This was last updated on Thursday, June 19, 2015 at 2:00PM Pacific Time
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2. Technical Support. We will respond to support inquiries on a best efforts basis; provided that inquiries (i) must be submitted via toll-free telephone or email in the English language, and (ii) such inquiries will be responded to in English.
3. Your Data. You retain all right, title and interest in and to your data. You authorize us to permit Microsoft and our third party contractors to access your data for the purpose of providing Microsoft Online Services to you. Neither we, nor Microsoft nor any of our contractors acquires any rights in your data other than the rights you grant to each of us for the applicable Microsoft Online Service. This does not apply to software or Microsoft Online Services licensed to you. You may be able to submit data for use in connection with Microsoft Online Services. When you submit data for use with any Microsoft Online Service that enables communication or collaboration with third parties, you acknowledge that those third parties may then be able to:
Your data will be used only to provide Microsoft Online Services to you. This may include transition services, troubleshooting aimed at preventing, detecting and repairing problems affecting the operation of the Microsoft Online Services and the improvement of features that involve the detection of, and protection against, emerging and evolving threats to the User (such as malware or spam). Neither we, nor Microsoft nor any of our contractors will use your data or derive information from it for any advertising or other commercial purposes.
4. Acceptable Use Policy. Neither you, your Users, nor anyone that accesses Microsoft Online Services through you may use the Microsoft Online Service:
5. Suspension/Termination. We may suspend a Microsoft Online Service and Microsoft may suspend a Microsoft Online Service, in whole or in part, in the following circumstances:
We will provide, or Microsoft will provide, advance notice before suspending a Microsoft Online Service, except where we or Microsoft reasonably believe an immediate suspension is required. If you fail to fully address the reasons for the suspension within 60 days after the Microsoft Online Service is suspended, your subscription may be terminated and (notwithstanding the provisions of Section 9 of this Attachment) your data may be deleted without any retention period. You will not be entitled to a refund or credit for suspended or terminated Microsoft Online Service and you will owe a cancellation fee equal to the full amount of our monthly invoice to you with respect to the suspended or terminated Microsoft Online Service(s) multiplied by the number of months remaining in your then-current term.
6. Term and Termination. Your service will be in effect on a month to month basis so long as you continue to pay for the service. In the event that you no longer pay for the service, we may choose to terminate the service.
7. Retention Period. Upon expiration or termination of your Microsoft Online Service subscription, we will disable your account and delete your data. The Microsoft Online Service may not support retention or extraction of software provided by you to run in Microsoft Online Services. You agree that, other than as described in these terms, neither Microsoft nor EasyStreet by Atmosera have any obligation to continue to hold, export or return your data. You agree that neither Microsoft nor EasyStreet by Atmosera will have any liability whatsoever for deletion of your data pursuant to these terms.
8. Fees. You will pay us the fees for Microsoft Online Services you purchase. We will invoice you for Microsoft Online Services monthly in advance and arrears according to our established billing cycle.
9. Additional Terms and Conditions.
9.1. Microsoft Terms. You are bound by and agree to be bound by the Microsoft Online Service Terms found at http://www.microsoft.com/en-us/licensing/product-licensing/products.aspx
In addition, the Microsoft Product Usage Rights apply to all software that you access or use through Microsoft Online Services. The Microsoft Online Service Software Terms and the Microsoft Product Usage Rights may be changed at any time. Without limiting any other remedies, we may suspend or terminate a User’s Microsoft Online Services without notice if the User breaches the Microsoft Online Service Terms or the Microsoft Product Usage Rights. The Microsoft Product Usage Rights can be found here: http://microsoftvolumelicensing.com/DocumentSearch.aspx?Mode=3&DocumentTypeId=1
If we believe, in good faith, at any time during the term of this Attachment, that you have breached or are not complying with the Microsoft Online Service Terms or the Microsoft Software Terms, you will cooperate in good faith with us in investigating and remedying such noncompliance. You authorize us to provide such information about the use of the Microsoft Online Services by you and your Users as we require for the purpose of assessing compliance with Microsoft Online Service Terms or the Microsoft Software Terms.
9.2. Additional Indemnity. You will indemnify EasyStreet by Atmosera against all loss, cost, damage and expense that we incur as a result of claims in any form by third parties arising from your use of Microsoft Online Services. You shall indemnify, defend, protect, and hold EasyStreet by Atmosera and its representatives harmless from any losses, liabilities, damages, costs and expenses (inclusive of EasyStreet by Atmosera’s reasonable attorneys’ fees) arising from any claim, suit or proceeding (i) resulting from this Agreement including any services provided.
9.3. Additional Disclaimers. Neither we nor Microsoft guarantees continuous, uninterrupted, virus-free or secure Microsoft Online Services, and we are not liable if you are unable to access any Microsoft Online Service at any specific time. We do not guarantee that we or Microsoft will be able to replace any of your information, content or other data that may be lost, damaged or stolen resulting from use of any Microsoft Online Service. EasyStreet by Atmosera makes not representations or warranties, express or implied, to EasyStreet by Atmosera or to any other person or entity regarding any services or other items under this agreement.
9.4 No Liability. IN NO EVENT WILL Microsoft or EasyStreet by Atmosera or any of their representatives BE LIABLE TO ANY CUSTOMER OR USER OF THE SERVICES OR ANY REPRESENTATIVES FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR ANY OTHER NON-DIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR FUTURE REVENUES, LOSS OR CORRUPTION OF OR DAMAGE TO DATA, COST OF CAPITAL, LOSS OF REPUTATION OR OPPORTUNITY OR ANY CLAIM OR DEMAND AGAINST THE CUSTOMER OR USER OR ANY REPRESENTATIVE BY ANY THIRD PARTY, HOWEVER CAUSED, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SAID CUSTOMER OR USER OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY LAW, AND YOU AGREE TO RELEASE Microsoft or EasyStreet by Atmosera AND THEIR RESPECTIVE REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITY REGARDLESS OF THE THEORY OF LIABILITY OR REMEDY UNDER WHICH DAMAGES ARE SOUGHT.
10. Your Obligations and Consent. You represent that you have the necessary rights to any data, software programs or Microsoft Online Service that you use in connection with your and your Users’ access to or use of Microsoft Online Services and that such activities do not infringe the intellectual property or other proprietary rights of any third party. You will access or use the Microsoft Online Services (a) without violating the rights of any third party or purporting to subject Microsoft or us to any other obligations to you or any third party, and (b) solely in a manner that complies with all applicable laws and regulations. You and your Users consent to receipt and use by us and by Microsoft of information relating to you and your Users, which may include personal information, in order to provide Microsoft Online Services. This includes your consent to the collection, use, transfer, disclosure and processing of your data and your User’s data, including personal data, including but not limited to use for the purpose of providing Microsoft Online Service.
11. Privacy. Personal data collected through Microsoft Online Services may be transferred, stored and processed by Microsoft in the United States or any other country in which Microsoft or is service providers maintain facilities. This includes any personal data you collect using the Microsoft Online Services. By using Microsoft Online Services, you consent to, the transfer of personal data outside of your country. Additional information regarding Microsoft’s privacy and security practices with respect to Microsoft Online Services may be found at https://www.microsoft.com/online/legal/v2/
Please make sure to also review the Microsoft legal resources available here: