdefender Services.

    13. DISCLAIMER OF WARRANTIES AND LIABILITY

    WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT, YOU AGREE THAT YOUR USE OF THE BITDEFENDER SERVICES IS AT YOUR SOLE RISK. THE BITDEFENDER SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. LIBERTY AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE ACCOUNT PORTALS, NOR DO THEY WARRANT THAT THE BITDEFENDER SERVICES ARE ERROR-FREE OR CONTINUOUSLY AVAILABLE. UNDER NO CIRCUMSTANCES WILL LIBERTY OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR MISUSE OF THE BITDEFENDER SERVICE, INCLUDING SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF LIBERTY ARISING OUT OF ANY CAUSE OF ACTION RELATING TO THE BITDEFENDER SERVICES SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).

    14. MISCELLANEOUS

    (a) Force Majeure

    We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God such as hurricanes and earthquakes, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body; labor unrest, including strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages.

    (b) Disputes

    Any disputes you may have with respect to the Bitdefender Services will be resolved under the terms set forth in the Agreement.

    (c) Notice

    If you wish to contact us in writing, or if any condition in the Terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected].

    Annex A — Bitdefender Subscription Agreement and Terms of Services

    NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONSTITUTES THE LEGAL AGREEMENT BETWEEN YOU AND BITDEFENDER.

    IF YOU DON'T ACCEPT THESE TERMS AND CONDITIONS, DON'T START THE BITDEFENDER SOLUTION. BY SELECTING "I ACCEPT", "OK", "CONTINUE", "YES" OR BY STARTING THE BITDEFENDER SOLUTION IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

    THE AGREEMENT CONTAINS PROVISIONS THAT REQUIRES YOU TO AGREE TO THE USE OF ARBITRATION TO SOLVE ANY DISPUTE THAT COME UP UNDER THE AGREEMENT IN LIEU OF A JURY TRIAL OR ANY OTHER JUDICIAL PROCEEDING, AND TO RENOUNCE YOUR PARTICIPATION IN CLASS ACTION OF ANY KIND.

    Registration: By accepting this Agreement, you agree to register your Bitdefender Solution. Registration requires a valid activation code, a valid Bitdefender account with a valid email address, and a valid product subscription.

    Your Responsibilities: An internet-enabled device is required to use the Bitdefender solution. You are solely responsible for ensuring that your device is compatible and sufficient. You must comply at all times with all applicable local, state, national, and foreign laws, treaties, and regulations in relation to your use of the Bitdefender Solution.

    License: Bitdefender grants you a non-exclusive, personal, revocable and non-transferable right to use the Bitdefender Solution on the device for which it is provided and that you own or control. Your subscription will begin on the date you first registered your Bitdefender Solution and will last for the period set in the plan contracted with Liberty Puerto Rico Communications. All subscriptions will be automatically renewed for equal periods unless you cancel through the Customer Service Center prior to your next scheduled billing date.

    Automatic Renewal: You agree to allow Bitdefender to automatically renew your subscription at no higher fee than the current Bitdefender price, excluding promotional and discount prices offered at the time of renewal. To cancel, contact the Customer Service Center by calling 1-800-744-0222 during business hours at least thirty (30) days before the end of the subscription period.

    Updates: By accepting this Agreement, you agree to receive and install software updates automatically transmitted by Bitdefender. The functionality of the Bitdefender Solution can only be preserved during the Subscription Period if all received updates are installed immediately after receiving them.

    Copyright: All rights, titles and interests in and for Bitdefender Solution are property of Bitdefender, protected by copyright laws and international treaty provisions. You may not reverse engineer, decompile, disassemble, create derivative works, modify, translate, or make any attempt to reconstruct or discover the source code of Bitdefender Solution.

    Technical Support: Technical support is provided through the Liberty Puerto Rico Communications Contact Center as first level and through the Bitdefender specialist. Any Technical Support will be provided at Bitdefender's sole discretion without any warranty of any kind. It is your sole responsibility to complete a backup of all your existing data, software and programs prior to receiving technical assistance.

    VPN Functionality: The Bitdefender solution includes Bitdefender VPN, limited to 200MB of traffic per day per device. An upgraded Bitdefender Premium VPN plan offering unlimited traffic is available for an additional cost and is limited to 10 simultaneous sessions. By accepting this Agreement, you agree to the applicable VPN third-party terms.

    Limited Warranty: BITDEFENDER will maintain the usability of the Bitdefender Product during the Subscription Period through regular updates substantially in accordance with the Documentation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BITDEFENDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

    Disclaimer for Damages: In no event will BITDEFENDER or Liberty Puerto Rico Communications be liable for any damages of any kind, including direct or indirect damages arising from the use, performance, or delivery of the Bitdefender Solution. IN NO EVENT SHALL BITDEFENDER'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR BITDEFENDER.

    Data Collection: Bitdefender may use data collection technology to collect technical information to improve products, provide related services, and prevent illegal use. By using the Bitdefender Solution, you acknowledge and agree that Bitdefender may collect, disclose, store and analyze this information for the purposes mentioned.

    Indemnity: You must indemnify and hold harmless Bitdefender, Liberty Puerto Rico Communications and its affiliates, and each of their respective officers, directors, employees, and agents from and against any claim arising from your use of the Bitdefender Solution or your violation of this Agreement.

  • Terms and Conditions Secure Cloud Storage

    These Secure Cloud Storage Terms and Conditions ("Terms") govern your use of the secure cloud storage services (the "Secure Cloud Storage Services" or "Services") that Liberty Communications of Puerto Rico LLC and its respective subsidiaries and affiliates (collectively, "Liberty", or "we", "us", or "our") offers to its business customers. Using the Secure Cloud Storage Services constitutes your acceptance of these Terms and your agreement to be legally bound by these Terms. You further agree to these Terms on behalf of the company or other legal entity for which you are acting ("Client") (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual (in either case, "you"). You represent and warrant that you have the right and authority to act on behalf of and bind such entity (if any) and yourself. If you do not agree to all of the Terms, you are not authorized to use the Secure Cloud Storage Services and you must immediately cease your use of the Secure Cloud Storage Services.

    You acknowledge and agree that you are entering into a legally binding agreement to purchase and use the Secure Cloud Storage Services for a period of twelve (12) months, and unless either party gives the other written notice (email acceptable) at least 60 days before the end of the relevant term, such term will be automatically renewed. Except as provided in the prior sentence, this agreement is non-cancellable and all fees are non-refundable.

    You must be an adult of legal age of majority in the state or country of residence where you live to enter into the agreement that is created by these Terms. You are legally and financially responsible for all of your acts and omissions while using or accessing the Secure Cloud Storage Service, including the actions of anyone using your Account (as defined below). You affirm that you have reached the legal age of majority, understand and accept these Terms.

    The Terms do not modify or supersede any terms applicable to other products purchased by Client from Liberty ("Liberty Business Products"). These terms supplement and incorporate by this reference the Liberty Commercial Service Agreement (the "Agreement") and our Privacy Policy. To the extent there is a direct conflict between the Agreement and these Terms, these Terms will prevail solely to the extent applicable to the Secure Cloud Storage Service.

    We reserve the right to change these Terms. If we change these Terms, we may provide notice of material changes and such notice may include communications through the Secure Cloud Storage Service, via regular mail or, in the event you have opted-in to receiving servicing messages electronically, via a message to the email address or phone number provided. We will also update the "Last Updated" date at the top of these Terms when we make changes. Your continued use of the Secure Cloud Storage Service after the changes are posted or made available to you is deemed to be your acceptance of the changes made. If you do not agree to any revised Terms, you must immediately cease your use of the Secure Cloud Storage Service. We encourage you to review the Terms from time to time.

    1. GENERAL ACCESS AND USE

    (a) Objective

    Provide the Secure Cloud Storage Service, whose specifications are described below.

    (b) Creating an Account to Access the Service

    (i) To create an account to use the Secure Cloud Storage Service (an "Account"), you or others authorized by you (a "User") may be required to register with personal information such as a username, account name or password ("Registration Data"). You represent and warrant that any information provided during the registration process or in connection with the Account will be accurate and complete at all times and that you and/or the User will not register or attempt to register under another person's name. You agree that you are responsible for all acts and omissions of your Users including any violations of these Terms.

    (ii) We do not permit credential sharing, and you agree that you and each User will keep the Registration Data confidential and secure. You and your Users will not permit any third party to log on to the Secure Cloud Storage Service using your Registration Data. You assume responsibility for all activities that occur under your Registration Data, and you agree to notify us immediately if the confidentiality of your Registration Data is compromised. We will not be liable for any loss you may suffer as a result of someone else using your Registration Data. To protect the security of the Secure Cloud Storage Service and your Account, we may terminate or suspend your use of the Secure Cloud Storage Service, your Account, change your username or password, or take other reasonable actions. We also reserve the right to reject or cancel any username that, in our judgment, is deemed offensive. Please note that anyone able to provide your personally identifiable information may be able to access your Account so you should take reasonable steps to protect your personally identifiable information.

    2. YOUR FILES

    (a) By using the Services, you will provide us with information, files, and folders that you submit to Secure Cloud Storage (collectively, your "Files"). You will retain full ownership of your Files and all content therein. We do not claim any ownership of any of your Files. These Terms do not grant us any rights on your Files or intellectual property, except for the limited rights needed to provide the Secure Cloud Storage Services.

    (b) We may need your permission to do the things you ask us to do with your Files, for example host your Files or share them at your discretion. This includes product features visible for you, for example image thumbnails or document previews. It also includes design options that we make to technically manage our Services, for example how we back up data to keep it secure. You will give us the permissions we need to do those kinds of things, solely to provide our Services. This permission also extends to trusted third-parties with whom we work to provide the Services.

    (c) Other than the rare exceptions identified in these Terms and Privacy Policy, no matter how the Services change, we will not share your Files with others, including law enforcement, for any reason unless you tell us to do so.

    (d) You are solely responsible for the content of your Files, and your communications with others while using the Services. It is your responsibility to ensure that you have the necessary rights or permissions to comply with these Terms.

    (e) We may choose to review publicly available content to verify compliance with the Terms, but you acknowledge that we have no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, adequacy or legality of Files, user posts, or any other information that you may access using the Services.

    (f) By uploading your Files or otherwise making them available to us, you acknowledge and agree that you are solely responsible for: (a) acquiring all necessary consents for us to use your Files under the Terms; and (b) compliance with all applicable local, state and federal laws, rules or regulations governing the access and use of the Files.

    3. SHARING AND USING YOUR FILES

    The Services provide features that allow you to share your Files with third parties or otherwise make the Files public. Be careful choosing what you share or make public. You understand and agree that you are solely responsible for your decision to share or make changes to your Files and we are not responsible or liable for such activity.

    4. SOFTWARE AND UPDATES

    Some of our Services will require you to download a client software package ("Software"). Your right to use the Software is subject to your compliance with these Terms. Our Services may update the Software on your device automatically, when a new version is available. Your acceptance of such updates is required. We are not responsible for any errors if you are not using the most current version of the software.

    5. GENERAL RESPONSIBILITIES

    (a) Files and other content on the Services may be protected by the intellectual property rights of third parties. Do not copy, upload, download or share Files unless you have the right to do so. You, and not us, are fully responsible for what you copy, share, upload, download, or otherwise use while using the Services. You must not upload spyware or other malicious software to the Services.

    (b) You, and not us, are responsible for maintaining and protecting all of your Files. Secure Cloud Storage will not be responsible for any loss or corruption of your Files, nor for the costs or expenses associated with backing up or restoring any of your Files.

    (c) If you change your contact information or other information related to your Account, you must notify us immediately and keep your information up to date.

    6. SECURE CLOUD STORAGE BACKUP ADDITIONAL TERMS

    (a) Some Services, including Secure Cloud Storage Backup and Secure Cloud Storage Briefcase (the "Backup Packages") are sold per equipment. You are only allowed to back up data stored on (a) internal hard drives of that computer, (b) externally connected drives, such as USB drives, connected to that computer, or (c) NAS storage devices connected to that computer.

    (b) We will include a limit of usage in each Backup Package. The applicable limit of usage will be notified to you at the time of when you buy your Backup Packages. In the event that your usage exceeds the applicable limit on the Backup Package that you buy, Secure Cloud Storage reserves the right to increase the usage limit of your Backup Package without prior notification and increase charges accordingly.

    (c) You understand and agree that the Secure Cloud Storage Backup should not be used for primary storage and is intended for backup. At all times, you should keep an original copy of the contents of your Files in the original location of the system that has been backed up. If you delete Files from your computer that have been backed up, we will remove the corresponding backup from our servers.

    (d) You must run the Secure Cloud Storage software at all times on any computer that is being backed up, and you must ensure that this computer is being connected to the Internet at least once every 30 days. Secure Cloud Storage will delete backups from computers that have not been connected to the Services during the last 30 days.

    (e) If you want to restore the data backed up to our servers, we may ask for up to 72 hours prior notice. While we normally expect your data to be available for immediate restoration, we reserve the right to archive data in facilities where they may not be available for immediate access.

    (f) We are not responsible for any failure of the Secure Cloud Storage Backup resulting from your failure to follow the foregoing and any other instructions we provide to you as part of the Secure Cloud Storage Backup Services.

    7. BACKUP COPY SERVICE ADDITIONAL TERMS

    (a) Conditions of Usage

    1. Services access: We will use commercially reasonable efforts to make the Services available twenty-four (24) hours a day, seven (7) days a week, except during any planned maintenance time and Force Majeure events described below.
    1. Usage of the Service: To access the service, the User must register in advance and read and accept the Terms. Once registered, the User must download and install an application on your computer. The software is available for download from the Service's website.
    1. Limitations: We cannot assure the adequate provision in the event that the language of the operating system and/or the supported applications is different from the language on which the provision of this Service is based.
    1. Cancellation of the Service: The Service will be discontinued from the moment that you notify the cancellation or termination of the Services through the Liberty Puerto Rico Communications Call Center. After receiving this notification, you will have 15 days to download your Files before your access to the Service is suspended or blocked, and all Client Accounts canceled or deactivated. We will delete your Files after this 15 day period. Once this information is deleted, it will not be possible to recover or restore it later.

    (b) System Requirements

    1. Minimum Internet connection: 512 Kbps Upload/download.
    1. Minimum Hardware Requirements:
    • Windows systems: Intel Pentium D, AMD Athlon 64 processors.
    • MAC systems: Intel processors. RAM: 1 GB.
    1. Software Requirements:
    • Microsoft Windows Vista or latest versions; Internet Explorer 11 and latest versions; .NET Framework 3.5 and latest versions.
    • Apple MAC OS 10.8 and latest versions; Safari 7.0 and latest versions.

    8. DATA RECOVERY SERVICE

    (a) Conditions of Use

    1. Access to the service: Once you have registered, you can request assistance at any time through a ticket, by email or the online IT Assistance services chat. We will use commercially reasonable efforts to make the Services available twenty-four (24) hours a day, seven (7) days a week, except during any planned maintenance time and Force Majeure events.
    1. Usage of the service: Your use of the Services is limited to one recovery per User and per year. To access the services, a User must have been registered in advance as set forth in Section 1(b).
    1. You can request the recovery of data from the damaged media or hardware, as long as the support has not been manipulated prior to delivery for the recovery. First you must request assistance through a ticket, by email or through the online IT Assistance service chat. If it is not possible to retrieve the information remotely, you will have to disassemble the damaged media or hardware on your own, for that you will receive guidance if necessary. You are responsible for ensuring the media or hardware is properly protected for shipment. Additionally, the special boot disks, passwords to access the system, directories and programs necessary to execute the files that need to be recovered must be included. You accept all liability and responsibility for any media or hardware damaged, lost or stolen before we receive it. We are not responsible for any media or hardware that is damaged, lost or stolen while in transit to us.
    1. Using a courier service, the damaged device will be sent to the data recovery laboratory where it will be evaluated and a diagnosis will be made.
    1. When the damaged device is not reusable, the recovered Files will be downloaded on a new device with enough capacity to hold the recovered Files. The damaged media or hardware where the Files could not be recovered will be returned, unless expressly requested by you, typically within 15 working days of the recovery attempt.
    1. The Service includes both the withdrawal, transport, delivery of the media or hardware, the laboratory recovery work and the new device with the Files provided in cases where the damaged media or hardware is found not reusable.
    1. In order to cover any reasonably possible loss during the delivery of the device, the Service also includes the recording of a backup copy of the recovered Files. The mentioned backup copy will remain on hold at our offices or our suppliers for 15 calendar days from the date when the recovered information is sent. If, after 15 days, you have not stated otherwise, the backup copy will be definitively destroyed.
    1. Limitations: We are not responsible for and accept no liability for the following:
    • Data hosted on virtual hard drives or in the cloud will not be recovered.
    • There is no 100% data recovery guarantee.
    • You will not be compensated in case of not achieving the partial or total recovery of the information.
    • Storage media that are not included in the list of supported storages.
    • Functional recovery of the existing OS on the original disk.
    • Installation/removal/uninstallation of hard drives.
    • Recoveries will not be made on storage media that have been manipulated prior to delivery for recovery.
    • Recovery is impossible in cases of disappearance of the support device, damage with acids or similar products, overwriting the support device or known as "Head-Crash" (loss of the magnetic film).
    • Recovery of originals of movies, music, games, etc. is excluded.
    • System reconfigurations or physical media reinstallation are not included in this service.
    • Destruction of the backup created by us after 15 calendar days from the date of shipment in the new support media or hardware.
    • Devices for professional use are not included in this service.
    1. Validity and cancellation: You have 30 days after your initial purchase of the Service to cancel it. After this period the Services will remain active for the established time without the possibility of canceling them.

    9. SYSTEM REQUIREMENTS

    1. Supported applications: The data recovery service is provided for those storage devices or media devices with file formats compatible with the operating systems supported by the online Informatic Assistance service, always within the scope of domestic use, specifically excluding those intended for professional use. Operating systems: Windows, Mac OS and Linux (supported versions). File repair: Office (supported versions), compressed files (zip, arj, rar), protected files, Outlook and Outlook Express (with written authorization).
    1. Supported devices:
    • Hard Drives: IDE, USB/Firewire (external), laptop, Micro drive, PCMCIA, S-ATA.
    • Removable devices: Floppy, Pen drive (USB).
    • Memory cards: Compact flash, Smartmedia, MMC, PCMCIA, Memory Stick, SanDisk, Micro Drive.

    10. TERMINATING THE SERVICE

    Unless stated otherwise in the Terms, you may request the cancellation of the Service as long as you have been billed for at least twelve months, in which case you must give notice by calling the Service Center. You must pay the full monthly payment, regardless of the day on which the notification of cancellation of the service is presented.

    In case of early termination (prior to the fulfillment of the minimum term of twelve months) you acknowledge and accept that you are required to pay the remaining months of the agreed period. Likewise, you acknowledge and agree that the service will be terminated immediately and without the need for a judicial declaration, if you cancel your Agreement with Liberty or as set forth in Section 12.

    If the Services are terminated, you will no longer have access to your Files or the content contained in them, as well as the applications and software licenses installed. You understand and agree it will be your responsibility to carry out the backup or deletion process.

    11. OTHER THIRD PARTY PRODUCTS

    The Secure Cloud Storage Services may interact with or we may provide you with content, information, documents, applications and other software, services or similar material of a third party (collectively, "Third-Party Products"). Any such Third Party Products may be governed by different terms (collectively, "Third-Party Terms"). You take sole responsibility for determining, obtaining and complying with all Third-Party Terms. We will have no responsibility for, and make no representations and warranties regarding, any Third Party Products or your use of such Third Party Products.

    12. SUSPENSION AND TERMINATION

    (a) We reserve the right to terminate your use of the Secure Cloud Storage Service if: (a) you fail to fully comply with any of the provisions of the Terms, or any other provisions, agreements or policies that apply to the Secure Cloud Storage Service and its use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. We will also terminate your right to access and use the Secure Cloud Storage Service if you terminate your Client account.

    (b) We may also suspend or terminate your Account or use of the Secure Cloud Storage Service if you fail to pay all amounts due. We will restore the Secure Cloud Storage Service when you prove that you have settled any debt; with the understanding that if, after the established number of business days of having suspended the service, Liberty does not receive the corresponding payment, Liberty may cancel the service without any responsibility and without the need for a judicial declaration. This cancellation does not exclude the user from the pending payment of the services provided by Liberty.

    (c) If your use of the Secure Cloud Storage Service is terminated for any reason, you understand that you will no longer have access to the Secure Cloud Storage Service or to the information contained on it, so it will be your responsibility to carry out the process of backup or elimination of the content of the information.

    15. PRIVACY

    Data collection and use, including data collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.

    16. LICENSE; CONTENT; TRADEMARKS

    (a) Subject to the limitations stated elsewhere in the Terms, we hereby grant you a revocable, nonexclusive, nontransferable, non-assignable, non-sublicensable license to use the Secure Cloud Storage Service including any software needed to use the Secure Cloud Storage Service. You shall not use the Secure Cloud Storage Service other than for its intended use and as governed by the Terms and applicable law, or assist anyone else to do so. The Secure Cloud Storage Services are for individual, non-commercial use; and are not for resale or distribution under any circumstances.

    (b) Except for information or data owned by you, the materials available through the Secure Cloud Storage Service are the property of Liberty or its licensors and are protected by copyright, trademark, and other intellectual property laws ("Liberty Content"). Liberty grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Liberty Content. Except for the limited licenses expressly granted to you in these Terms, Liberty and its licensors reserve all rights and licenses in the Secure Cloud Storage Service and the Liberty Content therein. Requests for permission to reproduce or distribute the materials found on the Secure Cloud Storage Service should be sent to: Liberty Communications of Puerto Rico, PO Box 199296, San Juan, PR 00919.

    (c) All Liberty trademarks, service marks, trade names, logos or graphics appearing on the Secure Cloud Storage Service or in the Liberty Content (collectively, the "Marks") are owned by Liberty or one of its licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks without our prior written consent or the consent of the trademark owner (in the case of our licensors).

    17. RESTRICTIONS

    (a) You agree and acknowledge that the Secure Cloud Storage Service is licensed by Liberty and its licensors and not sold. Liberty or its licensors retain all right, title, and interest in and to the Secure Cloud Storage Service, the Liberty Content and other subject matter contained in or made available through the Secure Cloud Storage Service, and all related intellectual property rights. You obtain no rights in or to the Secure Cloud Storage Service under these Terms or any Liberty Content or other subject matter made available through the Secure Cloud Storage Service.

    (b) Without limitation, you agree not to use the Secure Cloud Storage Service, whether directly or indirectly: (i) for any activity that, in our sole discretion, adversely affects our network, or the ability of other people to use or enjoy the Secure Cloud Storage Service; (ii) to access, or attempt to access, without authority, the accounts of others, or penetrate, or attempt to penetrate, security measures of our system; (iii) for any unlawful purpose, including (without limitation) the violation of relevant copyright; (iv) to distribute unsolicited bulk or commercial messages, commonly known as "spam;" or (v) to impersonate another user, or engage in phishing or any other fraudulent activity. In addition, you shall not (i) reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any Liberty Content or other portion of the Secure Cloud Storage Service; (ii) circumvent any user limits or other timing, use or functionality restrictions built into the Secure Cloud Storage Service; (iii) use any robot, spider, scraper, or other automated means to access the Secure Cloud Storage Service for any purpose without our prior written consent; (iv) engage in the systematic retrieval of data or other content from the Secure Cloud Storage Service to compile any databases without our prior written consent; (v) remove any proprietary notices, labels, copyright or Marks from the Secure Cloud Storage Service; or (vi) access the Secure Cloud Storage Service in order to (1) build a competitive product or Secure Cloud Storage Service, or (2) copy any ideas, features, functions or graphics of the Secure Cloud Storage Service.

    (c) You agree that your use of the Secure Cloud Storage Service is your sole responsibility and subject to all applicable laws and regulations.

    18. DISCLOSURE OF MESSAGING/COMMUNICATIONS

    You are solely responsible for any information you submit or post through the Secure Cloud Storage Service. By using the Secure Cloud Storage Service, you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening, illegal and/or any other material that violates these Terms. We reserve the right (but assume no obligation) to monitor, remove, move or edit any communication that we deem unacceptable or inappropriate, whether for legal or other reasons, that comes to our attention. We will comply with all legal requirements regarding disclosure of communications or postings to third parties through the Secure Cloud Storage Service, including to law enforcement agencies as well as parties to civil lawsuits.

    19. ACCEPTABLE USE POLICY

    You agree to comply with any Acceptable Use Policies referenced in the Agreement. Liberty maintains sole discretion to determine whether an activity falls within the scope of prohibited uses and Liberty may take any and all actions necessary to prevent and stop prohibited uses including but not limited to the suspension, reduction, or termination of your access to Liberty services and networks without prior notice. Prohibited use or activity may result in criminal and civil liability.

    20. FEEDBACK

    Liberty welcomes your comments about the Secure Cloud Storage Service as well as our Products or other offerings. However, any communication you send to Liberty will be deemed submitted on a non-confidential basis and will become the exclusive property of Liberty. Liberty may, in its sole discretion, reproduce, use, publish, modify, distribute or otherwise use these communications in any way and for any purpose. Any use Liberty makes of such communications shall not entail any liability or obligation for the user.

    21. INDEMNIFICATION

    Without limiting any indemnification obligations in the Agreement, you agree to indemnify, defend and hold Liberty (including its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, licensees, suppliers, etc.) harmless from all claims, losses, costs, damages and expenses (including attorneys' fees) resulting from any violation of these Terms or unauthorized use of the Secure Cloud Storage Service. Your indemnification obligation will survive the termination of these Terms. We reserve the right to assume the exclusive defense and control of any matter relating to these Terms, subject to indemnification by you, and you agree to cooperate with Liberty in our defense.

    22. DISCLAIMER OF WARRANTIES AND LIABILITY

    WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT, YOU AGREE THAT YOUR USE OF THE SECURE CLOUD STORAGE SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THE UNCERTAINTY OF ELECTRONIC DISTRIBUTION, INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS THAT ARE POSSIBLE. THEREFORE, IF YOU RELY ON THE SECURE CLOUD STORAGE SERVICE, PLEASE NOTE THAT YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA RESULTING FROM ANY USE OF THE SECURE CLOUD STORAGE SERVICE. THE SECURE CLOUD STORAGE SERVICE ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. LIBERTY AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH OR WITH THE ACCOUNT PORTALS, NOR DO THEY WARRANT THAT THE SECURE CLOUD STORAGE SERVICE ARE ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR THAT THE SECURE CLOUD STORAGE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL LIBERTY (INCLUDING ITS PARENTS, SUBSIDIARIES AND/OR AFFILIATES) OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES CAUSED BY THE USE OR MISUSE OF THE SECURE CLOUD STORAGE SERVICE, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR DAMAGES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, AND OTHER ACTIONS FOR DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF LIBERTY (INCLUDING ITS PARENTS, SUBSIDIARIES AND/OR AFFILIATES) AND ITS LICENSORS ARISING OUT OF ANY TYPE OF CAUSE OF ACTION IN ANY WAY RELATING TO THE SECURE CLOUD STORAGE SERVICE SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).

    23. MISCELLANEOUS

    (a) Force Majeure

    We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God such as hurricanes and earthquakes, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

    (b) Disputes

    Any disputes you may have with respect to the Secure Cloud Storage Services will be resolved under the terms set forth in the Agreement.

    (c) Notice

    If you wish to contact us in writing, or if any condition in the Terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected].

  • Liberty Business Ongoing

    These Terms and Conditions ("Terms") govern your use of the Liberty Business Ongoing service (hereafter "Liberty Business Ongoing" or the "Service") that Liberty Communications of Puerto Rico LLC and its respective subsidiaries and affiliates (collectively, "Liberty", or "we", "us", or "our") offers to its business customers and includes all features and communications we provide in connection with the Service, however accessed or used, that we operate, make available now or in the future, produce, or maintain. Using, accessing, ordering, starting the Service, selecting "Accept," "Continue", "Yes" or otherwise indicating agreement constitutes your acceptance of these Terms and your agreement to be legally bound by these Terms. You further agree to these Terms on behalf of the company or other legal entity for which you are acting ("Client") (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual (in either case, "you").

    You represent and warrant that you have the right and authority to act on behalf of and bind such entity (if any) and yourself. If you do not agree to all of the Terms, you are not authorized to use the Service and you must immediately cease your use of the Service and delete any portions of the Service you may have copied or downloaded.

    You acknowledge and agree that the offer you accepted to purchase the Service may require you to purchase and use the Service for a minimum period of time, and that the terms of such offer are a legally binding part of these Terms. Such terms may include, for example, a minimum commitment to purchase and use the Service, early termination fees, and restrictions on use.

    You must be an adult of legal age of majority in the state, territory or country of residence where you live to enter into the agreement that is created by these Terms. You are legally and financially responsible for all of your acts and omissions while using or accessing the Service, including those you allow to use the Service. You affirm that you have reached the legal age of majority, understand and accept these Terms.

    The Terms do not modify or supersede any terms applicable to other products purchased by you from Liberty. These terms supplement and incorporate by this reference the Liberty Commercial Service Agreement (the "Agreement") and our Privacy Policy. To the extent there is a direct conflict between the Agreement and these Terms, these Terms will prevail solely to the extent applicable to the Service.

    We reserve the right to change these Terms. If we change these Terms, we may provide notice of material changes and such notice may include communications through the Service, via regular mail or, in the event you have opted-in to receiving servicing messages electronically, via a message to the email address or phone number provided. We will also update the "Last Updated" date at the top of these Terms when we make changes. Your continued use of the Service after the changes are posted or made available to you is deemed to be your acceptance of the changes made. If you do not agree to any revised Terms, you must immediately cease your use of the Service. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Service.

    1. GENERAL

    Liberty Business Ongoing is a service for eligible Liberty Business customers who want broadband redundant connectivity backup through use of a mobile network.

    2. INTENTIONALLY OMITTED

    3. DESCRIPTION AND SCOPE OF THE SERVICE

    If your broadband service fails, Liberty Business Ongoing is designed to transfer your connectivity from broadband to a Liberty mobile network as described below. This Service requires a broadband subscription and is an upgrade/bundled solution. Use of the Service requires the following:

    Hardware:

    • WiFi router provided by Liberty. (The cost of the WiFi router is included in the monthly Service fee.)
    • USB Modem provided by Liberty. (The cost of the USB Modem is included in the monthly Service fee.)
    • SIM card provided by Liberty.

    Subscriptions:

    • Wireline Subscription service
    • Wireless Internet service

    Service Limitations:

    • When you are switched to the failover WiFi service, you will not be able to use your Voice over IP, video and static IP.
    • Actual bandwidth will depend on the level of Service purchased (Premium or Standard).
    • Data speeds depend on the applicable LTE infrastructure, not your broadband speed.
    • We make no representations regarding the speed of the Service when you are using the backup wireless functionality. Actual speeds may vary based on factors such as your location, the location where the hardware is placed, the physical structure of the Service Location, among others.
    • If you exceed 20GB in a 1-month period, data speed will be downgraded to 512kbps.

    The WiFi router must be provided by Liberty; no customer substitutions are permitted. All hardware provided as part of this Service is Company Equipment as defined in the Agreement and is subject to the Company Equipment terms in your Agreement. A Liberty technician will install the required hardware and set up the Service at the Service Location. You may not use the Service at an address other than the designated Service Location without our prior written authorization.

    4. BACKUPS

    The Service provides back up connectivity. However, this is intended to be a backup and should not be used as your primary internet connectivity service.

    5. ADDITIONAL TERMS

    Unused amounts of the bandwidth allowance will expire at the end of the monthly billing cycle and do not carry over to subsequent billing cycles.

    The Service will be invoiced in two different invoices, and maybe at different days of the month. Notwithstanding, Liberty may suspend both services if any of the two invoices are not paid as agreed.

    6. PRIVACY

    Data collection and use, including data collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms. You understand and agree that Liberty is not responsible for any data you may share with third parties.

    7. THIRD-PARTY PRODUCTS

    The Services require use of third party hardware products (the "Third-Party Products"). Your use of such Third-Party Products may be governed by additional terms applicable to users of the Third-Party Products (collectively, "Third-Party Terms"). You are solely responsible for reviewing and complying with all Third-Party Terms applicable to your use of the Third-Party Products. We will have no responsibility for, and makes no representations and warranties regarding, any Third-Party Products or your use of such Third-Party Products.

    8. TERM; SUSPENSION AND TERMINATION

    (a) You understand and agree to an initial term as specified in your service request form or Master Service Agreement ("Initial Term") to use the Service or such other minimum term set forth in the offer under which you purchased the Service. Thereafter, your use will continue for successive one-month periods (each a "Renewal Term" and, collectively with the Initial Term, the "Term") unless either party gives the other notice of non-renewal at least thirty (30) days before expiration of the Initial Term or then-current Renewal Term. You agree to pay for the full Term if you cancel your use of the Services before the end of the Term.

    (b) We reserve the right to terminate your use of the Services if: (a) you fail to fully comply with any of the provisions of the Terms, or any other provisions, agreements, offers, or policies that apply to the Services and its use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. We will also terminate your right to access and use the Services if you terminate your Agreement.

    (c) We may also suspend or terminate your use of the Service if you fail to pay all amounts due related to these Terms. We will restore the Service when you prove that you have settled any debt; with the understanding that if, after the established number of business days of having suspended the Services, Liberty does not receive the corresponding payment, Liberty may cancel the Services without any responsibility and without the need for a judicial declaration. This cancellation does not excuse your obligation to pay any outstanding fees owed to Liberty.

    (e) You may request the cancellation of the Service, after the initial Term, by calling the Service Center. You must pay the full monthly payment, regardless of the day on which the notification of cancellation of the Service is presented. In case of early termination, you acknowledge and agree that you are required to pay the remaining months of the Term. Once the Service has been cancelled, your access to the Service will be immediately terminated and you must return any hardware owned by Liberty.

    9. OWNERSHIP; TRADEMARKS

    (a) Except for information or data owned by you, the materials available through the Service are the property of Liberty or its licensors and are protected by copyright, trademark, and other intellectual property laws ("Liberty Content"). You agree and acknowledge that the Service is licensed by Liberty and its licensors and not sold. Liberty or its licensors retain all right, title, and interest in and to the Service, the Liberty Content and other subject matter contained in or made available through the Service, and all related intellectual property rights. You obtain no rights in or to the Service under these Terms or any Liberty Content or other subject matter made available through the Service.

    (b) All Liberty trademarks, service marks, trade names, logos or graphics appearing on the Service or in the Liberty Content (collectively, the "Marks") are owned by Liberty or one of its licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks without our prior written consent or the consent of the trademark owner (in the case of our licensors).

    10. RESTRICTIONS

    (a) Without limitation, you agree not to use the Service, whether directly or indirectly: (i) for any activity that, in our sole discretion, adversely affects our network, or the ability of other people to use or enjoy the Service; (ii) to access, or attempt to access, without authority, the accounts of others, or penetrate, or attempt to penetrate, security measures of our system; (iii) for any unlawful purpose, including (without limitation) the violation of relevant copyright; (iv) to distribute unsolicited bulk or commercial messages, commonly known as "spam;" or (v) to impersonate another user, or engage in phishing or any other fraudulent activity. In addition, you shall not (i) reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any Liberty Content or other portion of the Service; (ii) circumvent any user limits or other timing, use or functionality restrictions built into the Service; (iii) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our prior written consent; (iv) engage in the systematic retrieval of data or other content from the Service to compile any databases without our prior written consent; (v) remove any proprietary notices, labels, copyright or Marks from the Service; or (vi) access the Service in order to (1) build a competitive product to Liberty Business Ongoing, or (2) copy any ideas, features, functions or graphics of the Service.

    (b) You also agree that your use of the Service is your sole responsibility and subject to all applicable laws and regulations. We, in our sole discretion, or any of our licensees, may prosecute you and other responsible parties in the event that the Service are used for any unlawful purpose.

    11. ACCEPTABLE USE POLICY

    You agree to comply with any Acceptable Use Policies referenced in the Agreement. Liberty maintains sole discretion to determine whether an activity falls within the scope of prohibited uses and Liberty may take any and all actions necessary to prevent and stop prohibited uses including but not limited to the suspension, reduction, or termination of your access to Liberty services and networks without prior notice. Prohibited use or activity may result in criminal and civil liability.

    12. FEEDBACK

    Liberty welcomes your comments about Liberty Business Ongoing as well as our other products or offerings. However, any communication you send to Liberty will be deemed submitted on a non-confidential basis and will become the exclusive property of Liberty. Liberty may, in its sole discretion, reproduce, use, publish, modify, distribute, or otherwise use these communications in any way and for any purpose. Any use Liberty makes of such communications shall not entail any liability or obligation for the User.

    13. INDEMNIFICATION

    Without limiting any indemnification obligations in the Agreement, you agree to indemnify, defend and hold Liberty (including its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, licensees, suppliers, etc.) harmless from all claims, losses, costs, damages and expenses (including attorneys' fees) resulting from any violation of these Terms or unauthorized use of the Service. Your indemnification obligation will survive the termination of these Terms. We reserve the right to assume the exclusive defense and control of any matter relating to these Terms, subject to indemnification by you, and you agree to cooperate with Liberty in our defense.

    14. DISCLAIMER OF WARRANTIES AND LIABILITY

    WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT, YOU AGREE THAT YOUR USE OF THE SERVICE AND THIRD-PARTY PRODUCTS IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THE UNCERTAINTY OF ELECTRONIC DISTRIBUTION AND THAT INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS ARE POSSIBLE. THEREFORE, IF YOU RELY ON THE SERVICE AND THIRD-PARTY PRODUCTS, PLEASE NOTE THAT YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS, NETWORKS OR MOBILE DEVICES, OR LOSS OF DATA RESULTING FROM ANY USE OF THE SERVICE AND THIRD-PARTY PRODUCTS. THE SERVICE AND THIRD-PARTY PRODUCTS ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. LIBERTY AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR DO THEY WARRANT THAT THE SERVICE OR THIRD-PARTY PRODUCTS ARE ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR THAT THE SERVICE AND THIRD-PARTY PRODUCTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL LIBERTY (INCLUDING ITS PARENTS, SUBSIDIARIES AND/OR AFFILIATES) OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES CAUSED BY THE USE OR MISUSE OF THE SERVICE AND THIRD-PARTY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR DAMAGES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, AND OTHER ACTIONS FOR DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF LIBERTY (INCLUDING ITS PARENTS, SUBSIDIARIES AND/OR AFFILIATES) AND ITS LICENSORS ARISING OUT OF ANY TYPE OF CAUSE OF ACTION IN ANY WAY RELATING TO THE SERVICE SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).

    15. MISCELLANEOUS

    (a) Force Majeure

    We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God such as hurricanes and earthquakes, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

    (b) Disputes

    Any disputes you may have with respect to the Service will be resolved under the terms set forth in the Agreement.

    (c) Notice

    If you wish to contact us in writing, or if any condition in the Terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected].

    (d) Waivers; Amendments

    No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other business form employed by you, including any electronic invoicing portals and vendor registration processes, will supersede the terms and conditions herein, and any such document relating to the Services shall be for administrative purposes only and shall have no legal effect.

  • Terms and Conditions: WowFi

    PLUME DESIGN, INC. CUSTOMER PRIVACY POLICY FOR U.S.A. and CANADA

    Last Updated: December 20, 2022

    Plume Design, Inc. and its subsidiaries and affiliates (collectively, Plume or we) offers software, mobile applications (Plume Mobile Apps), hardware, Plume's user experience management platform and other related services that deliver smart home and enterprise-grade small business services built on self-optimizing WiFi technology (Plume Services). Plume provides this Plume Privacy Policy to explain the personal information that Plume processes and how and why Plume processes it.

    This Plume Privacy Policy also describes the rights and choices that you may have with respect to your Personal Information and how to exercise those rights. Privacy laws vary depending on each individual's place of habitual residence. This Plume Privacy Policy applies to individuals who reside in the U.S. and Canada. To learn about the privacy choices that Plume makes available for you, please see Section 8 below.

    If you are a U.S. resident, please also see our Privacy Rights Notice (California / U.S.), effective January 1, 2023, to learn more about how to exercise the privacy rights available under state law.

    Throughout this Plume Privacy Policy, we use the following terms with the following meanings:

    • CSP means a communication service provider that is a Plume customer
    • controller means the person or entity that determines why and how personal information is processed
    • Customer Network means the Wi-Fi network created through use of the Plume Services by a Plume customer or a CSP's customer, together with Customer Network Equipment
    • Customer Network Equipment means Plume's SuperPods and similar Wi-Fi extenders, OpenSync-enabled gateways and other on-premise Wi-Fi network equipment, whether CSP-provided equipment or equipment acquired by the customer
    • personal information means information that identifies or can be used to identify an individual person and, under some privacy laws that may apply to Plume, information that identifies a specific entity
    • processing means any operation (or set of operations), such as collecting, combining and storing, performed on personal information
    • processor means the person or entity processing personal information for or on behalf of a controller

    1. WHEN AND WHERE DOES THIS PLUME PRIVACY POLICY APPLY?

    When the Plume Privacy Policy applies depends on your relationship with Plume.

    When you submit personal information to create an account through Plume's online store, you are asked to acknowledge that this Plume Privacy Policy applies to your personal information. Plume is the controller of that personal information.

    Plume is a controller of personal information that Plume processes for service management purposes, such as to identify and track and record support, to ensure the security and integrity of the Plume Services, for billing and account management and to analyze, measure the effectiveness of and improve the Plume Services.

    Plume is the controller of personal information generated by or derived from use of the Plume Services. Plume refers to this data as Services Data.

    If a particular Plume-branded website or service links to a different privacy policy, then that privacy policy – not this Plume Privacy Policy – applies. Please make sure to check the other privacy policy to learn how your personal information is processed.

    2. WHAT PERSONAL INFORMATION DOES PLUME COLLECT AND WHY?

    Plume processes personal information to provide and promote the Plume Services, and for the other purposes listed below. The specific types of personal information that Plume collects from or about you depends on how you interact with Plume, the Plume Services used and the applicable law.

    a. Information you choose to give us

    We collect the personal information you choose to share with us. The personal information that you choose to give to us typically includes the following types of personal information:

    Contact and account information: Name, email address or other username, password, telephone number and similar contact information and purchase related contact information (e.g., billing and delivery address, payment information and similar information necessary to complete a purchase); profile nicknames and profile photos.

    • To create and maintain your account to use the Plume Services
    • To create a customer profile, such as a user profile displaying devices connected to a Customer Network
    • To enable Plume's communication service provider (CSP) and other partners to use Plume Services for data analyses about Customer Networks and for targeted marketing to their customers
    • To verify identity for certain Plume Services, such as for the guest user of a WorkPass Customer Network
    • To complete a purchase of Plume products, such as Plume SuperPods from Plume's online store
    • Payment card information is handled by a third-party payment processor, not Plume
    • To provide information that you request, such as when you download resources, participate in an event or sign up to receive emails from Plume
    • For marketing and to administer promotions that Plume may offer from time to time
    • For customer service and to respond to inquiries
    • To send information that we think will interest our customers, which is sometimes personalized based on the information associated with their accounts
    • To request customer feedback, such as through a survey about a new product
    • For research and innovation, such as algorithmic data matching that enables Plume and its business partners to better understand how Customer Networks are used

    Location Data: location is derived from IP addresses on a Customer Network.

    • To provide certain features of the Plume Services
    • To customize the experience of the Plume Services
    • To deliver targeted advertising
    • To provide customer support

    Information associated with a social media account: When you connect with Plume through a social media platform, such as Meta or Twitter, we collect the personal information permitted by the social media platform and your account permissions.

    b. Information about use of Plume Mobile Apps

    When you download and install one of the Plume Mobile Apps on your mobile device or tablet (Mobile Device), the information that Plume collects depends on your Mobile Device's operating system and permissions. The Plume Mobile Apps need to use certain features and data from your Mobile Device in order to function such as mobile operating system and version, usage data and crash reports for the Plume Mobile Apps.

    To learn more about the specific information collected by one of the Plume Mobile Apps, please check your Mobile Device's settings or review the permissions information available on the particular mobile app platform (e.g., Google Play or App Store) from which you downloaded the Plume Mobile App. Certain Plume Mobile Apps also allow you to check or change your status for certain data collection in the Plume Mobile Apps' settings. If you change your settings, certain features may not function properly.

    To stop collection of all information through a Plume Mobile App, please uninstall the Plume Mobile App.

    c. Information automatically collected by the Plume Services

    The Plume Services automatically collect certain information generated from and about use of the Plume Services and Customer Networks. Automatically collected information is used to help ensure that the Plume Services deliver the best Wi-Fi experience, quality of service and security for Customer Networks.

    Information about Customer Networks:

    • network addresses, Internet connections and operating statistics of Customer Network Equipment
    • type, operating system and other identifying information about Customer Network Equipment and computers and Mobile Devices connected to a Customer Network
    • Internet service provider (ISP) name and Internet protocol (IP) address, ISP speeds and outages
    • data about movement of computers and Mobile Devices while connected to Customer Networks
    • log information from Customer Network Equipment, such as connected computers and Mobile Devices, and their software and hardware versions and connection time
    • Customer Network metadata, such as dynamic host configuration protocol fingerprint, hypertext transfer protocol user agent information, Universal Plug and Play discovery protocol and multicast domain name system discovery information related to identifying devices and IP addresses
    • domain name system requests
    • current and historical data transfer speeds and data amount consumed
    • hostname and nicknames given to Customer Network Equipment and access points
    • source and destination traffic headers, IP addresses, ports, size and counts of transferred bytes and packets, metadata from certificate handshake in a TLS/HTTPS connection and DNS requests

    Digital well-being data (Data about use of a Customer Network available to a Customer Network's administrator when certain safety controls and security features are turned on in the Plume Services):

    • computers and Mobile Devices currently connected to a Customer Network
    • how long a specific computer or Mobile Device is connected
    • whether and which computer or Mobile Device was used to attempt access to a blocked domain

    Information specific to a Customer Network created using WorkPass: data collected from or about users of a small business' Customer Network that allow the Customer Network administrator to identify who is connected to the Customer Network, such as name, email address, city, country, year of birth, gender, telephone number, profile photo and social media handle before access to the Customer Network is granted.

    d. Information collected from third parties

    From time to time, Plume receives personal information from third parties that helps Plume learn more about customers and more effectively promote and improve the Plume Services.

    • Information from internet-connected devices and services when using the Plume Command (Voice Assistant) service, such as technical data and usage information from a Google or Amazon device connected to a Customer Network. Plume does not receive or process audio files.
    • Location information from use of MaxMind's GeoIP service
    • Personal information associated with purchases through Plume's on-line store. Plume does not have access to complete bank account numbers, credit card numbers or debit card numbers.
    • Personal information from marketing services providers to help identify individuals who may be interested in learning more about the Plume Services.
    • Personal information from the third-party advertising partners that use cookies on the Plume website to collect information about browsing activities over time and across websites.
    • Personal information from publicly available sources
    • Personal information from law enforcement and other government authorities (but only in rare cases)

    3. HOW DOES PLUME USE PERSONAL INFORMATION?

    Plume uses personal information to provide and improve the Plume Services, manage our business (including advertising and marketing), protect customers and other users, enforce our legal rights and comply with law.

    To operate and provide the Plume Services for Plume's business customers:

    • create user accounts and verify user identity
    • provide customer support and respond to customer requests
    • identify security threats and activity that may indicate unauthorized use of Customer Networks
    • schedule network optimizations and firmware updates for Customer Network Equipment
    • enable Customer Network administration, such as by offering tools for administrators to manage access, security and confidentiality policies

    For Plume's lawful and legitimate operational purposes:

    • monitor use of and protect the Plume Services and information processed through the Plume Services
    • track customer support, billing and account management
    • analyze, measure the effectiveness of and improve the Plume Services
    • identify customer needs and develop new products and services to meet them
    • conduct marketing about the Plume Services or related third-party products and services (where permitted)
    • detect and prevent fraud
    • enforce Plume's customer contracts and other legal agreements

    4. DOES PLUME USE AUTOMATED PROCESSING?

    Plume uses automated processing tools to analyze certain personal information for targeted marketing strategies, to support interconnections with Facebook, Google and similar providers for advertising on behalf of a CSP partner, for customer segmentation analysis, for data loss prevention, and to monitor use of the Plume Services in accordance with content, governance and information security policies.

    As required by applicable law, we will provide notice and obtain consent for, and/or allow you to opt out of, certain types of automated processing.

    5. HOW DOES PLUME SHARE PERSONAL INFORMATION?

    How Plume shares personal information depends on the Plume Services used. Generally, Plume shares personal information according to customer contracts, with people and businesses that help operate the Plume Services and otherwise when Plume is legally permitted or required to do so.

    Plume shares personal information with the following categories of recipients:

    • Professional advisors, such as lawyers, accountants, insurers and information security and forensics experts.
    • Marketing vendors that help promote the Plume Services and supplement personal information that we already have.
    • Service providers to enable them to perform services on our behalf, including data analytics, cloud storage providers, ecommerce operations, surveys and research.
    • Business customers when Plume is acting as a processor of personal information.
    • Business partners, such as the providers of the internet-connected devices and services that a customer chooses to connect to a Customer Network.
    • Potential or actual acquirers or investors and their professional advisers in connection with any actual or proposed merger, acquisition or investment.
    • Our affiliates and subsidiaries, such as Plume's entities in Poland, Slovenia, Switzerland and Taiwan.
    • Competent law enforcement, government regulators and courts when we believe disclosure is necessary to comply with the law, to exercise, establish or defend legal rights, or to protect the vital interests of users.
    • Other third parties with consent.

    6. HOW DOES PLUME PROTECT PERSONAL INFORMATION?

    Plume uses technical, physical, and administrative safeguards intended to protect the personal information that we process from unauthorized access and use. Our safeguards are designed to provide a level of security appropriate to the risk of processing your personal information.

    You are responsible for maintaining the security of your account credentials. Plume will treat access to the Plume Services through your account credentials as authorized by you.

    We may suspend your use of all or part of the Plume Services without notice if we suspect or detect any breach of security. If you believe that information you provided to Plume or your account is no longer secure, please notify us immediately at [email protected].

    UNAUTHORIZED ACCESS TO PERSONAL INFORMATION AND THE PLUME SERVICES – INCLUDING SCRAPING – IS PROHIBITED AND MAY LEAD TO CRIMINAL PROSECUTION.

    7. HOW LONG DOES PLUME RETAIN PERSONAL INFORMATION?

    Plume retains personal information associated with a customer's account for as long as the account is active and as required by Plume's customer contracts and otherwise for as long as necessary to carry out the purposes described above. Plume also retains personal information for as long as Plume believes necessary to comply with our legal obligations, resolve disputes and enforce our legal agreements.

    At the end of the relevant retention period, Plume either deletes or anonymizes personal information or, if Plume cannot delete or anonymize the personal information, then Plume segregates and securely stores personal information until deletion or anonymization is possible.

    8. WHAT CHOICES ARE AVAILABLE FOR PERSONAL INFORMATION?

    Your rights and choices about personal information depend on your place of habitual residence, the Plume Services that you use and our obligations as the controller of your personal information.

    The privacy rights that may apply to you are:

    • Right to know the personal information that Plume holds about you and how it is processed
    • Right to request that Plume corrects the personal information that Plume holds about you
    • Right to receive a copy of your personal information in a structured, common and machine-readable format
    • Right to request that Plume restricts the collection, processing or disclosure of your personal information
    • Right to object to the processing of your personal information
    • Right to request that Plume deletes your personal information

    These rights are not absolute. In some cases, your ability to access or control your personal information is limited by applicable law.

    IF YOU RESIDE IN A JURISDICTION WITH PRIVACY LAWS THAT OFFER YOU PRIVACY RIGHTS NOT DESCRIBED IN THIS PRIVACY POLICY, PLEASE CONTACT PLUME AT [email protected]. PLUME RESPECTS YOUR PRIVACY RIGHTS AND WILL DO OUR BEST TO ACCOMMODATE YOUR REQUESTS.

    Opting out of Plume's Marketing Emails: To stop receiving promotional emails from Plume, please click the "Unsubscribe" link at the bottom of the email. After you opt out, we may still send you non-promotional communications, such as receipts for purchases or administrative information about your account.

    Account deactivation: You can deactivate your Plume account through the Plume Services and by contacting Customer Support.

    Mobile Device Tools: Mobile operating systems and mobile app platforms have permission settings for specific types of mobile device data and notifications. You can use the settings on your Mobile Device to consent to or deny certain information collection. You can stop all information collection from a Plume Mobile App by uninstalling it.

    9. HOW DOES PLUME PROTECT CHILDREN'S PRIVACY?

    To learn more about HomePass parental controls, please see support.plume.com.

    10. DOES PLUME TRANSFER PERSONAL INFORMATION TO OTHER COUNTRIES?

    Plume may transfer personal information across borders to any of the places where Plume and its suppliers and partners do business. Other jurisdictions may have data protection laws that are different from (and, in some cases, less protective) than the laws where you reside.

    If your personal information is transferred across borders by Plume or on Plume's behalf, Plume uses appropriate safeguards to protect personal information in accordance with this Plume Privacy Policy, including agreeing to standard contractual clauses and similar model contracts.

    To request information about Plume's standard contractual clauses or model contracts, please contact [email protected].

    11. WHEN IS THIS PLUME PRIVACY POLICY CHANGED?

    Plume may update this Plume Privacy Policy from time to time in response to changing legal, technical or business developments. When Plume updates the Plume Privacy Policy, Plume will post the updated version and change the "Last Updated" date above. Plume also will take appropriate measures to inform you in advance of significant changes.

    12. WHO DO I CONTACT WITH QUESTIONS?

    The entity responsible for the processing of your Personal Information is Plume Design, Inc., unless Plume is acting as processor or service provider on behalf of one of Plume's business customers.

    If you have questions or comments about the Plume Privacy Policy or Plume's privacy practices, please contact us:

    • by email at [email protected]
    • by mail at: Plume Design, Inc., Attn: Privacy, 325 Lytton Ave, Suite 200, Palo Alto, CA 94301
  • Liberty's Internet Acceptable Use PolicyDownload PDF