Friday November 20, 2009

Terms and Conditions

The XO Communications Services, Inc. (“XO”), Business Center Service (”BCS”) is designed to supplement existing customer-care services with on-line access to similar services. As an enrolled BCS user, you can acquire real-time billing information and bill detail downloads; as well as receive, review and pay your invoices online. In addition, some services permit BCS users to access XO product literature; view, update and manage their XO customer profiles; order additional service; access call detail and other available reports; track account information and the status of service orders; report problems with an account, initiate trouble tickets and track the status of those tickets or get queued up for contact with XO representatives; access FAQs; authorize other BCS users at your company; and view other XO information through your Internet connection.

If you elect to participate in BCS and your BCS access is established, you still may continue to contact XO Customer Care directly with regard to your services, including those offered through BCS.

The following Terms and Conditions govern the furnishing and use of BCS. As new features and functionality are added to BCS (e.g., active order tracking), these Terms and Conditions will apply to those additions, so please check periodically to review any additions that may have been made. To obtain a printed copy of these Terms and Conditions, you may, of course, print them from your computer, or you can contact your Customer Care representative. Information on contacting Customer Care can be found at http://www.xo.com/contact/care/.

PLEASE NOTE: IN ORDER TO BE ABLE TO ENROLL FOR AND USE THE XO BUSINESS CENTER SERVICE ON LINE, YOU MUST HAVE THE FOLLOWING MINIMUM HARDWARE AND SOFTWARE CAPABILITIES AVAILABLE:

  • Microsoft® Internet Explorer ® 6.0 (or higher). Browser must have Javascript and cookies enabled. Please note this does not include pre-release versions of browser software.
  • To view on-line billing information, communications connectivity speed of at least 56kbps is required. To view certain files, such as pdf or csv files that contain large amounts of account data, 100mbps is recommended. An active e-mail account for the purpose of confirming account and user activation and passwords.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ENROLLING IN BCS OR ACCESSING YOUR ACCOUNT VIA BCS.
BY SIGNING UP FOR BCS AND ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS APPLICABLE TO BCS, AS THEY MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS (NOW OR AT ANY TIME IN THE FUTURE), YOU DO NOT NEED TO PARTICIPATE, OR CONTINUTE TO PARTICIPATE, IN BCS. YOU MAY, HOWEVER, CONTINUE TO MANAGE YOUR ACCOUNT THROUGH XO CUSTOMER CARE REPRESENTATIVES FOR MOST CALL TYPES.

In addition to being bound to BCS terms and conditions, you also will be bound by all applicable terms and conditions appearing in your paper-based agreements, at www.terms.xo.com, or in order forms and invoices. If there is an inconsistency between your on-line account information and your paper-based account information, the latter will be controlling. Certain features of BCS, such as the ability to place and track service orders, acquire certain information, and access your account on-line, may not be available to all customers. In all events, the terms and conditions, including prices, in documents constituting your agreement(s) with XO will remain in full force and effect including, but not limited to, those pertaining to: payment; credit; pricing, fees and charges; service dates; limitations of liability, dispute resolution; indemnification; and other matters, and are incorporated by reference herein.

  • When you register for BCS, you will be asked to provide certain customer-specific information that will be used to verify your identity. Some BCS accounts permit several individuals to access the account and perform functions relating to it. If you intend to authorize more than one person to access your BCS account, you will need to designate a ”Business Center Administrator” and assign, as appropriate, different levels of authority for those authorized to view and manage your account information. For a description of these functions, please review the Business Center User Types and Privileges. Each authorized user will be assigned a User ID and password. Maintaining the security of all User Ids and passwords is essential to avoiding accidental or unauthorized disclosures that could have serious adverse consequences. By enrolling in and using BCS, your company and those whom it authorizes to access and manage its account(s) accept sole responsibility for the security of your account information and the use of BCS. Accordingly, XO will have no liability to you or others with regard to your failure to maintain the security of your account information or the risks associated with using BCS.
  • BCS includes the ability to place additional service orders and acquire, review and pay your XO invoices on line.. These features are designed to supplement existing processes and paper-based invoices with on-line capabilities. After you enroll in BCS, you still may continue to order additional service via traditional means or receive paper-based invoices for your services. If you pay on-line, XO will secure and protect your payment information by employing commercially customary web-based security and encryption protocols.
  • In addition, the use of BCS shall be subject to XO's Legal and Privacy policies and statements.
  • Any Dispute(s) arising out of your use of XO services or BCS shall be resolved in accordance with the terms and conditions of your agreement(s) with XO or, in the absence thereof, in accordance with the XO Legal Statement.
  • XO reserves the right, in its sole discretion, to terminate BCS, including any feature or capability thereof, at any time.
  • XO may modify the BCS terms and conditions by furnishing you with at least thirty (30) days notice of any proposed change by an e-mail sent to your address of record. You will be bound by any change made if you continue to use BCS after the effective date of the change. If you are dissatisfied with any proposed change, you should discontinue using BCS and contact Customer Care within the notice period to advise of your intent to terminate your use of BCS. Information on contacting Customer Care can be found at http://www.xo.com/contact/care/.
  • Subject to the XO Privacy statement, if you provide XO with an e-mail address when you enroll in BCS, you may receive periodic notices via e-mail about BCS or XO services and related offerings. Your enrollment in BCS and furnishing of an e-mail address entitles XO to contact you about BCS or other XO services.
  • In the course of XO providing your company with communications services generally, and specifically through BCS, XO maintains certain billing and usage-related information about the volume, type and destination of communications services your company uses. Your company has a right, and XO has a duty, to protect the confidentiality of this information. This information may be useful to tailor products and services to your company's needs and to enhance XO's ability to meet those needs. By enrolling in and using BCS, you agree that XO may use your company's billing and usage-related information, whether in electronic or paper-based form, to offer other XO (or its affiliates') products to satisfy your communications requirements and better respond to your concerns if you become dissatisfied or cancel any service. Your company's decision to use BCS and to participate in this program is completely voluntary, and your decision will not affect the quality of service provided. XO will honor your choice until you expressly inform it otherwise.
  • BCS is provided on an ”as is” basis. You acknowledge and accept that communications and transactions conducted on-line may not be totally secure, that there may be system failures that limit your ability to access BCS, and that BCS is not guaranteed to be error free. By enrolling in and using BCS, you agree to accept all responsibility and risk associated with the use of BCS and the Internet generally, and to pay for services you order via BCS. XO disclaims all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or via, BCS, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. XO does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall XO (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action.
  • You agree to comply with all applicable laws, regulations and other legal requirements.

    YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND XO FOR BCS, AND THAT IT MAY BE AMENDED IN ACCORDANCE WITH THE TERMS STATED ABOVE. BY CLICKING "ACCEPT" BELOW YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND YOU AND/OR YOUR COMPANY TO THESE TERMS AND CONDITIONS.