SYMANTEC ONLINE SERVICES TERMS AND CONDITIONS
These SYMANTEC ONLINE SERVICES TERMS AND CONDITIONS are entered into as of the Effective Date specified in the Order Confirmation and are made by and between the Symantec entity issuing the Order Confirmation ("Symantec") and the end user of the Online Services ("Customer, "You" or "Your") together, the "Parties". This "Agreement" means collectively these Online Services Terms and Conditions, as well as the specific Service Description for each Online Service as well as any quote, if applicable. In the event of a conflict, the following order of precedence applies: these Online Services Terms and Conditions, any quote (if applicable), and the Service Description.
The Parties agree as follows:
1. DEFINITIONS. Capitalized terms shall have the meanings set forth below.
a) "Affiliate(s)" means, for Symantec, the Symantec group of companies; for Customer it means an entity controlled by, under common control with, or controlling a Party, where control is denoted by having (directly or indirectly) more than fifty percent (50%) of the voting power (or equivalent) of the applicable entity.
b) "Customer Content" means, any information provided by You to use the Online Service, including, but not limited to, Network Data.
c) "Meter" means the applicable unit(s) of measurement by which Symantec sells a Subscription to an Online Service, in effect at the time of the Order Confirmation.
d) "Network Data" means data that Symantec or its Affiliates process, collect, retain and use in order to configure the Online Services, to provide the Online Services, and/or in connection with Your use of the Online Services, including but not limited to time of transaction, User IP address, username, URL, URL category, status (success or error), file type, filter result (allowed or denied), virus ID, and other metadata (e.g. browser software used), and any other network traffic (and related data related) sent to or received from Customer through use of the Online Services, in detail and/or in an aggregated form.
e) "Order Confirmation" means the electronically-generated confirmation that Symantec or its Affiliates sends to You, or your designated reseller, to confirm a purchase of the applicable Online Services, as well as Subscription Term, whether ordered directly from Symantec or through a Symantec authorized reseller.
f) "Online Service" means any Symantec branded solution delivered over the Internet and/or hosted or managed by Symantec, or its Affiliate, and made available via a network, including any Service Component(s)
g) "Personal Data" means the personal data as defined by applicable data protection legislation contained in the Customer Content or the Network Data, or otherwise provided to Symantec by or collected from You, in connection with Symantec’s provision and Your use of the Online Services.
h) "Service Components" means certain enabling software, hardware peripherals and associated documentation which may be separately provided by Symantec as an incidental part of an Online Service.
"Service Description" means Symantec’s published description of an Online Service’s features, including, but not limited to, any service-specific additional terms and requirements, and any accompanying service level agreements ("SLA").
j) "Subscription" means, for purposes of this Agreement, a fixed term right to access, use and/or benefit from an Online Service as defined in each Order Confirmation.
k) "Subscription Term" means the period of time for which a Subscription is valid, as defined in each Order Confirmation.
2. USE OF ONLINE SERVICES.
a) Initial Account and Service Set-Up. You must provide Symantec with all reasonably necessary Customer Content to allow Symantec to provision and deliver each Online Service.
b) Use of Online Services. You or Your Affiliates are permitted to use the Online Services i) for Your internal business purpose, ii) up to the Meter amount for which You have purchased a Subscription, iii) only for lawful business purposes and in compliance with applicable laws, and iv) in accordance with any use limitations defined in the applicable Service Description. If You do not comply with these requirements, Symantec reserves the right to immediately suspend all or part of the Online Services during such non-compliance, without compensation to You of any kind.
c) Use by Third Parties. You are permitted to use the Online Services through third-party consultants, provided such parties are under written obligation to comply with this Agreement, and You assume full responsibility for their actions in connection with such use.
d) Customer Configurations. The Online Services do not include Your configurations, nor policies and procedures implemented and set by You that are available through the Online Services. You acknowledge and agree that You are solely responsible for selecting Your configurations and assuring that the selection conforms to Your policies and procedures and complies with all applicable laws and regulations in jurisdictions in which You are accessing the Online Services.