AT&T U-VERSE^® TV and AT&T PHONE Terms of Service for Business

You must accept these TOS as a condition of receiving the Services. For purposes of these TOS, "you" and "your" refer to the person purchasing the Services. "We," "our," "us," refer to AT&T.

AT&T will comply with all applicable federal, state and local laws, to the extent that such laws apply to AT&T and its obligations under the TOS. If there is any conflict between the TOS and such applicable law, such applicable law controls. These conflicts could include, but are not limited to, fees and charges for service, billing and payments, notices, and your rights and remedies.

By enrolling in, activating, using, or paying for the Services, you agree to the terms and conditions in these TOS, including but not limited to the prices, charges, and terms and conditions provided to you in marketing and informational material associated with the Services and on the AT&T website, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, do not use the Services, and cancel the Services immediately by calling AT&T at 1-800-321-2000.

Use of the Services is subject to the AT&T Acceptable Use Policy (available at https://www.att.com/aup), which is incorporated herein by reference. Once you have purchased the Services you will have an account with AT&T ("AT&T Account"). Your AT&T Account will include information applicable to the Services including but not limited to billing information and charges related to the Services (whether recurring or one-time). If you have, or later obtain, an AT&T Access ID, you are subject to the AT&T Access ID Terms and Conditions (available at https://www.att.com/accessidterms), which are incorporated herein by reference. The AT&T Privacy Notice, which is incorporated herein by reference and is available online at https://www.att.com/privacy, addresses AT&T's use of account information and other information specific to your use of AT&T Services.

You will be responsible for payment of service charges for visits by AT&T or its subcontractors to your premises when a service request results from causes not attributable to AT&T or its subcontractors, including, but not limited to, when you are unwilling to complete troubleshooting steps requested by AT&T. You will provide AT&T and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other adult present at your location to grant access to your premises for these purposes. You understand and agree that AT&T may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces) in order to install, maintain, or repair the Service. If you do not own your premises or your unit is part of a multi-tenant environment (e.g., multi-tenant office building, apartment building, and/or condominium), you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to allow AT&T and its subcontractors reasonable access to install, maintain, and repair the Service and to make any alterations AT&T deems appropriate for the work to be performed.

You acknowledge that AT&T may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring"). You warrant that you own or control the Inside Wiring, and give AT&T permission to use, alter, and remove equipment from, such wiring. Without limiting any other provisions of this TOS, you agree to indemnify AT&T from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.

Equipment provided by AT&T may be new or fully inspected and tested. Any equipment or software that was not provided to you by AT&T, including batteries, is not the responsibility of AT&T, and AT&T will not provide support, or be responsible for ongoing maintenance of such equipment. Depending on your service address, your Services will include one of the following Equipment configurations:

1. AT&T will make available to you certain equipment, a Wi-Fi^® Gateway ("WG", or, "FBG") and when required, an Integrated Access Device (IAD) at your premises, and certain service specific equipment set forth in Schedule 1 and/or Schedule 2 that is required for the Services to function (the "WG", "FBG", "ONT","IAD" or "iNID" and service-specific equipment herein collectively referred to as "Equipment"). If you have not previously purchased the Equipment from AT&T, you agree to pay a monthly equipment fee for the Equipment as part of your purchase of the Services for the duration of your receipt of the Services. Equipment fees may be included in your monthly charge for the Services or be charged separately (different taxes and surcharges may apply to the Equipment fees, Service fees, and/or the Equipment fee portion of the Service fees). Equipment fee/purchase options depend on the AT&T Services you order and installation options you choose. The Equipment requires electrical power from your premises to operate, which you are responsible for providing.
2. You may also have an Optical Network Terminal ("ONT"), which is a box typically located inside or outside of your premises, or in a central location in a multi-tenant building, where AT&T's fiber network terminates. The ONT also requires electrical power from your premises to operate, which you are responsible for providing. AT&T will install your ONT device. The ONT power supply box converts the AC power in your premises to the DC power required by the ONT.
3. Alternatively, your service may be provided by an Intelligent Network Interface Device ("iNID") and certain service specific equipment set forth in Schedule 1 and/or Schedule 2 that is required for the Services to function. If you have not previously purchased the Equipment from AT&T, you agree to pay a monthly equipment fee for the Equipment as part of your purchase of the Services for the duration of your receipt of the Services. Equipment fees may be included in your monthly charge for the Services or be charged separately. Equipment fee /purchase options depend on the AT&T Services you order and the installation options you choose. The iNID includes three components: (1) a unit typically located on the outside of your premises where the AT&T network terminates (the outside unit); (2) a networking hub, which provides wireless networking capability and is located inside your premises, (the inside unit); and, (3) a power supply unit, typically located in a sheltered area either inside your premises or in an attached structure. You are responsible for providing the electrical power for the iNID.

AT&T reserves the right to manage and monitor the AT&T Equipment, either remotely or arranged on site, during the time you are an AT&T customer and retains exclusive rights to data generated by the Equipment. Neither you nor a third party may change, interfere with, or block access to the Equipment data or settings. AT&T will repair or replace damaged Equipment as AT&T deems necessary. You understand that repair or replacement of the Equipment may delete stored content, reset personal settings, or otherwise alter the Equipment. If the Equipment was damaged due to your intentional acts, negligence, or use inconsistent with the TOS as determined by AT&T, you will be responsible for the price of repair or replacement. Any tampering with the Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the Equipment only for its intended use, and not for any other purpose (such as on another AT&T network, or on another provider's (non-AT&T) network). You agree to use appropriate and reasonable care in using any and all Equipment.

AT&T will not provide support for, or be responsible for, ongoing maintenance or management of, customer-owned equipment, including the battery backup equipment used by AT&T customers.

In addition to termination of service, these return of equipment provisions apply if your existing AT&T owned Equipment is replaced or upgraded for any reason.

You agree to indemnify and hold AT&T and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation, or legal proceeding, including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for reasonable attorneys' fees made by any party against AT&T, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this TOS, or your violation of any rights of another.

Service may be temporarily interrupted or otherwise limited for a variety of reasons; some beyond the control of AT&T. AT&T reserves the right to refuse credit allowances for interruptions of Service. AT&T also reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof) without liability. You acknowledge that AT&T may establish general practices and limits concerning use of the Services, including without limitation, the limits set forth in the attached Schedule 1 and Schedule 2.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

This agreement to arbitrate is broad, and includes disputes of any type between AT&T (including its subsidiaries, affiliates, agents, predecessors, successors, and assigns) and You (including authorized or unauthorized users/beneficiaries of services or devices) under this or prior agreements. WE AGREE THAT WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF TO, AND AFFECTING ONLY, AT&T OR YOU ALONE. WE AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC. Except for matters relating to arbitrability or to the scope and enforceability of the arbitration provision or the interpretation of the limitations on class, representative, private attorney general, and non-individualized relief, all issues are for the arbitrator to decide.

A party seeking arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). Notice to AT&T must be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the basis of the claim or dispute; (b) describe the specific relief sought ("Demand"); and (c) provide your AT&T account number. If We do not resolve the claim within 30 days after receipt of the Notice, either of us may commence an arbitration. The amount of any settlement offer made by AT&T or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount of any award on the merits.

Unless We agree otherwise, any arbitration hearings will take place in the county of your billing address. AT&T will pay all AAA filing, administration, and arbitrator fees for a claim brought by AT&T or for a claim or Demand valued at up to $25,000 brought by You. If the arbitrator finds that your claim or Demand is frivolous or is brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of fees will be governed by the AAA rules and You agree to reimburse AT&T for fees already paid by AT&T that are your obligation under the AAA rules.

If You complied with the notice procedures above; the value of your claim or Demand is $25,000 or less; and the arbitrator awards you an amount greater than the value of AT&T's last written settlement offer made before an arbitrator was selected (or any amount if AT&T made no offer), AT&T will:

• Pay You the award or $10,000, whichever is greater ('Alternative Payment'); and
• Pay your attorney, if any, the amount of attorneys' fees and expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing and pursuing your claim in arbitration ("Attorney Award").

The arbitrator may rule on the payment of fees, expenses, and the Alternative Payment and Attorney Award during the proceeding and within 14 days after his/her final ruling on the merits. In assessing whether the award is greater than the value of AT&T's last written settlement offer, the arbitrator may consider only those attorneys' fees or expenses that You incurred through the date of your Notice and which had been awarded to You. You may also recover attorneys' fees and expenses under applicable law, but you may not recover duplicative awards of attorneys' fees or expenses.

This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs. This arbitration provision survives termination of this Agreement. As the exclusive alternative to arbitration, AT&T or You may commence an individual action in Small Claims Court. If a court rejects enforcement of any of the limitations on class, representative, private attorney general, or non- individualized relief as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Notwithstanding any provision in this Agreement to the contrary, We agree that if AT&T makes any future change to this arbitration provision (except a change to the Notice Address) during your Service Commitment, You may reject any such change by sending AT&T written notice within 30 days of the change to the Notice Address. By rejecting any future change, You agree to arbitrate any dispute in accordance with the language of this provision.

If You are located in Puerto Rico, in addition to pursuing arbitration in accordance with this provision, You may notify the Telecommunications Regulatory Board of Puerto Rico of your grievance. Mail: 500 Ave. Roberto H. Tood (Parada 18), San Juan, Puerto Rico 00907-3941; Phone: 1-787-756-0804 or 1-866-578-5500; Online: jrtpr.gobierno.pr.

The Services use and include certain software and/or firmware (the "Software"). Some Software resides on the Equipment.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AT&T EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
2. AT&T MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) THE SERVICES WILL NOT CONFLICT OR INTERFERE WITH OTHER SERVICES FROM AT&T OR THIRD PARTIES THAT YOU RECEIVE AT YOUR PREMISES.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, UNLESS PROHIBITED BY LAW, AT&T SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF REVENUE OR PROFITS, BUSINESS OR GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) USE OF THE SERVICES (WHICH INCLUDES EQUIPMENT, SOFTWARE, AND INSIDE OR OUTSIDE WIRING), (b) THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICES, (c) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF THE SERVICES, EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF AN AT&T INSTALLER, TECHNICIAN, OR OTHER REPRESENTATIVE, AND/OR (d) ANY INABILITY TO REACH 911 EMERGENCY SERVICES, ANY ALLEGED INTERFERENCE WITH ALARM OR MEDICAL MONITORING SIGNALS, OR ANY FAILURE OF ALARM OR MEDICAL MONITORING SIGNALS TO REACH THEIR INTENDED MONITORING STATIONS ALLEGEDLY AS A RESULT OF THE SERVICES.

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AT&T IN CONNECTION WITH THE SERVICE IS A REFUND NOT TO EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

Unless otherwise specified in these TOS, notices to you may be made via email, regular mail, posting online at https://www.att.com/legal/terms.businessUverseandPhoneAttTermsOfService.html recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number. In addition, if you purchase AT&T U-verse TV service, AT&T may also provide notices of changes to these TOS or other matters by displaying notices on AT&T U-verse TV. It is your responsibility to check for such notices.

Unless otherwise specified in these TOS or required by applicable law, notices by you to AT&T must be given by calling 1-800-321-2000 and such notices are effective as of the date that our records show we received your call.

All portions of the Services and Equipment and any firmware or software used to provide the Services or provided to you in conjunction with providing the Services, or embedded in the Equipment, and all Services, information, documents, and materials on related website(s) are the property of AT&T or third- party providers and are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of AT&T or third-party providers are and shall remain the exclusive property of AT&T or third-party providers, and nothing in this Agreement shall grant you the right or license to use such Marks.

As permitted under applicable laws and without limitation to other rights provided in these TOS or other applicable policies, you authorize AT&T to (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with AT&T's offering of the Services and other services. You understand and agree that if you fail to fulfill the terms of your obligations under these TOS, AT&T may report your failure to a credit reporting agency.

AT&T may assign these TOS and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to you. You may not assign these TOS or your rights or obligations pertaining to the Services or any parts thereof without the written consent of AT&T.

1. These TOS do not provide any third party with a remedy, claim, or right of reimbursement.
2. These TOS, any policies, guidelines, or other documents referenced herein, the provisions set forth in any marketing and informational materials or promotional offers for the Services, and the terms and conditions posted on the AT&T website constitute the entire agreement between AT&T and you and supersede any prior agreements between you or AT&T with respect to the subject matter of these TOS.
3. These TOS and the relationship between you and AT&T will be governed by the law of the state of your billing address except to the extent such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state of your billing address at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law.
4. The failure of AT&T to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision.
5. If any provision of these TOS is found by a court or agency of competent jurisdiction to be unenforceable, the parties nevertheless agree that the remaining provisions of these TOS shall remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that provision is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
6. To the fullest extent permitted by law, you and AT&T agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7. The section titles and paragraph headings in these TOS are for convenience only and have no legal or contractual effect.

AT&T Phone for Business is an enhanced voice communication service that converts voice communications into Internet Protocol (IP) packets that are carried over AT&T's IP network. It may be generically referred to as "voice over IP" or "VoIP." The Service includes direct-dialed calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which may be offered at additional costs, all of which AT&T, in its sole discretion, may add, modify, or delete from time to time. The Service also includes a telephone number or numbers that may be included in printed directories and/or directory assistance databases, and options, available at additional costs, to have numbers withheld from printed directories and/or directory assistance databases. AT&T Phone for Business is not mobile or nomadic and will function only in your provisioned premises.

When you accept these TOS, you become the main account holder for each telephone number assigned to the AT&T Phone for Business service and all plans, features, and functionalities associated with each telephone number, whether those telephone numbers, plans, features, and functionalities are purchased initially or are added subsequently. These TOS apply to all such telephone numbers, and to the Service and the plans, features, and functionalities associated with the Service, for both the main account and all sub accounts. You will be asked to choose a unique name for the main account (your main account ID).

For AT&T Phone for Business service, nonrecurring and usage-based charges generally billed in the billing cycle following the transaction include, but are not limited to, international calling (including surcharges for international termination to a wireless phone number), Operator Services, Directory Assistance (411 or xxx-555-1212), call trace, and overage minutes associated with defined minutes-of-use plans . Partial minutes are rounded up for per-minute usage charges.

AT&T Phone for Business service requires a regular touchtone landline telephone, which you must supply and which must be connected to the WG, FBG, IAD or iNID, either directly or through your premise's inside wiring. (Rotary and pulse phones will not work). The WG, FBG or iNID will support up to two AT&T Phone for Business lines (telephone numbers used for inbound and outbound calling), additional AT&T Phone for Business lines will be supported by an Integrated Access Device (IAD) which, when necessary, will be installed in a tethered arrangement with the WG or the FBG.

YOU AGREE THAT NEITHER YOU NOR A THIRD PARTY WILL MOVE AT&T PHONE FOR BUSINESS EQUIPMENT USED FOR AT&T PHONE FOR BUSINESS SERVICE WITHIN YOUR PREMISES OR TO ANY OTHER PHYSICAL LOCATION OUTSIDE OF THE PREMISES WHERE IT WAS INSTALLED BY AT&T. AT&T PHONE FOR BUSINESS SERVICE IS NOT DESIGNED TO BE NOMADIC AND WILL NOT FUNCTION PROPERLY IF THE WG, FBG OR THE IAD IS MOVED OR ALTERED BY A NON-AT&T EMPLOYEE. IF YOU REQUIRE THE WG, FBG OR IAD TO BE MOVED, YOU MUST CONTACT AT&T. FAILURE TO DO SO MAY RESULT IN A FAILURE OF THE SERVICE AND /OR IN AT&T'S TERMINATION OF YOUR SERVICE.

Since voice over IP is dependent on the IP network, the availability of an adequate power source, and correct Equipment configuration, AT&T does not guarantee that AT&T Phone for Business service will be continuous or error-free. You acknowledge and agree that AT&T cannot guarantee that voice over IP communication is completely secure.

You also acknowledge and agree that AT&T may establish general practices and limits concerning use of the AT&T Phone for Business service, including without limiting other limitations set forth in these TOS or otherwise, AT&T Phone for Business service cannot be used to make or receive operator-assisted collect or third-party billing calls, nor can AT&T Phone for Business service be used to make 900/976 calls; area code 500, 700, and 710 calls; 10-10-XXX dial-around calls; or international operator or directory assistance calls. Also, the ability to call certain N11 services (211, 311, 511) may not be available. AT&T also limits the maximum number of days that messages will be retained; the maximum number messages that will be retained by the Service; the maximum size of any message; and the maximum disk space that will be allotted on AT&T's servers on your behalf. You agree that AT&T will have no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of communications over the AT&T Phone for Business service, or for other content maintained or transmitted by AT&T Phone for Business service. You acknowledge that AT&T reserves the right to log off accounts or disconnect sessions that are inactive for an extended period of time. You further acknowledge that AT&T reserves the right to change these general practices and limits at any time without advance notice.

Power Outages and No Battery Backup. YOU ACKNOWLEDGE AND UNDERSTAND THAT AT&T PHONE FOR BUSINESS REQUIRES ELECTRICAL POWER TO FUNCTION, AND AT&T DOES NOT PROVIDE BATTERY BACK UP EQUIPMENT FOR YOUR SERVICE. YOU MAY CHOOSE TO PURCHASE BATTERY BACKUP FOR YOUR iNID, WG, FBG, IAD, AND YOUR ONT (IF YOU HAVE ONE) FROM THIRD PARTY MANUFACTURERS OR RETAILERS. YOU ACKNOWLEDGE AND AGREE THAT IT WILL TAKE TIME TO CHARGE AN INITIAL BATTERY BACKUP AFTER AT&T PHONE FOR BUSINESS IS INSTALLED AND/OR AFTER A REPLACEMENT BATTERY IS INSTALLED. YOU ACKNOWLEDGE AND UNDERSTAND THAT TO CONSERVE BATTERY POWER DURING A POWER OUTAGE, YOU SHOULD NOT ATTEMPT TO USE THE BATTERY BACKUP FOR ANY PURPOSE OTHER THAN TO POWER YOUR AT&T PHONE FOR BUSINESS SERVICE (OR TO POWER YOUR INTERNET CONNECTION, FOR THE PURPOSE OF POWERING YOUR PREMISES ALARM, IF YOU HAVE AN IP-BASED PREMISES ALARM THAT USES AT&T INTERNET FOR BUSINESS SERVICE). YOU ACKNOWLEDGE AND UNDERSTAND THAT THE BATTERY BACKUP DOES NOT PROVIDE POWER FOR CORDLESS PHONES AND THAT, IF YOU ARE USING A CORDLESS PHONE WITH YOUR AT&T PHONE FOR BUSINESS SERVICE, A SEPARATE BATTERY BACKUP OR OTHER POWER SOURCE MAY BE REQUIRED IF THERE IS A POWER OUTAGE. YOU ACKNOWLEDGE AND UNDESTAND THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHEN THE iNID, WG, FBG, IAD AND ONT BATTERY BACKUP REQUIRES REPLACEMENT AND FOR REPLACING AND RECYCLING USED BATTERIES IN ACCORDANCE WITH MANUFACTURER OR VENDOR DIRECTIONS. YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING BATTERY BACKUP OR OTHER SOURCES OF POWER FOR ANY CORDLESS PHONES YOU USE WITH YOUR AT&T PHONE FOR BUSINESS SERVICE.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE RECEIVED, UNDERSTAND AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE LIMITATIONS OF 911 SERVICE OVER AT&T PHONE FOR BUSINESS SERVICE AND THE DISTINCTIONS BETWEEN 911 SERVICE OVER AT&T PHONE FOR BUSINESS SERVICE AND 911 SERVICE OVER TRADITIONAL WIRELINE TELEPHONE SERVICE. YOU AGREE TO ADVISE ALL INDIVIDUALS WHO MAY PLACE CALLS OVER AT&T PHONE FOR BUSINESS SERVICE OF THE 911 LIMITATIONS DESCRIBED BELOW.

AT&T PHONE FOR BUSINESS UTILIZES A DIGITAL TECHNOLOGY CALLED VOICE OVER IP PROVIDED TO YOUR DEVICE VIA A WIRED BROADBAND CONNECTION. THE FOLLOWING LIST INCLUDES, BUT IS NOT LIMITED TO, EXAMPLES OF THE TYPES OF CIRCUMSTANCES UNDER WHICH 911 SERVICE MAY NOT BE AVAILABLE TO YOU OR IS LIMITED IN COMPARISON WITH TRADITIONAL 911 TELEPHONE SERVICE:

1. 911 IS DIALED FROM A LOCATION OTHER THAN THE REGISTERED LOCATION YOU PROVIDED;
2. YOUR BROADBAND CONNECTION (WIRED, WIRELESS AND/OR WI-FI) HAD BEEN DISRUPTED OR IMPAIRED;
3. YOUR UNDERLYING DATA SERVICE PLAN HAS LAPSED OR HAS BEEN DISRUPTED OR IMPARIED;
4. LOSS OF ELECTRICAL OR BATTERY BACKUP POWER;
5. USER DEVICE/TERMINAL EQUIPMENT IS NOT CONFIGURED CORRECTLY;
6. APPLICABLE SET-UP INSTRUCTIONS FOR SERVICE ARE NOT PROPERLY FOLLOWED;
7. DELAYS HAVE OCCURRED IN PROCESSING YOUR NEWLY UPDATED REGISTERED LOCATION; AND
8. THE DEVICE IS NOT LOCATED IN THE UNITED STATES OF AMERICA IN AN AREA WHERE AT&T PHONE FOR BUSINESS SERVICE IS AVAILABLE.

AT&T MAKES NO WARRANTY THAT AT&T PHONE FOR BUSINESS SERVICE FOR ACCESS TO 911 WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR BATTERY BACKUP POWER WILL BE SUFFICIENT TO MAINTAIN THE SERVICE THROUGHOUT ANY AND/OR ALL POWER OUTAGES.

911 SERVICE OVER AT&T PHONE FOR BUSINESS SERVICE IS ONLY AVAILABLE AT YOUR SERVICE ADDRESS, WHILE CONNECTED TO A PROPERLY POWERED iNID, FBG OR WG (AND A PROPERLY POWERED ONT AND/OR IAD, IF APPLICABLE) AND AFTER AT&T PHONE FOR BUSINESS HAS BEEN ACTIVATED.

911 SERVICE OVER AT&T PHONE FOR BUSINESS SERVICE WILL NOT FUNCTION IF YOUR iNID OR WG, FBG, OR IAD FAILS OR IS NOT CONFIGURED CORRECTLY OR DURING AT&T's MAINTENANCE ROUTINES TO UPDATE THE iNID, WG, FGB OR IAD SOFTWARE, OR IF YOUR AT&T PHONE FOR BUSINESS IS INTERRUPTED OR NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE (UNLESS YOU HAVE WORKING BATTERY BACKUP POWER), NETWORK OUTAGE, BROADBAND CONNECTION FAILURE, UNAUTHORIZED RELOCATION OF THE Wi-Fi^® Gateway ("WG "), FBG OR IAD, DELAYS THAT MAY OCCUR IN MAKING A REGISTERED LOCATION AVAILABLE THROUGH THE ALI DATABASE OR DISCONNECTION OF YOUR SERVICE BECAUSE OF BILLING ISSUES. IF THERE IS A POWER OUTAGE, YOU MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT PRIOR TO BEING ABLE TO USE YOUR SERVICES, INCLUDING USE FOR 911 CALLING. YOU ACKNOWLEDGE THAT AT&T STRONGLY RECOMMENDS YOU MAINTAIN AT ALL TIMES AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES, SUCH AS VIA CELLULAR TELEPHONE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT AT&T WILL NOT BE LIABLE FOR ANY LOSSES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING YOUR AT&T PHONE FOR BUSINESS SERVICE OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE 911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS DOCUMENT AND/OR THE CHARACTERISTICS, LIMITATIONS, AND/OR FAILURE OF THE 911 NETWORK ITSELF.

WITHOUT LIMITING ANY PROVISIONS OF THE TOS, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS AT&T, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE AT&T PHONE FOR BUSINESS SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), LIABILITIES, DAMAGES, FINES, PENALTIES, DEMANDS, ACTIONS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF THE AT&T PHONE FOR BUSINESS SERVICE, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION CLAIMS RELATED TO 911 DIALING, ARISING FROM OR IN CONNECTION WITH ANY FAILURE OR OUTAGE OF AT&T PHONE FOR BUSINESS SERVICE OR ANY FAILURE OR OUTAGE OF THE 911 NETWORK ITSELF.

AT&T MAKES NO WARRANTY THAT (i) AT&T PHONE FOR BUSINESS SERVICE USED AS A COMMUNICATIONS PATHWAY FOR MONITORED PREMISES ALARM SYSTEMS (INCLUDING BURGLAR ALARMS , MONITORED FIRE ALARMS, AND/OR MEDICAL MONITORING SYSTEMS OR DEVICES), WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR OR ALL MONITORED PREMISES ALARM SYSTEMS (INCLUDING BURGLAR ALARMS , MONITORED FIRE ALARMS, AND/OR MEDICAL MONITORING SYSTEMS OR DEVICES), OR (iii) ANY BATTERY BACKUP POWER EQUIPMENT YOU MAY PURCHASE WILL BE SUFFICIENT TO MAINTAIN YOUR AT&T PHONE FOR BUSINESS THROUGHOUT ANY AND/OR ALL POWER OUTAGES. SEE MANUFACTURER INFORMATION FOR BATTERY LIFE DURING A POWER OUTAGE. YOU ARE RESPONSIBLE FOR PURCHASING AND MAINTAINING ANY DESIRED BATTERY BACKUP EQUIPMENT.

IF YOU HAVE OR PURCHASE A MONITORED FIRE ALARM OR BURGLAR ALARM SYSTEM OR A MEDICAL MONITORING DEVICE THAT YOU INTEND TO USE WITH AT&T PHONE FOR BUSINESS AS THE COMMUNICATIONS PATHWAY, YOU AGREE TO CONTACT YOUR PROVIDER FOR THOSE SYSTEMS/DEVICES TO DETERMINE COMPATIBILITY WITH AT&T PHONE FOR BUSINESS SERVICE AND TO ARRANGE FOR YOUR PROVIDER TO TEST SUCH SYSTEMS/DEVICES AFTER INSTALLATION OF AT&T PHONE FOR BUSINESS SERVICE. YOU ALSO ACKNOWLEDGE AND AGREE THAT EVEN IF SUCH SYSTEMS AND DEVICES ARE COMPATIBLE WITH AT&T PHONE FOR BUSINESS SERVICE, THEY WILL NOT BE ABLE TO COMMUNICATE WITH MONITORING STATIONS DURING A POWER OUTAGE UNLESS YOU MAINTAIN BATTERY BACKUP POWER FOR AT&T PHONE FOR BUSINESS AS DESCRIBED IN THESE TOS. IF YOU PURCHASE A MONITORED BURGLAR ALARM OR MONITORED FIRE ALARM SYSTEM AFTER AT&T PHONE FOR BUSINESS SERVICE HAS BEEN INSTALLED, YOU ALSO AGREE TO CALL AT&T PRIOR TO INSTALLATION OF ANY SUCH SYSTEM. SUBSEQUENT INSTALLATION OF THESE SYSTEMS MAY REQUIRE RE-WIRING OF AT&T PHONE FOR BUSINESS SERVICE, WHICH MAY ALSO RESULT IN TIME AND MATERIAL CHARGES. (AT&T DOES NOT PROVIDE SUPPORT FOR, OR RE-WIRING OF AT&T PHONE FOR BUSINESS IN SUPPORT OF, MEDICAL MONITORING SYSTEMS OR DEVICES).

ONCE AT&T PHONE FOR BUSINESS SERVICE HAS BEEN INSTALLED FOR USE WITH A MONITORED FIRE ALARM OR MONITORED BURGLAR ALARM SYSTEM, YOU AGREE THAT YOU WILL NOT CHANGE OR MODIFY THE INSIDE WIRING OF YOUR PREMISES OR MOVE OR RECONFIGURE YOUR RG, FBG AND OR IAD IN ANY WAY WITHOUT CONTACTING AT&T AND YOUR ALARM SERVICE PROVIDER. YOU ALSO AGREE THAT YOU WILL NOT PLUG ANY TELEPHONE EQUIPMENT INTO THE BACK OF THE RG, FBG AND OR IAD. YOU ACKNOWLEDGE AND AGREETHAT IF YOU CHANGE OR MODIFY YOUR INSIDE WIRING, MOVE OR RECONFIGURE YOUR RG, FBG AND OR IAD IN ANY WAY, OR PLUG ANY TELEPHONE EQUIPMENT INTO THE BACK OF THE WG, FBG AND OR IAD IT COULD RESULT IN A FAILURE OF YOUR MONITORED BURGLAR ALARM OR MONITORED FIRE ALARM SYSTEM.

BY ACCEPTING THESE TOS, YOU USE AT&T PHONE FOR BUSINESS SERVICE AT YOUR OWN RISK AND WAIVE ANY CLAIM AGAINST AT&T FOR INTERFERENCE WITH OR DISRUPTION OF A MONITORED FIRE ALARM OR BURGLAR ALARM SYSTEM, A MEDICAL MONITORING DEVICE, OR OTHER SUCH SYSTEMS OR DEVICES DUE TO THE AT&T PHONE FOR BUSINESS SERVICE.

In the event you are transferring an existing phone number for your AT&T Phone for Business service (i.e., porting a number to AT&T Phone for Business service), you hereby authorize AT&T to process your order for AT&T Phone for Business and to notify your existing provider of your decision to switch your local, local toll, and long distance services to AT&T Phone for Business service, and you represent that you are authorized to take this action. Not all telephone numbers are eligible for porting to AT&T Phone for Business.

AT&T Phone for Business service includes Voicemail, a full-featured voicemail service. If you access your Voicemail voice mailbox from outside your local calling area, you may incur applicable local toll or long distance charges.

In addition, the Voicemail service allows you the option to integrate your AT&T wireless service voice mailbox with your AT&T Phone for Business Voicemail mailbox. (Wireless service from AT&T must be separately purchased.) Calls forwarded to your Voicemail voice mailbox from your wireless phone will not incur airtime charges. However, airtime charges may apply when using your wireless handset to retrieve messages. Pager notification allows your pager to notify you when a message is received in your Voicemail voice mailbox. Your pager can have either an email address or your pager can have a telephone number associated with it and must be set up through the Voicemail mailbox. Paging service and equipment must be purchased separately. Other restrictions may apply.

Voicemail may include a Voicemail-to-Text (VMTT) feature that provides automated transcription of your voicemail. AT&T is not responsible nor liable for: 1) errors in the conversion of or its inability to transcribe voicemail messages to text/email; 2) lost or misdirected messages; or 3) content that is unlawful, harmful, threatening, abusive, obscene, tortious, or otherwise objectionable. We do not filter, edit or control voice, text, or email messages, or guarantee the security of messages. We can interrupt, restrict or terminate VMTT without notice, if your use of VMTT adversely impacts AT&T's network, for example that could occur from abnormal calling patterns or an unusually large number of repeated calls and messages; or if your use is otherwise abusive, fraudulent, or does not comply with the law.

You are solely responsible for and will comply with all applicable laws as to the content of any text messages or emails you receive from VMTT that you forward or include in a reply to any other person. You authorize AT&T or a third party working on AT&T's behalf to listen to, and transcribe all or part of a voicemail message and to convert such voicemail message into text/email, and to use voicemail messages and transcriptions to enhance, train and improve AT&T's speech recognition and transcription services, software and equipment. You agree that the results of benchmarking VMTT against competing products or services is AT&T confidential information requiring AT&T written consent to disclose in accordance with the BSA or RSA as may be applicable to you. Additional charges may apply to receiving email on your wireless device from VMTT, as well as, replying to or forwarding VMTT messages via SMS (text) or email, depending on your plan. Transcription times cannot be guaranteed. You are responsible for providing a correct email address and updating the email address when changes to the email account are made.

You agree that you will NOT use AT&T Phone for Business service:

1. To engage in auto-dialing, fax broadcasting or fax blasting, or for uses that result in excessive usage inconsistent with normal usage patterns. If AT&T determines, in its sole discretion, that you are reselling or transferring AT&T Phone for Business service or that you are using AT&T Phone for Business service for any of the aforementioned activities, AT&T reserves the right, without advance notice, immediately to terminate or modify the Service, or to change your calling plan to a different offer on a prospective basis, and in addition, to assess additional charges for each month in which excessive usage occurred. If you subscribe to a calling plan which includes unlimited calling of any type, unless otherwise specified by your specific plan in marketing materials associated therewith, consistent monthly use in excess of 5,000 aggregate minutes per month per telephone line, taking into account all types of calling in your plan which are provided on an unlimited basis, shall be presumed to be inconsistent with these restrictions and shall be subject to the conditions above.
2. As an announcement service, particularly with regard to Voicemail, which is provided as an integral component of AT&T Phone for Business service and is designed as a voicemail service, not an announcement, service. Use of Voicemail as an announcement service and/or other improper or excessive use may impair AT&T's ability to provide reasonable service to other customers. AT&T reserves the right to cancel your AT&T Phone for Business service at any time, with or without notice, if as determined solely by AT&T based on its network/service design and usage experience, your voicemail service is (1) being used in an improper manner including, but not limited to, using it as an announcement service or for unlawful purposes, (2) consistently generating excessive usage, (3) affecting AT&T's ability to provide reasonable service to other customers, or (4) being used to interfere with another's use of the voicemail system.

Without limiting other rights set forth in these TOS, AT&T may either terminate your AT&T Phone for Business service or transfer your AT&T Phone for Business service to a different telephone number without penalty, upon reasonable notice, if AT&T stops providing AT&T Phone for Business service either generally or in your area, if at any time 911 service over AT&T Phone for Business service is not available, or for other reasons associated with the provisioning of 911 service to your premises. AT&T also may terminate your order for Service if you do not activate the Service within 90 days or if you do not formally acknowledge information about 911 service limitations in accordance with directives from AT&T.

Service suspension may, and cancellation will, result in your loss of the number associated with the AT&T Phone for Business service. Suspension (but not termination) of AT&T Phone for Business service still allows (assuming working battery backup during power outage) for the following dialing privileges: outbound calling to 911, outbound calling to Operator Services (for emergency assistance only), and inbound calling (intended to maintain a call back path for emergency service providers). AT&T has no responsibility for retaining or delivering messages that are located in any voice mailbox at the time of the suspension or termination, or that are addressed to any main account holder or subaccount holder thereafter.

North Carolina. If your Service is located in Durham or Concord, your Service may not include a telephone number or numbers in printed directories and/or directory assistance databases, and you may not have the option to have numbers withheld from printed directories and/or directory assistance databases.

Your registration, payment for, or use of the Site and/or Service constitutes your agreement to be bound by the charges, terms and conditions set forth in these Terms of Service.

AT&T U-verse TV includes content available via AT&T U-verse TV and Equipment (see Section 6 of the General Terms of Service).

For AT&T U-verse TV service, nonrecurring and usage-based charges, if applicable, are generally billed in the billing cycle following the transaction.

Equipment for AT&T U-verse TV service includes an AT&T U-verse TV Receiver ("Receiver"), and, if applicable, a Wireless Access Point ("WAP") to provide connection for a wireless Receiver. You may request additional Receivers and limits on the number of available Receivers for a household may apply. Additional rental or other fees may apply to all AT&T U-verse TV equipment, including, but not limited to, the Receiver(s).

Some programming may not be available in certain areas due to legal, regulatory, and contractual prohibitions, including restrictions of the Federal Communications Commission and sports blackouts.
Your AT&T U-verse TV service is provided for viewing, use, and enjoyment in your business location/office unit, by you, your employees and those who transact business on your premises and who do not make any payment to you or your business for the specific viewing of U-verse TV. Your Service may not be used on any premises where food or beverages are made available for purchase and consumption by the public and such consumption and sale may be considered an identifiable area of business activity related to the overall business purpose. AT&T U-verse TV Customers are not permitted to purchase Pay Per View or Video On Demand Programming. Further, your service does not include permission or license to make AT&T U-verse TV available to the public. You agree that admission will not be charged for listening to or viewing the U-verse Service. Your AT&T U-verse TV Service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except as permitted by the "fair use" provisions of the U.S. copyright laws.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AT&T MAKES NO WARRANTY THAT THE SERVICE WILL ALLOW YOU TO RECORD, VIEW, OR TRANSFER ANY PARTICULAR PROGRAM OR CONTENT.

All terms as set forth in Paragraph 4 of this AT&T U-verse TV section are reasserted in this Section VI. You agree that that admission will not be charged for listening to or viewing the Service. Your AT&T U- verse TV Service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except as permitted by the "fair use" provisions of the U.S. copyright laws.