Local DSL Services Product Annex

Local DSL Services Product Annex
LOCAL DSL SERVICES
PRODUCT ANNEX
The following Local DSL Services (“Local DSL Services”) terms and conditions (“Terms and Conditions”), together with
the Sprint Standard Terms and Conditions for Communication Services, as applicable, govern Sprint’s provision of Local
DSL Services to Customer as specified in the Order form (the “Order”). Unless expressly provided otherwise, if a conflict
exists between the Standard Terms and Conditions for Communications Services and these Terms and Conditions, these
Terms and Conditions will control.
1.
Sprint Installation Services. For Sprint-provided installation of Local DSL Services, the following applies:
1.1.
Sprint Responsibilities. Sprint will perform the following services:
A. Provide a list of requirements and a Customer pre-installation checklist that must be confirmed by Customer
at each Customer Premise before installation. “Customer Premise(s)” will include any location, whether
residential or commercial, where Sprint is required to install Local DSL Services for Customer; and
B. Install the equipment and software necessary to initiate the Local DSL Services. Sprint reserves the right to
employ third parties for the actual on-site installation.
1.2.
Limitation of Liability. Except for its negligent or willful acts or omissions, Sprint is not be responsible for any
personal injury or property damage that is caused by or related to the installation of the Local DSL Services.
1.3.
Customer Responsibilities. In addition to Customer’s responsibilities set forth in the Standard Terms and
Conditions for Communication Services or Sprint Master or Custom Services Agreement, Customer agrees as
follows:
A. Customer grants Sprint all necessary consents and permissions necessary to install the Equipment, as defined
below, necessary for Sprint to provide Local DSL Services to Customer.
B. Customer warrants and represents that it owns the Customer Premises or Customer has received permission
from the owner of the Customer Premises to allow Sprint to make any changes to the Customer Premises
needed to install the Equipment and provide the Local DSL Services to Customer and that the use of the
equipment space and associated facilities, conduits and rights-of-way comply with all applicable laws, rules
and regulations, as well as any existing leases or other contractual agreements or rights of others.
C. Customer grants to Sprint or its subcontractors a license to enter the Customer Premises during normal
business hours Monday through Friday to perform installation, repair or maintenance services in support of
the Local DSL Services.
D. Customer is responsible for configuring its Local Area Network (“LAN”), if applicable, so that the Local DSL
Services are available to Customer’s end users at a Customer Premises. Customer is responsible for
configuring Customer equipment to interface with the Local DSL Services, including, but not limited to, PCs,
printers, other routers, switches, servers and hubs. Customer will be responsible for any custom
configurations of its xDSL router that are different from the Sprint standard installation configuration. Sprint
will not be responsible for interference with the performance of Local DSL Services caused by Customer’s
configuration of its xDSL router.
1.4.
Installation Interval
A. Sprint will use commercially reasonable efforts to complete installation of Local DSL Services at each
Customer Premise within any timeframes stated in the Order.
B. Customer agrees that the installation is complete if the post-installation performance check that Sprint
conducts, confirms that an end-user at Customer’s Premises may properly access the Sprint Network via the
Local DSL Services. If Sprint determines that the test is successful at the time of installation, Sprint will
consider the Customer as "In Service” and Sprint will bill activate the Customer as of the In Service date.
2.
Self Installation. “Self Installation” means the Local DSL Services are installed by Customer. If Self-Installation is
available, Sprint will ship the equipment, software, and instructions necessary for Customer to initiate Local DSL
Services. Customer, or its employees or personnel, will be responsible for installing Equipment and software according
to Sprint-provided instructions. Sprint will provide customer service representatives to assist Customer with
installation questions and procedures via a local or toll-free number. If Customer requires that Sprint install the
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necessary equipment and software for Local DSL Services at a particular Customer Premise, Customer will be billed
separately for installation services.
3.
Provision of Services
3.1.
Performance. Sprint will provide the Local DSL Services to Customer through the Sprint network and Sprint
may provide access to the Sprint network from the Customer Premise either directly or through a third party
provider.
3.2.
ADSL Services. ADSL Services are a subset of the Local DSL Services that Customer may order from Sprint.
“ADSL Services” means asymmetric digital subscriber line. A version of DSL in which data flows in
(downstream) faster than it goes out (upstream)
4.
Customer Use of Local DSL Services
4.1.
Customer will not make any illegal use of the Services and will conform to Sprint’s acceptable use policy as
modified from time to time that is available through Sprint’s website http://www.sprint.net/abuse.html.
4.2.
Customer will not permit or allow others to: (i) abuse or fraudulently use Services, including, but not limited to,
unauthorized or attempted access, alteration, or destruction of the Sprint’s customers or other authorized user’s
information; (ii) use Services in such a manner that causes interference, or tampers with another customer’s or
authorized user’s use of the Sprint network; or (iii) use DSL Services in a manner that violates the Sprint
acceptable use policy.
4.3.
Customer may not resell the Services without the written consent of Sprint. Additional terms and conditions may
apply.
4.4.
If Customer fails to comply with this Section, Customer releases Sprint from all liabilities or obligations (including
any warranty or indemnity obligations) and Customer will indemnify Sprint for all costs or damages that Sprint
incurs as a result of Customer’s failure to comply.
5.
Equipment Warranty
5.1.
Sprint warrants that the equipment purchased by Customer for Local DSL Services (the “Equipment”) will be in
good working order and will conform to the requirements necessary to provide Local DSL Services on the date of
installation. During the first year after installation, Sprint will provide replacement Equipment at no charge if the
Equipment purchased by Customer fails to perform properly due to Equipment failure that is not caused by or
related to (i) Customer damage, (ii) third parties, (iii) failure to maintain a suitable environment for the Equipment,
or (iv) changes in Customer’s hardware or software that conflicts with the Equipment. Sprint will provide
Replacement Equipment within a commercially reasonable time period after Customer notifies Sprint.
5.2.
Customer may also be entitled to any separate warranty available from the manufacturer of Equipment. Sprint does
not make any representations regarding the terms, conditions, or qualification standards for coverage under any
manufacturer warranty.
6.
Prices; Additional Charges. The Sprint Local DSL Services Monthly Recurring Charge (MRC) does not include
taxes, surcharges, regulatory program charges, or applicable federal and state non-usage fees. If the pricing in the
Agreement conflicts with the Attachments, the pricing in the Agreement will control. The Sprint Local DSL Services
MRC does not include taxes, surcharges, regulatory program charges, or applicable federal and state non-usage fees.
Contact Sprint customer service for the current, applicable rates.
7.
Availability of Local DSL Services. Local DSL Services are subject to availability as determined solely by Sprint.
Customer must meet each of the requirements set forth in the Local DSL Services welcome packet. Should these
requirements not be met prior to a date scheduled for Sprint-provided installation and cause the installation to be
delayed, Sprint may charge Customer a fee for each additional installation attempt.
8.
Term for Local DSL Services. The Term will begin on the first day of the first complete billing month after both
parties have signed the Order and Sprint has taken all commercially reasonable steps to make the Local DSL Services
available to the Customer. The Term will be stated in the Order between Customer and Sprint.
9.
Sprint Early Termination. Sprint may, without liability, terminate the Local DSL Services (and Customer will not be
responsible for termination liabilities) if: (i) Local DSL Services are not available in Customer’s geographic location;
(ii) Customer equipment is incompatible; (iii) Sprint encounters Equipment installation difficulties; (iv) during or after
the installation of the Local DSL Services at Customer’s Premises, Sprint determines that the Local DSL Services will
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not perform according to Customer’s Order for Local DSL Services, or (v) Sprint discontinues the Local DSL Service,
in which case Sprint will provide Customer with at least 30 days’ written notice.
10. Network Information. The Sprint network gathers information about Internet usage such as the sites visited, session
lengths, bit rates, and number of messages and bytes passed. Sprint uses this information in the aggregate. Sprint may
share this aggregated information with other parties from time to time. Sprint will not disclose any personally
identifiable information regarding Internet usage without Customer's consent unless compelled by court order,
subpoena or to protect its broadband services and facilities.
11. Use of Customer Information. Sprint develops information about the quantity, technical configuration, type,
destination, amount of services you, as a customer of Sprint use, and other information found on Customer’s bill
(“Customer Information”). To serve Customer in the most effective and efficient manner, Sprint may use Customer
Information for purposes of determining and offering other Sprint products and services that may interest Customer.
However, if Customer so desires, Sprint will not use Customer’s Information to offer Customer products and services
that are unrelated to the services Customer currently receives from Sprint. Sprint's use of this information will greatly
enhance its ability to meet Customer’s needs with the best rates, products, and services.
12. Line Repair. Sprint is only required to correct trouble and repair lines on its side of the Network interface. Sprint will
not address/support any maintenance issues on the customer’s side of the CPE (DSL router).
13. IP Addresses. Sprint, as the network operator, retains ownership and control of all IP addresses used in conjunction
with the delivery of Local DSL Services. The IP address, or range of addresses, assigned to a customer may be
reassigned at Sprint’s discretion to maintain network integrity. Sprint will make every reasonable effort to notify
customers subscribing to static IP address service in advance of any such reassignment to prevent loss of connectivity.
14. Third-Party Services. Some components of the Sprint DSL service offering may be provided by third parties and
may be subject to the terms and conditions set forth by those third parties. Please contact a Sprint account
representative for additional details specific to these services and any separate charges that may be associated with
them.
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