FIRSTNET.COM TERMS OF USE

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.