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| 3. | GENERAL RULES AND REGULATIONS | ||||
| 3.1 | UNDERTAKING OF THE COMPANY | ||||
| 3.1.1 | General | ||||
| 3.1.1.1 | The services furnished herein are for the transmission and reception of voice, data and other types of communications. Services provided pursuant to these Terms and Conditions may be utilized only for the transmission of communications by Customers consistent with the terms of these Terms and Conditions, and the rules and regulations of the Federal Communications Commission. | ||||
| a) | The Company undertakes to provide switched Interstate and International Message Telecommunications Service (MTS) in accordance with the terms and conditions specified herein. | ||||
| b) | The Company shall provide Interstate and International Message Toll Service as an integral part of the Company’s MTS service offerings. | ||||
| 3.1.1.2 | Subject to unavoidable network interruptions, the Company shall endeavor to provide services and facilities 24 hours a day, 7 days a week. | ||||
| 3.1.2 | Availability | ||||
| 3.1.2.1 | Service is offered subject to the availability of the necessary facilities and/or equipment of the Company and/or the local exchange carrier serving the customer. The Company reserves the right to provide services to and from locations where the necessary facilities and/or equipment are available. | ||||
| 3.1.2.2 | The Company reserves the right to suspend service or delay service installation until sufficient network facilities are available to meet the anticipated traffic demand, or terminate a service request with a full refund of any charges billed to the Customer if satisfactory arrangements cannot be concluded within what the Company determines to be a reasonable amount of time. | ||||
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| 3. | GENERAL RULES AND REGULATIONS (Continued) | |||
| 3.2 | USE OF SERVICE | |||
| 3.2.1 | Services furnished by the Company may not be used for any unlawful purpose. | |||
| 3.2.2 | No restrictions apply on sharing or resale of services. The Customer remains liable for all obligations under these Terms and Conditions notwithstanding such sharing or resale and regardless of the Company’s knowledge of same. | |||
| 3.2.3 | Use of the services herein in a manner that could interfere with the services provided to other Customers, harm the facilities of the Company or others is prohibited. | |||
| 3.2.4 | In the event that the Company determines, based upon its sole judgment, that there is fraudulent use of either the services furnished by the Company or the Company’s network, the Company will without liability to the Customer discontinue service and/or seek legal recourse to recover from the Customer all costs involved in enforcement of this provision. | |||
| 3.2.4.1 | Service may be discontinued by the Company, without notice to the Customer, by blocking traffic to or from certain cities, or NXX exchanges, or by blocking calls using certain Customer authorization codes, such as calling card codes, which the Company deems, in its sole judgment, is necessary to take such action to prevent unlawful use of its services. The Company will restore service as soon as it can be provided without undue risk. | |||
| 3.2.4.2 | Without incurring any liability, the Company may discontinue the furnishing of service(s) to a Customer immediately and without notice if the Company deems, in its sole judgment, that such action is necessary to prevent or protect against fraud or to otherwise protect its personnel, agents, facilities or services. | |||
| 3.2.5 | The Company may, but is not required to, advise the Customer of abnormal calling patterns or other possible unauthorized use of facilities or calling cards assigned to the Customer. Additionally, the Company may, but is not required to, block calls on authorization codes which the Company believes to be unauthorized or fraudulent. | |||
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| 3. | GENERAL RULES AND REGULATIONS (Continued) | ||
| 3.2 | USE OF SERVICE (Continued) | ||
| 3.2.6 | If a Customer utilizes a dedicated access line between the Customer’s premises and the Company’s service office for the origination or termination of calls, the Customer is responsible for payment of all charges for usage over that access line, including any usage which may be fraudulent or unauthorized. | ||
| 3.2.7 | The use and restoration of service shall be in accordance with Part 64, Subpart D of the Federal Communications Commission’s Rules. | ||
| 3.2.8 | With the use of the Company authorization codes, the Customer agrees to pay the Company all charges incurred as a result of any delegation of authority whether authorized or unauthorized resulting in the use of its Company authorization codes. | ||
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| 3. | GENERAL RULES AND REGULATIONS (Continued) | ||||
| 3.3 | OBLIGATIONS OF THE COMPANY | ||||
| 3.3.1 | Liability | ||||
| Except as provided in this Section, the Company’s sole liability for any claim, loss, expense or damages of any kind, whether direct, indirect, special or consequential, arising from, or in any way attributable to, acts or omissions of the Company relating to the installation, provision, termination, maintenance, repair, restoration, or billing of any service, feature or option available under these Terms and Conditions shall not exceed an amount equal to the monthly recurring charge to the Customer for one (1) month, if any, or as otherwise set forth in the outage credit provisions of these Terms and Conditions provided, however, that: | |||||
| 3.3.1.1 | The Company’s liability for its willful misconduct is not limited by these Terms and Conditions. | ||||
| 3.3.1.2 | The Company is not liable for any failure of facilities or performance of services due to causes beyond its control, including, but not limited to, civil disorder, fire, flood, storm or other natural or man-made disasters or elements, labor problems or regulations issued by or action taken by any government agency having jurisdiction over the Company or its services or equipment. | ||||
| 3.3.1.3 | The Company shall have no liability to any person or entity other than its Customer. | ||||
| 3.3.1.4 | The Company shall not be liable for, and shall be fully indemnified and held harmless by the Customer against the following: | ||||
| a) | Any claim, loss, expense or damage (including, but not limited to, reasonable attorney’s fees and expenses) for engaging in a criminal enterprise, defamation, liable, slander, invasion of privacy, infringement of copyright or patent, arising from, or in connection with, the material, data, information, or other content transmitted over the services or facilities furnished by the Company. | ||||
| b) | Any claim, loss, expense or damage (including, but not limited to reasonable attorney’s fees and expenses) for any act or omission of the Customer or its agents and contractors, or due to the failure of Customer-provided equipment, facilities, systems or services. | ||||
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| 3. | GENERAL RULES AND REGULATIONS (Continued) | ||||
| 3.3 | OBLIGATIONS OF THE COMPANY (Continued) | ||||
| 3.3.1 | Liability (Continued) | ||||
| c) | Any claim, loss, expense or damage (including, but not limited to, reasonable attorney’s fees and expenses) for personal injury or death of any person caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use or removal of equipment or wiring provided by the Company, if not caused by negligence of the Company; and/or | ||||
| d) | Any use by the Customer of the Company’s products or services which use has been restricted or limited by action of a government agency having jurisdiction over the Customer, the Company or its products or services. | ||||
| 3.3.1.5 | All or a portion of the service provided pursuant to these Terms and Conditions may be provided over facilities of third parties, and the Company shall not be liable to the Customer or any other person, firm or entity in any respect whatsoever arising out of errors or defects caused by such third parties. | ||||
| 3.3.1.6 | Where any claim arises out of the Company’s acting as a responsible organization or where the Company’s services are not made available on the date committed to the Customer, or cannot otherwise be made available after the Company’s acceptance of the Customer’s order, or is provided with a number(s) other than the one(s) committed by the Company to the Customer, or the number(s) is not included in the Directory Assistance or is included in an incorrect form, or Vertical Features are not obtained or are obtained in error, and any such failure(s) is due solely to the negligence of the Company, in such case the Company’s liability, if any, is limited to the lesser of (a) the actual monetary damages incurred and proved by the Customer as the direct result of such failure(s), or (b) the sum of $1,000.00. | ||||
| 3.3.1.7 | The Company shall not be liable for the use, misuse or abuse of a Customer’s service by third parties, including, without limitation, the Customer’s employees or members of the public who dial the Customer’s telephone number in error. Compensation for any injury the Customer may suffer due to the fault of others must be sought from such other parties. | ||||
| 3.3.1.8 | Not withstanding Section 3.3.1.5, in the event that the Company causes the misrouting of calls, the Company’s sole liability shall be to provide a credit equal to the charges for the affected calls. | |||||
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