MICROSOFT 365 TERMS OF USE

MICROSOFT 365 TERMS OF USE

Last Revised: 1/26/2022

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

OVERVIEW

This Microsoft 365 Terms of Use Agreement (this “Service Agreement”) is entered into by and between Hampton Roads Communications, Inc. (DBA HRCT) and you, and is made effective as of the date of electronic acceptance. This Service sets forth the general terms and conditions of your use of the products and services purchased or accessed through HRCT (individually and collectively, the “Services”).

The terms “we”, “us” or “our” shall refer to HRCT. The terms “you”, “your”, “user” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

TERM; TERMINATION

Term. Microsoft 365 Subscriptions shall be effective and continue in full force for a period of one (1) year and will automatically renew upon its anniversary data for a successive twelve (12) month period unless and until termination prior to the anniversary date of each subscription.

Cancellations; Decrements. There are no cancellations and no decrements throughout the contract term regardless of whether the subscription is annual, paid annually or annual, paid monthly.

License Additions. Any licensing additions mid-month are prorated and will add to the total billable quantity for the next month.

ACCOUNT TERMINATION; LIMITATIONS

User-Initiated Cancellation of the Services. You understand and agree that, once you cancel your Microsoft 365 subscription at the end of the term, you will no longer have access to your content, and it may be permanently removed from the Services. Prior to cancellation, it is your responsibility to export, copy, or otherwise collect any desired content from the service before canceling your Microsoft 365 account.

YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES

Intellectual Property. You represent and warrant that you have the necessary rights to any data, software programs, or services that you use in connection with your access or use of the Products and that such activities do not infringe the intellectual property or other proprietary rights of any third party.

Renewal. Your Microsoft 365 services Subscription(s) will auto-renew unless you timely opt out of such auto-renewal.

PROVISIONS SPECIFIC TO MICROSOFT 365

Microsoft Terms and Conditions. We offer a variety of Microsoft products and services (“Products”). The Products are available for purchase as stand-alone products, and some are occasionally included for free with the purchase of other products. Your use of the Microsoft 365 Services through the Cloud Solution Provider platform is subject to the Microsoft Customer Agreement), which is hereby incorporated by reference, including but not limited to terms therein governing privacy and the handling of your data. You hereby consent to the processing of your data and personal data by HRCT, Microsoft, and their respective affiliates, subsidiaries, and service providers. You hereby acknowledge and agree that Microsoft may collect, use, transfer, disclose, and otherwise process your data, including personal data, as described in the Microsoft Customer Agreement.

Use of the Products. You agree to access and use the Products (a) without violating the rights of any third party or purporting to subject HRCT or Microsoft to any other obligations to you or any third party, and (b) solely in a manner that comply with all applicable laws and regulations. You consent for Microsoft to receive and use your information that Microsoft receives in order to provide the Products and uphold its responsibilities under this Agreement. HRCT, and not Microsoft, will provide you with support for the Products.

Domain Name Registration. If you choose to associate the Microsoft 365 service with a domain name, you must maintain your domain name registration in order to send and receive email messages. If the associated domain name expires, your services may no longer function.

Microsoft Marks. You may not use Microsoft’s corporate name, technology names, and trademarks (logos, trade dress, designs, or word marks in stylized form) without Microsoft’s prior written approval.