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Lumen Developer Center

TERMS OF USE

 

PLEASE READ CAREFULLY - THIS IS A BINDING CONTRACT

LUMEN RESERVES THE RIGHT TO UPDATE THESE TERMS OF USE FROM TIME TO TIME.   CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE UPDATED TERMS OF USE. WE ENCOURAGE YOU TO PERIODICALLY REVIEW THESE TERMS OF USE TO STAY INFORMED OF ANY CHANGES MADE.

By using this site located at https://developer.lumen.com/ or such other location as Lumen may designate, you and the company that you are employed by (“Customer”) agree to the following terms and conditions.  “You” and “Your” will refer to you and to Customer and its employees, agents, Affiliates and other individuals using the API / UI Service on Customer’s behalf. “Affiliate” will mean any entity controlling, controlled by, or under common control with another entity at any time during the Service Period. 

1.        Description.  “API / UI Service” means all web sites and user interfaces, including without limitation all associated features, functionality and underlying software tools related thereto and/or contained therein, and all information contained thereon including, without limitation any application programming interfaces as well as any software applications, libraries or modules (e.g., clients) that You may develop based on any such application programming interfaces and any services provided by Lumen to You in connection therewith.  API / UI Services may provide You access to products and services provided by CenturyLink Communications, LLC d/b/a Lumen Technologies Group or another Affiliate of CenturyLink, Inc. (“Lumen”) (such products and services are referred to herein as, “Lumen Service(s)”), certain of Your Lumen Services and account information, and the ability to submit requests in connection with the Lumen Service(s). If You use  API/UI Service in conjunction with any Lumen Service(s), to place Customer Orders for Lumen Services, or add or modify Lumen Service(s), You are responsible for and agree to all resulting financial and contractual obligations and You agree that any resulting new or modified Lumen Service is subject to (i) the Master Service Agreement(s) and applicable Service Schedule(s) between Lumen and You (or its affiliate if expressly provided for under such affiliate Master Service Agreement); (ii) if You have not entered into a Master Services Agreement with Lumen but have executed a services agreement for applicable services with an affiliate of Lumen ("Affiliate Agreement"), then the terms of the most recent Affiliate Agreement will apply to the Service; in such cases, the current standard Service Schedule (if any) applicable to the Services will apply; (iii) if Lumen and You have not entered into a Master Service Agreement and/or applicable Service Schedule(s) governing the Service and have not entered into an Affiliate Agreement, then Lumen's current standard Master Service Agreement and Service Schedule(s) will govern, copies of which are available at https://www.lumen.com/en-us/about/legal/business-customer-terms-conditions.html (in each case (i)-(iii), “Your Master Service Agreement”); (iv) for any action that would require an Order,  Lumen’s then current Order terms and conditions for the Lumen Service(s) (“Your Order”) and (v) all applicable charges. These Terms of Use shall remain in effect until the termination of Your Master Service Agreement with Lumen or Your Order, as applicable, unless earlier terminated by Lumen at Lumen’s sole and absolute discretion (“Service Period”).

2.        Your Network.  You acknowledge that all of Your premise network infrastructure and equipment (including, but not limited to, routers, switches, firewalls, servers and personal computers) (hereinafter “Your Network”) is Your sole responsibility.  Lumen may provide You with guidelines for Your Network’s minimum system requirements, compatibility, and other information necessary to use the API / UI Service in accordance with these Terms of Use.

 

3.      Intellectual Property.  The API / UI Services and all copyrights, patent rights and all intellectual property rights related thereto are the sole and exclusive property of Lumen.  You are hereby provided a non-exclusive, limited, non-transferrable, personal, revocable (at Lumen’s sole discretion), non-sublicensable, non-assignable right to access and/or use the API / UI Services during the Service Period solely in accordance with these Terms of Use.

 

4.        Disclaimers.  THE API / UI SERVICES ARE PROVIDED “AS-IS” AND LUMEN MAKES NO

REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING USE OF THE API / UI SERVICES AND MAKES NO WARRANTY THAT THE API / UI SERVICES OR USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.  LUMEN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR ANY WARRANTY OF NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.  YOU ACKNOWLEDGE THAT THE API / UI SERVICES MAY INCLUDE VERSIONS OF SOFTWARE, APPLICATION PROGRAMMING INTERFACES, BUGS, VIRUSES AND OTHER ERRORS, MAY HAVE LIMITED FUNCTIONALITY, MAY BE SUBJECT TO INTERRUPTIONS OR DELAYS, MAY NOT PROCESS DATA PROPERLY, MAY NOT OPERATE IN ACCORDANCE WITH ANY SPECIFICATIONS OR DOCUMENTATION, AND/OR MAY NOT SUPPORT YOUR BUSINESS REQUIREMENTS (“ERRORS”).  ANY DOCUMENTATION, USER’S MANUALS, SPECIFICATIONS, AND OTHER MATERIALS SUPPLIED BY LUMEN PERTAINING TO THE API / UI SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. LUMEN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY MATERIALS SUPPLIED IN CONNECTION WITH THE API / UI SERVICES, OR ACCURACY OF ANY RESULTS OR OUTPUT RENDERED BY THE API / UI SERVICES OR THAT THE API / UI SERVICES ARE ERROR-FREE, AND YOU AGREE THAT LUMEN WILL NOT BE LIABLE FOR ANY DAMAGE SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF API / UI SERVICES OR CAUSED BY SUCH ERRORS.  YOU AGREE THAT LUMEN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ON YOUR BEHALF FOR ANY REASON WHATSOEVER.  YOUR USE OF THE API / UI SERVICES IS AT YOUR OWN RISK, AND YOU AGREE THAT ANY AND EVERY FORM OF LIABILITY TO LUMEN IS EXPRESSLY DISCLAIMED. SOLELY IN CONNECTION WITH THE API / UI SERVICES, YOU HEREBY DISCLAIM, WAIVE AND FOREVER DISCHARAGE LUMEN FROM ANY AND ALL WARRANTIES AND INDEMNITIES SET FORTH IN AGREEMENTS BETWEEN YOU AND LUMEN, INCLUDING YOUR MASTER SERVICE AGREEMENT OR YOUR ORDER, OR OTHERWISE AVAILABLE UNDER COMMON OR STATUTORY LAWS.

 

5.        Lumen Services/Lumen Network/Portal Access and Use.  Through use of the API / UI Service, You may have a view into part of the Lumen network such that You can access and view service and account information and utilize available functionality, which functionality may include opening and monitoring trouble tickets, obtaining billing and usage information, placing Your Order(s), changing cache delivery configurations, modifying, adding and deleting connections and bandwidth for existing connections, enabling telephone number management, and other available functionality related to Lumen Services. You will have sole responsibility and liability for the security, administration, and all actions of API / UI Service users.  You will control and be solely responsible for users’ access to, and use of, all information, data, and functionality available using the API / UI Services.  Lumen reserves the right to change the functionality of and the information available through the API / UI Services in its sole and absolute discretion, including adding or removing features or functionality or discontinuing access completely.  Use of information obtained via the API / UI Services (including any use by end users) will be limited and consistent with the confidentiality obligations in these Terms of Use, and You will ensure that any use of information by Your end users is consistent with the foregoing.  Your access to, and use of, the information via the API / UI Service is subject to Lumen’s Acceptable Use Policy and Your confidentiality agreement or non-disclosure agreement with Lumen.  If there is no such confidentiality agreement or non-disclosure agreement between You and Lumen, then You agree that the API / UI Services and all information, data, and documentation associated therewith, including any data or information that You receive using the API / UI Services, constitutes proprietary and confidential information of Lumen, and You agree: (i) not to use such confidential information for any purpose other than explicitly set forth herein; (ii) not to disclose such confidential information to any third party, and (iii) to indemnify and hold Lumen harmless from any claims, liabilities, losses, damages and expenses arising from or related to Your breach of these obligations (i) and (ii), and further, You agree that these obligations (i), (ii) and (iii) will survive in perpetuity, and that Your unauthorized disclosure of such confidential information may cause irreparable harm to Lumen, and as a result thereof, in addition to any other remedies available, Lumen will be entitled to seek injunctive and other extraordinary relief in a court of competent jurisdiction in order to enforce Your obligations hereunder.  Lumen may deny access to any user or group of users, in its sole and absolute discretion, at any time for any or no reason.  You acknowledge that the information compiled for access via the API / UI Service is representative of Lumen Service(s) and network performance only and will not be used to determine the applicability of service level agreement credits or any other remedy whatsoever.  You acknowledge and agree that Lumen may preserve any communications related to your use of the API/UI Service and/or Lumen Developer Center formerly known as the API Marketplace and may also disclose such communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any such communications violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Lumen, its users and the public.

6.     Indemnity.      You will defend, indemnify and hold harmless Lumen its agents, affiliates, customers, employees, directors, investors, shareholders and representatives from any claim, liability, loss or damage arising directly or indirectly from any breach of Your obligations contained herein or any breach of these Terms of Use by You.

 

7.       Limitation of Liability.  WITH THE EXCEPTION OF YOUR INDEMNITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, THE COST OF PURCHASING REPLACEMENT API / UI SERVICES, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS OF USE OR IN CONNECTION WITH THE API / UI SERVICES.  LUMEN WILL HAVE NO LIABILITY FOR ANY CLAIM BY YOU, OR AGAINST YOU BY A THIRD PARTY WHATSOEVER.

 

8.          Prohibitions.  You agree not to perform any of the following activities in connection with the API/UI Services or your use of the Lumen Developer Center:

  • Upload any data or file that is unlawful, vulgar, morally objectionable, obscene, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals).

  • "Stalk" any other person or entity;

  • Harm minors in any way;

  • Upload any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  • Upload any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;

  • Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.