Abuse or Fraudulent Use of the Services. Xxxx Deere may restrict or cancel, at its sole discretion, Customer’s Services under this Contract if there is a reasonable suspicion of Abuse or Fraudulent Use. Customer will not abuse or make fraudulent use of the Services, and agrees (a) not to engage or participate in, or permit, any Abuse or Fraudulent Use of the Services, (b) to promptly report to Dealer (or to Xxxx Deere if Customer is a Dealer) any such Abuse or Fraudulent Use of which Customer becomes aware, and (c) to cooperate in any investigation or prosecution relating to any Abuse or Fraudulent Use initiated by Xxxx Deere, Dealer, legal representatives of Xxxx Deere, or any Underlying Wireless Provider. Customer is solely liable for charges, costs or damages resulting from Abuse or Fraudulent Use. “Abuse or Fraudulent Use” of the Services includes, but is not limited to: (i) Accessing, altering, or interfering with the communications of and/or information about another customer of Xxxx Deere, any Dealer, or any Underlying Wireless Provider or attempting or assisting another person or entity to do or attempt any of the foregoing; (ii) Rearranging, tampering with or making an unauthorized connection to any Underlying Wireless Provider’s network; (iii) Installing any amplifiers, enhancers, repeaters, or other devices that modify the radio signals or frequencies upon which the Services are provided or operating the System Hardware in a manner that violates applicable law or governmental regulation; (iv) Using Services in such a manner so as to interfere unreasonably with the use of service by one or more other customers o r end users or to interfere unreasonably with Xxxx Deere’s or any Underlying Wireless Provider’s ability to provide service; (v) Using Services to convey obscene, prurient, defamatory, salacious, or unlawful information or copyrighted content that is not the property of Customer; (vi) Using Services without permission on a stolen or lost device; (vii) Unauthorized access to Services or any Underlying Wireless Provider’s service; (viii) Using the Services to provide voice over IP services, or tethering or tapping into the Services to provide telemat ic services other than the Services; (ix) Using any scheme, false representation or false credit device, with the intent to avoid payment, in whole or in part, for Services; (x) Excessive use of the Services (e.g., frequency of data uploads or downloads or pings) beyond what Xxxx Deere enables via the Web Functions or other compatible System controls; (xi) Unauthorized modification of System Hardware, Terminal, System Hardware settings, or System Software; (xii) Using the Services outside the Customer’s authorized areas; (xiii) Causing the System Hardware to be installed by any person or entity other than a Dealer or other Xxxx Deere-certified System Hardware installer qualified by Xxxx Deere; (xiv) Unauthorized access to, use of, alteration of, or destruction of the System data files, programs, procedures, or information related to Customer or any other Xxxx Deere customer, (xv) Use with the intent to reverse engineer or clone the System, or any attempt to create a substitute or similar service through use of, or access to, the Services; (xvi) Use for any unlawful, illegal or fraudulent purpose; (xvii) Tracking the location of any person without first obtaining all necessary approvals from such person to permit the Customer and Xxxx Deere to track such location; or (xviii) For Systems including satellite communication functionality, (a) any mechanisms, including pricing differentials, intended to divert to any destination other than Xxxx Deere’s satellite communication provider’s (the “Satellite Provider”) gateway any inbound satellite traffic (including any voice or data call that is originated from the Satellite Provider’s authorized product or device including attempted calls to a +8816 or +8817 number which is destined to terminate or be routed through the Satellite Provider’s gateway or any carrier, IS C or IXC on behalf of the Satellite Provider) originating from a Public Switched Telephone Network (“PSTN”) and currently routed to the Satellite Provider’s gateway and then forwarded to Satellite Provider subscribers or (b) any mechanisms intended to bypass Satellite Provider gateways for routing of calls through any PSTN, PLMN, PTT, IXC or other telecommunications provider or (c) any other act or mechanism which the Satellite Provider determines in its sole judgment constitutes network abuse or otherwise has a potentially damaging effect, including abnormal wear and tear, on the Satellite Provider’s communications system or causes or could potentially cause abnormal call service performance or call and/or network congestion. To the extent permitted under applicable law, Customer will not be credited or refunded any charges for Services interruptions resulting from any restriction or cancellation of Services under this Section or any prepayment for Services during the period of such restriction or following such cancellation.
Appears in 1 contract
Samples: Field Connect Subscription Contract
Abuse or Fraudulent Use of the Services. Xxxx Deere may restrict or cancel, at its sole discretion, Customer’s Services under this Contract if there is a reasonable suspicion of Abuse or Fraudulent Use. Customer will not abuse or make fraudulent use of the Services, and agrees
(a) not to engage or participate in, or permit, any Abuse or Fraudulent Use of the Services, (b) to promptly report to Dealer (or to Xxxx Deere if Customer is a Dealer) any such Abuse or Fraudulent Use of which Customer becomes aware, and (c) to cooperate in any investigation or prosecution relating to any Abuse or Fraudulent Use initiated by Xxxx John Deere, Dealer, legal representatives of Xxxx Deere, or any Underlying Wireless Provider. Customer is solely liable for charges, costs or damages resulting from Abuse or Fraudulent Use. “Abuse or Fraudulent Use” of the Services includes, but is not limited to:
(i) Accessing, altering, or interfering with the communications of and/or information about another customer of Xxxx John Deere, any Dealer, or any Underlying Wireless Provider or attempting or assisting another person or entity to do or attempt any of the foregoing;
(ii) Rearranging, tampering with or making an unauthorized connection to any Underlying Wireless Provider’s network;
(iii) Installing any amplifiers, enhancers, repeaters, or other devices that modify the radio signals or frequencies upon which the Services are provided or operating the System Hardware in a manner that violates applicable law or governmental regulation;
(iv) Using Services in such a manner so as to interfere unreasonably with the use of service by one or more other customers o r or end users or to interfere unreasonably with Xxxx John Deere’s or any Underlying Wireless Provider’s ability to provide service;
(v) Using Services to convey obscene, prurient, defamatory, salacious, or unlawful information or copyrighted content that is not the property of Customer;
(vi) Using Services without permission on a stolen or lost device;
(vii) Unauthorized access to Services or any Underlying Wireless Provider’s service;
(viii) Using the Services to provide voice over IP services, or tethering or tapping into the Services to provide telemat ic telematic services other than the Services;
(ix) Using any scheme, false representation or false credit device, with the intent to avoid payment, in whole or in part, for Services;
(x) Excessive use of the Services (e.g., frequency of data uploads or downloads or pings) beyond what Xxxx John Deere enables via the Web Functions or other compatible System controlsreasonably expects;
(xi) Unauthorized modification of System Hardware, Terminal, System Hardware settings, or System Software;
(xii) Using the Services outside the Customer’s authorized areas;
(xiii) Causing the System Hardware to be installed by any person or entity other than a Dealer or other Xxxx Deere-certified System Hardware installer qualified by Xxxx John Deere;
(xiv) Unauthorized access to, use of, alteration of, or destruction of the System data Data files, programs, procedures, or information related to Customer or any other Xxxx Deere customer,
(xv) Use with the intent to reverse engineer or clone the System, or any attempt to create a substitute or similar service through use of, or access to, the Services;
(xvi) Use for any unlawful, illegal or fraudulent purpose;
(xvii) Tracking the location of any person without first obtaining all necessary approvals from such person to permit the Customer and Xxxx Deere to track such location; or
(xviii) For Systems including satellite communication functionality, (a) any mechanisms, including pricing differentials, intended to divert to any destination other than Xxxx Deere’s satellite communication provider’s (the “Satellite Provider”) gateway any inbound satellite traffic (including any voice or data call that is originated from the Satellite Provider’s authorized product or device including attempted calls to a +8816 or +8817 number which is destined to terminate or be routed through the Satellite Provider’s gateway or any carrier, IS C or IXC on behalf of the Satellite Provider) originating from a Public Switched Telephone Network (“PSTN”) and currently routed to the Satellite Provider’s gateway and then forwarded to Satellite Provider subscribers or (b) any mechanisms intended to bypass Satellite Provider gateways for routing of calls through any PSTN, PLMN, PTT, IXC or other telecommunications provider or (c) any other act or mechanism which the Satellite Provider determines in its sole judgment constitutes network abuse or otherwise has a potentially damaging effect, including abnormal wear and tear, on the Satellite Provider’s communications system or causes or could potentially cause abnormal call service performance or call and/or network congestion. To the extent permitted under applicable law, Customer will not be credited or refunded any charges for Services interruptions resulting from any restriction or cancellation of Services under this Section or any prepayment for Services during the period of such restriction or following such cancellation.
Appears in 1 contract
Samples: Telematics Subscription Contract
Abuse or Fraudulent Use of the Services. Xxxx Deere may restrict or cancel, at its sole discretion, Customer’s Services under this Contract if there is a reasonable suspicion of Abuse or Fraudulent Use. Customer will not abuse or make fraudulent use of the Services, and agrees
agrees (a) not to engage or participate in, or permit, any Abuse or Fraudulent Use of the Services, (b) to promptly report to Dealer (or to Xxxx Deere if Customer is a Dealer) any such Abuse or Fraudulent Use of which Customer becomes aware, and (c) to cooperate in any investigation or prosecution relating to any Abuse or Fraudulent Use initiated by Xxxx Deere, Dealer, legal representatives of Xxxx Deere, or any Underlying Wireless Provider. Customer is solely liable for charges, costs or damages resulting from Abuse or Fraudulent Use. “Abuse or Fraudulent Use” of the Services includes, but is not limited to:
(i) Accessing, altering, or interfering with the communications of and/or information about another customer of Xxxx Deere, any Dealer, or any Underlying Wireless Provider or attempting or assisting another person or entity to do or attempt any of the foregoing;
(ii) Rearranging, tampering with or making an unauthorized connection to any Underlying Wireless Provider’s network;
(iii) Installing any amplifiers, enhancers, repeaters, or other devices that modify the radio signals or frequencies upon which the Services are provided or operating the System Hardware in a manner that violates applicable law or governmental regulation;
(iv) Using Services in such a manner so as to interfere unreasonably with the use of service by one or more other customers o r end users or to interfere unreasonably with Xxxx Deere’s or any Underlying Wireless Provider’s ability to provide service;
(v) Using Services to convey obscene, prurient, defamatory, salacious, or unlawful information or copyrighted content that is not the property of CustomerCustomer or to violate the rights of any third party;
(vi) Using Services without permission on a stolen or lost device;
(vii) Unauthorized access to Services or any Underlying Wireless Provider’s service;
(viii) Using the Services to provide voice over IP services, or tethering or tapping into the Services to provide telemat ic services telematic s ervices other than the Services;
(ix) Using any scheme, false representation or false credit device, with the intent to avoid paymentpay ment, in whole or in part, for Services;
(x) Excessive use of the Services (e.g., frequency of data uploads or downloads or pings) beyond what Xxxx Deere enables via the Web Functions or other compatible System controls;
(xi) Unauthorized modification of System Hardware, Terminal, System Hardware settings, or System Software;
(xii) Using the Services outside the Customer’s authorized areas;
(xiii) Causing the System Hardware to be installed by any person or entity other than a Dealer or other Xxxx Deere-certified System Hardware installer qualified by Xxxx Deere;
(xiv) Unauthorized access to, use of, alteration of, or destruction of the Telematic System data files, programs, procedures, or information related to Customer or any other Xxxx Deere customer,
(xv) Use with the intent to reverse engineer or clone the System, or any attempt to create a substitute or similar service through use of, or access to, the ServicesServices (excluding any rights provided to Customer under any applicable copyright or other law);
(xvi) Use for any unlawful, illegal or fraudulent purpose;
(xvii) Tracking the location of any person or device without first obtaining all necessary approvals from such person or owner or person in control or possession of such device to permit the Customer and Xxxx Deere to track such location; or
(xviii) For Systems including satellite communication functionality, (a) any mechanisms, including pricing differentials, intended to divert to any destination other than Xxxx Deere’s satellite communication provider’s (the “Satellite Provider”) gateway any inbound satellite traffic (including any voice or data call that is originated from the Satellite Provider’s authorized product or device including attempted calls to a +8816 or +8817 number which is destined to terminate or be routed through the Satellite Provider’s gateway or any carrier, IS C ISC or IXC on behalf of the Satellite Provider) originating from a Public Switched Telephone Network (“PSTN”) and currently routed to the Satellite Provider’s gateway and then forwarded to Satellite Provider subscribers or (b) any mechanisms intended to bypass Satellite Provider gateways for routing of calls through any PSTN, PLMN, PTT, IXC or other telecommunications provider or (c) any other act or mechanism which the Satellite Provider determines in its sole judgment constitutes network abuse or otherwise has a potentially damaging effect, including abnormal wear and tear, on the Satellite Provider’s communications system or causes or could potentially cause abnormal call service performance or call and/or network congestion. To the extent permitted under applicable law, Customer will not be credited or refunded any charges for Services interruptions resulting from any restriction or cancellation of Services under this Section or any prepayment for Services during the period of such restriction or following such cancellation.
Appears in 1 contract
Samples: Telematics Subscription Contract
Abuse or Fraudulent Use of the Services. Xxxx Deere may restrict or cancel, at its sole discretion, Customer’s Services under this Contract if there is a reasonable suspicion of Abuse or Fraudulent Use. Customer will not abuse or make fraudulent use of the Services, and agrees
agrees (a) not to engage or participate in, or permit, any Abuse or Fraudulent Use of the Services, (b) to promptly report to Dealer (or to Xxxx Deere if Customer is a Dealer) any such Abuse or Fraudulent Use of which Customer becomes aware, and (c) to cooperate in any investigation or prosecution relating to any Abuse or Fraudulent Use initiated by Xxxx Deere, Dealer, legal representatives of Xxxx Deere, or any Underlying Wireless Provider. Customer is solely liable for charges, costs or damages resulting from Abuse or Fraudulent Use. “Abuse or Fraudulent Use” of the Services includes, but is not limited to:
(i) Accessing, altering, or interfering with the communications of and/or information about another customer of Xxxx Deere, any Dealer, or any Underlying Wireless Provider or attempting or assisting another person or entity to do or attempt any of the foregoing;
(ii) Rearranging, tampering with or making an unauthorized connection to any Underlying Wireless Provider’s network;
(iii) Installing any amplifiers, enhancers, repeaters, or other devices that modify the radio signals or frequencies upon which the Services are provided or operating the System Hardware in a manner that violates applicable law or governmental regulation;
(iv) Using Services in such a manner so as to interfere unreasonably with the use of service by one or more other customers o r end users or to interfere unreasonably with Xxxx Deere’s or any Underlying Wireless Provider’s ability to provide service;
(v) Using Services to convey obscene, prurient, defamatory, salacious, or unlawful information or copyrighted content that is not the property of CustomerCustomer or to violate the rights of any third party;
(vi) Using Services without permission on a stolen or lost device;
(vii) Unauthorized access to Services or any Underlying Wireless Provider’s service;
(viii) Using the Services to provide voice over IP services, or tethering or tapping into the Services to provide telemat ic services telematic s ervices other than the Services;
(ix) Using any scheme, false representation or false credit device, with the intent to avoid payment, in whole or in part, for fo r Services;
(x) Excessive use of the Services (e.g., frequency of data uploads or downloads or pings) beyond what Xxxx Deere enables via the Web Functions or other compatible System controls;
(xi) Unauthorized modification of System Hardware, Terminal, System Hardware settings, or System Software;
(xii) Using the Services outside the Customer’s authorized areas;
(xiii) Causing the System Hardware to be installed by any person or entity other than a Dealer or other Xxxx Deere-certified System Hardware installer qualified by Xxxx Deere;
(xiv) Unauthorized access to, use of, alteration of, or destruction of the System data files, programs, procedures, or information related to Customer or any other Xxxx Deere customer,
(xv) Use with the intent to reverse engineer or clone the System, or any attempt to create a substitute or similar service through use of, or access to, the ServicesServices (excluding any rights provided to Customer under any applicable copyright or other law);
(xvi) Use for any unlawful, illegal or fraudulent purpose;
(xvii) Tracking the location of any person or device without first obtaining all necessary approvals from such person or owner or person in control of possession of such device to permit the Customer and Xxxx Deere to track such location; or
(xviii) For Systems including satellite communication functionality, (a) any mechanisms, including pricing differentials, intended to divert to any destination other than Xxxx Deere’s satellite communication provider’s (the “Satellite Provider”) gateway any inbound satellite traffic (including any voice or data call that is originated from the Satellite Provider’s authorized product or device including attempted calls to a +8816 or +8817 number which is destined to terminate or be routed through the Satellite Provider’s gateway or any carrier, IS C ISC or IXC on behalf of the Satellite Provider) originating from a Public Switched Telephone Network (“PSTN”) and currently routed to the Satellite Provider’s gateway and then forwarded to Satellite Provider subscribers or (b) any mechanisms intended to bypass Satellite Provider gateways for routing of calls through any PSTN, PLMN, PTT, IXC or other telecommunications provider or (c) any other act or mechanism which the Satellite Provider determines in its sole judgment constitutes network abuse or otherwise has a potentially damaging effect, including abnormal wear and tear, on the Satellite Provider’s communications system or causes or could potentially cause abnormal call service performance or call and/or network congestion. To the extent permitted under applicable law, Customer will not be credited or refunded any charges for Services interruptions resulting from any restriction or cancellation of Services under this Section or any prepayment for Services during the period of such restriction or following such cancellationcancellation .
Appears in 1 contract
Samples: Field Connect Subscription Contract
Abuse or Fraudulent Use of the Services. Xxxx Deere may restrict or cancel, at its sole discretion, Customer’s Services under this Contract if there is a reasonable suspicion of Abuse or Fraudulent Use. Customer will not abuse or make fraudulent use of the Services, and agrees
(a) not to engage or participate in, or permit, any Abuse or Fraudulent Use of the Services, (b) to promptly report to Dealer (or to Xxxx Deere if Customer is a Dealer) any such Abuse or Fraudulent Use of which Customer becomes aware, and (c) to cooperate in any investigation or prosecution relating to any Abuse or Fraudulent Use initiated by Xxxx Deere, Dealer, legal representatives of Xxxx Deere, or any Underlying Wireless Provider. Customer is solely liable for charges, costs or damages resulting from Abuse or Fraudulent Use. “Abuse or Fraudulent Use” of the Services includes, but is not limited to:
(i) Accessing, altering, or interfering with the communications of and/or information about another customer of Xxxx Deere, any Dealer, or any Underlying Wireless Provider or attempting or assisting another person or entity to do or attempt any of the foregoing;
(ii) Rearranging, tampering with or making an unauthorized connection to any Underlying Wireless Provider’s network;
(iii) Installing any amplifiers, enhancers, repeaters, or other devices that modify the radio signals or frequencies upon which the Services are provided or operating the System Hardware in a manner that violates applicable law or governmental regulation;
(iv) Using Services in such a manner so as to interfere unreasonably with the use of service by one or more other customers o r or end users or to interfere unreasonably with Xxxx Deere’s or any Underlying Wireless Provider’s ability to provide service;
(v) Using Services to convey obscene, prurient, defamatory, salacious, or unlawful information or copyrighted content that is not the property of Customer;
(vi) Using Services without permission on a stolen or lost device;
(vii) Unauthorized access to Services or any Underlying Wireless Provider’s service;
(viii) Using the Services to provide voice over IP services, or tethering or tapping into the Services to provide telemat ic telematic services other than the Services;
(ix) Using any scheme, false representation or false credit device, with the intent to avoid payment, in whole or in part, for Services;
(x) Excessive use of the Services (e.g., frequency of data uploads or downloads or pings) beyond what Xxxx Deere enables via the Web Functions or other compatible System controlsreasonably expects;
(xi) Unauthorized modification of System Hardware, Terminal, System Hardware settings, or System Software;
(xii) Using the Services outside the Customer’s authorized areas;
(xiii) Causing the System Hardware to be installed by any person or entity other than a Dealer or other Xxxx Deere-certified System Hardware installer qualified by Xxxx Deere;
(xiv) Unauthorized access to, use of, alteration of, or destruction of the System data Data files, programs, procedures, or information related to Customer or any other Xxxx Deere customer,
(xv) Use with the intent to reverse engineer or clone the System, or any attempt to create a substitute or similar service through use of, or access to, the Services;
(xvi) Use for any unlawful, illegal or fraudulent purpose;
(xvii) Tracking the location of any person without first obtaining all necessary approvals from such person to permit the Customer and Xxxx Deere to track such location; or
(xviii) For Systems including satellite communication functionality, (a) any mechanisms, including pricing differentials, intended to divert to any destination other than Xxxx Deere’s satellite communication provider’s (the “Satellite Provider”) gateway any inbound satellite traffic (including any voice or data call that is originated from the Satellite Provider’s authorized product or device including attempted calls to a +8816 or +8817 number which is destined to terminate or be routed through the Satellite Provider’s gateway or any carrier, IS C or IXC on behalf of the Satellite Provider) originating from a Public Switched Telephone Network (“PSTN”) and currently routed to the Satellite Provider’s gateway and then forwarded to Satellite Provider subscribers or (b) any mechanisms intended to bypass Satellite Provider gateways for routing of calls through any PSTN, PLMN, PTT, IXC or other telecommunications provider or (c) any other act or mechanism which the Satellite Provider determines in its sole judgment constitutes network abuse or otherwise has a potentially damaging effect, including abnormal wear and tear, on the Satellite Provider’s communications system or causes or could potentially cause abnormal call service performance or call and/or network congestion. To the extent permitted under applicable law, Customer will not be credited or refunded any charges for Services interruptions resulting from any restriction or cancellation of Services under this Section or any prepayment for Services during the period of such restriction or following such cancellation.
Appears in 1 contract
Samples: Telematics Subscription Contract
Abuse or Fraudulent Use of the Services. Xxxx Deere Nutrien may restrict or cancel, at its sole discretion, Customer’s Services under this Contract if there is a reasonable suspicion of Abuse or Fraudulent Use. Customer will not abuse or make fraudulent use of the Services, and agrees
agrees (a) not to engage or participate in, or permit, any Abuse or Fraudulent Use of the Services, (b) to promptly report to Dealer (or to Xxxx Deere if Customer is a Dealer) Nutrien any such Abuse or Fraudulent Use of which Customer becomes aware, and (c) to cooperate in any investigation or prosecution relating to any Abuse or Fraudulent Use initiated by Xxxx DeereNutrien, DealerAdviser, or legal representatives of Xxxx Deere, or any Underlying Wireless ProviderNutrien. Customer is solely liable for charges, costs or damages resulting from Abuse or Fraudulent Use. “Abuse or Fraudulent Use” of the Services includes, but is not limited to:
(ia) Accessing, altering, or interfering with the communications of and/or information about another customer Customer of Xxxx Deere, any DealerNutrien, or any Underlying Wireless Provider Adviser, or attempting or assisting another person or entity to do or attempt any of the foregoing;
(iib) Rearranging, tampering with or making an unauthorized connection to any Underlying Wireless Provider’s network;
(iii) Installing any amplifiers, enhancers, repeaters, or other devices that modify the radio signals or frequencies upon which the Services are provided or operating Operating the System Hardware in a manner that violates applicable law or governmental regulation;
(iv) Using Services in such a manner so as to interfere unreasonably with the use of service by one or more other customers o r end users or to interfere unreasonably with Xxxx Deere’s or any Underlying Wireless Provider’s ability to provide service;
(vc) Using Services to convey obscene, prurient, defamatory, salacious, or unlawful information or copyrighted content that is not the property of CustomerCustomer or to violate the rights of any third party;
(vid) Using Services without permission on a stolen or lost device;
(viie) Unauthorized access to Services or any Underlying Wireless Provider’s service;Services
(viii) Using the Services to provide voice over IP services, or tethering or tapping into the Services to provide telemat ic services other than the Services;
(ixf) Using any scheme, false representation or false credit device, with the intent to avoid payment, in whole or in part, for Services;
(x) Excessive use of the Services (e.g., frequency of data uploads or downloads or pings) beyond what Xxxx Deere enables via the Web Functions or other compatible System controls;
(xig) Unauthorized modification of System Hardware, Terminal, System Hardware settings, or System Software;
(xii) Using the Services outside the Customer’s authorized areas;
(xiii) Causing the System Hardware to be installed by any person or entity other than a Dealer or other Xxxx Deere-certified System Hardware installer qualified by Xxxx Deere;
(xivh) Unauthorized access to, use of, alteration of, or destruction of the System data files, programs, procedures, or information related to Customer or any other Xxxx Deere Nutrien customer,
(xvi) Use with the intent to reverse engineer or clone the System, or any attempt to create a substitute or similar service through use of, or access to, the ServicesServices (excluding any rights provided to Customer under any applicable copyright or other law);
(xvij) Use for any unlawful, illegal or fraudulent purpose;
(xvii) Tracking the location of any person without first obtaining all necessary approvals from such person to permit the Customer and Xxxx Deere to track such location; or
(xviii) For Systems including satellite communication functionality, (a) any mechanisms, including pricing differentials, intended to divert to any destination other than Xxxx Deere’s satellite communication provider’s (the “Satellite Provider”) gateway any inbound satellite traffic (including any voice or data call that is originated from the Satellite Provider’s authorized product or device including attempted calls to a +8816 or +8817 number which is destined to terminate or be routed through the Satellite Provider’s gateway or any carrier, IS C or IXC on behalf of the Satellite Provider) originating from a Public Switched Telephone Network (“PSTN”) and currently routed to the Satellite Provider’s gateway and then forwarded to Satellite Provider subscribers or (b) any mechanisms intended to bypass Satellite Provider gateways for routing of calls through any PSTN, PLMN, PTT, IXC or other telecommunications provider or (c) any other act or mechanism which the Satellite Provider determines in its sole judgment constitutes network abuse or otherwise has a potentially damaging effect, including abnormal wear and tear, on the Satellite Provider’s communications system or causes or could potentially cause abnormal call service performance or call and/or network congestion. To the extent permitted under applicable law, Customer will not be credited or refunded any charges for Services interruptions resulting from any restriction or cancellation of Services under this Section or any prepayment for Services during the period of such restriction or following such cancellation.
Appears in 1 contract
Samples: Agbridge Subscription Contract