8x8 End User
(Updated on February 7, 2018)
Your compliance with these TOU’s is a condition to 8x8’s obligation to make the 8x8 Platform available. IF YOU DO NOT AGREE TO THE TOU’s, THEN DO NOT ACCESS OR USE (OR AUTHORIZE ANYONE TO ACCESS OR USE) THE 8X8 PLATFORM AND CONTACT YOUR ADMINISTRATOR.
THESE TOU’S ALSO INCLUDE IMPORTANT INFORMATION REGARDING YOUR ACCESS TO AND USE OF EMERGENCY SERVICES (i.e., 911, 999, 112, 000, etc.), INCLUDING LIMITATIONS RELATIVE TO TRADITIONAL TELEPHONE SERVICES.
1. USE RESTRICTIONS
You agree as follows:
- Not to take any action or omission that would reasonably be expected to (1) disrupt or compromise the integrity or security of the 8x8 Platform, the network of an 8x8 partner or vendor, or the privacy of any other 8x8 customer or (2) cause imminent and material damage to 8x8 or any of 8x8’s partners, vendors or other customers;
- Not to use or access the 8x8 Platform:
- for any fraudulent, criminal, defamatory, harassing or tortious purpose, or to participate in or promote any illegal activity;
- to breach, violate or infringe intellectual property, privacy or other rights, or misappropriate the property of, any third party;
- to transmit or store any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware or similar programs or materials;
- to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value; or
- to transmit or broadcast unsolicited, or “junk” or “spam,” marketing or promotional materials or messages through pre-recorded voice messages, SMS, facsimile or other means, other than in compliance with all applicable laws, regulations, codes, ordinances, treaties, conventions, and court and administrative orders and rulings (collectively, “Laws”);
- Not to inspect, possess, use, copy, reverse engineer, or attempt to discover the source code of or used to create any program or other component of the 8x8 Platform, except as expressly permitted by applicable Laws;
- Not to attempt to hack or gain unauthorized access to any network, environment, or system of 8x8 or any of 8x8’s partners, vendors or other customers;
- Not to sell, resell, license, sublicense, distribute, offer, rent or lease the 8x8 Platform, or otherwise make the 8x8 Platform or any part thereof available to any third party, or use the 8x8 Platform as an agent or on behalf of any party other than Customer and any permitted affiliates;
- Not to access the 8x8 Platform in order to build a competitive product or for the primary purpose of monitoring its availability, performance or functionality, or for benchmarking or competitive purposes;
- Not to trunk or forward extensions or numbers associated with the 8x8 Platform to a private branch exchange or key system or to other numbers that can process multiple calls simultaneously.
2. INTELLECTUAL PROPERTY RIGHTS AND LICENSES
All rights, title and interest in and to the 8x8 Platform, including intellectual property rights, will remain with 8x8 and belong exclusively to 8x8. Subject to the terms of Customer’s Service Agreement, and your compliance with these TOUs, 8x8 grants you (through Customer) a limited, non-exclusive, non-transferable license to use software applications provided in connection with the 8x8 Platform during the term of the Service Agreement.
You hereby assign to 8x8 all right, title and interest (including intellectual property rights) in and to any new feature improvement, suggestion, enhancement request, recommendation, correction, idea or other feedback that you may provide to 8x8 relating to the 8x8 Platform (collectively, “Feedback”), and you agree that 8x8 shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever without compensation to you.
3. EMERGENCY SERVICES
8x8 provides Voice over IP-based communications services that support access to emergency services numbers (e.g., 911 in the United States, 999 in the United Kingdom, 112 in the European Union, 000 in Australia, etc.) for all inbound/outbound fax and voice service plans offered by 8x8 on the 8x8 Platform (each, an “Emergency-Enabled Service”) in the United States, United Kingdom, Canada, Australia and certain other jurisdictions. Emergency-Enabled Service functions differently than traditional telephone service. Emergency-Enabled Service and some of its limitations are described below.
3.1 8x8 Emergency-Enabled Service.
IP Desk Phones and Soft Phones: Emergency-Enabled Service for IP desk phones and soft phones, such as the 8x8 Virtual Office Desktop application, works by routing an emergency call to the appropriate local emergency service operator based on the physical location for the IP desk phone or soft phone specified by the Customer. In some countries, the emergency call may go to an intermediary third-party call center prior to being directed to the appropriate local emergency service operator. You must ensure that the physical location information for your IP desk phone or soft phone is accurate. Failure to update the physical location when an IP desk phone or soft phone is moved will result in emergency calls being routed to the incorrect local emergency service operator. You can update the physical location on 8x8.com, the account management portal, the settings function of 8x8 Virtual Office Desktop, or by contacting 8x8 Customer service. In case the local emergency service operator is not equipped to receive your physical location information and telephone number automatically from 8x8, you should be prepared to provide this information.
8x8 Virtual Office Mobile Application: If you attempt to place an emergency call from the 8x8 Virtual Office mobile application, the call will be automatically re-directed to the native dialer on the mobile phone, and the call will be handled by the phone’s wireless service provider, if wireless service is available. If wireless service is unavailable, the emergency call cannot be placed.
3.2 Limitations for 8x8 Emergency-Enabled Service.
The following are some examples of the limitations of Emergency-Enabled Service:
- Power and Broadband Outages: Emergency-Enabled Service will not function in the event of a broadband, power or ISP service failure or disruption. If there is an interruption in the power supply, a power surge or a power failure, the Emergency-Enabled Service will not function until power is restored. A power failure, power surge or power disruption may require you to reset or reconfigure equipment prior to using the Emergency-Enabled Service, including to make emergency calls.
- Service Suspension or Termination by 8x8: Termination or temporary suspension of service by 8x8, or Customer’s cancellation of service, will disable ALL 8x8 service, including the ability to make Emergency-Enabled Service calls.
4. DATA PRIVACY
Your covenants under these TOUs are for the express benefit of 8x8. 8x8 makes no representation or warranty, and shall have no liability, to you pursuant to these TOUs.