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Terms and Conditions
--------------------------------------------------------------------------------
FIRSTNET.COM TERMS OF USE
THE FIRSTNET.COM WEBSITE IS POWERED BY AT&T
October 2018
INTRODUCTION
The following terms and conditions apply to your use of and access to the
Firstnet.com Portal (the “Portal”), maintained and operated by AT&T. The
purpose of the Portal is to provide details to the public safety community about
the FirstNet products and services (“Purpose”). The terms “we” or “us” or “our”
refer to AT&T and the terms “you” and “your” refer to you, an individual who is
accessing or using the Portal.
By using or accessing the Portal, you represent that you are an adult of at
least 18 years of age and fully competent to enter into the terms, conditions,
representations and warranties set forth in this Terms of Use (referred to
collectively as the “Terms”). If you do not wish to be bound by the Terms, you
should not access, subscribe to, or otherwise use the Portal. AT&T may modify
the Terms at any time without notice to you.
Modifications will be deemed effective immediately upon posting of the modified
terms at this URL or other URL designated by AT&T. You will be deemed to have
agreed to any such modification or amendment by your decision to continue using
the Portal following the date on which the modified or amended Terms are made
available through the Portal or the referenced website. In addition, AT&T
reserves the right to change, modify or discontinue, temporarily or
permanently, the Portal (or any portion thereof), including any and all content
contained on the Portal, at any time without notice. You agree that AT&T shall
not be liable to you or to any third party for any modification, suspension or
discontinuance of the Portal (or any portion thereof).
1. Registration and Information Provided. On the Portal, you agree to provide
information that is accurate, complete, and not misleading, and update all
such information to maintain its accuracy and completeness. If you provide
any information that is, or we have reasonable grounds to suspect that the
information is, untrue, inaccurate, not current or incomplete, AT&T may
without notice suspend or terminate your access to the Portal and refuse
any and all current or future use of the Portal (or any portion thereof).
2. Portal Access through Internet. The Portal utilizes, in whole or in part,
the public Internet to transmit information, including any information
related to you. You acknowledge and understand that AT&T cannot guarantee
that the Portal is completely secure or without threats, and AT&T makes no
warranty, guarantee, or representation that use of the Portal is protected
from viruses, security threats or other vulnerabilities. AT&T may, but is
not obligated to, monitor the Portal for various purposes, including to
assess compliance with the Terms. AT&T may access and use information
regarding the Portal to perform maintenance or support.
3. Portal Use Information. We may take and keep notes of contacts we have
with you. We may record information about your usage of the Portal. We
may maintain logs of the date, time, and length of time that you accessed
the Portal, including your IP address at the time. We may receive
information about your operating system and its browser, pages you go to
within the Portal, average time spent on the Portal, and other relevant
statistics. We may use information that we obtain from you to respond to
your questions and concerns, plan for future development of our network, to
market our services, and communicate with you about our services. We will
share your information, as needed, within the federal government and with
our contractor(s).
4. Copyright and Authorization. You acknowledge and agree that the Portal,
any copies thereof, and all content, names, images, text, programs,
graphics, and other materials found or displayed on the Portal, including
any software accessed or downloaded to enable such items (collectively,
"Materials"); and all copyrights, patents, trademarks, trade secrets, and
other intellectual property rights associated therewith are, and shall
remain, the property of AT&T or the First Responder Network Authority. The
Materials are protected by a variety of laws governing the use of
copyrights, trademarks, patents, or trade secrets. Subject to the rules
and limitations set forth in these Terms, you are granted a limited,
non-sub licensable right to access the Portal and the Materials in relation
to the use of the FirstNet service only, except as otherwise permitted.
5. Copyright Complaints. AT&T respects the intellectual property rights of
others. Pursuant to the Digital Millennium Copyright Act of 1998 (the
"DMCA"), under 17 U.S.C. §§ 512(b)–(d), a copyright holder may send AT&T a
valid notification of claimed copyright infringement under the DMCA if they
believe that their work has been copied and has been posted, stored, or
transmitted to the Portal in a way that constitutes copyright
infringement. For further information regarding such notifications, see
https://www.att.com/legal/terms.dmca.html. AT&T's designated agent to
receive notifications of claimed infringement as described in DMCA
subsection 512(c)(3) is:
Manager of Security & Copyright Infringement
1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
E-mail: copyright@att.com
6. Due to the substantial volume of notifications of claimed infringement that
AT&T receives and processes, we are unable to accept notices of alleged
copyright infringement via this designated agent or email address other
than notifications of claimed infringement sent pursuant to Sections
512(b)–(d). For further information about AT&T's copyright protection
practices under the DMCA please refer to
https://www.att.com/legal/terms.dmca.html.
7. Disclaimer of Warranties. AT&T makes no warranty, guarantee, or
representation that your use of the Portal will be protected from viruses,
security threats, or other threats or vulnerabilities. In all such
instances, AT&T will make reasonable efforts to address the error as soon
as practicable. The Portal and all related information, content, and
supporting systems are made available to you "as is", "with all faults",
and "as available," and AT&T does not warrant, in any way, the
availability, accuracy, completeness, correctness, suitability,
reliability, title, usefulness, noninfringement, merchantability, or
fitness for a particular purpose of such items. You access the Portal at
your own risk. You understand and agree that you are solely responsible
for any damages to your computer system or loss or theft of data or
information that results from your use of the Portal or downloading of any
material accessed from or otherwise provided through the Portal. AT&T does
not guarantee that the Portal will be error-free, continuously available,
or free of harmful components, including, without limitation, viruses,
worms, trojan horses, or other programs that are capable of disabling,
damaging, interfering, altering, intercepting, or otherwise impacting or
affecting the Portal or any AT&T systems, network, or services, or your
computer, mobile device, supporting equipment, or any other hardware,
software, network, or other systems.
8. Limitations of Liability. IN NO EVENT SHALL AT&T, ITS EMPLOYEES, OFFICERS,
REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE
LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF
DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i)
THE USE OR INABILITY TO USE THE PORTAL OR THE CONTENT, MATERIALS, SOFTWARE,
INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE PORTAL, OR (ii) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
PORTAL OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR
SERVICES ON OR AVAILABLE THROUGH THE PORTAL, (iii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR PORTAL; (iv) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON OUR PORTAL; (vi) THE DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT
LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE,
GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF
LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES
OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER
RELATING TO OUR SITE, EVEN IF AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING
THE PORTAL AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT
APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF
AT&T UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE
BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
9. Indemnification. To the extent permitted under applicable law, you agree
to indemnify, defend and hold harmless AT&T and its underlying content and
service providers, licensors and suppliers, and each of their respective
subsidiaries, affiliates, officers, agents, and employees, from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, made by any third-party due to or arising out of your use of our
Portal, your connection to our Portal, your violation of these Terms, or
your violation of any law or the rights of another. These obligations will
survive any termination of your relationship with AT&T or your use of our
Portal. AT&T reserves the right to assume the defense and control of any
matter subject to indemnification by you, in which event you will cooperate
with AT&T in asserting any available defenses.
10. Third-party Products and Services. The Portal may contain links to other
websites not operated by AT&T. The links are provided for your convenience.
The inclusion of any links to other websites does not imply affiliation,
endorsement or adoption by AT&T of those websites or the content therein.
We are not responsible for the contents, links, or privacy of any linked
website. Access to any other website linked to the Portal is at your own
risk. When leaving the Portal, you should carefully review the applicable
terms and policies, including privacy and data gathering practices, of that
third-party website.
11. Product and Service Information. AT&T does not warrant that information,
graphic depictions, product and service descriptions or other content of
the Portal is accurate, complete, reliable, updated, current or error-free.
Despite our efforts, it is possible that a FirstNet service or product
description offered on the Portal may be inaccurate or the product or
service description may contain an inaccuracy. In the event AT&T determines
that a FirstNet product or service contains an inaccurate description, AT&T
reserves the right to take any action it deems reasonable and necessary, in
its sole discretion, to rectify the error. AT&T may make improvements or
changes to any of its content, information products, services, or programs
described on the Portal at any time without notice. You agree to notify
AT&T immediately if you become aware of descriptive errors or
inconsistencies with any FirstNet products or services and to comply with
any corrective action taken by AT&T.
12. Portal Security. Violating the security of the Portal is prohibited and may
result in civil and criminal lability. AT&T may investigate incidents
involving such violations and may involve and will cooperate with law
enforcement if a criminal violation is suspected. Examples of security
violations include, without limitation, unauthorized access to or use of
data or systems including any attempt to probe, scan, or test the
vulnerability of the Portal or to breach security or authentication
measures, unauthorized monitoring of data or traffic, interference with
service to any user, host, or network including, without limitation, mail
bombing, news bombing, other flooding techniques, deliberate attempts to
overload a system, forging any TCP-IP packet header, e-mail header, or any
part of a message header, except for the authorized use of aliases or
anonymous remailers, and using manual or electronic means to avoid any use
limitations.
13. Responsibility. You are responsible for your use of the Portal: (a) in
violation of: (i) these Terms, (ii) applicable law, and (iii) the rights of
a third party, and (b) with respect to any information or content that you
submit, use, post, transmit, or make available to AT&T through the Portal.
Additionally, you agree to use the Portal and the Content (whether provided
by us or others) in a manner consistent with all applicable laws and
regulation.
14. Privacy Policy. Please view our Privacy Policy, which explains AT&T’s
practices relating to the collection and use of your information through or
in connection with the use of the Portal. AT&T’s use of your information is
governed at all times by our Privacy Policy, which is incorporated into
these Terms. You understand that through your use of the Portal you consent
to the collection and use of this information (as set forth in the Privacy
Policy).
15. Termination/Suspension. You agree that AT&T may immediately terminate or
suspend any associated email address, and your access to all or any part of
the Portal. Cause for such termination, suspension or change shall include,
but not be limited to, (a) breaches or violations of these Terms or other
incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Portal (or
any part thereof,) (e) unexpected technical or security issues or problems,
(f) extended periods of inactivity, and/or (g) engagement by you in
fraudulent or illegal activities. Termination of your access includes (or,
if AT&T elects instead to suspend your account, may include any one or more
of the following) (a) removal of access to all offerings within the Portal,
if applicable, (b) deletion of all related information, files and other
content associated with your use of the Portal (or any part thereof) and
(c) barring of further use of the Portal. You agree that all terminations
and suspensions for cause shall be made in AT&T's sole discretion and that
AT&T shall not be liable to you or any third party for any termination or
suspension of your access, loss of storage, any associated email address,
or access to the Portal. Further, AT&T reserves the right, to immediately
terminate or suspend any associated email address, and access to the Portal
at any time for any reason and without notice to you in its sole
discretion.
16. General Practice Regarding Use and Storage. You acknowledge that AT&T may
establish general practices and limits concerning use of the Portal,
including without limitation the maximum number of days that email
messages, message board postings or other uploaded Content will be retained
by the Portal, if applicable, the maximum number of email messages that may
be sent from or received by an account on the Portal, the maximum size of
any email message that may be sent from or received by an account on the
Portal, the maximum disk space that will be allotted on AT&T's servers on
your behalf, and the maximum number of times (and the maximum duration for
which) you may access the Portal in a given period of time. Your use of
this Site constitutes your consent to allow AT&T to store electronic
communications on its servers. You agree that AT&T has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other content maintained or transmitted by the Portal.
You acknowledge that AT&T reserves the right to terminate accounts that are
inactive for an extended period of time. You further acknowledge that AT&T
reserves the right to modify these general practices and limits from time
to time.
17. General
a. Electronic Notice. You agree that AT&T may contact you and send notices
to you by email at the email address you provide to us when you use the
Portal or any subsequent email address you provide us. You will provide us
with any changes to your email address by updating that address in the
manner prescribed to you by AT&T.
b. Jurisdictional Issues, Export Control. This Portal is intended for use
within the United States of America. AT&T does not represent that this
Portal is appropriate or available for use in other locations. You
represent and warrant that you are not (a) located in any country that is
subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a "terrorist supporting" country, or (b) listed on any
U.S. Government list of prohibited or restricted parties including the
Treasury Department's list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Persons List or Entity List.
c. Miscellaneous. AT&T's failure to exercise or enforce any right or
provision of these Terms shall not constitute a waiver of such right or
provision. If any provision of these Terms shall be deemed unlawful, void,
or for any reason unenforceable, then that provision shall be deemed
severable from the Terms and shall not affect the validity and
enforceability of any remaining provisions. These Terms shall be governed
and construed in accordance with the laws of the State of Texas applicable
to agreements made and to be performed in Texas. You agree that any legal
action or proceeding between AT&T and you for any purpose concerning these
Terms or the parties' obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in Texas.
Neither the course of conduct and/or course of dealing between the parties
nor trade practice shall act to modify any provision of these Terms. AT&T
may assign its rights and duties under these Terms to any party at any time
without notice to you. Your rights and duties under these Terms are not
assignable by you without written consent of AT&T. These Terms do not
provide any third party with a remedy, claim, or right of reimbursement.
You must file any claim or suit related to our Portal within one year after
it arises.
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