legal

Intermedia Online Terms

UNIFIED COMMUNICATIONS/CONTACT CENTER: ADDITIONAL TERMS AND CONDITIONS

In the event the Client is using the product called Unified Communications and/or Contact Center, in addition to the requirements set forth in the Master Service Agreement (“MSA”), Client’s use of such product is subject to the terms and conditions of Intermedia. These terms may be updated from time to time. Continued use of products or services shall constitute consent to and acceptance of current terms and conditions.

1. Intermedia Terms and Conditions: Client is subject to the applicable terms and conditions available at https://www.serverdata.net/legal/ including but not limited to the Privacy Policy and Acceptable Use Policy.
2. Limitations of Liability: Limitations of liability set forth in the MSA and granted on behalf of REV that related to the use of the Unified Communications and/or Contact Center product extend to Intermedia.
3. Amendment: Subject to any legal requirement to the contrary, REV may unilaterally amend the terms of the MSA without consent to align terms with the requirements of Intermedia.
4. Limited, Terminable License: Client understands and agrees that the Client’s use and access of services is subject to a limited, terminable license.
5. Confidentiality: Client agrees to confidentiality with regard to the Unified Communications and/or Contact Center product.
6. No Right, Title, or Interest: Client agrees that Client has no right, title, and/or interest in the services or products, including no intellectual property rights.
7. Hardware: Where hardware is not provided by REV, it is the sole responsibility of Client to provide necessary hardware to access and use Unified Communications and/or Contact Center product and any other Intermedia product.
8. Consent for Upgrades: Client consents and acknowledges REV and Intermedia’s rights to install upgrades, patches, and/or updates at any time.
9. SMS/Text Messaging Limitations:Clients understand and agree that Client is responsible for abiding by federal, state, and local laws and regulations regarding any use of the business text messaging feature provided through the Unified Communications product. Peer-to-peer text messaging services are subject to interruption of service without prior notice and without refund or compensation if there is any indication of bulk outbound messaging or other violations of laws and regulations that govern text messaging, or if a significant proportion of the messages are outgoing rather than incoming. For Clients who are using the Bulk Outbound Messaging service, Clients are compliance with terms and conditions set forth by Intermedia, included in their on-line terms as previously noted, and copied below in part to highlight the conditions that Clients agree to herein regarding SMS/Text Messaging. Clients specifically assume sole responsibility for abiding by federal, state, and local laws and regulations regarding the use of SMS/text messaging services. Intermedia SMS/Text Messaging Policies:

   SMS/Text Functionality.

   Company’s business texting feature allows users to send and receive SMS (text) messages through the Desktop and Mobile application to and from U.S., Puerto Rican and Canadian numbers. Company Users that have enabled SMS in their license may send and receive SMS messages using their primary business phone number. Additionally, if enabled for Your account and Your Users, Company

   Messaging may be used to send and receive SMS messages using the main company number (including Auto Attendants and Hunt Group numbers).

   Registration Requirements for Bulk Outbound Messaging.

   Bulk outbound messaging through Company’s Unified Communications Service must be registered with The Campaign Registry. Company’s SMS service has been designed and provisioned for person-to-person messaging (that is, sending/receiving one message at a time, with two-way (back and forth) communication between two human users). If You plan on using SMS for broad-based outbound campaigns (such as bulk sales/marketing communications, collections efforts…You are required to either: A. Contact Company’s Support team to register as a campaign service provider with The Campaign Registry and send Your bulk outbound messages as part of registered campaigns [NOTE: Do not register yourself with The Campaign Registry – You must register with the support of Company to ensure proper provisioning]; or B. Use Company’s Contact Center solution to send bulk outbound SMS messages, as that service has been specifically designed to support bulk outbound messaging.

   Consequences for Failing to Register Bulk Outbound Messaging.

   Sending bulk outbound SMS messages through Company’s Unified Communications Service, without properly registering with The Campaign Registry, constitutes a material breach of Company’s Acceptable Use Policy, Fair Use Policy, and Master Service Agreement. Such usage will lead to immediate suspension of Your organization’s messaging service until You register with The Campaign Registry. In addition, (a) all of Your SMS messages may be blocked by mobile operators (your traffic may be categorized as SPAM); (b) You may be required to pay financial or other penalties and/or increased per message rates due to such misuse of the service; and/or (c) Company may immediately terminate all of Your services. Company has a “Zero Tolerance” policy on this issue, as use of Company’s Unified Communications Service to send bulk outbound SMS messages by just one user can potentially have an adverse impact on Company and/or its other customers.

   Additional Fees Related to Bulk Outbound Messaging.

   Company incurs costs in connection with Your registration with The Campaign Registry and Your sending of campaigns through that service, as well as higher usage fees when You send bulk SMS messages. Company reserves the right to begin charging You at any time, upon notice, for any such registration, sending of campaigns, or usage fees related to bulk outbound messaging.

   Consent of SMS Recipients.

   By using the Services to send outbound SMS messages, You agree and acknowledge that (A) You are solely responsible for obtaining, and that You have obtained, all necessary consents from the recipients of such messages to enable You to send such messages to them, as required under applicable law; and (B) You indemnify the Company Parties against any liability or responsibility for damages (consequential or otherwise) that arise from the failure by You or any third party using Your account to obtain all required consents from recipients before sending them SMS messages. vi. “Do Not Call” List. Company is required to comply with applicable “Do Not Call” lists. If You attempt to send an SMS message to a recipient on the “Do Not Call” list, such SMS message will not be delivered to the intended recipient. Furthermore, in such situation, You may not receive an error message or other notification from Company that describes why Your message has not been delivered to the desired recipient. By using the Services to send outbound SMS messages, You agree and acknowledge that (A) You are solely responsible for confirming that the intended recipients of Your SMS messages are not on any applicable “Do Not Call” lists; (B) any SMS messages that You attempt to send to a recipient on a “Do Not Call” list, if such recipient is properly identified by Company or its carrier, will not be delivered to the intended recipient; and (C) You indemnify the Company Parties against any liability or responsibility for damages (consequential or otherwise) that arise from (1) the failure by You or any third party using Your account to comply with any applicable “Do Not Call” list and/or (2) the fact that messages sent to intended recipients on a “Do Not Call” list (which may include important, time sensitive and/or confidential information) will not be delivered to such intended recipients.