1. Passive Conduit Role
    The Parties hereby acknowledge and agree that:(i) Valley Electric/Valley Communications role in regards to Customer Communications and any contents thereof shall be that of a passive conduit; and (ii) Any storage of Customer Communications and/or Account Data by Valley Electric/Valley Communications shall merely be performed as a convenience to You and as a complement to and incidental to Valley Electric/Valley Communications core data transmission function.
  2. Disclaimer of Data Storage Responsibilities
    You acknowledge and agree that: (i) Valley Electric/Valley Communications is under no obligation to store, back-up, retain, or ensure availability of any stored Account Data and/or Customer Communications; (ii) to the extent that You wish to preserve any Account Data or other information concerning Your Plan Services, any Account, or the use thereof, You shall confirm that such information is saved, backed up, and/or downloaded outside of Your Plan Services Account, as appropriate or necessary for the purposes of You and/or the End Users;
    (iii) You shall not rely on Your Plan Services or Account as a repository for or means by which to back up, store, or retain Account Data or any other information, data, or materials; (iv) Valley Electric/Valley Communications may delete or purge any and all versions and copies of any and all stored Customer Communications and/or Account Data or other information at any time without notice, including without limitation after You delete such information from an Account or following termination of the TOS or closure of an Account; and (v) Valley Electric/Valley Communications may, in its sole discretion and option, without notice, implement reasonable limits in regards to the size or duration of storage of Account Data.
  3. Access to Account Data
    You and Your End Users may obtain Account Data and any saved Customer Communications with Your login credentials using the relevant Valley Electric/Valley Communications administrative or customer portals. Valley Electric/Valley Communications shall not otherwise provide access to You, Your End Users, or Your agents of stored Customer Communications or Account Data, except as otherwise stipulated in any agreement of the purchase of Valley Electric/Valley Communications Office Services, or these TOS, or as required by Law.
  4. Record / Information Gathering and Production
    You acknowledge and agree that the performance of any of the following tasks or work by Valley Electric/Valley Communications is not included in the Plan Services, and in no event shall Valley Electric/Valley Communications be obligated under these TOS to execute any of the following tasks or work: (i) the access, investigation, gathering, compilation, correction, alteration, review, production, or verification of any Customer Communications, Account Data, or any other records, information, documents, or evidence related to You or Your Plan Services
    or received, transmitted, or stored through an Account; (ii) the provision of counsel, legal or otherwise; or (iii) the provision of assistance, cooperation, or information beyond that which is specifically and directly associated with Valley Electric/Valley Communications fulfillment of its obligations under this TOS agreement or pursuant to applicable law. Except as furnished herein or required by Law, Valley Electric/Valley Communications is not obligated to:

    • a. prove, disprove, or determine any fact or claim;
    • b. defend against or pursue any claim, action, lawsuit, allegation, demand, or proceeding;
    • c. substantiate any party’s compliance in respect to any Law or Legal Process;
    • d. respond to or comply with any demand or request;
    • e. (v) conduct any surveillance, or (vi) identify any party.
  5. Export of Account Data
    You acknowledge and agree that any Account Data, stored Customer Communications, or other materials or information that You export will not be under Valley Electric/Valley Communications control and shall not be subject to or protected by Valley Electric/Valley Communications security controls. You and Your End Users shall comply with all applicable Law relating to use, disclosure, access, or export of data from Your Account or the Plan Services.
  6. Release
    You hereby release, discharge, and hold harmless Valley Electric/Valley Communications from and against any and all liability relating to or arising from any and all acts or omissions in accordance with this Section entitled “Treatment of Customer Communications, Content, and Account Data.”