Portal Terms of Use

Acceptance of the Terms of Use

Zayo Group. LLC and its affiliates (collectively, the "Company," "Zayo," "we," "us" or “our”) provide these terms of use for the Company portal, including any content, functionality and services offered on or through the Company portal (“Portal”). The following terms and conditions, as modified from time to time (the “Terms of Use”), together with the Company’s Privacy Policy, Master Customer Agreement and schedule, or other Company approved agreements or methods of purchasing products or services (collectively, “Agreement”), govern access to and use of the Portal. Only users expressly authorized by the Company, including customer-registered users (as identified in the Agreement(s)) (referred to as “you” or “your” in these Terms of Use) may use the Portal. Please read these Terms of Use carefully before using the Portal.

By using the Portal you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here:

https://allstream.com/legal-policies/privacy/, incorporated herein by reference.

Changes to the Terms of Use

The Company may revise and update these Terms of Use from time to time in its sole discretion. All changes shall be effective immediately upon the revised Terms of Use being posted and made publicly available. Your use of the Portal constitutes acceptance of the then-applicable Terms of Use.

License

The Portal, including the content provided through it, is the property of Company or Company’s Licensors, if applicable. Subject to these Terms of Use, we grant you a limited, non-exclusive, fully revocable, non-transferrable, and non-sub-licensable license to use the Portal for your internal purposes only. This license shall remain in effect for the duration of the Service Term. This License does not grant you any rights to use the Company trademarks, service marks, trade names, logos, domain names, or any other features of the Company brand, whether for commercial or non-commercial use.

Accessing the Portal and Account Security

The Company reserves the right to withdraw or amend the Portal, including any service or material we provide on the Portal, in its sole discretion without notice. We will not be liable if for any reason all or any part of the Portal is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Portal, or the entire Portal.

You are responsible for:

Making all arrangements necessary for you to have access to the Portal.
Ensuring that all persons who access the Portal through your internet connection are aware of these Terms of Use and comply with them.

To access the Portal or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Portal that all the information you provide on the Portal is correct, current and complete. You agree that all information you provide to register with the Portal, including but not limited to the use of any interactive features on the Portal, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are responsible for treating your user name and password as confidential. You also acknowledge that your account is personal to you and agree not to provide an unauthorized third party access to the Portal or portions of it using your user name and password or otherwise. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Company has the right to disable any user name, password or other identifier in its sole discretion for any or no reason, including but not limited to if, in its opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Portal and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

If you wish to make any use of material on the Portal other than that set out in this section, please address your request to: regulatorynotice@allstream.com.

If you print, copy, modify, download or otherwise use or provide a third party with access to any part of the Portal in breach of the Terms of Use, your right to use the Portal will cease immediately. No right, title or interest in or to the Portal or any content on the Portal is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Portal not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

You may not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. The Company’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Portal are the trademarks of their respective owners.

Prohibited Uses

You may use the Portal only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Portal:

In any way which violates any applicable federal, state, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S, Canada or other countries).
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Portal, or which, as determined by Company, may harm the Company or users of the Portal or expose them to liability.

Additionally, you agree not to:

Use the Portal in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Portal, including their ability to engage in real time activities through the Portal.
Use any robot, spider or other automatic device, process or means to access the Portal for any purpose, including monitoring or copying any of the material on the Portal.
Use any manual process to monitor or copy any of the material on the Portal or for any other unauthorized purpose without the Company’s prior written consent.
Use any device, software or routine that interferes with the proper working of the Portal.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Portal, the server on which the Portal is stored, or any server, computer or database connected to the Portal.
Attack the Portal via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Portal.

Reliance on Information Posted

Although the Company makes commercially reasonable efforts to ensure the accuracy of information contained in the Portal, no representation or warranty, express or implied, is made as to the accuracy, timeliness or reliability of the information contained in the Portal. Nothing contained in the Portal is or shall be relied upon as a promise or representation as to performance or events. The information set forth in the Portal is subject to change and does not purport to contain all information that may be required to fully evaluate the services provided. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Portal, or by anyone who may be informed of any of its contents.

Changes to the Portal

We may update the content on the Portal from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Portal may be out of date at any given time, and we are under no obligation to update such material.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Portal will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PORTAL, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL IS AT YOUR OWN RISK. THE PORTAL, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PORTAL. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PORTAL, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Portal is to stop using the Portal.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PORTAL, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PORTAL MORE THAN THE AMOUNTS PAID BY YOU TO COMPANY DURING THE PRIOR MONTH IN QUESTION.

Nothing in these Terms of Use removes or limits the Company’s liability for fraud, fraudulent misrepresentation, or death or personal injury caused by its gross negligence. Some aspects of this section may not apply in some jurisdictions.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and the Agreement constitute the sole and entire agreement between you and Company with respect to the Portal and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Portal.