Legal

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    1. For more information about the rights and obligations of both, Liberty and subscriber, please refer to the Residential Service Agreement, which is available on our website www.libertypr.com.
    2. Liberty will not discriminate against a subscriber or potential subscriber based on birth, age, race, creed, color, national origin, sex, sexual orientation, gender identity, social status or political or religious ideas.
    3. Liberty will not sign agreements with natural or legal persons who control or manage apartment buildings or horizontal cluster villas served by the Company, which have the effect of discouraging or impairing the right of any tenant or other occupant to use an antenna common to the building or a single antenna.
    4. Pursuant to a request from a cable subscriber, Liberty must, at no cost to the subscriber, reorder or completely block the visual or audio programming of each channel containing obscene or indecent programming, so that a person that is not subscribed to this programming, does not receive it.
    5. Liberty will comply with the privacy rights of subscribers in accordance with Section 631 of the Communications Act of 1934, as amended (47 USC 551). Please refer to our Subscriber Privacy Notice.
    6. Pursuant to regulations issued by the FCC, Liberty will provide maintenance and repair services for converters belonging to Liberty at no additional cost, as long as the repair or maintenance is not due to misuse or abuse of the equipment by the subscriber. The maintenance and repair services requiring intervention by Liberty of cables or other equipment located within the subscriber’s home that do not belong to Liberty, may be charged by Liberty at its regular rate. Liberty will begin taking steps to correct any problem with the service on the next business day after notification of the inconvenience. If an appointment is necessary to correct the problem, it will be scheduled for a specific time, or at most, within a period of four (4) working hours in a day. If Liberty fails to comply with the appointment once it is scheduled for reasons ascribable to Liberty, then Liberty shall grant a twenty-five dollar ($25.00) credit to Subscriber. Liberty will not be obligated to grant said credit when noncompliance is due to force majeure.
    7. The installation of cable service shall be available no later than seven (7) business days from the date on which it was requested if the installation requires an aerial or underground outlet that is already installed. If the installation requires an underground outlet that is not installed, the period shall be twenty (20) business days. In case of default by Liberty of the terms stated herein, Liberty shall grant a twenty-five dollar ($ 25.00) credit to subscriber. Liberty will not be obligated to grant said credit when noncompliance is due to force majeure. Liberty must keep a record of the date of the installation request and the date on which it was carried out. If the above terms have not been complied with, the reason for noncompliance must be stated.
    8. Liberty will provide each new subscriber with a copy of the actual rates. If a change of rate occurs, Liberty will notify such change to all affected subscribers at least thirty (30) days in advance. Any change by Liberty in its billing procedures, including billing cycle changes, will be notified in writing to all affected subscribers at least thirty (30) days in advance. No subscriber shall be billed for a service that has not been affirmatively requested. If Liberty requires a deposit or bond from a new subscriber, Liberty shall pay annual interest of 3%.
    9. In cases of natural disasters such as hurricanes, earthquakes, flooding, or other similar events, Liberty will automatically credit the customer at a rate of 1/30th part of the monthly bill for each day with four (4) or more hours without service due to such events and in accordance with Liberty’s records. For all other cases, Liberty will handle credits for service outages through its Customer Service Department, or pursuant to a written request from customer and in accordance with the particular days without the service claimed by the subscriber. After proper analysis, Liberty will grant applicable credits at a rate of 1/30th part of the monthly bill for each day with 4 or more hours without service in accordance with Liberty’s records. Subscriber shall present any credit request due to service outages within thirty (30) days from the occurrence of such outage. Notwithstanding the foregoing, the subscriber will be responsible of notifying Liberty of the service outage in person, by telephone within three (3) days of such outage in order to consider the request.

    Revised – 2023.

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    This guide provides information regarding the compatibility of our cable services and consumer equipment, and how to use your cable service. If you don’t find your particular situation described in this guide, please call us and we’ll work with you to determine the cable setup appropriate for your needs.

    All of our programming is delivered exclusively in encrypted, digital format to assure that services are received only by authorized subscribers. To access encrypted programming to which you subscribe, you will need to lease a set-top box or CableCARD for each television set, regardless of whether your TV, VCR or other device is capable of receiving unencrypted channels or is described as “cable ready.” CableCARDs are provided for compatible “Unidirectional Digital Cable Products” that you may purchase at retail. These devices will enable you to access our oneway cable TV offerings without a set-top box, but due to device limitations, cannot access our “two-way” cable services, such as the electronic program guide, Pay-Per-View, and Video on Demand.

    To operate your TV after it is connected to the cable system, turn on your television and the cable set-top box, and select the channel you wish to watch by selecting it on the set-top box using the remote control that came with the box. To ensure reliable operation, confirm the set-top box is plugged into a non-switched power outlet (one that is not controlled by a light switch) and that connections on the back are secure.

    When you use our set-top box, you may not be able to use some features on your TV or VCR. For example, you may not be able to use display features (such as picture-in-picture and channel review), use a VCR to record one program while viewing another, or use a VCR to record consecutive programs on different channels.

    As new technologies and services become available, additional compatibility problems requiring other special equipment may arise. We’re committed to helping you get the most out of your cable television service. Please feel free to contact us to discuss the cable setup appropriate for your needs.

    All of our leased set-top boxes include a remote control. However, you may also use certain compatible universal remote controls that may be purchased at retail. Most universal remotes manufactured since 2001 for sale in Puerto Rico should be compatible with the digital set-top boxes we deploy, but if you have questions about the compatibility of a specific remote with our service, please call us. The following is a representative list of compatible universal remotes currently available from retail stores:

    Remote Controls for Set-Top Boxes and DVRs

    1. RCA RCRHM02BR 2-Device Universal Membrane Remote
    2. Logitech® Harmony® 650 Universal remote with color screen
    3. RCA Model: RCR6473- 6 Device Universal Remote
    4. Arris DRC800 4 in one universal Remote
    5. GE 24927 8-Device IR Universal Remote Control
    6. Universal Electronics Remote Control 2025 TV 4 Device / URC2025- XX / URC2025-BX / URC2025- BO

    Notice of Availability of Broadcast Tier

    Pursuant to § 76.1618 of FCC rules, we are providing this notification so that customers may choose to purchase a tier of video service that primarily includes access to local broadcast stations. The channels included in the broadcast tier are indicated in our channel lineup and the rate for this
    service is in our rate card, included in this package.

    Revised – 2023

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    Maintaining Telephone Capability during Electrical Outages

    Our telephone service requires a modem (also known as an MTA) that is powered when connected to an electrical wall outlet. IF THE MTA LOSES POWER, YOUR TELEPHONE SERVICES WILL NOT WORK, INCLUDING 911 AND ANY HOME, SECURITY OR MEDICAL MONITORING THAT RELIES ON OUR TELEPHONE SERVICE. Certain MTAs include a battery slot that allows the installation of a backup battery. However, not all of Liberty’s MTAs have this option. We offer our customers the option to purchase a battery that provides back-up power to certain MTAs during brief outages, as described below. Batteries are not included in our standard equipment rental since many of our customers prefer to avoid the extra cost of batteries by choosing to rely on mobile phones and/or providing their own backup power sources that can also power other equipment. You are responsible for making your own decision about whether or how to supply back-up power for your telephone service.

    Cordless telephones require electricity and will not operate during a power outage even if you have purchased a back-up battery from us. If you purchase a backup battery or other power source, we recommend that you maintain at least one corded telephone to use during power outages.

    Available Backup Power Options

    Please refer to our Sales Form, our installation kit or www.libertypr.com to obtain backup battery pricing. Self-installation instructions will be provided with the battery and they are also available at our webpage. Please contact us at 787-355- 3535 to order a battery. If the battery does not work properly within thirty (30) days of the date that you purchase it from us, we will replace the battery at no additional cost.

    You may be able to obtain a battery directly from the manufacturer of the MTA; please refer to the MTA manufacturer’s website for more information. You may also be able to purchase a compatible battery for the MTA at retail from a third-party provider. Please search the MTA manufacturer’s product materials for your model of MTA to assure that a battery is compatible with the device. You are solely responsible for any damage that results from the installation or use of a backup battery.

    The backup batteries that we offer do not provide backup power for our Internet access service. You can purchase back-up power solutions from third parties, such as an uninterruptable power supply (UPS), that can provide backup power for your phone and modem, but please note that many UPS devices only last for a short time period, especially when used to power multiple devices. You may also wish to consider deploying other back-up power alternatives that may be available from electronics retailers, such as solar chargers, car chargers or mobile charging stations that may be more useful for extended outages. Please note that MTA batteries typically can only be re-charged through a powered MTA, so to use these alternatives to power your telephone service you may need to choose an option that can provide AC power to the MTA.

    Performance and Monitoring of Your Battery

    The battery that you may purchase from us is rated by its manufacturer to last for at least 8 hours in standby mode, when the battery is new. The battery is intended to enable users to make short, emergency or other urgent telephone calls. During an extended outage, use your phone service sparingly to preserve your battery life. The actual length of time that your phone will be available during a power outage depends on many variables, including, but not limited to, the following: (i) the amount of phone usage when the phone modem is receiving power from a backup battery; (ii) whether a backup battery is properly installed and charged; (iii) the condition and age of a backup battery; and (iv) prior usage of the battery. Batteries lose capacity over time, and a leading supplier of MTA batteries has advised that the expected lifespan of an installed battery is 6-10 years. Battery performance may be degraded if the battery or MTA is stored at temperatures outside of normal room temperature (59-77°F), or if it is frequently discharged and charged. Failure to adhere to these proper storage and usage conditions will reduce the talk time available to you and the life of your battery in a power outage situation.

    YOU ARE SOLELY RESPONSIBLE FOR TESTING, MONITORING, AND REPLACING YOUR BATTERY ON A REGULAR BASIS. We recommend that you check your battery at least every six months by checking the battery indicator while the MTA is plugged in or by checking your Home Phone’s functionality while the MTA is unplugged. For instructions on installing, testing and battery maintenance, please review the user guide for the MTA which can be found at the manufacturer’s web page.

    We do not guarantee uninterrupted telephone services even for customers that have working backup batteries or other power supplies. In some instances, such as during a weather event, our network may experience other problems that would prevent normal operation of your services even if you supply power to your devices.

    If you are concerned that the battery life of one of our batteries may not be enough, you may choose to purchase one or more additional batteries that can be installed in succession during an extended outage. Additional batteries should be stored at room temperature and should be rotated into the MTA at least once per year to recharge the main battery. Please note that, if you install a new battery when no AC power is provided to the MTA, you may need to press the reset button on the MTA for it to boot from battery power.

    Do not place batteries into fire, intense heat, or liquids. Do not attempt to open or modify battery packs, and avoid skin contact with cracked or leaking batteries. For information about how to dispose of your used battery, please refer to the manufacturer’s web site or contact them directly. The battery manufacturer name can usually be found on the bottom or side of the battery. You are responsible for reviewing all safety and other guidelines and instructions from the manufacturer of any battery or other backup power supply that you use with our services.

    Revised – 2023.

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    Thank you for choosing Liberty. This Commercial Services Agreement (“Agreement”) sets forth important terms and conditions that apply to all Services Liberty provides to you, including mandatory arbitration of disputes between us instead of class actions or jury trials. Services include wireless, fixed and wireless Internet, cable television, telephone, and any other product or service (together, the “Services,” and individually, a “Service”) we may provide to you.

    It is our policy to present you with a Work Order and/or Service Order either in electronic or print form when you initiate service or when we visit your business to install Services or address service problems. By signing your Work Order and/or Service Order or using our Service(s), you accept and agree to be legally bound by the terms and conditions set forth in this Agreement. Any Customer who does not agree to be bound by these terms should immediately stop use of the Service(s) and notify our Customer Service Department to terminate the account, subject to any applicable termination fees.

    This Agreement contains a binding arbitration provision in Section 13, which provides that you and the Company agree to resolve certain disputes through arbitration and affects your rights under this Agreement with respect to all Services. Subject to certain restrictions, you have the right to opt out of the arbitration provision.

    The terms and conditions in the “GENERAL TERMS AND CONDITIONS” section below are applicable to all Services. Additional terms and conditions apply to Liberty’s provision of Voice, Internet and Video, and should be reviewed below in the “ADDITIONAL TERMS APPLICABLE TO VOICE SERVICE” section, “ADDITIONAL TERMS APPLICABLE TO INTERNET SERVICE” section, or the “ADDITIONAL TERMS APPLICABLE TO VIDEO SERVICE”, as applicable.

    GENERAL TERMS AND CONDITIONS FOR ALL SERVICES

    1. Service Location, Access, and Installation.

    a. Access. You grant Liberty and its agents the right to enter the property at which the Service(s) and/or Company Equipment, as defined below, will be provided (the “Service Location”) during reasonable hours to install, maintain, configure or otherwise perform work related to the Service(s). You warrant that you are the owner of the Service Location or that you have authority to allow Liberty to enter the Service Location. You further grant Company all necessary easements to provide Service(s) to you and others in the same cable system. If you are not the owner of the Service Location, you agree to obtain permission from the owner of the property and provide to Liberty, if requested, proof of such permission. Liberty reserves the right to perform underground installations from the foundation to the building through the shortest and most reasonable route. If Customer is not the owner of the building, Customer pledges to indemnify and hold the Company harmless of any liability for any claims that the owner of the
    property may make as a result of the Service(s) provided under this Agreement.

    b. Installation Review; Interference. Company may perform an installation review of each Service Location prior to installation of the Services. Upon request, Customer shall provide Company with accurate site and/or physical network diagrams or maps of a Service Location, including electrical and other utility service maps, prior to the installation review. If Company determines that safe installation and/or activation of one or more of the Services will have negative consequences to Company’s personnel or network or cause technical difficulties to Company or its customers, Company may terminate the Work Order and/or Service Order effective upon written notice to Customer or may require Customer to correct the situation before proceeding with installation or activation of the Services. If at any time (i) proper operation of Company Equipment or provision of a Service is subject to interference or obstruction due to any cause other than Company’s actions or (ii) such interference or obstruction, or its cause, may endanger, hinder, harm or injure Company’s personnel or network and/or cause technical difficulties to Company or its customers, Company may terminate the affected Work Order(s), Service Order, and/or this Agreement without liability upon written notice to Customer.

    c. Site Preparation. Customer shall be responsible for necessary preparations at its location(s) for delivery and installation of Company Equipment and the installation and ongoing provision of Services, including the relocation of Customer’s equipment, furniture and furnishings as necessary to access the Equipment or Services. Upon request, Customer shall provide any available electrical, utility service, and/or general physical network diagrams or maps prior to installation or maintenance work to be undertaken by Company.

    d. Installation. Company will schedule one or more installation visits with Customer. Customer or a Customer authorized representative must be present during installation. If during the course of installation, Company determines additional work is necessary to enable Company to deliver the Services to the Service Location, Company will notify Customer of any additional charges. If Customer does not agree to pay such charges by executing a revised Work Order and/or Service Order within five (5) business days of receiving the same, Customer and Company shall each have the right to terminate the applicable Service Order, Work Order and/or this Agreement. Customer shall connect Customer’s computer or network to applicable Company-provided Equipment to enable access to the Services. Company shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation.

    e. Limitation on Company Liability for Installation. Company shall not be liable for any work Company performs as part of any installation, including without limitation any assistance Company’s representatives may provide to Customer in fulfilling Customer’s obligations for site preparation under this section. Customer expressly waives any claims it may have against Company for Company’s work related to site preparation or the installation, relocation, or other handling of Company Equipment or Customer Equipment.

    2. Company Equipment, Software and Marks.

    a. You acknowledge that, except for wiring installed inside the Service Location or equipment purchased by you from the Company, any converter box, remote control, cable modem, equipment and facilities we install, or provide for you to self-install, along with any equipment we lease to you (collectively, “Company Equipment”), is for your use only for purposes of using the Services, and remains Liberty’s property.

    b. You are responsible for safeguarding, protecting, and preventing the Company Equipment from being altered, damaged, lost, destroyed, or stolen. You agree to take reasonable security measures and procedures with respect to the use of and access to the Service and/or Company Equipment. You agree to return the Company Equipment to us when so required or upon termination of Service(s). You agree that you shall not allow the Company Equipment to be serviced, opened, or altered by anyone other than our employees or agents. You may not permit any attachments to, alteration of, or tampering with the Company Equipment.

    c. You are responsible for having a surge protector, ensuring an adequate ground connection, and connecting Company Equipment to such a surge protector. If Customer does not return any Company Equipment or it is destroyed or unusable, you agree to pay the current replacement cost of the Company Equipment. Liberty suggests that Company Equipment in your possession be covered by property insurance. Liberty shall have no obligation with regards to the use and operation of security cameras and/or closed circuit systems, Customer Equipment, as defined below, or any other equipment not provided by Liberty connected to Company Equipment.

    d. The Services and Company Equipment, including any firmware or software that may be embedded in the Company Equipment or used to provide the Services, are protected by trademark, copyright, and/or other intellectual property laws and international treaty provisions.

    e. Unauthorized use of Company Equipment or Service(s) may constitute a violation of federal and state law. You will be liable for all unauthorized use of the Service(s) and for any and all stolen Company Equipment and/or Services. You agree to notify us immediately, in writing or by calling our Customer Service Department during normal business hours, if you become aware at any time that Company Equipment has been stolen or that Services are being stolen or used without authorization. If you fail to notify us in a timely manner, your Service(s) may be terminated without notice, with additional charges to you.

    f. Any unauthorized connection to, or tampering with, any Company Equipment, or any theft of Services, shall be cause for immediate suspension of Services, termination of this Agreement and/or legal action, at Company’s discretion. In the event of any unauthorized connection to, or tampering with, Company Equipment, or any theft of Services, Company shall be entitled to recover damages from you, including the value of any Services and/or Company Equipment obtained in violation of this Agreement. You agree to pay Company’s costs incurred in collecting any damages under this Agreement, including Company’s attorney fees.

    g. Should any antenna, or signal amplification system for use in connection with communication equipment hereafter be installed on the Service Location which interferes with the Services, Company shall not be obligated to distribute a signal to the Service Location better than the highest quality which can be furnished without additional cost to Company as a result of such interference, until such time as the interference is eliminated.

    3. Customer Equipment.

    “Customer Equipment” means any Customer-owned or provided software, hardware or services that you elect to use in connection with the Service(s).

    a. Except as otherwise specifically provided in this Agreement, any Work Order(s) and/or Service Order, Customer shall be responsible for the maintenance or repair of any Customer Equipment, and Company shall not be responsible for any maintenance or repair.

    b. Customer acknowledges that Customer Equipment poses a security risk to Company’s network and Company Equipment, and Customer agrees it shall implement reasonable security measures and procedures with respect to Customer Equipment, including but not limited to maintaining physical security, password protection, and authentication for access to Customer Equipment. Customer is solely responsible for any security devices Customer chooses to connect or install on his/her computer device, in addition to any transmissions to or from Customer or its authorized Users. Customer shall be liable to Company for all damages, costs, and fees resulting from any unauthorized use, sharing, access, eavesdropping or any associated risks of unauthorized use of Customer Equipment, including the value of any Services obtained in violation of this Agreement. You also agree to pay Company’s costs incurred in collecting any damages under this Agreement, including Company’s attorney fees.

    c. You warrant you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. You should call our Customer Service Center to find out if the Customer Equipment meets our technical, security and other requirements. We reserve the right to disallow the use of Customer Equipment that we determine is not compatible with our network or is altered or tampered in any way. Except as otherwise specifically provided in this Agreement or any Work Order(s) and/or Service Order, we shall have no obligation to provide, maintain, or service Customer Equipment, including, but not limited to, Customer Equipment to which Company or a third party has sent software or downloads. Notwithstanding the foregoing, in the case Company provides any type of assistance related to Customer Equipment, Company will not be liable for any damages or mal functioning.

    d. You agree that the following limitation of liability applies: COMPANY DOES NOT WARRANT THAT CUSTOMER EQUIPMENT WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S). YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT. COMPANY SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.

    4. Limitations of service and liability.

    a. WE PROVIDE ALL SERVICE(S) ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIBERTY, ITS AFFILIATES, EMPLOYEES, AGENTS, NOR CONTRACTORS WARRANT THAT THE COMPANY EQUIPMENT OR SERVICE(S) WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR TRANSMIT UNCORRUPTED
    COMMUNICATIONS. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND,
    EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.

    b. LIBERTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSSES, OR INCONVENIENCES THAT CUSTOMER OR USER OF THE SERVICES MAY FACE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (A) YOUR RELIANCE ON OR USE OF COMPANY EQUIPMENT OR THE SERVICE(S) OR (B) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF ANY COMPANY EQUIPMENT, CUSTOMER EQUIPMENT, OR THE SERVICE(S) (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICES(S), COMPANY EQUIPMENT, OR CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSION,S, LOSS OF CALL DETAIL, E-MAIL, VOICEMAIL, OR OTHER INFORMATION OR DATA).

    c. Customer hereby also acknowledges that in order to provide the Services, Liberty uses state and municipal facilities and easements and/or rights of way, as well as those of telephone and electric power companies, and that the continued use of said facilities cannot be guaranteed by Liberty. Therefore, in the event that the use of these facilities and easements and/or right of way is denied for any reason and Liberty, in the exercise of its discretion, determines that it is unable to provide the Services by way of the use of alternate routes, the Service(s) under this contract shall be interrupted or terminated. You agree that you shall make no claim against Liberty due to such interruption of Services.

    5. Credits for interruptions in Services. At times, Liberty may interrupt the Services temporarily to make repairs and/or make modifications to the system that are necessary to guarantee the continuity and/or improve the quality of its services. In the presence of these interruptions, the Company shall be liable solely for making prorated adjustments on the bill pursuant to the applicable laws and regulations. Requests for credit for time without Service may be made by mail, by telephone, through our Webpage or at our Customer Service Centers. After the corresponding analysis of such request and the records in the System, Liberty shall award the applicable credits based on the results of the analysis at a rate of 1/30th of Customer’s monthly bill for every day with four (4) hours or more without Service. Customer must present any credit request for interruption of Services to Liberty within a period of thirty (30) days from the beginning of the interruption in Service. Nevertheless, Customer shall have the obligation of notifying Liberty about the interruption in Service, whether by telephone or by visiting Liberty, within a period of three (3) days from the beginning of said interruption for the request to be granted. This credit shall not be awarded if the interruption is due to negligence, nonpayment, or violation of the terms and conditions of the Agreement on the part of Customer.

    In no way shall Liberty be liable for crediting an amount above the rate for the Services during a month in which there are damages or losses. In no event shall we be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond our control, such as weather, natural disasters, interruptions in electric power, fiber/cable cuts, civil disturbances, terrorist acts, action or inaction by government authorities or any other cause that is unforeseen or out of the control of Liberty.

    6. Use of Services. You agree to use the Services solely as specified in this Agreement and any Service Order and/or Work Order. You will not use the Company Equipment at any time at an address other than the Service Location without our prior written authorization. You agree and represent that you will not resell or permit another to resell the Service(s) or system capacity in whole or in part. You will not use or permit another to use the Company Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted Company policy applicable to the Service(s). Use of the Company Equipment or Service(s) for transmission, communications or storage of any information, data or material in violation of any U.S. federal, state or local regulation or law is prohibited. You acknowledge that you are accepting this Agreement on behalf of all persons who use the Company Equipment and/or Service(s) at the Service Location and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable Company policies including, but not limited to, acceptable use and privacy policies available on our website https://business.libertypr.com/. You further acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Service(s). Violation of any part of this section of this Agreement is grounds for immediate termination of this Agreement, or immediate suspension of Service, solely in Company’s discretion, in addition to any other rights the Company may have.

    7. Deposit. Liberty reserves the right to request a deposit from Customer. The deposit amount shall be determined based on Customer’s credit history and shall serve as a partial security of any balance owed by Customer. The Company may change the deposit amount to be requested based on the payment and/or consumption history of Customer. Liberty may also require Customer to make a deposit for the use of the converter(s) and for their repair or replacement, and/or any other equipment owned by the Company. See Section 2 of this Agreement regarding your liability for the Company Equipment. The deposit shall generate interests pursuant to current laws. Upon disconnecting the Services, the Company may apply the deposit to the payment of balances owed by Customer, including, without limitation, charges for early termination, damage, loss, alteration, or destruction of Company Equipment, without necessarily providing any prior notice. If not applied for those purposes, Company will manage the deposit according to applicable legislation.

    8. Payments for Service(s).

    a. You agree to pay all charges associated with the Service(s), including, but not limited to: installation/service call charges; monthly service charges; paper billing charges; measured and per-call charges; charges for the use of Company Equipment; charges for customer requested removal, modification and/or or transfer of Company Equipment; and applicable federal, state, and local taxes, fees and regulatory charges, and other charges as set forth in your invoice. For more information about current rates please call us or refer to our website https://business.libertypr.com/. Not all fees and/or regulatory charges apply to all Service(s).

    b. Liberty shall provide you the Service(s) based on the type and amount of programming and Service(s) requested. The contractual price may vary depending on the timeframe of the Offer. All charges related to the Service(s) are billed monthly and are paid in advance on or before the day indicated on the bill as the due date, which is twenty (20) days after the Billing Date. Recurring monthly charges are nonrefundable should you request a suspension or reduction of Service(s). Nonrecurring service charges are paid in the next bill.

    c. Customer may choose between paper and electronic billing. If you select paper billing, we will send the statement to the postal address provided in the Service Order or given to the Customer Service Representative, subject to a $3.00 monthly charge. If you opt for electronic billing, you must provide a valid e-mail address and enroll in our “E-bill” system through mi.libertypr.com within twenty-five (25) days from the date of installation. We will send you an e-mail with instructions on how to do this. If you do not receive this e-mail within a week from the installation date, please contact Customer Service immediately to validate your e-mail address. Failure to enroll within the twenty-five (25) days will result in an automatic conversion to paper billing, and you will be charged the $3.00 monthly charge. You may modify the billing method at any time through mi.libertypr.com or by calling Customer Service. Payment can be made in any of the ways described on your bill. If you opt for the automatic debit benefit, you will continue to receive monthly bills showing payments made from your account.

    d. If you do not pay within thirty (30) days from the Billing Date, you will be charged an administrative late fee (“Late Fee”). Should the nonpayment continue for twenty (20) additional days, Liberty may disconnect any or all Service(s) subject to applicable law. Any Late Fee, charges, or assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable estimate of our costs from late payment or nonpayment, and are not penalties or interest. If you resume Service(s) after any disconnection, we may charge a reconnection fee, installation fee, and/or service activation fee. Nevertheless, you shall remain liable for any unpaid service fees, Late Fees, and for any unreturned Company Equipment. If we use a collection agency or attorney to collect money or equipment you owe us, you agree to pay reasonable costs of collection, attorneys’ fees, and arbitration or court costs.

    9. Changes to Services, Rates, and Other Changes. Company may, at any time and periodically, change our Service(s), Company Equipment, and rates or charges, with or without notice, subject to applicable law. As examples, we may: change programming; increase or change fees and charges for the Services; change the terms, policies, practices and procedures relevant to any Service; make changes affecting equipment or software; or change the features, functionalities, characteristics and specifications of any Service. If we provide you with notice of any change, we may provide it by any reasonable means, including in your bill, e-mail, or any other communication permitted by applicable law. You may terminate your Service(s) immediately if you do not accept any change in Service, subject to any applicable termination fees, but your continued use of the Service(s) thirty (30) days after the change will be deemed your acceptance of that change.

    10. Term. Except for those provisions which by their nature survive the termination of this Agreement, this Agreement will be in effect from the time that Services are activated until (1) it is terminated as provided for by this Agreement or by any addendum to this Agreement or (2) it is replaced by a revised Agreement. If you have agreed to an annual or two year agreement, you will be subject to Section 11(a) of this Agreement. If you have agreed to a monthly agreement, you will be subject to Section 11(b) of this Agreement. Please refer to your Work Order and/or Service Order for the Term of this Agreement.

    a. Annual or two year Agreement: You agree that the term of duration of your Agreement shall be twelve (12) or twenty four (24) months from the installation and activation date (the “Term”), as specified in your Work Order or Service Order. You agree not to cancel the Services rendered under this Agreement prior to the date on which the term expires. The rates included in the Agreement are valid solely with regard to the accepted offer that may combine Services offered by the Company. If you cancel any of the Services agreed to in the Agreement, from the time of cancellation, normal rates shall apply. If you voluntarily cancel all of the Services included in the Agreement or if they are cancelled due to your breach of the Agreement prior to the expiration of the Term, you shall be in violation of the terms established in the Agreement and you will be charged a cancellation fine equivalent to the total balance of remaining monthly payments according to the current term or two hundred dollars ($200.00), whichever is less, in addition to the debt, whichever is less, plus the debt for the Services rendered until the end of your current billing cycle. Additionally, Customer understands that at the end of the original term, this Agreement shall renew automatically for additional terms of one (1) month each, with the current rates and discounts on the date of each renewal being applicable and any cancellation shall be effective at the end of the corresponding month. As of the automatic renewal, Customer may request to terminate the Agreement at any time without any penalty and said cancellation shall be effective at the end of the billing cycle in progress at the time of cancelling. Please refer to Section 11for more details on Terminations by Customer.

    b. Monthly Agreement: You agree that the term of your Agreement shall be one month as of the start date of the billing cycle for your account, which may be the same date as the installation or a few days later. The Agreement shall renew automatically for periods of one month. Customer may cancel the Agreement at any time without any penalty and said cancellation shall be effective at the end of the billing cycle in progress at the time of cancelling. Please refer to Section 11 for more details on Terminations by Customer.

    11. DEFAULT; SUSPENSION OF SERVICE; TERMINATION. No express or implied waiver by Company of any event of default shall in any way be a waiver of any further subsequent event of default. Nothing herein, including Termination, shall relieve Customer of its obligation to pay Company all amounts due.

    a. Default by Customer. Customer shall be in default under this Agreement if Customer does one or more of the following things (each individually to be considered a separate event of default) and Customer fails to correct each such noncompliance within thirty (30) days of receipt of written notice (including any notice provided in any bill):

    i. Customer is more than 30 days past due with respect to any payment required hereunder;

    ii. Customer otherwise has failed to comply with the terms of this Agreement or any other Service Order(s) incorporated herein.

    b. Customer Termination for Convenience. Subject to any applicable early termination fees, you may terminate this Agreement by notifying the Company by phone call, letter, or in person at our Customer Service Centers. The amounts for charges related to installation shall not be returned. You are responsible for payment of any amount owed until the effective date of cancellation, including all service fees and related charges, and for the return of all Company Equipment. You must return all Company Equipment on or before the last day of your then current billing cycle in any of our Customer Service Centers in order to prevent an equipment collection charge (“Equipment Collection Charge”). You also have the option of coordinating via telephone with one of our Customer Service Representatives the collection of Company Equipment, subject to the Equipment Collection Charge. Termination will be effective at the end of the current billing cycle, regardless of whether you return or coordinate the collection of the Company Equipment before that date. Liberty may refuse to sign a new agreement with any Customer who has an outstanding debt to Company. Should the owed balance not be paid off, it shall continue to accrue administrative fees. Furthermore, Liberty may inform credit reporting agencies of the late payment and the amounts owed as of date. Lastly, Liberty may use any deposit that Customer may have made to satisfy any outstanding amounts owed.

    c. Self-Installation: If you self-install Company Equipment, Service charges begin the earliest of (1) the day on which you picked up Company Equipment at one of our locations, (2) the day you install the Service(s), (3) the day your order for the Service(s) is entered into our billing system if Company Equipment is not required for the Service(s) or a few days after the date we ship the Company Equipment to you.

    d. Company’s Right to Terminate and Termination Charge. If Customer is in default, Company shall have the right, without prior notice, and in addition to any other rights of Company expressly set forth in this Agreement and any other remedies it may have under applicable law to:

    i. Immediately suspend Services to Customer until such time as the underlying noncompliance has been corrected without affecting Customer’s on-going obligation to pay Company any amounts due under this Agreement as if such suspension of Services had not taken place;

    ii. Terminate the Services, this Agreement or the applicable Work Order(s) and/or Service Order.

    12. Dispute Resolution Procedure and Suspension of Service for Nonpayment. Liberty provides you with the following procedure for settling complaints from its customers pursuant to the Telecommunications Act of 1996 (27 L.P.R.A. §265 et. seq.) and the “Reglamento sobre Manejo de Disputas y Suspensión de Servicios bajo la Jurisdicción de la Junta Reglamentadora de Telecomunicaciones” (Puerto Rico Telecommunications Bureau Regulation Number 8065 of August 31, 2011).

    a. Scope of the procedure: This procedure applies to disputes that may arise between Liberty and its customers including billing and service objections and the procedure to follow with regard to the suspension of Service(s) for nonpayment.

    b. First Stage – Billing or Service Objections:

    i. Service related claims: may be made in writing by submitting your claim to (1) PO Box 192296, San Juan, Puerto Rico 00919 Att. Dispute and Claims Department; (2) by fax 787-355-9804; (3) by sending an e-mail to servicio@libertypr.com; (4) via telephone by calling 1-787-355-3535; or (5) in person, by visiting our Customer Service Centers.

    ii. Monthly billing objections: you will have twenty (20) days from the Billing Date to present your objection, which may be made in writing by submitting your claim to (1) PO Box 192296, San Juan, Puerto Rico 00919 Att. Dispute and Claims Department; (2) by fax 787-787-355-9804; (3) by sending an e-mail to servicio@libertypr.com; (4) via telephone by calling 1-787-355-3535; or (5) in person, by visiting our Customer Service Centers. YOU WILL HAVE TO MAKE A “PARTIAL PAYMENT” FOR THE AMOUNT THAT IS NOT BEING DISPUTED. THIS PAYMENT MUST BE RECEIVED BY LIBERTY WITHIN THIRTY (30) DAYS OF THE BILLING DATE IN ORDER TO AVOID THE LATE FEE THAT IS APPLIED THIRTY (30) DAYS AFTER THE BILLING DATE AND THE DISCONNECTION THAT IS PERFORMED TWENTY (20) DAYS AFTER THE FIRST THIRTY (30) DAYS EXPIRE. ADDITIONALLY, THE COMPANY WILL NOT BEGIN INVESTIGATING THE BILLING OBJECTION, NOR RECOGNIZE THE OBJECTION, UNTIL YOU PAY THE NON CONTESTED CHARGES AND ANY OTHER FUTURE, NON OBJECTED, CHARGES IN WHICH YOU INCUR WHILE THE OBJECTION IS PENDING RESOLUTION. Liberty shall have up to twenty (20) days to settle any dispute regarding charges included in the monthly bill.

    c. Second Stage – Reconsideration of the Decision: If after having exhausted the Procedure described above, you are not satisfied with the resolution of your claim, you shall have twenty (20) days from the date Liberty’s decision is mailed to request a written reconsideration at PO Box 192296 San Juan, PR 00919-2296, Att. Disputes & Claims Department. You must include the following information: 1) name, mailing address and account number of Customer filing the complaint; 2) constructive facts of the claim; 3) reference to legal provisions if known; 4) remedy that is being requested; 5) signature of the petitioner; and 6) business phone number and any other where you can be reached. Within a period of twenty (20) days of having received the reconsideration request, Liberty will notify you of the resolution. If the decision in reconsideration is adverse to the Customer, you must pay the outstanding balance within thirty (30) days from the notification of the decision. If the Customer fails to pay or appeal for review to the Bureau, Liberty may suspend or disconnect the Service(s).

    d. Third Phase – Bureau Review: You as a complainant have the right to request the Puerto Rico Telecommunications Bureau to review Liberty’s resolution of the claim. All Requests for Review must be presented before the Bureau within the non-extendable term of thirty (30) calendar days from the notification of Liberty’s final determination. You may present the complaint by mail to the Bureau to the following address: 500 Roberto H. Todd Ave., 18th Stop, San Juan, PR 00907-3981; present it in person in the Bureau during regular business hours; or present it through electronic means at radicaciones@jrtpr.pr.gov. For more information, you may contact the Bureau by telephone (787)756-0804 and 1-866-578-5500. Contemporarily with the presentation of you request for review at the Bureau, you must certify to the Bureau that you have sent a copy of the Request for Review to the Company. The Bureau shall not attend to complaints that have not first been submitted to Liberty as part of the Dispute Settlement Procedure. (See Telecommunications Act, 27 L.P.R.A. §269j).

    e. Absent a final determination by Liberty of a Reconsideration Request (Second Phase), you may file your Request for Review with the Bureau within six (6) months (Third Phase), following the time prescribed for the notification of the Reconsideration Request determination.

    13. Binding Arbitration Procedure.

    a. PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.

    b. If you have a Dispute, as defined below, with Liberty that cannot be resolved through informal means and is not within the jurisdiction of the Puerto Rico Telecommunications Review Bureau to hear through the dispute resolution procedure set forth in Section 12 of this Agreement, you or the Company may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Procedure rather than litigate the Dispute in court. Arbitration means that you will have a fair hearing before a neutral arbitrator instead of a court before a judge or jury. Proceedings in arbitration may also result in limited discovery. An arbitration award is subject to limited review by a court. By agreeing to this Arbitration Procedure, you may be waiving constitutional or statutory rights.

    c. Agreement: This Arbitration Procedure establishes the conditions and the procedures related to a resolution through arbitration of any claim and/or dispute, as defined below that can arise between you and Liberty. This means that if either party chooses arbitration, neither you nor we have the right to litigate and/or present legal action in first instance before any court. As part of the requirements established here, your capacity to participate in a class action is limited.

    d. Right to Opt Out: YOU MAY OPT OUT OF THIS ARBITRATION PROVISION (EXCEPT FOR THE SUB-SECTION TITLED CLASS ACTION WAIVER AND OTHER RESTRICTIONS) BY NOTIFYING LIBERTY OF YOUR INTENT WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST RECEIVE THIS AGREEMENT. YOU MAY OPT OUT THROUGH EITHER OF THE FOLLOWING OPTIONS (PLEASE INCLUDE YOUR NAME, ADDRESS, ACCOUNT NUMBER AND THE E-MAIL ADDRESS YOU USED TO REGISTER FOR YOUR LIBERTY ACCOUNT): (1) SENDING A LETTER STATING YOUR INTENT TO REJECT THIS DISPUTE RESOLUTION PROVISION TO LIBERTY AT LIBERTY COMMUNICATIONS OF PUERTO RICO LLC, LEGAL DEPARTMENT, P.O. BOX 192296, SAN JUAN, PR 00919-2296; OR (2) SENDING AN E-MAIL WITH YOUR INTENT TO REJECT THIS DISPUTE RESOLUTION PROVISION TO ARBITRATIONOPTOUT@LIBERTYPR.COM. OPTING OUT WILL NOT AFFECT ANY OF THE OTHER TERMS OF THIS AGREEMENT WITH LIBERTY AND YOU MAY REMAIN A LIBERTY CUSTOMER. IF YOU HAVE PREVIOUSLY OPTED OUT OF THIS ARBITRATION PROVISION, YOU WILL NOT BE REQUIRED TO DO SO AGAIN.

    e. Class Action Waiver and Other Restrictions: The parties to any arbitration must be individually named. There shall be no right or authority for any claims to be arbitrated or litigated on a class action or consolidated or a purported representative capacity. The arbiter will only have the authority to resolve Disputes between you and the Company.

    f. Applicable Law: This Arbitration Procedure will be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16, as may be amended (“FAA”), and the corresponding and applicable regulation. This Arbitration Procedure will survive the cancelation of the Contract.

    g. Definitions: As used in this procedure, the term “Dispute” means any dispute, claim or controversy – of any kind or nature, between you and Liberty that arises from or in relation with the Service(s) or the Liberty Commercial Service Agreement, be it based on a contract, statute, regulation, ordinance, and damages (including but not limited to fraud, false representation, fraudulent induction, negligence or any other intentional damage) or any other legal theory or in equity, including the validity, applicability or range of this Agreement and that of the class action waiver. “Dispute” also includes claims and/or disputes by or against a third party related to a provision or presentation of any product, service or benefit related to the Service(s) (including, but not limited to, third parties that use or access the Service, debt collectors and all of their agents, employees, directors and representatives) if and only if, the third party denominates itself as a co-party with you or us (or a claim with or against you or us), in relation to a claim from you or us against the others. As used in this Arbitration Procedure, the terms “you” and “us” include also any parent corporation, or all or most of its subsidiaries, affiliates, license holders, predecessors, successors, assignees, account buyers, all agents, employees, directors and representatives of any of the aforementioned and any third party that uses or gives any product, service or benefit. The term “Dispute” and/or “Claim” will have the broadest meaning possible that is feasible.

    h. Arbitration Procedure: If you or Liberty choose to resolve your Dispute through arbitration, the party that initiates the arbitration will choose the following arbitration organization, which will apply the appropriate customer claim rules to arbitrate the Dispute:

    American Arbitration Association (“AAA”)
    335 Madison Ave., Floor 10
    New York, NY 10017-4605
    1(800)778-7879 www.adr.org

    The FAA and not state arbitration laws will govern arbitration procedures for all Disputes. The arbitration proceeding shall be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes that are in effect when the arbitration is initiated (collectively, “AAA Rules”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. However, applicable federal law or Commonwealth of Puerto Rico law will provide the substantive law governing any Dispute. Any Commonwealth of Puerto Rico arbitration law will not be applicable under this Arbitration clause. If there is a conflict between this Arbitration Procedure and AAA Rules, the rules included in this Agreement will apply. If there is a conflict between this Arbitration Procedure and other terms in the Contract, this Arbitration Procedure will apply.

    A single arbiter will resolve the Dispute. The arbiter will honor the privilege claims acknowledged by applicable law and will take reasonable steps to protect the customer’s account information and other proprietary or confidential information, including on the party’s request the use of protective orders to prohibit disclosure outside arbitration.

    The arbiter will make the award in writing but will not be required to provide a statement of the reasons unless you or Liberty request one, in which case the arbiter will provide a brief statement of the reasons for his award. If the arbiter makes an adjudication of over $5,000.00, any of the parties can appeal the decision before a panel of three arbiters run by the AAA. The three members of this panel will be chosen according AAA Rules. The party that wishes to appeal the first arbiter’s decision will have thirty (30) days from the date of entry of the final award to file a written notice of appeal. The AAA will then notify the other party that the initial adjudication has been appealed. The three-arbiter panel will issue its decision within a period of one-hundred and twenty (120) days from the appeal notification date. The three-arbiter panel’s decision will be final and binding, except for any appeal rights that exist under the FAA.

    i. Arbitration Restrictions: ALL DISPUTES COVERED BY THIS ARBITRATION PROCEDURE MUST BE FILED AND SUBMITTED TO ARBITRATION NO LATER THAN ONE (1) YEAR AFTER THE AGGRIEVED PARTY BECAME AWARE OR SHOULD HAVE BECOME AWARE OF THE ACT OR OMISSION GIVING RISE TO THE DISPUTE. THE FAILURE TO SUBMIT A DISPUTE TO ARBITRATION WITHIN ONE (1) YEAR IS AN ABSOLUTE IMPEDIMENT TO THE INSTITUTION OF ARBITRATION OR ANY OTHER LEGAL PROCEEDING IN ANY FORUM BASED ON THAT DISPUTE. Under this section, a Dispute is deemed to have been submitted to arbitration on the date a formal written arbitration demand is presented at the FAA, and with a copy of the submitted demand to the Company pursuant to the Notice provisions of this Agreement contained in Section 18 of this Agreement.

    j. Arbitration Location, Fee Payment and Charges: The arbitration will take place in San Juan, Puerto Rico. Upon receipt of your written arbitration request, Liberty will pay the filing fee for the arbitration, and the arbiters’ costs and expenses. You will be responsible for any additional costs you may incur for the arbitration, including but not limited to attorney or expert fees. If one of the parties chooses to appeal the decision to a three-arbiter panel, the winning party in the appeal will have the right to recover all attorney fees and costs that were incurred in that appeal.

    k. Severability: If any clause in this Arbitration Procedure is found to be illegal or unenforceable, that clause will be severed from this Arbitration Procedure, and the rest of this will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, this entire Arbitration Procedure will not be enforceable and the Dispute will be decided by a court or the Puerto Rico Telecommunications Bureau. In the case that this entire Arbitration Procedure is found to be illegal or unenforceable, for any reason, or if a claim is brought in a Dispute that is found to be excluded from this Arbitration Procedure, YOU AND LIBERTY AGREE TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO A JURY TRIAL AND CLASS ACTIONS.

    l. Exclusions for Small Claims, Puerto Rico Telecommunications Bureau Claims, and Other Claims:

    i. You and company agree that any claim filed by you or by Company that is not aggregated with the claim of any other subscriber, and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicating small claims, will not be subject to arbitration.

    ii. Claims where the amount in dispute is valued at less than the cost of AAA fees, disputes about company’s intellectual property, and claims related to theft of their service will not be subject to arbitration.

    iii. All claims that are within the jurisdiction of the Puerto Rico Telecommunications Bureau will not be subject to arbitration, but will be filed with that Bureau through the formal dispute resolution procedure set forth in Section 12 above.

    14. Authorized Representative. Customer may designate in writing one or more authorized representatives to act on its behalf with respect to the matters described in this Agreement. Any communication made by such authorized representative to Company shall be deemed the communication of Customer to Company, and shall be binding on Customer. Customer represents and warrants that the person executing this Agreement is a duly authorized representative of Customer and is vested with full authority to bind Customer.

    15. Indemnification. You agree to indemnify, defend and hold harmless the Company, its partners, officers, directors, employees, agents, suppliers and affiliates of and from any and all claims, judgments, costs, liabilities, damages and expenses (including attorneys’ fees) suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Agreement. Your indemnification will survive any termination of this Agreement.

    16. Additional Terms and Conditions. The following are incorporated by reference into this Agreement: Notification of Rights to All of Our Subscribers and our Privacy Policy, which are sent once a year to all of our subscribers, and which can be found on our website business.libertypr.com or at our Customer Services Centers. You agree to read and refer to these additional terms and conditions.

    17. Conflicting Versions. If there is any conflict or potential conflict between the English and Spanish language versions of any term, condition or provision of this Agreement, or any other term, condition or provision incorporated by reference into this Agreement, the Spanish language version shall control the meaning of all such conflicts or potential conflicts.

    18. Survival. All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement and termination of your Service(s).

    19. How to Contact Us. For any inquiries or notices required in connection with this Agreement, you may contact us at:

    Liberty Communications of Puerto Rico LLC
    PO Box. 192296
    San Juan, PR 00919
    Att. Legal Department

    20. Notices. We will provide you with notices consistent with applicable law. If we provide you with notice of any change, we may provide it by any reasonable means, including with or in your bill, by e-mail, or any other communication permitted by applicable law. Customer agrees that any one of the foregoing will constitute sufficient notice. You agree to regularly check your mail, e-mail and all postings on our website and bear the risk of failing to do so. If you give notice to us, it will be deemed given when received by us at the address provided in this Agreement for such notices.

    21. Entire Agreement. This Agreement and the other documents incorporated by reference constitute the entire agreement and understanding between Customer and Company with respect to the subject matter of this Agreement, and replace all prior written or verbal agreements. If any term or condition of this Agreement is held to be unenforceable by a court, tribunal or arbitrator, the remainder of the Agreement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. The Company does not waive any provision or right if it fails to strictly enforce performance of any provision of this Agreement. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement.

    22. Governing Law. This Agreement is and shall be governed by and construed in accordance with the applicable federal laws or the laws of the Commonwealth of Puerto Rico.

    23. Force Majeure. Company shall not be liable for any delay or failure of performance or Company Equipment due to causes beyond its control, including, but not limited to: acts of God, natural disaster, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States government or of any other government, including state and local governments having or claiming jurisdiction over the Company, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts or work stoppages.

    24. Assignment. You may not assign this Agreement, the Service(s), or Company Equipment. You agree to notify us immediately of any changes of ownership or occupancy of the Service Location. We may freely assign our rights and obligations under this Agreement with or without notice to you.

    ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO VOICE SERVICE (“Voice over IP” or VoIP”).

    In addition to the General Terms and Conditions above, the following terms and conditions are specifically applicable to a Customer who subscribes to the Company’s Voice Service.

    25. USAGE BILLING

    a. Per-Call and Measured-Call Charges. Calling plans billed on a flat monthly fee basis may not include certain call types. These call types will instead be charged on a per-call (e.g., operator services) or a measured basis (e.g., international calls). For billing purposes, a measured call begins when the carrier of the receiving party returns signaling to our network that the call has been answered and it ends when one of the parties disconnects the call. Measured calls are recorded in whole minutes, with partial minutes rounded up to the next whole minute. If the computed charge for a measured call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. Please contact us for information on per-call charges. If you believe the Service is being used for fraudulent purposes, contrary to the law, in violation of this Agreement, or for any other reason consistent with the terms of the law or this Agreement you may ask the Company to block all toll (long-distance) calls from the network. In the event of fraudulent or other unauthorized use of the Services from the Service Location, you remain responsible for all charges incurred prior to the time you ask the Company to block toll calls.

    b. Third-Party Charges. Voice Services may allow you to access information and other service providers (e.g., services accessible through 800, 888, 877 and 900 numbers), and other third-party providers. You acknowledge that you may incur charges with such providers that are separate and apart from the amounts charged by us. You agree that all charges payable to third parties, including all applicable taxes, are your sole responsibility. Notwithstanding anything to the contrary in the Agreement, some providers (e.g., those involved in calls to foreign countries) charge for a completed call when the called party’s line rings or after a certain number of rings. If such a provider charges Company, as if such a call were answered by the called party, Company will charge Customer for a completed call.

    26. LIMITATIONS OF 911/E911 DIALING. The Company’s Voice Service includes 911/Enhanced 911 functions (“911/E911”) that may differ from 911/E911 functions furnished by traditional telephone service providers. As such, the 911/E911 Services may have certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS ON 911/E911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICES. If you have any questions about 911/E911, call Customer Service Center at the number listed at the end of this document or write to us to the address provided in section 18 of the Agreement.

    a. Correct Address: In order for your 911/E911 calls to be properly directed to emergency services, we must have the correct address for the Service Location. If you move the Voice Service to a different Premise without our approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the wrong address and/or the Voice Service (including 911/E911) may fail altogether. Therefore, you must call Customer Service at the number listed at the end of this document before you move the Voice Service to a new address. All changes in service address require our prior approval. Customer must in the initial or a subsequent Service Order request the assignment of Emergency Location Information numbers and provide location information within a multitenant environment for each number exactly as it should appear to the 911 call taker. Customer is solely responsible for programming its telephone system to map each location to one of these numbers, and for updating the system as necessary to reflect moves or additions of stations within the Service Location. Customer acknowledges and understands that it, and not the Company, bears sole responsibility to ensure that it identifies and complies with any laws requiring the provision of specific location information, and any failure to do so is a breach of the Agreement. YOU UNDERSTAND AND ACKNOWLEDGE THAT COMPANY WILL NEED SEVERAL BUSINESS DAYS TO UPDATE YOUR SERVICE ADDRESS IN THE E911 SYSTEM SO THAT YOUR 911/E911 CALLS CAN BE PROPERLY DIRECTED.

    b. Service Interruptions: Access to 911/E911 requires that your Voice Service is active and that you have electrical power connected to your MTA (multimedia terminal adapter). YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY LOSE ACCESS TO AND USE OF VOICE SERVICE, INCLUDING 911/E911, UNDER CERTAIN CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (i) IF OUR NETWORK OR FACILITIES ARE NOT OPERATING; (ii) IF ELECTRICAL POWER TO THE MODEM IS INTERRUPTED AND THE MODEM DOES NOT HAVE A BATTERY BACKUP; (iii) IF THE ELECTRICAL POWER TO THE MODEM IS INTERRUPTED AND ANY BATTERY BACKUP IS EXHAUSTED OR FAILS; or (IV) YOUR SERVICE HAS BEEN SUSPENDED OR IS NOT PROPERLY FUNCTIONING. You also understand and acknowledge that battery backup may provide power for only a limited time, that the performance of the battery backup is not guaranteed, and that if the battery is exhausted, the Voice Service will not function until normal power is restored. You understand and acknowledge that your MTA may not have battery backup or another power source of its own. Furthermore, calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network or network equipment failure, or another technical problem.

    c. Suspension and Termination by Company: You understand and acknowledge that all Voice Service, including 911/E911, as well as all online features of Voice Service, where we make these features available, will be disabled if your account is suspended or terminated.

    27. Limitation on Liability and Indemnification. YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICES, OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON
    BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO
    THE FAILURE OR OUTAGE OF THE SERVICES, INCLUDING THOSE RELATED TO 911/E911 SERVICES PROVIDED TO YOU IN CONNECTION WITH THE SERVICES.

    28. Acceptable Use and Additional Use Restrictions. Except as otherwise provided in the General Terms and Conditions, Voice Service may only be used at Service Location(s) where such service is installed by Company. Customer understands and acknowledges that if Customer attempts to install or use the Company Equipment or Voice Service at another location, Voice Service, including but not limited to 911/E911, may fail to function or may function improperly. It will be considered a material violation of the Agreement if Customer moves Voice Service to another location without first notifying Company. Customer expressly agrees not to use Voice Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitations or polling), fax or voicemail broadcasting or blasting, or for any other use that results in excessive usage inconsistent with standard commercial calling patterns. If Company determines, in its sole discretion, that Customer’s use of Voice Service is excessive, or otherwise in violation of this Agreement, Company reserves the right, among other things, to (i) immediately and without notice to terminate or modify the Services and (ii) to assess additional charges for each month in which excessive usage occurred. Further, we may suspend the account or accounts involved and/or block long distance calling that potentially violates this Agreement. You expressly authorize and consent to the Company and its supplier’s cooperation with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) other network or service suppliers in order to enforce this Agreement. Upon termination of your Service account, the Company is authorized to delete any voice mail associated with your account (and any secondary accounts). The failure of the Company or its suppliers to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

    29. Equipment.

    a. Handset and Wiring: In order to use the Voice Services, you are required to provide certain Customer Equipment such as a phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet. If we cannot get access to your inside phone wiring, you will need a cordless phone to use our Services throughout the Service Location.

    b. MTA: To use the Voice Services, you will also need an MTA (multimedia terminal adapter) certified by us as compatible with the Services. You can lease an MTA from us, in which case it is Company Equipment. We may permit you to use the Services with an MTA which you have purchased, in which case the MTA will be Customer Equipment. Depending on availability in your area, you may have an option to install the MTA yourself, or to have us install it for you. You agree to keep the MTA plugged into a working electrical power outlet at all times.

    c. Incompatible Equipment and Services: You acknowledge and understand that the Voice Services may not support or be compatible with: (i) certain non-voice communications equipment, including but not limited to alarm or security systems that make automatic phone calls;
    medical monitoring devices; certain fax machines; electronic monitoring bracelets; and certain “dial-up” modems; (ii) rotary-dial phone handsets, pulse-dial phone handsets, and models of other voice-related communications equipment such as answering machines and traditional Caller ID units; (iii) dial around (10-10) calling; 976, 900, 700, or 500 number calling; (v) 211, 311, 511, or 811 calling; and (vi) other call types not expressly set forth in our product literature (e.g., shore-to-ship calling and outbound satellite calling).

    d. BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST THE COMPANY AND ITS SERVICE PROVIDERS, FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE COMPANY EQUIPMENT OR THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH THE AGREEMENT, SUBJECT TO ANY EARLY TERMINATION FEES.

    30. Call Trace Services.

    The Company will provide Call Trace Service (“Call Trace”) upon request from its customers or law enforcement agencies. Call Trace protects you against harassment from another caller, by tracing their number. Call Trace automatically initiates a trace of the last call you received. You can use this feature to trace unlawful or threatening calls that alarm, frighten, or harass you. Your phone is already equipped for Call Trace, simply press *57 to activate. Charges and fees for using Call Trace may vary.

    If a Customer requests or activates (through special dialing code) a Call Trace, Company will conduct the Call Trace for the Customer. Customer must immediately notify Company’s Customer Service that a Call Trace has been activated. However, Company will not release the results of a Call Trace effort to its Customer. Company must refer all information captured by a Call Trace to the appropriate law enforcement agency and direct the customer to work directly with the law enforcement agency.

    The information obtained from the Call Trace will be available only to law enforcement officials with either a valid subpoena or another valid legal authorization. The subpoena or other authorization must be in writing unless there is an emergency situation which means any situation presenting an imminent risk of substantial bodily harm, death, or abduction.

    IF YOU ARE A CUSTOMER WITH AN EMERGENCY, DO NOT CALL COMPANY – CALL 911 IMMEDIATELY.

    31. Caller ID Blocking. Caller ID Blocking prevents the telephone number from being delivered to the person receiving the call. It does not block information from being forwarded when calling certain telephone numbers, such as 911, 800/888 or 900 numbers. The words “Private” or “Anonymous” appear on the display unit or telephone set display screen when Caller ID Blocking is in effect.

    Caller ID Blocking may be provided on a per call basis. Caller ID Blocking is automatically provided on all access lines in the service area at no charge on a per call basis. If available Customer may elect to order Caller ID Blocking per line, which may be subject to additional recurring charge and nonrecurring charges.

    32. You assume the risk of high-risk activities. The Voice Services are not represented as fail-safe. They are not designed for use in situations where error-free or uninterrupted service is essential. You expressly assume the risk of any damages from high-risk activities involving vital communications in which an error or interruption in the Services could lead to material injury to business, persons, property, or the environment.

    33. Transfer of Your Phone Number (“Number Portability”).

    a. Switching to Company from another provider: If you are switching to our Services from another service provider, you will cooperate fully with the Company and provide promptly all information, including a letter of authorization or other documentation, as requested by the Company in connection with the processing of your order for Service. You authorize the Company to notify your current telephone service provider of your decision to switch your local toll and long distance services to the Service, and you represent you are authorized to take such actions. In addition to the conditions set forth above, the additional limitations may apply: you may transfer your existing phone number (if any) to our Services, provided that (i) you request the phone number transfer when you place your order for our Services, authorizing the Company to request on your behalf the transfer of your existing phone number and after the installation service visit; (ii) your current service provider releases your existing phone number, at our request, without delay or charge; (iii) transfer of your existing phone number to our Services would not, in our view, violate applicable law or our processes and procedures; (iv) you acknowledge and agree that if your MTA is set up before the date that the number transfer becomes effective (“Port Effective Date”), you may only be able to make limited outgoing calls over the phone that you have connected to the MTA. In that event, you should keep another phone connected to an existing phone extension at your Service Location to receive incoming calls until the Port Effective Date, after which you will be able both to make and to receive calls using our Services; and (v) you acknowledge and agree that to avoid an interruption in your phone service, it is extremely important that you have the MTA installed on or before the Port Effective Date. Your existing phone service for the number you are transferring will be disconnected on the Port Effective Date; if your MTA is not yet activated, you will not have access to our Services. Therefore, you will not have service for that phone number.

    b. Switching from Company to another provider: To transfer your phone number from Company to another service provider, you must place the transfer order through your new service provider and terminate the Service with Liberty, subject to any early termination fee.

    ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO INTERNET SERVICES

    In addition to the General Terms and Conditions above, the following terms and conditions are specifically applicable to a Customer who subscribes to the Company’s Internet Service.

    34. General. You are responsible for all Internet activity originating from your or others’ use of your Services. You agree to ensure that all use of your Service(s) complies fully with this Agreement. You are solely responsible for protecting the confidentiality of your screen names, passwords, PINs, parental controls, and other security measures, and we shall have no liability for your failure to do so.

    35. Equipment and Software Installation. We will install a cable modem and other Company Equipment and software, unless you request otherwise. You and persons authorized by you may use the Internet Service within the service address, under any password or screen name available to you, provided that you shall be responsible for all use of your Services.

    36. Acceptable Use Policy. Customer shall comply with all of the Company’s standards for acceptable use with respect to Internet Service and shall refrain from any and all illegal and/or inappropriate activities, including, without limitation, as outlined in Liberty’s Internet Acceptable Use Policy for Business Customers, which will be updated from time to time and the latest version will supersede all prior versions. The latest version of our Acceptable Use Policy is available on our website business.libertypr.com. Customer agrees periodically to review the Acceptable Use Policy on our website to assure familiarity with the most recent version.

    37. Intellectual Property Rights.

    a. Lawful purposes only: You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material (including any message or series of messages) that violates or infringes in any way upon the rights of others (including copyrights, patents, trademarks, trade secrets or proprietary rights), that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. For more information, please refer to our Copyright Policy available on our website.

    b. No Resale: Advertising, reselling, reuse, any solicitation with respect to products or services, using the Services for operation as an ISP or for the hosting of websites other than as expressly permitted under this Agreement, or use of any form of transmitter or WAN that enables persons outside your service address to use the Services, is strictly prohibited without express written approval from Company and a contract for payment of related fees.

    c. Copyright: Our Internet Services contain copyrighted material, trademarks and other proprietary information. You may download copyrighted material solely as permitted by law. Except as otherwise permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of the third party owner and, where applicable, the Company. In the event of repeat instances of copyright infringement by you, we may suspend or terminate your Service in accordance with our Copyright Policy. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made. You may download public domain materials for your own use or non-commercial distribution. Company assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.

    d. Ownership of Addresses: You acknowledge that use of the Internet Service does not give you any ownership or other rights in any Internet/on-line addresses provided to you, including, but not limited to, Internet Protocol (“IP”) addresses, e-mail addresses, and Web addresses. We may modify or change these addresses at any time without notice and shall in no way be required to compensate you for these changes. Upon termination of an Internet Service account, we reserve the right permanently to delete or remove any or all addresses associated with the account.

    39. Speed, Bandwidth, Data Storage and Other Limitations. Company makes no representation regarding the speed of the Internet Service. Actual speeds may vary and are not guaranteed. Many factors affect speed including, without limitation, the number of workstations using a single connection, cable plant conditions and maintenance activities, available bandwidth on networks owned by third parties hosting the Internet, the location of Customer and Company Equipment, the physical structure of the Service Location, if the connection is via Ethernet cable or wireless, among others. Customer agrees to comply with Company’s bandwidth, data storage and other limitations of Internet Service as may be established and modified by Company from time to time. Company’s Internet Service may include a specific allowance of bandwidth consumption for use during each of your monthly billing cycles at no additional charge. Consumption of bandwidth in excess of the allowance may be charged an additional amount at the rates stated on your bill. If limitations are imposed, 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. If Company decides to include a specific allowance of bandwidth consumption, it is your responsibility to secure your personal network, and monitor and manage your bandwidth usage by using an online usage monitor which will be made available through your individual account at mi.libertypr.com. Customer agrees that its bandwidth usage activity will not improperly restrict, inhibit or degrade any other user’s use of the High Speed Internet Service, nor represent (in Company’s sole judgment) an unusually large burden on the network. Customer also agrees that its activity will not restrict, inhibit, disrupt, degrade or impede Company’s ability to deliver and track its High Speed Internet Service, backbone, network nodes and/or other network services.

    40. Risks of Internet Access. Use of Company’s Internet Service presents certain risks for which the Company cannot be responsible, including without limitation:

    a. Computer File Backup: You understand and accept the risks if you decide not to back up files. Neither Company nor its service providers shall have any liability whatsoever for any damage to or loss of any software, files, or data.

    b. Viruses: Websites visited or data received through the Service may contain viruses. It is your sole responsibility to take appropriate precautions to protect against damage to or destruction of hardware, software, files and data. Company may, but is not obligated to, run third party virus check software on your computer prior to installing software related to the Service. Company does not represent or warrant that doing so will detect or correct any or all viruses. Company may, but is not required to, suspend or terminate availability of the Service if a virus is found to be present on any user’s system or in any communications sent or received through the Service.

    c. Unauthorized Access to Your Computer and Files: Inherent in Internet access is the risk that unauthorized persons will use your Service or gain access to your computer and to the software, files, personal information and other data stored or transmitted by you, install a “bot” on or otherwise “hijack” your computer or harm or misappropriate your computer, systems and files in some other way. Usage of the Service is at your sole risk, and you are responsible for the security of your computer, equipment, information and data traffic. Company shall have no liability whatsoever if third parties intercept data transmissions by or to you or otherwise gain access to or misuse your computer, other equipment, files or account.

    d. Eavesdropping and Customer Equipment Security: The public Internet is used by numerous persons or entities including, without limitation, other subscribers to our Internet Service. As is the case with all shared networks like the public Internet, there is a risk that you could be subject to “eavesdropping.” This means that other persons or entities may be able to access and/or monitor your use of the Services. If you post, store, transmit, or disseminate any sensitive or confidential information, you do so at your sole risk. You acknowledge that when using the Services there are certain applications and techniques that may be used by other persons or entities to gain access to Customer’s Equipment. You are solely responsible for the security of the Customer Equipment or any other equipment you choose to use in connection with the Services, including without limitation any data stored on such equipment. NEITHER COMPANY NOR ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH ACTIONS BY YOU OR OTHERS, THE USE OF SUCH APPLICATIONS BY YOU, OR THE ACCESS BY OTHERS TO THE CUSTOMER EQUIPMENT OR OTHER EQUIPMENT OF YOURS. Questions or complaints regarding content or material should be addressed to the content or material provider. You acknowledge that software programs are commercially available that claim to be capable of encryption or anonymization. We make no representation or warrant regarding the effectiveness of these programs.

    e. Company Actions to Protect Company’s Network: Company reserves the right to take actions to protect the security and integrity of its network and resources that are consistent with applicable law. These actions may affect your Service, your computer, software, files, personal information and other data stored or transmitted by you.

    f. Exposure to Inappropriate Content: There may be content available through the Internet which is illegal, violates third party property or other rights or is offensive. Company is not responsible for the content contained on the Internet or otherwise available through the Service. Company shall not be liable for any claims, losses, actions, damages, suits or proceedings arising out of, or otherwise relating to, such content.

    ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO VIDEO SERVICE (“Cable TV”)

    In addition to the General Terms and Conditions above, the following terms and conditions are specifically applicable to a Customer who subscribes to the Company’s Video Service.

    41. Redistribution Limits. Customer hereby acknowledges and agrees that Company does not have the absolute right to distribute pay-per-view video programming (including programming such as sporting events) and certain premium video services to commercial establishments. Therefore, Customer agrees that it shall not exhibit nor assist in the exhibition of any such programming unless explicitly authorized to do so, in advance and in writing, by Company and the applicable program or event distributor. In requesting such explicit authorization, Customer agrees to identify itself as a commercial establishment. Customer shall not, and shall not authorize or permit any other person to, and shall take all reasonable measures to prevent: (i) copy, record, dub, duplicate, alter or make or manufacture any recordings or other reproductions of the video service (or any part thereof); (ii) transmit the video service by any television or radio broadcast or by any other means or use the video service (or any part thereof) outside of the Service Locations(s). Customer acknowledges that such duplication or reproduction may subject Customer to criminal penalties under applicable copyright and/or trademark laws. Customer agrees to not move any Company Equipment from another location to any Service Location, or from any Service Location to any other location. Customer further agrees not to undertake any activity related to the unauthorized reception of the video service at any Service Locations.

    42. Additional Licenses. Customer shall not, and shall not authorize or permit any other person to (i) charge a cover charge or admission fee to the Service Location(s) at the time the video service (or any part thereof) is being or is to be performed therein; (ii) permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of the video service (or any part thereof) unless Customer has obtained all necessary licenses and authorizations from the applicable copyright owners (Customer acknowledges and agrees that it shall be solely responsible for the payment of any charges or fees in connection therewith); or (iii) insert any commercial announcements into the video service, or interrupt any performance of the video service for the making of any commercial announcements, except that public address commercial announcements may be made concerning goods or services sold or offered to the public at the Service Location provided that no compensation (whether in money or in any other form) is paid by any person or entity, directly or indirectly, for such announcements unless pursuant to a separate written agreement which permits store-casting or ad-casting. Customer acknowledges and understands Customer may be responsible for additional music licensing or copyright fees for music contained in any or all of the Services, including, but not limited to the video service.

    43. Provision of Service: Video Services Only. Video Service, including without limitation HD DVR service, is for private commercial viewing venues only, and is not for use in public viewing areas such as bars, restaurants, fitness centers or at residential addresses. Further, Customer acknowledges and agrees that Company has the right at any time to preempt, without prior notice, specific programs and to determine what substitute programming, if any, shall be made available. As to Video Service only, Company may in its discretion make additions, deletions or modifications to its channel line-up without liability to Customer or anyone claiming through Customer. Company shall not be liable for failure to deliver any programming, which is caused, by the failure of the programmer to deliver or make such programming available to Company or any other reason beyond the reasonable control of Company.

    44. Additional Sets. Customer agrees not to add additional sets or disturb, alter or remove any portion of the Company Equipment. Any unauthorized connection or other tampering with the video service or Company Equipment shall be cause for disconnection of the applicable Service, legal action and Company shall be entitled to recover damages, including, but not limited to, the value of any Services illegally obtained plus reasonable collection costs including reasonable attorney’s fees.

    45. Equipment.

    a. Set-Top Boxes: Some models of TV receivers or Digital Video Recorders (DVR) may not be able to receive all of the channels offered on our system. We rent set-top boxes, and CableCARD set-top boxes may be available for purchase from retail outlets in some areas. If your Service is received through a set-top box, you may not be able to use special features and functions on TVs and DVRs. For example, some set-top boxes may not be compatible with TV or DVR features that allow you to view a program on one channel while simultaneously recording a program on another channel; record two or more consecutive programs that appear on different channels; or use advanced picture generation and display features such as “Picture-in-Picture.”

    b. Additional Set-Top Boxes: To independently tune additional televisions or broadcast devices within your business, a separate set-top box may be required for each television. We will charge you a monthly fee for each additional set-top box added to your account.

    c. CableCARDs: You may lease a conditional access card (“CableCARD”) from us. You grant Liberty and our agents the right to insert CableCARDs and other hardware in the Customer Equipment, send software and/or downloads to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment. In addition to the indemnification obligations contained elsewhere in this Agreement, Customers using the video service agree to indemnify and hold Company harmless from any and all demands, claims, suits, costs of defense, reasonable attorney’s fees, witness fees and other expenses for claims relating to or resulting from the unauthorized distribution and/or exhibition of the video service, including without limitation, pay-per-view video programming and premium video services.

    46. Downloads. We reserve the right to alter software in the Customer Equipment, and provide content to DVR products, through periodic downloads. We will use commercially reasonable efforts to schedule these downloads in a manner that result in the least amount of interference with or interruption to your Service.

    Version – December 2022

  • 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
    • 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 unforseen 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 Smat 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 puertorico.support@cloud.flowbusiness.co.
    • 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.

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    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 be 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.

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    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 Serice 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 informnation 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 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 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 ACOUNT 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 legal@libertypr.com.

  • 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 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 Service.

    1. DEFINITIONS

    For the effect of the present Terms, when the following terms are used in uppercase, either singular or plural, they will have the following meaning:

    “Admin Panel” means the tool that allows you to manage and use the Service.

    “Client” has the meaning set forth above and includes for clarity the person or company that purchases and/or activates the Service through the following channels:

    (i) A call from/to the Support Center;

    (ii) Any available channel.

    “DNS” means the System that translates IP addresses into domain names.

    “Device” means the Client’s desktop or laptop.

    “Domain Name” means 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” means the ability to transfer the information generated as a result of visits to your website.

    “Service Manager” means person(s) designated by the Client to manage this Service.

    “Software” means any software provided to you necessary to log in to or use the Service.

    “Support Center” means the center that provides support to the Service, through which the Client can request the Service, Service information, report Service issues or incidences by calling 1-800-744-0222, write to puertorico.support@cloud.flowbusiness.com, or via chat at puertorico.cloud.flowbusiness.co

    “URL” means the address used to visit a CLIENT’S website, incorporates the Domain Name.

    “Your Site” means the website and/or online store you create using the Domaine Name

    2. OBJECTIVE

    Establish the Terms under which Liberty will provide the Service, whose features and additional Service 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 meet the following requirements:

    • 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, as 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 for support during the request process, as well as the configuration of the Service, or any additional support needed, to the Support Center.

    5. SERVICE USER NAME AND PASSWORD

    (a) To create an account to use 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 alls 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 Secure Cloud Storage Service using your and 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. You and your Users are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Secure Cloud Storage 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.

    6. SERVICEERVICE 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 on behalf of you and the Client 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. Upon request, Client must provide proof of ownership, copyright or trademark of any brand name used for the domain requested.

    (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 or will bring liability to Liberty.

    (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, and introducing the code provided by Liberty, as well as cover any required costs, and take 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 to receive comments from website visitors, links to social media accounts, Google map, text and image customization according to the information provided by the Client, 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). This means that all websites include technical requirements to be indexed by search engine algorithms. However, you understand and agree that search results such as the ranked position your site reaches on a search engine result page depends on the content provided by you among other variables, and we make not guarantee of results.

    (c) If you wish to include an Online Store, you must provide information for the first 6 products, that will be made available on your site, including product name, price, description, and images. You, according to their needs, 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, and reflected on your account 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, videos, fonts, logos, stickers, code, and associated content, 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. Your Content includes without limitation content you post to Your Site.

    (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 Your Content or otherwise have (and will continue to have during all times you use the Services) all rights and permissions necessary to use, share, display, transfer and license your Your Content via the Services and as set forth in these Terms. 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 or other users’ 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 by you or other users.

    (f) You further represent and warrant that your use of Your Site and the Services is in compliance with applicable laws. You agree and warrant that you are solely responsible when using Your Sites or the Services for complying with applicable data protection, security and privacy laws and regulations, including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use Your Sites and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on Your Sites. 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

    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.

    10. INFORMATION STORAGE AND BACKUP

    The Client recognizes and accepts that the information for this Service is stored on a shared storage system, where the information for all Clients of this Service is stored. 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. We will use commercially reasonable efforts to make the support available twenty-four (24) hours a day, seven (7) days a week, except during any planned maintenance time and Force Majeure events described below. 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 to you when the issue or incidence cannot be immediately solved;

    (iii) Classify the issue or incidence according to how critical the issue or incidence presented is;

    (iv) Notify you of any change that may affect the time of resolution for the issue or incidence; and

    (v) Notify you when the issue or incidence has been resolved.

    (c) Liberty will use commercially reasonable efforts to resolve the issue before it closes the report. The Client recognizes that Liberty will attempt to contact you through the phone number registered on your account, on three occasions within a timeframe up to 6 or 8 hours, to notify about the resolution. If Liberty is not able to communicate with you, 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 computer or Device issues, or any software installed by the Client, any Third-Party Products (as defined below), 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, 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. We reserve the right, without notice to anyone, to deny, disconnect, modify and/or terminate the service of anyone we believe is using the 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 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; (vi) capture, rip, download, frame or mirror any content forming part of the Service; or (vii) access the Service in order to (1) build a competitive product or Service, 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. In accordance with Section 21 below, you agree to indemnify us in the event of any such violation by you or anyone using the Service.

    13. CLIENT RESPONSIBILITY

    (a) 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, intellectual property rights within the Service.
    • Not using the service to send unsolicited publicity or promotional material, or to deliberately receive answers to unauthorized publicity or promotional material sent by a third party.
    • Registering and renewing all Domain Names used for this Service and 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. Liberty will not be responsible of or for any of the following:
    • The Client’s inadequate configuration of the Service.
    • Verifying or evaluating damaged files, malicious codes, repairing, quarantining or deciphering any of the files sent by you and/or Authorized Users to be backed up through the Service.
    • Managing the information, data transfer, data loss, access times, access restrictions from any network and/or specific server.
    • Using the Services only as permitted in these Terms.

    14. TERM AND CANCELLATION

    (a) The validity of the present Terms will enter into effect from the moment you uses the Service and will remain in full force until the Services are cancelled or terminated. However, the Service contracted by you will have the minimum term defined on Annex 1 of the present Terms.

    (i) The term shall be specified in Annex 1. Except as otherwise specified in Annex 1, 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.

    (ii) The Client will be able to request a cancellation of service, once they have fulfilled their initial term.

    (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, 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.

    (c) 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 Servicepending payment of the Service provided by Liberty.

    (d) Once the Service has been cancelled, then you will have 30 days to access Your Site and create a backup of Your Data. After that period has concluded, your access to the Service and Your Site will be immediately terminated, including your ability to access Your Content. It is solely your responsibility to create the backup or remove Your Content from the Service. The Service cancellation also means that the Domain Name will not be renewed by Liberty. This means that you will be responsible for requesting a Domain Name transfer, and to start covering the related costs and administration for the Domain Name.

    (e) The Service may interact with or we may provide you with content, information, documents, applications and other software, Service or similar material of a third party (collectively, “Third-Party Products”) in connection with the 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.

    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, 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.

    (d) 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. To understand how Liberty collects and uses data, please visit https://www.libertypr.com/en/legal.

    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. You understand and agree that the Service is subject to certain licensing and copyright agreements, as well as other restrictions, as outlined in the Terms. You shall not use the Service other than for its intended use and as governed by the Terms and applicable law, or assist anyone else to do so. The Service is not for resale or distribution under any circumstances. We may, at our discretion, monitor your use of the 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 Service.

    (b) 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”). 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. You may not reproduce or modify the 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 Service should be sent to:

    Liberty Communications of Puerto Rico, PO Box 199296, San Juan, PR 00919

    (c) Trademarks. All Liberty trademarks, service marks, trade names, logos or graphics appearing on the 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).

    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, 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 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 Service 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 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 Service for any purpose, without any obligation to compensate the author of such communications and without any liability to that person.

    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. YOU ACKNOWLEDGE THE UNCERTAINTY OF ELECTRONIC DISTRIBUTION, INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS THAT ARE POSSIBLE. THEREFORE, IF YOU RELY ON THE 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 SERVICE. THE 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 ACOUNT PORTALS, 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 (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, 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 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 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 legal@libertypr.com.

  • 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 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 Email Service.

    1. GENERAL

    (a) Objective

    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. You and your Users are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Email 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.

    3. DESCRIPTION AND SCOPE OF THE SERVICE

    • Compatible with any domain.
    • Accessible from anywhere and on any device.
    • Up to 10 email accounts will be delivered per service.
    • Option to consult from the Roundcube webmail interface.
    • Available through the 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: Use 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*. It has an automatic recovery system. When the system fails, it recovers without the need of human interaction so it will always be active, without reboot times.
    • Webmail: Managing emails, folders, and filters with an intuitive and easy-to-use interface provided by Roundcube. Any IMAP / POP account can be added to have a single interface.
    • Ad-free interface.
    • Compatibility with mobile devices: accounts can be easily set up in any mobile email application.
    • Antispam & Antivirus: Complies with the best security practices for mail, protecting against SPAM or viruses. SpamAssassin, ClamAV, SPF, DKIM, gray list, white list or black list. Quarantines emails detected as SPAM and in the SQL database for review.
    • Fail2Ban blocks from 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).

    * Excludes scheduled maintenance to platforms that support mail and unscheduled maintenance to solve critical situations.

    • IE 9.0 and latest version.
    • Firefox version 19 and latest versions.
    • Google Chrome version 25 and latest versions.
    • Windows 10.
    • Edge 12 and latest version.
    • Maximum number of outgoing emails per day: 2000. If you reach this number, you will not be able to send any more messages during the day.
    • Maximum number of recipients of each email: 500. You are not allowed to place more recipients.
    • Maximum number of incoming emails per hour: 500. You are not allowed to receive more emails per hour.
    • Maximum size of attachments (by email): 25 MB. The Email Service will not allow you to attach a file larger than 25MB.

    4. YOUR CONTENT

    (a) You understand and agree the 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 Your Content or otherwise have (and will continue to have during all times you use the Email Services) all rights and permissions necessary to to use, share, display, transfer and license your Your Content via the Email Services and as set forth in these Terms. 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. You agree and warrant that you are solely responsible when using the Email Services with complying with applicable data protection, security and privacy laws and regulationss. This includes without limitation 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 the responsibility of you to configure 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. In addition, Liberty Puerto Rico considers “SPAM” the practice of sending unwanted e-mails, often with commercial content, in large quantities, to their recipients without giving them the option to unsubscribe or exclude themselves from a distribution list.

    • Use or contain invalid or fraudulent headers.
    • Use or contain invalid or non-existent domain names.
    • Imitating or impersonating another person or their email address, or creating fake accounts for the purpose of sending spam.
    • Extract data (data mining) or use “robots” to collect email addresses or any other web property in order to send unsolicited or unauthorized material.
    • Using a third-party’s Internet domain name, or sending from or through a third-party’s computer without their permission.
    • Send emails to those recipients who have requested to be removed from a distribution list.
    • Send emails to invalid recipients.
    • Send email to purchased distribution lists.
    • Send the same message multiple times to a large number of recipients (see Service Limits section).
    • Do not include a link to terminate the subscription to electronic newsletters.
    • Send emails to recipients in a generic, not specific, way, for example: 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. Liberty may demand such compensation without the need for a judicial declaration.

    7. PROCEDURE IN CASE OF POLICY VIOLATION

    • Suspend / Block the account for a period of 72 hours.
    • Suspend / Block the account for a period of 144 hours.
    • Suspend / Block all domain traffic, initiate the Email Service cancellation process, require the User to pay sufficient

    compensation to allow Liberty Puerto Rico to repair the damage caused by the User.

    Liberty reserves the right to block, suspend or cancel accounts or domains that violate these Policies, if Liberty Puerto Rico observes a breach by the User, or if a third-party reports incorrect use of the Email Service by the User.

    Liberty Puerto Rico will not be obliged to make a refund for suspension or cancellation of the Email Service. Liberty Puerto Rico will not be obliged to cover any expense or loss due to its suspension or cancellation of the Email Service.

    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 (available at https://business.libertypr.com/)

    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 of the Email Service 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 the 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 or any Liberty Content or other subject matter made available through the Email Service.

    (b) Without limitation, you agree not to use the Email 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 Email 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 Email Service of anyone we believe is using the Email 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 Email Service; (ii) circumvent any user limits or other timing, use or functionality restrictions built into the Email Service; (iii) use any robot, spider, scraper, or other automated means to access the Email Service for any purpose without our prior written consent; (iv) engage in the systematic retrieval of data or other content from the Email Service to compile any databases without our prior written consent; (v) remove any proprietary notices, labels, copyright or Marks from the Email Service; (vi) capture, rip, download, frame or mirror any content forming part of the Email Service; or (vii) access the Email Service in order to (1) build a competitive product or Email Service, or (2) copy any ideas, features, functions or graphics of the Email Service.  

    (c) You also agree that your use of the Email 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 Email Service are used for any unlawful purpose. In accordance with Section 14 below, you agree to indemnify us in the event of any such violation by you or anyone using the Email Service.

    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, 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 Email Service, including to law enforcement agencies as well as parties to civil lawsuits.

    12. FEEDBACK

    Liberty welcomes your comments about the Email 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 Email Service for any purpose, without any obligation to compensate the author of such communications and without any liability to that person.

    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, or any other provisions, agreements or policies that apply to the Email 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.

    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. YOU ACKNOWLEDGE THE UNCERTAINTY OF ELECTRONIC DISTRIBUTION, INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS THAT ARE POSSIBLE. THEREFORE, IF YOU RELY ON THE EMAIL SERVICE , PLEASE NOTE THAT YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR LOSS OF DATA RESULTING FROM ANY USE OF THE EMAIL SERVICE . 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 OR WITH 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 (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 EMAIL 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 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 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 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 legal@libertypr.com.

  • 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 (available at https://business.libertypr.com/). 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 to ensure you understand the terms and conditions that apply to your access to, and use of, the Bitdefender Services.

    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 alls 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. You and your Users are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Bitdefender Services. 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:

      a. Operating system: Windows 7 with Service Pack 1, Windows 8, Windows 8.1 and Windows 10

      b. CPU: Intel CORE 2 Duo (2 GHz) or equivalent processor

      c. Memory (RAM): 2 GB

      d. Free disk space: 2.5 GB free space

      e. SOFTWARE REQUIREMENTS: Internet Explorer version 10 or later

    • 3. For macOS:

      a. Operating system: macOS X Yosemite (10.10) or later

      b. Free available disk space: 1 GB free space

      c. Supported browsers: Safari, Firefox, Google Chrome

      (You can install Bitdefender VPN and Anti-tracker only on Intel-based Macintosh computers with macOS Sierra (10.12 or later)

    • 4. For Mobile Devices:
    • 5. Android Operating System 4.1 or later.
    • 6. Active internet connection (data rate may apply).

    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 terms of Bitdefender (“Bitdefender Terms”), which are attached to these terms as Annex A. You represent and warrant that you will comply with the terms of Annex A. 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 the Bitdefender Terms, in accordance with Section 12 below. You take sole responsibility for determining, obtaining and complying with the Bitdefender Terms. We will have no responsibility for, and makes no representations and warranties regarding, the Bitdefender Service or your use of the Bitdefender Service. You are solely responsible for and we are not liable for your compliance with the Bitdefender Terms.

    4. OTHER THIRD-PARTY PRODUCTS

    The Bitdefender 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”) in connection with the Bitdefender Services. 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 Bitdefender Services 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 Bitdefender 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 Bitdefender Services if you terminate your Client account.

    (b) We may also suspend or terminate your Account or use of the Bitdefender Services if you fail to pay all amounts due related to these Terms and your Bitdefender Account We will restore the Bitdefender Services 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 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 understand that you will no longer have access to the Bitdefender Services or to the information contained on it. Without limiting any terms in Annex A, you understand that as between you and Liberty, 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. To understand how Liberty collects and uses data, please visit https://www.libertypr.com/en/legal. 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. You understand and agree that the Bitdefender Services are subject to certain licensing and copyright agreements, as well as other restrictions, as outlined in these Terms. You shall not use the Bitdefender Services other than for their intended use and as governed by the Terms and applicable law, or assist anyone else to do so. The Bitdefender Services are for personal, non-commercial use; and are not for resale or distribution under any circumstances. We may, at our discretion, monitor your use of the Bitdefender Services, 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 Bitdefender Services.

    (b) Except for information or data owned by you, the materials available through the Bitdefender Services 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 Bitdefender Services and the Liberty Content therein. You may not reproduce or modify the Bitdefender Services 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 Bitdefender Services 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 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 Bitdefender Services is licensed by Liberty and its licensors and not sold. Liberty or its licensors retain all right, title, and interest in and to the Bitdefender Services, the Liberty Content and other subject matter contained in or made available through the Bitdefender Services, and all related intellectual property rights. You obtain no rights in or to the Bitdefender Services under these Terms or any Liberty Content or other subject matter made available through the Bitdefender Services.

    (b) Without limitation, you agree not to use the Bitdefender Services, 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 Bitdefender Services; (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 Bitdefender Services 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 Bitdefender Services; (ii) circumvent any user limits or other timing, use or functionality restrictions built into the Bitdefender Services; (iii) use any robot, spider, scraper, or other automated means to access the Bitdefender Services for any purpose without our prior written consent; (iv) engage in the systematic retrieval of data or other content from the Bitdefender Services to compile any databases without our prior written consent; (v) remove any proprietary notices, labels, copyright or Marks from the Bitdefender Services; (vi) capture, rip, download, frame or mirror any content forming part of the Bitdefender Services; or (vii) access the Bitdefender Services in order to (1) build a competitive product or Bitdefender Services, or (2) 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. We, in our sole discretion, or any of our licensees, may prosecute you and other responsible parties in the event that the Bitdefender Services are used for any unlawful purpose. In accordance with Section 10 below, you agree to indemnify us in the event of any such violation by you or anyone using the Bitdefender Services.

    9. DISCLOSURE OF MESSAGING/ COMMUNICATIONS

    You are solely responsible for any information you submit or post through the Bitdefender Services. By using the Bitdefender Services, 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 Bitdefender Services, 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 Bitdefender Services 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 Bitdefender Services 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 Bitdefender Services. 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 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. YOU ACKNOWLEDGE THE UNCERTAINTY OF ELECTRONIC DISTRIBUTION, INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS THAT ARE POSSIBLE. THEREFORE, IF YOU RELY ON THE BITDEFENDER SERVICES, 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 BITDEFENDER SERVICES. 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 OR WITH THE ACOUNT PORTALS, NOR DO THEY WARRANT THAT THE BITDEFENDER SERVICES ARE ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR THAT THE BITDEFENDER SERVICES 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 BITDEFENDER 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 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 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 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 legal@libertypr.com.

    Annex A

    Specific Usage Conditions.

    Subscription Agreement and Terms of Services for User Solutions

    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 (AN INDIVIDUAL OR AN INDIVIDUAL ENTITY) ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS TERMS THAT TOGETHER WITH THE PRIVACY POLICY, ANY PLAN OR LIMITATION OF FEATURES, PRODUCT DISCLAIMER OR OTHER RESTRICTIONS PRESENTED IN THE BITDEFENDER SOLUTION CONSTITUTIONS (collectively, the “AGREEMENT”).

    IF YOU DO NOT ACCEPT ALL OF THESE TERMS, SELECT THE REJECT OPTION AND DO NOT START, DOWNLOAD, INSTALL, ACCESS OR USE THE BITDEFENDER SOLUTION.

    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 OR AGAINST ANY KIND.

    If the Bitdefender Solution is launched, downloaded, from the Marketplace’s websites or store (for payment or testing purposes), this Agreement will be accepted and a contract will be formed when the end user (“You”) selects “I Accept “,” OK “or” Yes “button or box below before download or installation. The Agreement is available on the Liberty Puerto Rico Communications website, as well as Bitdefender’s websites for your reference.

    Certain Bitdefender solutions may require an active and stable Internet connection to work. Therefore, it is your responsibility to ensure that you have an active and stable Internet connection at all times.

    IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL OR ACCESS THE SOFTWARE OR INDICATE ANY REJECTION, DO NOT MAKE ANY ADDITIONAL USE OF THE SOFTWARE AND CONTACT YOUR SELLER OR CUSTOMER SERVICE REPRESENTATIVE.

    REGISTRATION SOLUTION. By accepting this Agreement, you agree to register your Bitdefender Solution. Registration requires a valid activation code available in the transaction documentation of the Bitdefender distributor or reseller from which you obtained the Bitdefender solution.

    Additionally, registration requires a valid Bitdefender account that includes a valid email address for renewal and other notices and a valid product subscription. The Bitdefender account is mandatory for the use of the Bitdefender solution, as indicated in the documentation.

    You warrant that you are the legal owner of the device or email address and that you have all legal rights to create your account. Please note that when installing the software on your device, and taking into account the security policies and rules that you have selected, you may experience device access restrictions and data loss, remote device lock or wipe commands due to manually applied by the account administrator through security policies You as an administrator have the right to monitor your device, locate it on the map, apply screen lock and authentication, lock and erase the device, encrypt media storage, delete temporary files , registry keys and browser data, scan applications and files on your device. Bitdefender is not responsible for privacy damage or data loss caused to it.

    This Subscription Agreement covers Bitdefender solutions for home users for the allowed number of users or devices as detailed in the purchase documentation, including related documentation and any updates and enhancements to the applications delivered to you under the purchased subscription or any related service as defined in the documentation.

    The Bitdefender solution offers an Internet control software that will be a software installed on your device (computer, mobile device, mobile computer device) that intercepts the traffic linked to the Internet, in order to monitor the traffic and allows you to limit access to certain content. The software on your personal device connects to a server’s network infrastructure and then sends it to Bitdefender’s servers for categorization.

    The Bitdefender solution can block certain non-secure applications that try to access protected resources on your device. This can cause applications not to start or not to perform correctly. Please note that granting access to these applications may result in loss data or theft data.

    The Bitdefender solution that has available anti-theft function can allow you to track the location of the device, disable access to the device, transmit images that have been captured with your device’s camera or voice logs that have been recorded by your device’s recorder device (if available). You may not use the services to gain unauthorized access, upload, transmit and transfer data or information to Bitdefender or third parties by any means. You agree that your use of these services will comply with the laws that apply to you.

    This Subscription Agreement is a legal agreement between you (either a natural or legal person) and Bitdefender for the use of the Bitdefender solution identified above through the platform that Liberty Puerto Rico Communications makes available to you, which includes software and services for your device, and may include associated media, printed materials, and “online” or electronic documentation (hereinafter referred to as the “Bitdefender Solution”), all of which are protected by international copyright laws and international treaties. By installing, copying or using the Bitdefender Solution, you agree to be bound by the terms of this Agreement.

    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 for use with the Bitdefender solution. Bitdefender cannot be used to misrepresent or act on behalf of others. All messages that you transmit through Bitdefender Solution will identify you as the sender. It is your responsibility to ensure that you do not participate in illegal activities; Transmit content that infringes the intellectual property rights of any person or any rights of third parties or is illegal; Altering the origin attribution in emails or posts; Interfering with, tampering with, altering or modifying the Bitdefender Solution, or creating an undue load on the Bitdefender Solution or the networks or services connected to the Bitdefender Solution.

    You may not use the Bitdefender Solution on an electronic communications network that is used wholly or primarily in a way that violates the rights to privacy, international communications, and the transmission of copyright of technical or personal data or personal image as described in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (collectively, “International Human Rights Standards”). 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. If Liberty Puerto Rico Communications or Bitdefender is contacted with a complaint regarding your use of the Bitdefender Solution, Liberty Puerto Rico Communications and / or Bitdefender, jointly or separately, you may terminate your use of the service in violation of this Agreement and request compensation.

    Bitdefender or its licensors or providers retain ownership of all proprietary rights in the Bitdefender Solution, applicable materials, documentation, deliverables, and all trading names, knowledge, trademarks, copyrights associated with or displayed with the Bitdefender Solution. The Bitdefender solution is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Bitdefender software that is installed on your device, as part of the Bitdefender solution, is licensed, not sold. You are only entitled to use the Bitdefender solution for the limited period indicated in the purchase documentation. Your use of the Bitdefender Solution is limited to the allowed number of users or devices as detailed in the purchased documentation. Bitdefender reserves all other rights.

    Bitdefender grants you and only you the following non-exclusive, limited, non-sublicensable and non-commercial right to use the Bitdefender Solution for your personal use only.

    You can use a copy of the Bitdefender solution on a single device. If a greater number of copies and / or number of devices is specified within the documentation of the sale transaction of the authorized distributor, Liberty Puerto Rico Communications, from which you obtained the Bitdefender Solution (Number allowed – __ devices), you will have the right to copy the Bitdefender Solution in accordance with such Permitted number specifications; If the Bitdefender solution supports multiple platforms or languages, if you receive the Bitdefender solution on multiple media, if you otherwise receive multiple copies of the Bitdefender solution, or if you receive the Bitdefender solution included with other software, the total number of your devices on which all versions of the Bitdefender solutions are installed cannot exceed the allowed number. During the installation process, the Bitdefender Solution may uninstall or disable other security products if those products or features are incompatible with the Bitdefender Solution.

    RIGHT TO USE THE BITDEFENDER SOLUTION. VALIDITY. PAYMENT TERMS. AUTOMATIC RENEWAL. You are granted 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, subject to the terms of service, the usage rules or other terms and conditions provided. by third parties (defined below).
    You will have certain rights to use the Bitdefender Solution during the Subscription Period, which will begin on the date you first registered your Bitdefender Solution in your account, regardless of the number of copies that you are allowed to use, and will last for the period of time set in the plan – term contracted with Liberty Puerto Rico Communications.
    All your subscriptions will be automatically renewed for periods equal to your Initial Subscription Period and you will be charged our then-current rates unless you cancel your subscription through the Customer Service Center prior to your next scheduled billing date.

    AUTOMATIC RENEWAL. You agree to allow Bitdefender directly or throughout its providers to automatically renew your subscription to Bitdefender Solution. Your subscription will be automatically renewed prior to the expiration of the term and every year thereafter for a no higher fee than the current Bitdefender price, excluding promotional and discount prices offered at the time of renewal. You agree to provide the payment provider with current, complete and accurate information for your billing account. You should quickly update all information to keep your billing account current, complete, and accurate. If you do not provide the above information, you agree that Bitdefender thought that your payment providers may continue to charge you for any automatically renewed subscription unless you inform them not to renew your Bitdefender Solution subscription before your Bitdefender Solution subscription expires and report your wish not to have such a subscription automatically renewed. This Agreement will automatically terminate if you do not comply with any of the limitations or other requirements described in this document.
    You must provide current, complete and accurate information for your billing account. You must update all the information as soon as possible to keep your billing account current, with all the complete and exact information. If you do not provide Liberty Puerto Rico Communications with the data in the above information, you agree that you can continue to charge any subscription for automatic renewal unless you inform the Customer Service Center by calling 1-800-744-0222 during business hours to not to renew their subscription at least thirty (30) days before the end of the subscription period, informing them of their desire not to automatically renew said subscription. This contract will be automatically terminated if you do not comply with any of the limitations or other requirements described in this document. In the event of cancellation or termination of this Agreement, you must stop using Bitdefender, as well as destroy all copies of Bitdefender and its Documentation.
    In the event of termination or expiration of this Agreement, you must stop using the Bitdefender Solution and destroy all copies of Bitdefender and the Documentation.

    UPDATES. If a Bitdefender software is labeled as an update, it must be properly subscribed to use a product identified by Bitdefender as eligible for the update in order to use the Bitdefender Solution. A Bitdefender solution labeled as an update replaces and / or complements the product that formed the basis for its eligibility for the update. You may use the resulting updated product only in accordance with the terms of this Subscription Agreement. If Bitdefender Solution is an update to a component of a software package that you received as a single solution from Bitdefender, it can be used and transferred only as part of that single product package and cannot be separated for use by more than the total Number of allowed users. The terms and conditions of this Subscription Agreement supersede and replace any prior agreements that may have existed between you and Bitdefender with respect to the original product or the resulting upgraded product. By using the Bitdefender Solution and accepting this agreement, you agree to receive updates and updates to the software that will be transmitted by Bitdefender automatically.

    IMPORTANT ANNOUNCEMENT. By using the Bitdefender Solution and accepting this Agreement, you agree to receive, install and use any software updates and updates that Bitdefender will automatically transmit. The functionality of the Bitdefender Solution can only be preserved during the Subscription Period and its automatic renewals, if all received updates are installed immediately after receiving them. In the event that such updates are subject to separate and additional subscription fees, BITDEFENDER will inform you of such fees in advance.

    UPDATES. By accepting this Agreement, you acknowledge and agree that your system will be used to receive and deliver Product Updates through a peer-to-peer protocol. The protocol will not be used for anything other than transmitting and receiving signature file updates from Bitdefender.

    COPYRIGHT. All rights, titles and interests in and for Bitdefender Solution and all copyrights in and for Bitdefender Solution (including, but not limited to, any code, images, photographs, logos, animations, video, audio, music, text and “applets “incorporated into Bitdefender’s solution), the accompanying printed materials, and any copies of the Bitdefender software are property of Bitdefender, with the understanding that the rights, title, and interest in and to certain third-party software identified in the Terms of Attached Third-Party Licenses as posted in the About section of the software are the property of their respective owners.

    With respect to open-source software, the following stipulations shall apply to the extent expressly required by their licenses, the relevant license terms (including in particular the scope of the license, as well as disclaimers of warranties and liabilities) shall apply to the respective any third-party software in lieu of this subscription agreement. Such Third-Party License Terms relating to the respective software are located in the About the Software section.

    You acknowledge that the applicable third party is solely responsible for their offerings and Bitdefender makes no representations or warranties with respect to those offers and accepts no liability with respect to them, and if you acquire or use any of these third party offers, the offers and Your use of them will be governed by any license agreement, terms of use, privacy policies and / or other terms and conditions required by the third party.

    Bitdefender’s solution is protected by copyright laws and international treaty provisions. Therefore, you should treat Bitdefender like any other copyrighted material. You cannot copy the printed materials that accompany Bitdefender. You must produce and include all copyright notices in their original form for all copies created regardless of the media or form Bitdefender exists. 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 or underlying ideas, algorithms, file formats, programming, or functionality of Bitdefender Solution, unless that local legislations allows otherwise. You may not allow third-parties to benefit from Bitdefender Solution, the extent explicitly permitted by the license terms, identified in the attached Third-Party License Terms, which govern the use of third-party software. You cannot remove any proprietary notices or labels on Bitdefender or its rightful owners. Bitdefender reserves all rights not expressly set forth below.

    IN THIS REGARD, YOU ARE REMINDED THAT ANY REPRODUCTION, COMMUNICATION OF A WORK AND / OR ANY TRANSMISSION OF A PERFORMANCE, AN AUDIO RECORDING OR A VIDEO RECORDING MADE WITHOUT AUTHORIZATION MAY CONSTITUTE A COPYRIGHT INFRINGEMENT.

    TECHNICAL SUPPORT. It is done through the Liberty Puerto Rico Communications Contact Center, as a first level and through the Bitdefender specialist. Bitdefender will offer certain technical support features as set out in the standard technical support terms published by Bitdefender on its websites during the Bitdefender Solution Subscription period and may include live chat with a technical support and / or assistance consultant from a technical support consultant through remote device access. If such features are offered and you choose to access such Technical Support, you will be governed by the following conditions: Any such 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. In the course of providing technical support, Bitdefender may determine that the technical problem is beyond the scope of Technical Support. Liberty Puerto Rico Communications and Bitdefender reserves the right to reject, suspend or terminate any Technical Support in their sole discretion.

    VPN FUNCTIONALITY. “The Bitdefender solution has the Bitdefender VPN included as a feature that allows you to use the VPN functionality to protect your privacy. Bitdefender VPN is limited to 200MB of traffic per day for each device in your existing subscription. If you want to take advantage of an upgraded plan that offers unlimited traffic and allows the selection of different server locations, you must upgrade to Bitdefender Premium VPN for an additional cost. Bitdefender Premium VPN is limited to 10 simultaneous sessions. The VPN functionality is third-party software and is licensed under the respective third-party licenses mentioned in this document. By accepting this Agreement, you agree to accept and comply with https://www.hotspotshield.com/terms/ for Bitdefender VPN and Bitdefender Premium VPN and with https://www.hotspotshield.com/privacy/ for Bitdefender VPN and Bitdefender Premium VPN whose terms are in addition to the terms and conditions set forth in this Agreement. “
    You may not use the Bitdefender VPN on an electronic communications network that is used wholly or primarily in a way that violates privacy, copyright or personal image rights as described in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (collectively, “International Human Rights Standards”)

    LIMITED WARRANTY. BITDEFENDER will maintain the usability of the BITDEFENDER Product during the Subscription Period and its renewals through regular updates and improvements substantially in accordance with the Documentation. BITDEFENDER warrants the media on which Bitdefender is distributed to be free from defects for a period of thirty days from the Bitdefender delivery date. Your only remedy for breach of this warranty will be that Bitdefender, at its option, may replace the defective media upon receipt of the damaged media or refund the money you paid for Bitdefender.

    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BITDEFENDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SOLUTIONS, IMPROVEMENTS, MAINTENANCE OR SUPPORT RELATED TO THE BITDEFENDER (OTHER INTEGRATED TANGLE, OR ANY OTHER SERVICE). BITDEFENDER HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INOPERABILITY, UNAVAILABILITY OR SECURITY, VULNERATABILITY, INFLUENCE OF INTELLIGENCE, DISCLAIMER OF INFRINGEMENT AND INFRINGEMENT OF INTEGRITY, EXISTENCE OF INTEGRITY, DISCLAIMER, THE RIGHTS OF THIRD PARTIES when filtering, disabling or eliminating the software, spyware, adware, cookies of said third party. emails, DOCUMENTS, advertisements or similar, whether arising by STATUTE, LAW, COURSE OF DISTRIBUTION, PERSONALIZED AND PRACTICE, OR COMMERCIAL USE. Bitdefender is acting on behalf of its vendors and marketing partners for the purpose of rejecting, excluding and / or limitation the obligations, warranties and liabilities as provided in this Agreement, but in no other respect and for no other purpose. The above provisions will be enforceable to the maximum extent permitted by applicable law. but in no other respect and for no other purpose. The above provisions will be enforceable to the maximum extent permitted by applicable law. but in no other respect and for no other purpose. The above provisions will be enforceable to the maximum extent permitted by applicable law.
    The Bitdefender solution, as provided in this Agreement, may contain features and functionalities that allow you to protect confidential information on your device. You will be asked to provide a password to encrypt and protect such information. You are aware that the features and functionalities can sync encrypted information across all devices as per your request. You will not be able to recover the information that you have encrypted if you lose or forget your password. You are aware that the level of encryption that the Bitdefender solution can use should protect your information from the average user of the device; However, you acknowledge that the encryption may be broken. It also recognizes that information that has been encrypted may not be encrypted if your hard drive has bad sectors or fails.

    DISCLAIMER FOR DAMAGES, LIABILITY, BREACH OF CONTRACTUAL OBLIGATIONS. Anyone who uses, tests, or evaluates Bitdefender assumes all risks to the quality and performance of the Bitdefender solution. In no event will BITDEFENDER or Liberty Puerto Rico Communications be liable for any damages of any kind, including, but not limited to, direct or indirect damages arising from the use, performance, or delivery of the Bitdefender Solution, even if BITDEFENDER and / or Liberty Puerto Rico Communications has been informed of the existence or possibility of such damages.

    SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BITDEFENDER’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR BITDEFENDER. The disclaimers and limitations set forth above will apply regardless of whether you agree to use, evaluate, or test Bitdefender.

    We strongly recommend that you back up your data frequently. At all times you will be required to mitigate your loss.
    IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NON-FAULT TOLERANT AND IS NOT INTENDED OR DESIGNED FOR USE IN ANY HAZARDOUS ENVIRONMENT THAT REQUIRES OPERATION OR FAIL-SAFE OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION RESULTING IN THE FULFILLMENT OR INSTALLATION DEATH, SEVERE OR PROPERTY DAMAGE.

    The above limitations of liability do not apply to cases of mandatory statutory liability, in particular liability under product liability law, liability for an assumed warranty, and liability for willful or negligent injury to life, limb or body. Health.
    Any legal right to terminate this Agreement due to any culpable breach by BITDEFENDER and / or Liberty Puerto Rico Communications will not be affected. BITDEFENDER and Liberty Puerto Rico Communications do not guarantee that Bitdefender will be uninterrupted or error free or that errors will be corrected. BITDEFENDER and Liberty Puerto Rico Communications do not guarantee that Bitdefender’s solution will meet your requirements.

    CONSENT TO ELECTRONIC COMMUNICATIONS. Bitdefender and Liberty Puerto Rico Communications may send you legal notices and other communications about Software and Maintenance subscription services or our use of the information you provide to us (“Communications”). Bitdefender and / or Liberty Puerto Rico Communications will send Communications through in-product notices or by email to the registered email address of the primary user, or will post Communications on their Sites. By accepting this Agreement, you agree to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on the Sites.

    DATA COLLECTION TECHNOLOGY. Bitdefender informs you that in certain programs or products it may use data collection technology to collect technical information (including suspicious files), improve products, provide related services, adapt them, and prevent illegal or unlicensed use of the product. Damages resulting from malware products.

    In addition to the Bitdefender solution registration information, Bitdefender must process and store certain information about your network and equipment to provide maintenance and related support services. To improve its products, Bitdefender may also periodically upload information from the installed Bitdefender solution about product usage, detected malware, or potentially unwanted files and use the Service’s traffic to improve its databases and heuristics. You agree that Bitdefender may (i) use data uploaded from the installed Bitdefender solution to improve products and services; (ii) use the uploaded data for analysis or reporting purposes only if such use does not identify You or if it includes any information that can be used to identify any individual person. Bitdefender reserves title, ownership, and all rights and interests to any intellectual property or work product that results from its use and analysis of such information. By using the Bitdefender Solution, you acknowledge and agree that Bitdefender may collect, disclose, store and analyze this information for the purposes mentioned above.

    To promote awareness, detection and prevention of Internet security risks, Bitdefender may share certain anonymous information with research organizations and other security software providers.

    INDEMNITY. You must indemnify, defend and hold Bitdefender, Liberty Puerto Rico Communications, its licensors, distributors, providers (collectively the “Indemnified”) from liability against (i) each and every one of the costs, charges, claims, damages, liabilities and / or proceedings undertaken against any of the Indemnified, including, but not limited to, outside legal fees, as a result of illegal conduct and / or violation of the rights of third parties, and / or (ii) any damage you may cause by using the Solution Bitdefender.

    SUPPLEMENTARY TERMS FOR BITDEFENDER’S DIGITAL IDENTITY PROTECTION. These terms only apply if you have signed up for, are entitled to or use our Bitdefender Digital Identity Protection service from Bitdefender and its partners.

    Using your email address and phone number, Bitdefender Digital Identity Protection first looks for confidential information in public records to start mapping your fingerprint. The service correlates all information linked to your identity and reveals names, gender, date of birth, email addresses, phone numbers, physical addresses, user names, jobs, education, URLs, photos. are linked to your public identity. You can view all of your publicly posted information over the years. The system also searches more than 100 categories of data linked to your identity, such as email, passwords, SSN, credit cards, travel documents and phone numbers. Bitdefender is not storing and processing the data, it is only showing the reference that the data exists in the data breach.

    After onboarding, our system collects information tied to your public identity and checks to see if you’ve been exposed in a data breach or on the public internet. Users receive instant alerts if personal information is exposed.

    Bitdefender will only control your email address. Please log in to the portal to see if you can add additional information for monitoring purposes.

    BITDEFENDER’S DIGITAL IDENTITY PROTECTION PROVIDES YOU WITH TOOLS AND RESOURCES TO PROTECT AND RECOVER FROM IDENTITY THEFT, WITHOUT ANY PART ANY IDENTITY CAN BE COMPLETELY SECURE.

    The information you provide is necessary to verify your identity, to charge you agreed fees for our services, and to fulfill our obligation to provide you with our services. The Bitdefender Privacy Policy describes how Bitdefender (or others acting on our behalf) collect, use and share information about you in connection with your use of Bitdefender Digital Identity Protection, and it is your responsibility to review our Privacy Policy before accepting this Agreement or before using our Services.

    Additional Disclaimers of Warranties and Limitation of Liability. The following are additional warranties and limitations of liability applicable to Bitdefender Digital Identity Protection:

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BITDEFENDER’S DIGITAL IDENTITY PROTECTION, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. BITDEFENDER’S DIGITAL IDENTITY PROTECTION IS PROVIDED “AS IS” AND “AS AVAILABILITY “. BITDEFENDER, LIBERTY PUERTO RICO COMUNICATIONS AND ITS THIRD-PARTY SERVICE PROVIDERS AND THEIR DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIMER OF ANY EXPRESS OR IMPLIED WARRANTIES. LIMITING THE PREVIOUS AND PREVIOUS SERVICE PROVIDERS AND THEIR SERVICE PROVIDERS, AND THEIR DATA PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS, TIMELINESS, MERCHANTABILITY, NON-INFRINGEMENT,
    You represent and warrant us that you will use Bitdefender’s Digital Identity Protection (and any information it contains) to protect or prevent actual fraud, unauthorized access to your data, claims or other liabilities, and not for any other purpose.

    FORCE MAJEURE. Neither Party will be in breach of the Agreement in the event that it is unable to fulfill its obligations as a result of a natural disaster, war, emergency conditions, labor strike, acts of terrorism, the substantial inoperability of the Internet, the inability to obtain supplies, or any other reason or condition beyond your reasonable control; provided, however, if such reasons or conditions remain in effect for a period of more than thirty (30) calendar days, either Party may terminate the Agreement affected by such force majeure after written notification to the other Party.

    You must comply with all applicable US and international laws governing the export and re-export of Bitdefender Solutions, including US Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by US governments and other governments. Without leaving aside the generality of the foregoing: (i) you declare that you are not a member of any of the lists of denied, unverified persons, of entities, of specially designated nationals, of disabled or of any other list published by the government from the US; and (ii) you will not use, export or re-export the Bitdefender Solution to territories, destinations, companies or individuals in violation of US and EU trade embargoes or sanctions. It will indemnify, defend and hold Liberty Puerto Rico Communications and Bitdefender harmless from any claim, lawsuit, lawsuit or proceeding, and all damages.

    There are no third-party beneficiaries. This Agreement is intended solely for the benefit of you and Bitdefender SRL and the others Bitdefender Group companies, and their respective agents, licensors, representatives, suppliers, distributors, resellers, and other business partners. No person who is not a party to this Agreement may present a cause of action under this Agreement as a third-party beneficiary thereof.

    GENERAL. This Agreement shall be governed by the laws of Romania and by international copyright treaties and regulations. The exclusive jurisdiction and venue for adjudication of any dispute arising out of the agreement with only Bitdefender itself will be the courts of Romania. The applicable jurisdiction for Liberty Puerto Rico Communications will be defined later.

    There Are No Class Actions

    YOU AND BITDEFENDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEDURE. In addition, unless both you and Bitdefender agree otherwise, the court cannot consolidate the claims of more than one person and cannot preside over any form of representation or class proceedings.
    In the event of invalidity of any provision of this Agreement, the invalidity will not affect the validity of the remaining parts of this Agreement.

    This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the part from which you acquired the Bitdefender Solution. This Agreement does not change your rights or obligations under the laws of your state or country if the laws of your state or country do not allow it.
    The Bitdefender and Bitdefender logos are trademarks of Bitdefender. All other trademarks used on the product or associated materials are the property of their respective owners.

    The Subscription will be terminated immediately without prior notice if you breach any of its terms and conditions. You will not be entitled to a refund from Bitdefender or Liberty Puerto Rico Communications as a result of the termination. Terms and conditions regarding confidentiality and use restrictions will remain in effect even after the termination.
    Bitdefender and Liberty Puerto Rico Communications may revise these Terms at any time and the revised terms will automatically apply to the corresponding versions of the Bitdefender Solution distributed with the revised terms. If any part of these terms is considered void and unenforceable, it will not affect the validity of the rest of the Terms, which will remain valid and enforceable.

    Bitdefender reserves the right to change the name of its Solutions in its sole discretion from time to time.
    This Agreement has been originally prepared in English. Although Bitdefender may provide translated versions of this Agreement for your convenience, the English version of this Agreement will be the governing version of this Agreement in the event of conflict or discrepancy.

    Although this Agreement has been prepared by Bitdefender, you confirm that this Agreement constitutes the understanding of the parties and is intended to be construed consistently with the subject matter and activities contemplated by, and the terms and conditions of the Agreement. No strict building rules regarding this Agreement will apply against either party.
    Contact BITDEFENDER, at 15A Sos. Orhideelor, Orhideea Towers Building, 9-12 floors, 6th district, Bucharest, Romania, or at the phone number: 40-21-206.34.70 or fax: 40-21-264.17.99, email address: office @ Bitdefender.com.

  • 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 (available at https://business.libertypr.com/). 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 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 Secure Cloud Storage Service.

    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 alls 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 and 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. You and your Users are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Secure Cloud Storage 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.

    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, as it will be explained below.

    (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) To be clear, other than the rare exceptions we identified in these Terms and Privacy Policy (available at https://business.libertypr.com/) 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. For example, it is your responsibility to ensure that you have the necessary rights or permissions to comply with this 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. 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 the foregoing, in accordance with Section 21 below.

    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. There are many things that Users can do with their Files (e.g. copying it, modifying it, sharing it again). 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. Backup of NAS storage devices may incur for an additional charge on some of our Backup Packages.

    (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. The usage limit for any internal or external drive will include NAS devices and USB drives. In the event that your usage exceeds the applicable limit on the Backup Package that you buy, Secure Cloud Storage reserves the right, but has no obligation, to increase the usage limit of your Backup Package without prior notification and increase charges accordingly.

    (c) You understand 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 in Secure Cloud Storage Backup. 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 you for an advice on 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.

    2. 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 it from the Service’s website.

    3. 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.

    4. 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

    To ensure the correct provision of the services, your equipment must meet the following technical specifications: Backup Service Technical Requirements.

    1. Minimum Internet connection: 512 Kbps. Upload / download.

    2. Minimum Hardware Requirements:

    a. Windows systems: Intel Pentium D, AMD Athlon 64 processors.

    b. MAC systems: Intel processors. – RAM: 1 GB. 3.

    3. Software Requirements:

    a. Microsoft Windows Vista or latest versions; Internet Explorer 11 and latest versions; .NET Framework 3.5 and latest versions.

    b. 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 described below.

    2. 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).

    3. 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 will be in charge of preparing the media or hardware for transport. It is recommended that the shipment is made, whenever possible, in an antistatic bag and packed in a box twice the media’s or hardware’s size, protected with padded paper, foam or bubble sheet, provided however you are responsible for ensuring the media or hardware is properly protected for shipment. Additionally, if any, the special boot disks, the passwords to access the system, the directories and the programs that are 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 at the address provided by us. We are not responsible for any media or hardware that is damaged, lost or stolen while in transit to us.

    4. Using a courier service, the damaged device will sent to the data recovery laboratory where it will be evaluated and the diagnosis will be made.

    5. When the damaged device is not reusable, the recovered Files will be download 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.

    6. The Service includes both the withdrawal, transport, delivery of the media or hardware to your home, the laboratory recovery work and the new device with the Files provided in cases where the damaged media or hardware is found not reusable.

    7. 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.

    8. We are responsible for the following:

    Verifying the contents of the Files. You have 15 calendar days to verify the Files provided on a new device.

    Damage to the media or hardware or the data contained thereon that may be caused during the execution of the data recovery and / or recording of the data on a new device, including the loss of warranties you may have from the manufacturer of the device and / or media or hardware.

    Businesses related to the ownership of goods and rights over the supported media and / or the data contained in the mentioned media or hardware.

    Loss or damage that the media or hardware may have suffered during the shipment or transfer, to/or from your home.

    9. 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.

    10. Limitations: we are not responsible for and accept no liaiblity 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 contained in the support device.

    Storage media that are not included in the list of supported storages.

    Functional recovery of the existing SO on the original disk.

    Installation / removal / uninstallation / installation of hard drives.

    Multimedia casings will not be returned, in case a new support is needed. They will become into standard USB cases.

    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, in cases of 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. Storage devices delivered to the user are not guaranteed to not fail.

    Destruction of the backup created by the provider after 15 calendar days from the date of shipment in the new support media or hardware, considering the recovery of total satisfaction. Devices for professional use 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.

    9. SYSTEM REQUIREMENTS

    Technical requirements

    It is necessary that your equipment meets the technical requirements detailed in the online Informatic Assistant service. Supported apps and devices

    1. Supported applications:

    a. 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).

    b. File repair: Office (supported versions), compressed files (zip, arj, rar), protected files, Outlook and Outlook Express (with written authorization).

    2. Supported devices:

    a. Hard Drives: IDE, USB / Firewire (external), laptop, Micro drive, PCMCIA, S-ATA.

    b. Removable devices: Floppy, Pen drive (USB).

    c. 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 he 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, regardless of the day on which the notification of termination of the Service is presented. 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 14.

    If the Services are terminated, unless otherwise set forth in these Terms, you will no longer have access to your Files or the continent contained in it, 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”) in connection with the Secure Cloud Storage 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 responsable for and we are not liable for your compliance with such Third-Party Terms.

    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 related to your Account 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 undestand that you will no longer have access to the Secure Cloud Storage Service or to the information contained on it, so it will be the responsibility of the User 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. To understand how Liberty collects and uses data, please visit https://www.libertypr.com/en/legal.

    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 understand and agree that the Secure Cloud Storage Service are subject to certain licensing and copyright agreements, as well as other restrictions, as outlined in the Terms. You shall not use the Secure Cloud Storage Service other than for their 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. We may, at our discretion, monitor your use of the Secure Cloud Storage 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 Secure Cloud Storage Service.

    (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. You are free to display and print for your personal, non-commercial use the Liberty Content, but you may not reproduce or modify the Secure Cloud Storage 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 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 (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).

    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. We reserve the right, without notice to anyone, to deny, disconnect, modify and/or terminate the service of anyone we believe is using the Secure Cloud Storage 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 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; (vi) capture, rip, download, frame or mirror any content forming part of the Secure Cloud Storage Service; or (vii) 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. We, in our sole discretion, or any of our licensees, may prosecute you and other responsible parties in the event that the Secure Cloud Storage Service are used for any unlawful purpose. In accordance with Section 10 below, you agree to indemnify us in the event of any such violation by you or anyone using the Secure Cloud Storage Service on your device.

    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, 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 Secure Cloud Storage Service for any purpose, without any obligation to compensate the author of such communications and without any liability to that person.

    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 ACOUNT 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. 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 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 legal@libertypr.com.

  • To view or download the PDF document, click here.

    INTRODUCTION

    Liberty Latin America and all its subsidiaries and affiliates, including Liberty Communications of Puerto Rico LLC, Liberty Mobile Puerto Rico Inc., Liberty Mobile USVI Inc. and Broadband VI, LLC (“LLA”), are committed to protecting our customers’ privacy. We want you to be confident in knowing that we treat your information with care and in accordance with our obligations under applicable data protection and privacy laws.

    This Privacy Policy (the “Policy”) describes how we collect, store, use, protect, and disclose your information when we provide you with our products, services, networks, and platforms, including our cable television, internet, mobile and fixed telephone services, business to business services, websites, and mobile apps (individually and collectively, the “Services”). Please be aware that because this Policy describes the privacy practices of all our Services, some parts of the Policy may not apply to you. For example, if you do not subscribe to LLA’s telephone services, we will not collect call detail information. Also, if you have a separate contract for any Service, that contract may describe how we process information about you. If a portion or section of this Policy conflicts with local laws or regulation, those laws or regulation will supersede said section.

    This Policy does not apply to products, services, websites, and mobile applications not provided by LLA. We recommend that you read the privacy policies of such third parties. We are not responsible for the privacy practices or content of any such third parties’ websites, products, or services.

    If required by law, we will notify you of our Privacy Policy annually. However, we may update this Policy from time to time. Any updates will be posted on LLA’s website at www.lla.com/privacy and on subsidiaries’ websites (in conjunction, the “Websites”) and are effective as of the date first published. If at any time you find this Policy unacceptable, you should cease using the Services.

    INFORMATION WE COLLECT

    We collect information about you that directly identifies you, such as name, address, and telephone number, to assist us in providing and invoicing our Services. We also collect information that does not directly identify you but can be associated with you and your use of devices and our Services, such as IP address, device numbers, and account numbers.

    We may obtain this information from you directly, automatically through the devices you use to access our Services, or from third parties. If you permit others to use the Services, we may collect information about them too.

    LEARN MORE

    Among others, we may collect information about you in the following ways:

    • Information you give us directly, such as when you purchase products or services, fill out a form for any of our Services, send us an e-mail, or respond to a survey
    • Automatically from your device, such as when you use an interactive or transactional service, television viewing controls, or use our Services
    • From third parties, such as service providers who provide us operational support

    Additionally, with respect to our customers in the United States, we collect Customer Proprietary Network Information (CPNI) from you when you use certain telecommunications Services. Please see the section on CPNI below for more information, which includes instructions if you wish to opt-out of our use of your CPNI for marketing.

    You may provide information to us directly, including:

    • Registration information: When you sign up for our Services, we require you to provide information about yourself and supporting documentation, including all or some of the following: your name, service and billing address, email address, telephone number, Social Security or other government-issued identifiers, driver’s license number, billing and credit records, and bank account and credit card numbers used to pay for our Services.
    • Account Information: Information we use to identify you and to maintain your account and the Services, which may include date of birth, government-issued identifiers, next of kin, employment, and credit history.
    • Payment and Billing Information: Information about your payments to us and the information on your billing statements and receipts.
    • Contact Information: Information that we maintain to be able to get in touch with you.
    • Social Media Information: When you interact with us on social media, we may collect your username, real name, profile picture, and any information you choose to share with us on the social media platform.
    • Photographs: We may collect photos of your property for troubleshooting purposes.
    • Communications: We may collect records of calls, emails, and chats with our customer service representatives.

    We or partners working on our behalf may collect information automatically from the devices or software you use to access our Services. If you are using our Websites, applications (“apps”), or other digital channels, we may collect some of this information using web “cookies” and similar information-gathering technologies and maintain server logs. The types of information we may collect include:

    • Online Analytical Information: We may collect information from your browser and activity on our Websites or apps, including details about your interaction with our Websites, apps, and electronic newsletters.
    • Online Advertising Information: We and partners working on our behalf may collect information from your browser and activity on our Websites or apps that we use for advertising our Services to you on third-party websites or apps, including special advertising and other unique identifiers that enable us or our partners to target advertisements to you. Please be aware that our advertising partners may collect information about you when you visit third-party websites or use third-party apps. They may use that information to better target advertisements to you on our behalf.
    • Service Usage: We may collect information about your use of our Services. This includes, for example, your video selections when you use our cable television Services, your use of company-provided and third-party set-top boxes, remote controls, electronic program guides, video players, applications, tablets, and other devices and software that are connected to our cable system or other Services. This information includes which channels, programs, and advertisements are viewed and for how long. When you use our digital video recording service, our DVR partner collects information about you, including personal and viewership information, to provide that Service. When you use our internet and telephone services, we may transmit, collect, and store information about you for a period of time related to your use of our Services and features. This information may include your email, instant messaging activity, file transfers and sharing, web browsing, telephone activity including voicemails, use of our voice center, custom settings or preferences, and communications with us for support, or other uses of our Services and features.
    • Voice Commands: We may collect information from voice-activated or voice-controlled devices.
    • Geolocation: We may collect precise geolocation if you have it enabled on your mobile device when you use our apps. Also, we may collect address-level information, for example, when you use Wi-Fi enabled devices that connect to your router. If you do not want us to collect your device’s location, you can disable location services on your device using the device settings.
    • Device and Network Activity Information: We may collect technical information about your use of devices on our network, for example, IP address, Domain Name Server, and statistics about your network activity.
    • Video and Audio Recordings: If you use our home security services and activate recording features, we may collect video and audio recordings.

    We may collect information about you from third parties, including:

    • Information, such as contact information, demographic information, and information about your interests and purchases, that we obtain from other companies to better tailor our programming, marketing, and advertising services to yo.
    • Information about your billing and credit history from credit reporting agencies.
    • Information about your interests, activities, and employment history from social networks and other places where you choose to share information publicly.
    • Information about your interaction with advertisements on our Services or ads that we place on third-party websites from online advertising companies.

    If you decide to invite others to the Services, we will collect your and the other person’s names, email addresses, and/or phone numbers to send an email or text message and follow up with the other person. You agree that you will obtain the other person’s consent before giving us their contact information. You also agree that you will not send us the contact information of a minor. We will inform any other person you invite that you gave us their information in the invitation email.

    HOW WE USE YOUR INFORMATION

    We use the information we collect from or about you to provide the Services to you, improve those Services, customize the Services to your preferences, market and advertise the Services to you and others, troubleshoot the Services, secure the Services, and respond to requests from governmental entities or law enforcement agencies. We may use information about you for additional purposes, but only if we obtain your consent to do so.

    LEARN MORE

    • To provide and manage our Services: We may use information about you to provide the Services you requested, send you bills and invoices, provide technical support, authenticate access to your account, help with upgrades, detect and protect against fraud and the unauthorized use of our Services, provide you with personalized content, process and respond to your inquiries, administer disputes, and enforce our legal rights, including your agreement(s) to receive the Services. Additionally, we may ask you for feedback about our Services’ performance, customer care service, and maintenance and operations. As permitted by applicable law, we may monitor and record our communications with you, including emails, chats, and calls, for training purposes, quality assurance, and to record details about the Services you order from us.
    • To enhance our Services:
      – We may use audience measurement and other demographic data about you to improve our Services and make programming and advertising more relevant to you. We may also use this information to distribute and deliver relevant programming and advertising to you.
      – Viewership information may be used to determine which shows are most popular, how many people watch a program to its conclusion, and whether people are watching commercials. An analysis of this information helps improve our cable television service and other Services and makes programming and advertising more relevant to our subscribers; it also allows us to distribute and deliver relevant programming and advertising to you without disclosing personally identifiable information about you to programmers or advertisers.
      Activity data may be used to help us learn how popular certain programs are and how our customers as a whole generally prefer to view certain kinds of programming using cable television service, including whether they like to watch certain programs live, on-demand, on mobile devices, or online. This may require us to compare or combine activity data on our cable system with online activity data.
    • To customize our Services:
      – This enables us to personalize your settings on our products and Services so that you don’t have to change these settings each time you use them.
      – We may use location data to identify which of our systems provides services to you to provide relevant information related to our Services in your area.
    • For marketing and advertising: We may use information about you to deliver our and third parties’ advertisements to you on our properties or on third parties’ websites and apps, measure the effectiveness of our advertising, provide you with content recommendations, and send you promotions and offers. We may also use activity data to determine whether promoting content and services in certain ways helps attract a larger audience and more customers. We may compare or combine information, such as activity data, we receive when you use cable television services to view content or advertising with information about your use of content and advertising that we deliver on other platforms, such as DVR devices, Websites, and apps. We do this to better understand how our customers access and use our products and services in all of the places that we offer them.
    • For troubleshooting: We may collect activity data associated with particular devices, such as set-top boxes, portable devices, and other supported devices, so we know where to deliver the Services and how to troubleshoot them.
    • To maintain the security of our systems: We may use information about you to protect and secure our Services, assets, network, and business operations and to detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal. We may use automated processes to scan incoming and outgoing email messages to, for example, identify and filter out likely spam or harmful messages. We do not read or disclose to third parties the content of your email messages or other online communications unless we are compelled by law or legal process to do so.
    • For legal compliance: We may use information about you to comply with legal processes, such as warrants, subpoenas, court orders, and lawful regulatory or law enforcement requests, and to comply with applicable legal requirements.

    HOW WE SHARE YOUR INFORMATION

    We may share any of the information we collect from or about you when you direct us to do so, if necessary, to provide the Services to you, to respond to legal process, and to protect our property and the safety of our employees. We may also share information with partners to help market and advertise our Services. Please see Your Options and Rights Regarding Your Information (below), which explains how you can opt-out of our uses or disclosures of information for marketing or advertising purposes.

    LEARN MORE

    • Affiliates: We may share information with other members of our group of companies.
    • Telephone Services: We will only use, disclose, or permit access to your information as required by law or as approved by you and as necessary to provide communications services or other services necessary to, or used in, the provision of the communications service. We may disclose your personally identifiable information to third parties in connection with features and services such as Caller ID and directory services.
    • Commerce Partners and Other Third Parties: When you elect to participate in a special offer or engage in a transaction presented by us but provided by our Commerce Partners, we may disclose information about you to such Commerce Partners when relevant. We may disclose limited information, including your name, address, and level of service, to other non-affiliated entities for “mailing list” or other purposes that may or may not relate to the Services unless you object to such disclosure in advance. Any disclosure that we make under this exception will not reveal, directly or indirectly, the extent of your viewing or other use of the Services or the nature of any transaction you make over our cable system.
    • Service Providers: We engage vendors to perform specific business functions on our behalf, and they may receive information about you from us or collect it directly. These vendors are obligated by contract to use information that we share only for the purpose of providing these business functions, which include:
      – Supporting Service functionality, such as vendors that support customer service and customer relationship management, application development, postal mailings, and communications (email, SMS, fax).
      – Auditing and accounting firms, such as firms that assist us in the creation of our financial records.
      – Professional services consultants, such as firms that perform analytics, assist with improving our business, provide legal services, or supply project-based resources and assistance.
      – Analytics and marketing services, including entities that analyse traffic on our online properties, assist with identifying and communicating with potential customers and support distribution of marketing communications.
      – Security vendors, such as entities that assist with security incident verification and response, service notifications, and fraud prevention.
      – Information technology vendors, such as entities that assist with website design, hosting and maintenance, data and software storage, and network operation.
    • Online Advertising Partners: We partner with companies that assist us in advertising our Services, including partners that use cookies and online tracking technologies to collect information to personalize, retarget, and measure the effectiveness of advertising.
    • Law Enforcement and Governmental Entities: If allowed by and after complying with applicable local laws requirements, we may disclose your information to representatives of a government or to comply with valid legal processes. In these situations, we may be required to disclose information about a customer without the customer’s consent and without notice to the customer. In some instances where there are valid legal requests or orders for disclosure of your information, we may notify you of the requests or orders and then it may be up to you to object or take specific action to prevent any disclosures pursuant to those requests or orders. Law enforcement agencies may, with the appropriate legal document/order, and without notice to you, obtain the right to install a device that monitors your internet and email use, including addresses of email sent and received and, in some cases, the content of those communications, and/or your use of our telephone service, including listings of incoming and outgoing calls and in some cases the content of those calls.
    • Sale, Merger or Acquisition: We may change our ownership or corporate organization while providing the Services. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with or during negotiations of any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot guarantee that an acquiring party or the merged entity will have the same privacy practices or treat your information as described in this Policy.
    • Child Exploitation and Human Trafficking: We are required by law to report any evidence we may have or become aware of relating to violations of laws concerning child exploitation and/or human trafficking.

    HOW DO WE PROTECT YOUR INFORMATION

    YOUR OPTIONS AND RIGHTS REGARDING YOUR INFORMATION

    How to access your information

    You may obtain information about your account by using our online account manager or mobile apps or by getting in touch with us using the contact information below. You may also examine the records containing your information by contacting us and setting up an appointment. If you wish to inspect our records containing your information, our offices are open from 9:00 am to 5:00 pm Monday through Friday local time, excluding holidays. Local protocols may apply. If your review reveals an error in our records, we will correct it. You will only be permitted to examine records that contain information about your account.

    • Liberty Communications of Puerto Rico / Liberty Mobile of Puerto Rico / Liberty Mobile of USVI/ Broadband VI
      – elephone: (787) 657-3050
      – Email: servicio@libertypr.com
    • C&W (Flow, BTC, Cable & Wireless Networks and Cable & Wireless Business)
      – Email: privacy@cwc.com
    • C&W Panama
      – Telephone: +507 8822529
      – Email: privacidad@cwpanama.com
    • Liberty Telecomunicaciones de Costa Rica
      – Call Center: 1693
      – WhatsApp: 63111693
      – Facebook: @costaricaliberty
      – Twitter: @liberty_cr
      Instagram: liberty_cr
      – Email: privacidadcr@lla.com

    Please be aware that we will require you to provide information to verify your identity before we make any changes or disclose information to you.

    Your choices regarding the use and disclosure of your information

    You have the right to prohibit or limit certain kinds of disclosures and marketing. You may contact us to ask us to put your name on our internal company “do not call” and “do not mail” lists so that you generally do not receive marketing or promotional telephone calls or postal mail from us or made at our request (you may still receive some marketing, such as in our billing statements and other service-related communications and in communications that you initiate). Similarly, you may always opt out of receiving future email marketing messages from us by clicking on the link in the applicable marketing email and following the instructions provided there.

    You also have the right to prohibit or limit disclosure of your information to third parties for “mailing list” or other purposes as described above in this Policy. To restrict such disclosures, you may contact us at the contact information in the previous section. Please include your name, address, and account number when contacting us for this purpose.

    Your enforcement rights

    You may have all or some of the following rights with respect to your information, depending on your location or residency. Please contact us to exercise your rights.

    • Access and Portability: Request access to personal data we hold about you or request transmission of your data to a third party.
    • Correction: Request that we rectify inaccurate or incomplete personal data we store about you.
    • Erasure: Request that we erase personal data when such data is no longer necessary for the purpose for which it was collected when you withdraw consent and no other legal basis for processing exists, or when you believe that your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
    • Restriction of Processing: Request that we restrict our processing of personal data if there is a dispute about the accuracy of the data; if the processing is unlawful; if the processing is no longer necessary for the purposes for which it was collected but is needed by you for the establishment, exercise, or defense of legal claims; or if your request to object to processing is pending evaluation.
    • Objection to Processing: Object to processing of your personal data based on our legitimate interests or for direct marketing (including profiling). We will no longer process the data unless there are compelling legitimate grounds for our processing that override your interests, rights, and freedoms or for the purpose of asserting, exercising, or defending legal claims.
    • Transfers: Obtain information about and a copy of the safeguards we use to transfer personal data across borders.
    • Complaints: Lodge a complaint about our data collection and processing actions with your jurisdiction’s privacy supervisory authority.

    Your ad choices

    You have options to limit the information that our partners and we collect for online advertising purposes.

    If you exercise these options, please be aware that you may still see advertising, but it will not be personalized. Nor will exercising these options prevent other companies from displaying personalized ads to you. If you delete your cookies, you may also delete your opt-out preferences. We do not respond to “Do Not Track” signals at this time.

    OTHER IMPORTANT INFORMATION

    How long do we keep personally identifiable information?
    We may store information about you for as long as we have a legitimate business need for it.

    Cross-border data transfer
    We are part of an international group of companies (the “Liberty Latin America Group”) and may collect, process, and store your information in various countries. We may also transfer your information within the Liberty Latin America Group and to our service providers. The data privacy laws governing the use and transfer of data in other countries may not be the same as those in your country; however, we will ensure that an adequate level of protection is provided to protect your information.

    Information about children
    Our Websites and apps are intended for users aged 13 and older. We do not knowingly collect information from children. If we discover that we have inadvertently collected information from anyone younger than the age of 13, we will delete that information. Please contact us with any concerns.

    PRIVACY DISCLOSURES FOR SPECIFIC JURISDICTIONS

    United States, Puerto Rico and U.S. Virgin Islands – Customer Proprietary Network Information (“CPNI”)

    When we provide telecommunications services to you, we may collect certain information that is made available to us solely by virtue of our relationship with you, such as the type, destination, technical configuration, location, and amount of use of such services. This information, and related billing information, is known as Customer Proprietary Network Information (“CPNI”). You have a right, and we have a legal duty under United States federal law to protect the confidentiality of CPNI. Consistent with federal law, we may use and disclose your CPNI without your permission to protect our rights or property; to protect users of our Services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such Services; to comply with any laws, court orders, or subpoenas (please note that we may be compelled to disclose your CPNI in certain circumstances); to provide Services to you pursuant to your contract with us for telecommunications services; to provide inside wiring installation, maintenance, and repair services; to conduct research on the health effects of cellular radios; to market services such as speed dialing, computer-provided directory assistance, call monitoring, call tracing, call blocking, call return, repeat dialing, call tracking, call waiting, caller I.D., call forwarding, certain centrex features, or other services within the same category or categories of service to which you already subscribe; to provide customer premises equipment and features; to provide call answering, voice mail or messaging, voice storage and retrieval services, fax store and forward, and protocol conversion.

    While federal law allows us to use CPNI for the above purposes, you have the right to restrict us from the following additional uses of your CPNI:

    • Use or share your CPNI to market services except as provided above; or
    • Share your CPNI with our affiliates or agents to provide or market services to which you do not subscribe.

    Such uses better enable us to provide you with offers more tailored to your interests and needs, but you can restrict such use of your CPNI by contacting us via letter at Liberty Puerto Rico, Dispute & Claims Department, P.O. Box 192296, San Juan, PR 00919-2296, via email at servicio@libertypr.com, or by phone at any time at 787-355-3535. If you do not notify us within 30 days of your receipt of this notice, we will assume that we have your permission to use and disclose CPNI for these marketing purposes. You may revoke your permission (opt-out) at any time. Your permission, or revocation of permission, remains valid until you tell us otherwise. The Services we provide to you will not be affected if you deny or revoke your permission. If you restrict your CPNI use, you may still receive marketing from us, but it would not be based on using your CPNI. For your protection, we will not disclose your call detail records over the phone unless you authenticate your identity. We will also require the use of a password to log into accounts where you can view your CPNI online.

    Jamaica

    To contact Flow Jamaica’s Data Protection Officer, please send a letter or email to the following:

    Data Protection Officer
    2-6 Carlton Crescent
    Kingston, Jamaica
    Att. Legal Department
    privacy@cwc.com

    HOW CAN YOU CONTACT US ABOUT THIS POLICY

    If you have any comments or queries concerning this Policy or you wish to request access to your information, please email us at the appropriate address included in the Your Options and Rights Regarding Your Information section above or at privacy@lla.com.

  • TERMS AND CONDITIONS

    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 and delete any portions of the Service you may have copied or downloaded. 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 depends 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 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. We are not responsible for your inability to use the Services or our inability to provide the Services, to the extent your use of the Services does not comply with these Terms.

    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 payed 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. To understand how Liberty collects and uses data, please visit https://www.libertypr.com/en/legal. 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, regardless of the day on which the notification of termination of the Service is presented. 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. We reserve the right, without notice to anyone, to deny, disconnect, modify and/or terminate the Service of anyone we believe is using the 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 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; (vi) capture, rip, download, frame or mirror any content forming part of the Service; or (vii) 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. In accordance with Section 12 below, you agree to indemnify us in the event of any such violation by you or anyone using the Service.

    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 Always Connected 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, 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 Service for any purpose, without any obligation to compensate the author of such communications and without any liability to that person.

    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. 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 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 legal@libertypr.com.

    (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.

  • 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 persona 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

    Personal information you share through the Plume Services

    • To manage promotions and other features of the Plume Services that allow you to share your personal information
    • When you receive customer support
    • To respond to your request such as a form filled out on Plume’s website to download content or attend an event

    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. Some information also is automatically collected by the Plume Services (as described in sub-section c below)..

    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. Some automatically collected information is personal information under certain laws.

    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 handsh ake 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 HomePass

    • motion in the home, which are collected as disruptions in Wi-Fi waves in the Customer Network and which collectively provide a pattern of motion and motion history
    • metadata about time spent using various Internet applications that are accessed through the Customer Network

    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. Many of these data are optional and/or dependent on the user’s social media profile settings.

    Data collected using cookies, pixel, web beacons and similar data collection technology (collectively, data collection technology)

    • browser type, operating system version, domains, IP address, browser type, internet service provider and mobile network of visitors to Plume’s websites
    • how a computer or Mobile Device interacts with Plume’s websites, including the date and time accessed, search requests and results, mouse clicks and movements, specific webpages accessed, links clicked and videos watched
    • data about the third-party sites or services accessed before interacting with Plume’s websites, which is used to make advertising more relevant for users
    • interactions with Plume’s marketing communications, such as whether and when a Plume email is opened, to help Plume measure the success of email marketing campaigns

    Please see Plume’s Cookie Policy for more information.

    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.

    The types of personal information that we receive from third parties are:

    • 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 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. Payments for purchases are processed by third-party payment processors.
    • Personal information from marketing services providers to help identify individuals who may be interested in learning more about the Plume Services and to supplement personal information Plume already has.
    • 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. Through a process called “retargeting,” these advertising partners place cookies in your browser when you visit our website so that they can identify you and serve you ads on other websites around the web based on your online activity. Please see Plume’s Cookie Policy for more information.
    • Personal information from publicly available sources
    • Personal information from law enforcement and other government authorities (but only in rare cases)

    When Plume combines personal information from third-party data sources to enhance the personal information that Plume or its customers hold, Plume requires that each third party confirm in writing the lawfulness of its sharing of personal information with Plume.

    e. Other information collected with your consent

    Plume may ask you for your consent to collect specific types of personal information, such as when you choose to participate in events, request exclusive content or participate in testing new products or features.

    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 (e.g., malicious Internet locations or websites) 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, blocking content identified as inappropriate in accordance with content filters set by the Customer Network administrator and generating live motion visuals and motion history for Customer Networks
      • offer data analytics tools that enable customers to match and augment their own data sets with data generated by Customer Networks to help improve market and audience segments, identify and analyze trends and create better advertising campaigns

    Whether Plume is a controller or processor examples of a personal information depends on the customer relationship. If you have questions about whether Plume is a processor or controller of your personal information, please contact the administrator of the Customer Network you are using or privacy@plume.com.

    • For Plume’s lawful and legitimate operational purposes. Plume processes personal information as a controller to:
      • 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)
      • invite customers and others to participate in market research and testing of current and new features or products
      • create statistical analyses and segment and combine data sets to identify trends
      • detect and prevent fraud (e.g., if you provide a credit or debit card, we may use third parties to check the validity of the sort code, account number and card number you submit)
      • enforce Plume’s customer contracts and other legal agreements
      • prevent, investigate and/or report security incidents, crime, fraud or other violations of law
    • To comply with applicable laws and protect legal rights. Plume processes personal information as a controller to:
      • enforce and investigate actual or suspected violations of our legal agreements
      • protect the safety, security and legal rights of customers and users of the Plume Services
      • detect, prevent and remediate fraud or other unlawful behavior, security issues and other technical issues related to the Plume Services
    • With consent. Plume processes personal information as a controller based on consent for certain marketing activities and advertising practices for automated processing (as described below).

    Plume also anonymizes personal information and uses the anonymized data as permitted by applicable law and contracts. (Once personal information is anonymized in compliance with applicable law, it is no longer personal information and not subject to this Plume Privacy Policy.)

    4. DOES PLUME USE AUTOMATED PROCESSING

    Plume uses automated processing tools to:

    • 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, such as when
      Plume segments users based on machine learning-determined “traits” of a particular location
    • For data loss prevention
    • To monitor use of the Plume Services in accordance with content, governance and information security policies.
    • To comply with legal obligations and defend legal rights
    • To prevent, investigate and/or detect unauthorized or illegal use of the Plume Services

    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, such as when Plume’s automated processing produces legal or similarly significant effects for you and does not involve human input.

    When consent to automated processing is required, Plume works to provide meaningful information about the logic involved in automated processing to help ensure that consent is specific, informed and voluntary and to ensure that users of the Plume Services are not adversely affected by a decision to withhold or revoke consent to 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 (such as by email marketing) and supplement personal information that we already have. For example, Meta receives and uses certain data related to the use of the Plume Services to help us deliver personalized advertising on its platform and assess the effectiveness of this advertising.
    • Service providers to enable them to perform services on our behalf, including data analytics, geo-location based on IP address analytics, data security, cloud storage providers, ecommerce operations, surveys, research, administration of promotions, offers and promotions and otherwise to help us carry out our business.
    • 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 (e.g., Google Nest and Amazon Alexa). If you acquire the Plume Services through a CSP or reseller, Plume shares personal information with that CSP or reseller.
    • Potential or actual acquirers or investors and their professional advisers in connection with any actual or proposed merger, acquisition or investment in or of all or any part of our business. We will use our best efforts to ensure that the terms of this Plume Privacy Policy apply to personal information after the transaction or that users receive advance notice of changes to personal information processing.
    • 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 (i) to comply with the law, (ii) to exercise, establish or defend legal rights, or (iii) to protect the vital interests of users, business partners, service providers or another third party.
    • Other third parties with consent.

    When Plume shares anonymized data, Plume takes administrative measures to prohibit efforts by recipients to re-identify the anonymized data.

    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 and include (as applicable) measures to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and a procedure for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing of personal information. Like any other organization, Plume cannot fully eliminate security risks associated with the processing of 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 privacy@plume.com.

    If we become aware of a breach that affects the security of your personal information, we will provide you with notice as required by applicable law. When permitted by applicable law, Plume will provide this notice to you through the email address associated with your account or other permitted method associated with your account.

    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.

    When determining the relevant retention period, Plume takes into account the Plume Services used, the nature and length of Plume’s relationship with the customer, mandatory retention periods provided by law and other relevant criteria.

    At the end of 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. Plume uses anonymized data subject to applicable law and contracts.

    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. This Privacy Policy applies to individuals who reside in the U.S. or Canada

    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, such as when the basis of the processing is our legitimate interest (pursuant to Art. 6 para. 1f) GDPR) or the right to opt out of the sale of your personal information and targeted advertising in the U.S.
    • 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 are a resident of California or Virginia, please see Plume’s Privacy Rights Notice (U.S.) (U.S. State Privacy Rights Notice), which is effective January 1, 2023, for more information about the rights available to you. The U.S. State Privacy Rights Notice applies to Consumers, as defined under the California Consumer Privacy Act, including as amended by the California Privacy Rights Act (CPRA)) (together, CCPA), the Colorado Privacy Act (CPA), the Virginia Consumer Data Protection Act (CDPA), the Utah Consumer Privacy Act (UCPA), Connecticut’s Act Concerning Personal Data Privacy and Online Monitoring (CTPA), and all laws implementing, supplementing or amending the foregoing, including regulations promulgated thereunder (collectively, U.S. Privacy Laws). The U.S. State Privacy Rights Notice also serves as our Notice at Collection for purposes of CCPA.

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

    Plume’s tools for exercising choices about personal information processing, also include:

    > 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. Your account settings also may allow you to change your notification preferences. After you opt out, we may still send you non-promotional communications, such as receipts for purchases or administrative information about your account.

    > Customer Network Administrator Tools. Please contact the administrator of the Customer Network that you use about the following options:

    • Profile settings: Depending on the Plume Services used, a Customer Network administrator may assign profiles and nicknames to Customer Network Equipment and Mobile Devices connected to a Customer Network.
    • Privacy more setting: Certain Plume Services also offer a privacy mode setting. When on, this setting blocks all data exchange.
    • Internet security controls: A Customer Network’s administrator may configure policies for security protection, schedules, parental controls or content filters through the account settings.
    • Motion detection settings: A Customer Network’s administrator can disable the motion detection features that allow the Plume Services to generate live motion and motion history reports. Once disabled, Plume no longer collects information about the live motion within a Customer Network and can no longer generate the reports.

    > 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 (e.g., Google Play, App Store) have permission settings for specific types of mobile device data and notifications, such as for access to contacts, geo-location services and so-called push notifications. You can use the settings on your Mobile Device to consent to or deny certain information collection and/or push notifications. You can stop all information collection from a Plume Mobile App by uninstalling it. If you uninstall a Plume Mobile App, please also consider checking your operating system’s settings to confirm that the unique identifier and other activity associated with your use of the Plume Mobile App is deleted from your Mobile Device.

    9. HOW DOES PLUME PROTECT CHILDREN’S PRIVACY?

    To learn more about HomePass parental controls, please see https://support.plume.com/hc/en-us/sections/360002021834-Content-Parental-Control.

    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. These safeguards include agreeing to standard contractual clauses and similar model contracts for transfers of personal information among the Plume affiliates and among Plume’s suppliers and partners. When in place, these contracts require the affiliates, suppliers and partners to protect personal information in accordance with applicable privacy laws.

    To request information about Plume’s standard contractual clauses or model contracts and other safeguards for cross-border personal information transfers, please contact privacy@plume.com.

    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 that we believe affect your privacy rights so that you have an opportunity to review the revised Plume Privacy Policy before it is effective. If your consent is required by applicable privacy laws, Plume will obtain your consent to changes before the revised Plume Privacy Policy applies to you.

    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 privacy@plume.com
    • by mail at:
      Plume Design, Inc.
      Attn: Privacy
      325 Lytton Ave, Suite 200
      Palo Alto, CA 94301
  • To view or download the PDF document, click here.

    This Acceptable Use Policy (“AUP”) applies to Liberty customers who purchase residential and commercial Services. This AUP supplements your primary agreement with Liberty (e.g. for residential customers, the Liberty Services Agreement or for business customers the Liberty Services Agreement, Business Master Services Agreement, Wholesale Master Services Agreement, or any other Liberty agreement, in either case, “Your Agreement”).

     1. What Does This AUP Apply To?

    This AUP specifies use restrictions and requirements applicable to users of our Services (as defined in Your Agreement). This AUP covers Services and restrictions generally applicable to everyone who uses Liberty’s Services, and includes prohibitions related to specific products here: 3. What Are Acceptable Uses of the Services c. Prohibited Uses (Residential and Commercial Services). By accessing and using the Services, you understand and agree that you will comply with the AUP, including any updated version of the AUP. If you do not agree to be bound by this AUP, you must immediately cease use of the Services and notify our Customer Service Department to terminate the account.

    2. Will I Be Notified of Changes?

    We reserve the right to change this AUP. If we change this AUP, we may provide notice of material changes and such notice may include communications through your Account (as defined in Your Agreement), 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 this AUP when we make changes. Your continued use of the 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 in the AUP, you must immediately cease your use of the Services and delete any Liberty or uninstall any software, documentation or other intellectual property owned by Liberty or its licensors. We encourage you to review the AUP from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. The most current version of the AUP is always available on our website, www.Libertypr.com, or by calling our Customer Service Department.

    3. What Are Acceptable Uses of the Services?

    A. Residential Customers. If you are a residential customer, the Services are designed for your lawful, personal and/or family use. Your use is for a single household in the service address for your Account (except with respect to mobile services, which permit use at other locations). Only you and your authorized guests in the same household are users who may use the Services. You may not use the Services for any non-personal purposes. Any use not expressly permitted under Your Agreement or that violates any Liberty policies or rules is prohibited. You and other Users may not use, or enable others to use, the Services to operate any type of business or commercial enterprise. You may not expose Liberty’s network to any type of server that is not consistent with personal, residential use, such as web or mail servers offering content or services to external users.

    B. Commercial Customers. If you are a commercial customer, the Services are designed to be used under the terms set forth in Your Agreement. Any use not expressly permitted under Your Agreement or that violates any laws or Liberty policies or rules is prohibited.

    C. Prohibited Uses (Residential and Commercial Services). You may not use the Services in any manner that is objectionable or unlawful; interferes with the functioning or use of Liberty’s Services, networks or systems or other users; or violates the terms of this AUP. Examples of prohibited conduct include:

    • reselling or redistributing, or enabling others to resell or redistribute, access to the Services in any manner;
    • accessing, or attempting to access, without authority, the accounts of others, or penetrate, or attempt to penetrate, security measures of our system;
    • circumventing any user limits or other timing, use or functionality restrictions built into the Services;
    • using any robot, spider, scraper, or other automated means to access the Services for any purpose;
    • engaging in the systematic retrieval of data or other content from the Services to compile any databases without our prior written consent;
    • distributing unsolicited bulk or commercial messages, commonly known as “spam;”
    • impersonating another user, or engaging in phishing or any other fraudulent activity;
    • engaging in conduct that is defamatory, obscene, or deceptive;
    • violating Liberty’s Copyright Policy or the intellectual property rights of Liberty or third parties;
    • removing any proprietary notices, labels, copyright, or trademarks from the Services;
    • capturing, ripping, downloading, framing or mirroring any content forming part of the Services;
    • using the Services for high-risk activities involving vital communications in which an error or interruption in the Services could lead to material injury to business, persons, property, or the environment; or
    • accessing the Services in order to (1) build a competitive product to the Services, or (2) copy any ideas, features, functions or graphics of the Services.

    4. What If My Use Affects Systems, Networks, and the Services?

    a. Any disruptive or otherwise unauthorized activity that interferes with the systems, networks, or Services of Liberty, its customers, or any third party, is prohibited. Examples of prohibited conduct include: 

    • Unauthorized access to or use of data, systems, or networks without express authorization of the owner of the system or network, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures.
    • Unauthorized monitoring of data or traffic on any network or system.
    • Forging, or tampering with, any data or traffic on any network or system.
    • Interfering with Internet service to any Liberty customer, host, or network, including, but not limited to, mail bombing, flooding, or denial of service attacks.
    • Disrupting, degrading, tampering with, or otherwise adversely affecting Liberty’s network, or equipment owned by Liberty or Liberty’s customers.
    • Excessive use of bandwidth that, in Liberty’s sole opinion, places an unusually large burden on Liberty’s network or goes above normal usage. Liberty reserves the right to impose limits on excessive bandwidth consumption via any means available to it.

    What About Uses That Affect Security?

    A. You are solely responsible for the security of any device connected to the Services, including any data stored on that device. You must take steps to protect such devices from attack, such as infection by computer viruses, and from unauthorized use. Wireless networks should be secured and encrypted.

    B. Liberty reserves the right, in its sole discretion, to take appropriate action against customers with security issues, such as those infected with computer viruses or worms to prevent further spread. 

    C. If Liberty notifies you of a security issue with your use of the Services, you must address the problem in a timely fashion. Liberty will consider failure to address an issue after such notification to be a violation of this AUP. 

    5. Enforcement. 

    Liberty may, but is not required to, monitor your compliance with this AUP, Your Agreement, any Liberty rules and policies, and applicable Service Terms. Liberty reserves the right at its sole discretion to immediately suspend, terminate, remove content from, or restrict use of all or part of, the Services without notice if your use violates any of the foregoing. Further, Liberty, in its sole discretion, will take any other legal or technical action it deems appropriate. Liberty is not liable for any such action and such action is not exclusive of other remedies available to Liberty.

    6. No Waiver. 

    The failure by Liberty or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter

    7. What are the Restrictions Applicable To Wireless Services? 

    a. General. Our wireless network is a shared resource, which we manage for the benefit of all our customers. To ensure the activities of some users do not impair the ability of other customers to have access to reliable services provided at reasonable costs, we forbid certain activities and uses (“Prohibited Network Uses”). Prohibited Network Uses include use of Liberty Wireless Service that, in Liberty’s sole determination: hinders other customers’ access to the wireless network; involves a mechanism that is used to originate, amplify, enhance, retransmit or generate a radio frequency signal without our permission; negatively affects our network or compromises network security or capacity; excessively and disproportionately contributes to network congestion; adversely impacts network service levels or legitimate data flows; degrades network performance; causes harm to other customers; tethers a wireless device to a computing device if you have not subscribed to a rate plan with a tethering feature; uses any wireless device for Wireless Service with an ineligible rate plan; or is otherwise excessive or unreasonable.

    b. Voice Service. Our unlimited Voice Service is provided primarily for live dialogue between individuals. If your use of unlimited Voice Service for call forwarding, conference calling, or purposes other than live dialogue between individuals exceeds 1,000 minutes per month, Liberty may terminate your Voice Service or change you to a rate plan with no unlimited voice usage components. You expressly agree not to use the Voice Services for auto-dialing, continuous or extensive call forwarding, telemarketing, or for any other use that results in harm to Liberty’s network, fraud, or usage inconsistent with normal calling patterns (as applicable to your use as a residential or commercial customer).

    c. Messaging Service. Our Messaging Services are provided solely for communication between, and/or initiated by, individuals for personal use. You may not use Messaging Services for commercial purposes, including, but not limited to: (1) sending unsolicited, unauthorized, spam, or other unwanted messages (whether SMS, MMS, RCS, or other); (2) sending or receiving unusually high numbers of messages or messages not originated on your Wireless Device; or (3) reselling or transferring messaging capabilities. We may terminate or restrict your Messaging Service for tethered messaging, excessive use, or misuse.

    D. Data Service. Data Service may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers’ access to the network, or degrading network performance. For example, this includes, but is not limited to: server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; “auto-responders,” “cancel bots,” or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the Data Service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active internet connections when a connection would otherwise be idle or any “keep alive” functions. Data Service also may not be used with high bandwidth applications, services and content that are not optimized to work with Data Service and therefore, disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices; web broadcasting; and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices. If you use your unlimited data plan in any manner that is prohibited, we may migrate you from an unlimited data plan to a tiered data plan and charge you the appropriate monthly fees.

    Versión – January 2023

  • To view or download the PDF document, click here.

    Customer Proprietary Network Information (CPNI) is information that we know about you exclusively as a result of the telephone service that we provide to you, including what plans you subscribe to, how you use these services and details such as who you have called. (Your telephone number, name and address are not considered CPNI.) It is your right and our duty under federal law to protect the confidentiality of your CPNI.

    In accordance with our Subscriber Privacy Policy and the rules of the Federal Communications Commission, we may use, disclose, or permit access to your CPNI in our provision of the communications service from which such information is derived; to provide location information to emergency responders; to bill and collect for communications services; to market service offerings among the categories of service to which you already subscribe (for customers who subscribe to more than one category of service, Liberty may share their CPNI among its affiliated entities that also provide a service offering to the customer); to provide customer equipment or information services; to protect our rights or property, or to protect users or other carriers or service providers from fraudulent, abusive or unlawful use of, or subscription to, such services; to research any health effects of CMRS; to provide installation, maintenance, or repair services; as required by law; or as expressly authorized by you.

    In addition to the uses above, federal law also allows us to seek your permission for each of our affiliated communications companies to use CPNI to market types of services to which you do not already subscribe. For example, we might use information about the amount you use your home telephone service or the amount you pay for services to select you to receive a special offer for mobile services. Such use will better enable us to provide you with offers more tailored to your interests and needs. If this use of your CPNI is acceptable, then no further action on your part is required and your consent to this use will be inferred after thirty days. If you wish to restrict our use of your CPNI to market new types of services, you may opt out of granting such permission, which you may do at no charge by completing the opt-out request form at https://www.libertybusinesspr.com/legal/ or calling us at 1-800-331-0500. Opting out does not limit our right to use your CPNI for any of the uses specified in the preceding paragraph.

    Choosing to restrict our use of your CPNI will not affect your ability to use any of your services. You can change your mind at any time about letting us use or not use your CPNI. If you restrict your CPNI use, you may still get marketing from us, but it would not be based on using your CPNI. Any approval or denial of approval for the use of CPNI is valid until you affirmatively revoke or limit such approval or denial, but we will repeat this notice periodically to remind customers of their rights and options. Whether or not you agree to allow us to use your CPNI information for marketing additional products or services to you, please be assured that Liberty takes the privacy of your customer information seriously and appreciates the opportunity to provide high quality communications to you.

    Versión – October 2023

  • To view or download the PDF document, click here.

    These AutoPay Authorization Terms and Conditions (“AutoPay Terms”) govern your enrollment in and use of AutoPay to pay for Liberty services or products that you have purchased, whether on a prepaid or postpaid basis (“Liberty Services”). These AutoPay Terms are subject to the Liberty Commercial Services Agreement and other terms and conditions found at https://www.libertybusinesspr.com/legal/ or at https://www.libertyvi.com/en/legal (Liberty VI customers) or to the Business Master Service Agreement and any applicable Pricing Schedules executed between you and Liberty. In these AutoPay Terms, reference to “Liberty” means Liberty Communications of Puerto Rico LLC, Liberty Mobile Puerto Rico Inc., its affiliated companies, successors and assigns.

    Please be aware that it may take one to two billing periods for AutoPay to begin. You must continue to manually pay for your Liberty Services until you are notified that your AutoPay enrollment has been activated.

    Authorization. When you enroll in AutoPay, you authorize Liberty to automatically charge or debit your Payment Method for all amounts due each billing or renewal period, and to continue to do so until you have notified Liberty to revoke your AutoPay authorization or you are no longer obligated to pay for Liberty Services. The payment amount due each billing period may include charges for Liberty Services, fees for early termination, cancellation, or non-return of equipment, amounts due under device installment purchase plans, or other amounts due in accordance with the terms of your Liberty Service. The closure of your Liberty Account or the cancellation or termination of any Liberty Service, whether by you or Liberty, does not result in revocation of your AutoPay authorization for any amounts that remain due. If you are enrolling in AutoPay for one or more existing Liberty Accounts, this authorization will apply to each of those Liberty Accounts.

    Postpaid Customers. For Liberty Services purchased on a postpaid basis, Liberty will automatically charge or debit your Payment Method each billing period, for the amount and on the payment due date shown on your billing statement or other payment notices that you may receive, as further set forth in the terms governing our Liberty Service.

    Payment Method. “Payment Method” means the bank account, credit card, debit card or other payment method that you provide to Liberty when enrolling in AutoPay, or that you previously stored in your Liberty Account and have designated for AutoPay. If you provide a new Payment Method when enrolling in AutoPay, you authorize Liberty to store that Payment Method to pay for Liberty Services, including for payments under these AutoPay Terms. For each Payment Method you designate for AutoPay, you certify that you are authorized to use such Payment Method to pay for Liberty Services and have the authority to authorize Liberty to charge or debit that Payment Method pursuant to these AutoPay Terms. You agree to keep your designated Payment Method up to date, including any card or account number or expiration date. You acknowledge that Liberty may receive updated Payment Method information from the financial institution that issued or holds your Payment Method, and that Liberty may automatically update and use your updated Payment Method pursuant to these AutoPay Terms.

    Payment Failure. If your Payment Method is declined for any reason, including for insufficient funds, unavailable credit or a closed account, Liberty may make up to two additional attempts to charge or debit your Payment Method. Liberty is not liable to you for any fees or other charges (including any overdraft or overlimit fees) that you may incur from the financial institution that issued or holds your Payment Method. Liberty reserves the right to undertake further collection actions, including imposing costs and fees to the extent permitted by law.

    Revocation. You may revoke your AutoPay authorization at any time by logging into your online Liberty Account, calling the customer support number on your bill, visiting one of a Liberty Retail Store, connecting to https://www.myba.libertybusinesspr.com/, or calling 611 from your mobile device or 787- 699-0000. Your revocation will be effective only after Liberty has had a reasonable opportunity to process your request, which may occur after the next scheduled AutoPay payment date. Once your revocation has been processed, Liberty will no longer automatically charge or debit your Payment Method on your payment due date, and you will be responsible for manually paying for your Liberty Services as payments become due.

    Other Terms. Revoking your AutoPay authorization or any failure to charge or debit your Payment Method for the full amount due may cause an interruption of service and additional reactivation fees. Promotional discounts or incentives that require AutoPay will be removed if AutoPay is revoked or otherwise terminated. To the extent permitted by law, you release Liberty from any and all claims arising from your use of AutoPay.

    Changes to these AutoPay Terms. Liberty reserves the right to amend these AutoPay Terms at any time, and will notify you of such amendments as required by law. Your continued enrollment in and use of AutoPay shall constitute your acceptance of such amended terms.

    Version – December 2023

  • Early Termination Fees

    To view or download de PDF, click here.

    For Large Enterprise, Liberty Business clients
    To view smartphone and non-smartphone Cancellation Fees, click here.

    Monthly reduction occurs on the next date after the monthly anniversary of the contract. Final remaining amount will be cleared on the next date after the expiration date of the 24 months of the contract.

    Ver. December 2023

  • To view or download the PDF document, click here.

    These Account Portals Terms and Conditions (“Terms”) govern your use of the websites and any mobile properties (commonly known as “apps”) Liberty Communications of Puerto Rico LLC and its respective subsidiaries and affiliates(collectively, “Liberty”, or “we”, “us”, or “our”) offersto its customers to enable them to manage their Liberty Products and Accounts (as defined below). The websites and mobile properties include the mi.libertypr.com site, the MyLiberty mobile app and the Liberty WowFi mobile app, any other Account websites or apps used to manage your Liberty Products, and all other interactive features and communications we provide in connection with such websites or apps, however accessed or used, that we operate, make available now or in the future, produce, or maintain (collectively, the “Account Portals”). Using the Account Portals, downloading any apps or clicking on an “Accept” button when prompted constitutes your acceptance of these Terms and your agreement to be legally bound by these Terms. If you do not agree to all of the Terms, you are not authorized to use the Account Portals and you must immediately cease your use of the Account Portals and delete or uninstall any mobile properties.

    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 Account Portals, including the actions of anyone using your Account. You affirm that you have reached the legal age of majority, understand and accept these Terms.

    The Terms cover any software fixes, updates and upgrades unless accompanied by new, superseding or supplemental agreement or license terms. Together, these Terms, the Website Terms and Conditions and the Privacy Policy govern your use of the Account Portals. The Terms do not cover any cable, internet, telephone or other telecommunication products or services provided by Liberty to its residential, business or other customers (“Liberty Products”), including the Liberty Go streaming app, or any non-Liberty site linked to the Services. For more information on the terms and conditions governing the Liberty Products, please visit https://www.libertypr.com/en/legal.

    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 Account Portals, 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 Account Portals 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 Account Portals 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 Account Portals.

    1. Description of the Services.

    (a) General. The Account Portals allow Liberty customers to manage their residential, mobile and certain business accounts, WiFi network systems, and other Liberty Products by enabling customers to perform tasks such as making bill payments, checking invoice due dates, modifying Account settings, adjusting WiFi service settings, searching for new Liberty Products and offers, and purchasing additional Liberty Products.

    (b) Additional Terms. In certain places on the Account Portals, there may be additional terms and conditions or other policies that apply to the use of the Account Portals. By using the Account Portals, you agree to abide by all applicable terms and policies. If there is a conflict between these Terms and the terms and conditions applicable to that product or service, the product or service specific terms will control.

    (c) ) Liberty Offerings. You may be able to request or purchase certain Liberty Products through the Account Portals. All requests or purchases you make through the Account Portals are subject to the availability, terms and other conditions that apply at the time you make your request or purchase. All offerings, their content, availability and prices are subject to change at any time, with or without notice. Please fully read the conditions and notices that accompany the offerings that may be ordered through the Account Portals.

    (d) Account Status and Electronic Bill Payments. Through the Account Portals you will have the ability to review your use of the Liberty Products, amount owed, pay your bills and take other actions offered by us. If you chose to receive your bill through one of our Account Portals, you will be subject to our E-Bill Terms and Conditions, available at https://www.libertypr.com/en/legal.

    (e) Updates. From time to time updates to the Account Portals may be made available. Depending on the update, you may not be able to use the Account Portals until you have downloaded the latest version of the Account Portals and accepted any new terms and conditions.

    (f) Technical Information. By using the Account Portals, you consent to us collecting and using technical information about your use of the Account Portals to improve the Account Portals, our products and to provide any services to you.

    2. Use of the Account Portals.

    The use of the Account Portals is limited to personal use only, not for commercial purposes. You may be granted temporary access to the Account Portals and a limited, non-exclusive, revocable, non-transferable license to access and use the information contained on the Account Portals solely for your internal personal use. We may limit the number of times you may log on to the Account Portals within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Account Portals, or any part of it, at any time, without notice. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services and hardware needed for use of the Account Portals.

    3. 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. To understand how Liberty collects and uses data, please visit https://www.libertypr.com/en/legal.

    4. Account Registration and Security.

    (a) Registering Your Account. To create an account to use the Account Portals (an “Account”), you will be required to register with a username, account name or password (“Registration Data”). You represent and warrant that any information you provide during the registration process or in connection with the Account will be accurate and complete at all times and that you will not register or attempt to register under another person’s name.

    (b) Securing Your Account. We do not permit credential sharing, and you agree to keep the Registration Data confidential and secure. You will not permit any third party to log on to the Account Portals 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 Account Portals and your Account, we may terminate or suspend your use of the Account Portals, 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 are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Account Portals. 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.

    5. License; Content; Trademarks.

    (a) License Grant. 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 Account Portals. You understand and agree that the Account Portals are subject to certain licensing and copyright agreements, as well as other restrictions, as outlined in the Terms. You shall not use the Account Portals other than for their intended use and as governed by the Terms and applicable law, or assist anyone else to do so. The Account Portals are for individual, private, personal, non-commercial use; and are not for resale or distribution under any circumstances. We may, at our discretion, monitor your use of the Account Portals, 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 Account Portals.

    (b) Liberty Content. Except for information or data owned by you, the materials available through the Account Portals 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, nonexclusive, 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 Account Portals and the Liberty Content therein. You are free to display and print for your personal, non-commercial use the Liberty Content, but you may not reproduce or modify the Account Portals 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 Account Portals should be sent to:

    Liberty Communications of Puerto Rico, PO Box 199296, San Juan, PR 00919
    Att. Legal Department

    (c) Trademarks. All Liberty trademarks, service marks, trade names, logos or graphics appearing on the Account Portals 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).

    6. Restrictions.

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

    (b) Restrictions. Without limitation, you agree not to use the Account Portals, 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 Account Portals; (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 Account Portals 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 Account Portals; (ii) circumvent any user limits or other timing, use or functionality restrictions built into the Account Portals; (iii) use any robot, spider, scraper, or other automated means to access the Account Portals for any purpose without our prior written consent; (iv) engage in the systematic retrieval of data or other content from the Account Portals to compile any databases without our prior written consent; (v) remove any proprietary notices, labels, copyright or Marks from the Account Portals; (vi) capture, rip, download, frame or mirror any content forming part of the Account Portals; or (vii) access the Account Portals in order to (1) build a competitive product or Account Portals, or (2) copy any ideas, features, functions or graphics of the Account Portals.

    (c) Violation of the Restrictions. You also agree that your use of the Account Portals 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 Account Portals are used for any unlawful purpose. In accordance with Section 10 below, you agree to indemnify us in the event of any such violation by you or anyone using the Account Portals on your device.

    7. Disclosure of Messaging/ Communications.

    You are solely responsible for any information you submit or post through the Account Portals. By using the Account Portals, 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 Account Portals, including to law enforcement agencies as well as parties to civil lawsuits.

    8. Feedback.

    Liberty welcomes your comments about the Account Portals 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, 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 Account Portals for any purpose, without any obligation to compensate the author of such communications and without any liability to that person.

    9. Suspension and Termination.

    You or we may suspend or terminate your Account or your use of the Account Portals at any time, for any reason or for no reason, with or without prior notice. You are personally liable for any orders placed or charges incurred through your Account prior to termination. Liberty also reserves the right to terminate your use of the Account Portals 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 Account Portals 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.

    10. Indemnification.

    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 Account Portals. 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.

    11. Disclaimer of Warranties and Liability.

    YOU AGREE THAT YOUR USE OF THE ACCOUNT PORTALS 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 ACCOUNT PORTALS, PLEASE NOTE THAT YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR LOSS OF DATA RESULTING FROM ANY USE OF THE ACCOUNT PORTALS. THE ACCOUNT PORTALS ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. LIBERTY AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH OR WITH THE ACOUNT PORTALS, NOR DO THEY WARRANT THAT THE ACCOUNT PORTALS ARE ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR THAT THE ACCOUNT PORTALS 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 ACCOUNT PORTALS, 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 ACCOUNT PORTALS SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00).

    12. 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 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) Governing Law. Unless prohibited by applicable laws, regulations or rules, these Terms are made in and will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico. By using the Account Portals, you consent to the exclusive jurisdiction of the national telecom board in the country where you reside (for example, the Puerto Rico Telecom Board or the USVI Public Services Commission) in all disputes arising out of or in connection with these Terms, unless applicable laws, regulations or rules require a different jurisdiction. In the event that any part of these Terms is found to be unenforceable, that part will be construed in accordance with applicable law to the fullest extent possible to reflect the original intentions of the parties and the remaining provisions will remain in effect.

    (c) Third-Party Beneficiaries. You acknowledge and agree that each parent, subsidiary or affiliate of Liberty shall be a third-party beneficiary to these Terms and that these other companies shall be entitled to directly enforce and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of them). No other person or entity shall be deemed a third-party beneficiary.

    (d) 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 legal@libertypr.com.

    We hope you enjoy the Account Portals and welcome any suggestions to improve them.

  • To view or download the PDF document, click here.

    BUSINESS U-PICK: Available only for commercial and government customers with prior classification in Puerto Rico or the US Virgin Islands, with a mobile service contract including, among others, additional terms related to the service and equipment found at https://www.libertypr.com/es/legal (Commercial Agreement). Only for Corporate Responsibility Service (CRU) lines. Credit approval required. Advertised monthly price applies only when activating lines without a contract. By purchasing the equipment at regular price, on an installment plan, or by bringing an eligible device. Includes recurring plan charge for calls, text messages, and data. For use in PR, USVI (Domestic Coverage Area), US, Mexico, and Canada. Does not include installment plan price with 0% APR. Other options available for annual service contracts. Purchase limits and lines may apply. All services are subject to Liberty PR’s terms and conditions, and its network management policies. PRICE: The advertised monthly price includes the recurring plan charge for calls, text messages, and/or data, depending on the plan. Charges may apply for usage on calls to special or premium service numbers and international calls. OTHER RESTRICTIONS AND CHARGES: An activation/update fee per line and a deposit may apply. If you purchased a device on a 0% APR installment plan and cancel the service after the first 30 days but before the term ends, the corresponding total balance will be billed. Liberty Communications of Puerto Rico LLC reserves the right to suspend or cancel service on your account, place any device that does not meet the requirements on an appropriate plan, and/or add any other required plan element. ADDITIONAL MONTHLY CHARGES AND TAXES: A regulatory cost recovery fee of up to $1.50, a $1.99 administrative charge, and others to help defray costs incurred in complying with state and federal telecommunications regulations, a variable State property tax contribution fee of up to $1.00, and Federal and State Universal Service charges. These charges are not taxes or required by the government. Prices and terms are subject to change and may be modified or terminated at any time without notice. 5G SERVICE: Requires a compatible 5G device. 5G service is not available everywhere. Requires compatible device and 5G plan. Visit https://www.libertypr.com/es/5g for more details. INTERNATIONAL ROAMING: Monthly plan prices do not apply to roaming usage. If you are roaming outside the Domestic Coverage Area (DCA), US, Mexico, or Canada, international usage will be charged according to pay-per-use rates unless an international package is added. Not all devices may be eligible for international roaming service. MISCELLANEOUS: Limits: Only for selected devices (sold separately). Max. 10 devices per line group on business plans. Business Agreement discounts: these plans are not eligible for some additional discounts, including, among others, service discounts described in the Business Agreement. AUTOPAY AND E-BILL DISCOUNT: Monthly $10 per phone line discount may apply when the account is active and enrolled in both. Discount starts in 2 billing cycles. Customer must pay full plan cost until the discount begins. UNLIMITED DATA: For use in PR and USVI (Domestic Coverage Area), US, Mexico, and Canada. VIDEO STREAMING: Streaming capability, video resolution, and other data usage (including speed) are not guaranteed, may vary, and may be affected by other factors.

    • BUSINESS U-PICK ULTIMATE PLAN: Only for phones. PRICE: Advertised monthly price applies only when activating lines without a contract. By purchasing the equipment at regular price, on an installment plan, or by bringing an eligible device. Includes recurring plan charge for calls, text messages, and data. For use in PR, USVI (Domestic Coverage Area), US, Mexico, and Canada. Does not include installment plan price with 0% APR. Other options available for annual service contracts. AUTOPAY AND E-BILL DISCOUNT: Advertised price includes monthly $10 per phone line discount when the account is active and enrolled in both. Discount starts in 2 billing cycles. Customer must pay full plan cost until the discount begins. UNLIMITED DATA: For use in PR, USVI (Domestic Coverage Area), US, Mexico, and Canada. MOBILE HOTSPOT: Requires a compatible device. Includes mobile hotspot service of 100 GB per line per month. After 100 GB, the speed of the hotspot service is reduced to 2G speeds for the remainder of the billing cycle. After this, tethering data will be affected and not fully functional. 5G SERVICE: Requires a compatible 5G device and plan. 5G service is not available everywhere. Visit https://www.libertypr.com/es/5g for more details. VIDEO STREAMING: Maximum video speed of 1.5 Mbps. For content we can identify as video, the wireless streaming speed will be reduced to a ‘standard’ definition regardless of the network the device is on Feb. 2024 (e.g., 4G LTE). Streaming capability, video resolution, and other data usage (including speed) are not guaranteed, may vary, and may be affected by other factors.

      ROAM LATIN AMERICA: Only for compatible smartphones on Business U-Pick Ultimate. Countries: Costa Rica, Guatemala, Honduras, Nicaragua, Argentina, Bolivia, Brazil, Colombia, Ecuador, Paraguay, Peru, Uruguay, Anguilla, Curacao, Antigua and Barbuda, Bahamas, Barbados, Chile, Cayman Islands, Dominica, Grenada, Jamaica, Saint Kitts and Nevis, Saint Lucia, Montserrat, Panama, Turks and Caicos Islands, Saint Vincent and the Grenadines, British Virgin Islands. Countries are subject to change without notice. Coverage and data speeds vary by country (may be at 3G speed) and are subject to change without notice. Coverage not available in all areas. Unlimited calling, texting, and data usage: this feature allows you to use data in an included country, make calls and texts between included countries, and from included countries to PR, US, and any included country. Calls made to included countries for Roaming, while outside any of those destinations, are not included. Received text messages are classified as domestic. Unlimited text applies only to SMS and MMS and not to other messaging services or applications like iMessage. Excessive use/abuse: this feature is intended for roaming use during travel periods to included countries by customers whose primary place of use is within the US. Predominant use of your Liberty Business U-Pick Ultimate plan, in one or more of the included countries, may result in this feature being removed from your account. Calls to countries not included: calls from included countries in Latin America to non-included countries will incur international long-distance charges. Pay-per-use rates apply unless you add an international longdistance package to your device. Rates are subject to change without notice.
    • BUSINESS U-PICK PLUS PLAN: Only for phones. PRICE: Advertised monthly price applies only when activating lines without a contract. By purchasing the equipment at regular price, on an installment plan, or by bringing an eligible device. Includes recurring plan charge for calls, text messages, and data. For use in PR, USVI (Domestic Coverage Area), US, Mexico, and Canada. Does not include installment plan price with 0% APR. Other options available for annual service contracts. AUTOPAY AND E-BILL DISCOUNT: Advertised price includes monthly $10 per phone line discount when the account is active and enrolled in both. Discount starts in 2 billing cycles. Customer must pay full plan cost until the discount begins. UNLIMITED DATA: For use in PR, USVI (Domestic Coverage Area), US, Mexico, and Canada. DATA RESTRICTIONS: After 50 GB of data usage in a billing cycle, we may reduce the data speeds on that line for the remainder of the billing cycle when the network is busy. MOBILE HOTSPOT: Requires a compatible device. Includes mobile hotspot service of 40 GB per line per month. After 40 GB, the speed of the hotspot service is reduced to 2G speeds for the remainder of the billing cycle. After this, tethering data will be affected and not fully functional. 5G SERVICE: Requires a compatible 5G device and plan. 5G service is not available everywhere. Visit https://www.libertypr.com/es/5g for more details. VIDEO STREAMING: Maximum video speed of 1.5 Mbps. For content we can identify as video, the wireless streaming speed will be reduced to a ‘standard’ definition regardless of the network the device is on (e.g., 4G LTE). Streaming capability, video resolution, and other data usage (including speed) are not guaranteed, may vary, and may be affected by other factors.
    • BUSINESS U-PICK SMART PLAN: Only for phones. PRICE: Advertised monthly price applies only when activating lines without a contract. By purchasing the equipment at regular price, on an installment plan, or by bringing an eligible device. Includes recurring plan charge for calls, text messages, and data. For use in PR, USVI (Domestic Coverage Area), US, Mexico, and Canada. Does not include installment plan price with 0% APR. Other options available for annual service contracts. AUTOPAY AND E-BILL DISCOUNT: Advertised price includes monthly $10 per phone line discount when the account is active and enrolled in both. Discount starts in 2 billing cycles. Customer must pay full plan cost until the discount begins. UNLIMITED DATA: For use in PR, USVI (Domestic Coverage Area), US, Mexico, and Canada. DATA RESTRICTIONS: Liberty may reduce the data speeds during times of network congestion. MOBILE Feb. 2024 HOTSPOT: Requires a compatible device. Includes mobile hotspot service of 10 GB per line per month. After 10 GB, the speed of the hotspot service is reduced to 2G speeds for the remainder of the billing cycle. After this, tethering data will be affected and not fully functional. 5G SERVICE: Requires a compatible 5G device and plan. 5G service is not available everywhere. Visit https://www.libertypr.com/es/5g for more details. VIDEO STREAMING: Maximum video speed of 1.5 Mbps. For content we can identify as video, the wireless streaming speed will be reduced to a ‘standard’ definition regardless of the network the device is on (e.g., 4G LTE). Streaming capability, video resolution, and other data usage (including speed) are not guaranteed, may vary, and may be affected by other factors.