Data Service. This section applies only to those customers who subscribe to Data Services from Ziply Fiber.
i) You acknowledge that the Data Service may be offered on a tiered basis and each tier may have throughput limits (namely, limits on the maximum rate at which you may send and receive data at any time), consumption limits (namely, limits on the amount of data that you may send or receive during the course of a month or shorter periods) and other similar limits, all as set forth in the Price List or the Terms of Use. You agree that Ziply Fiber may change the throughput, consumption and other applicable limits of any tiers by amending the Price List of the Terms of Use. Your continued use or payment for the Data Service will constitute your acceptance of any new limits. You also agree that Ziply Fiber may use technical means, including but not limited to suspending or reducing the speed of your service, to ensure compliance with these limits and the Terms of Use, and that Ziply Fiber may move you to a higher tier of Data Service or impose other charges and fees if your use exceeds these limits. You further agree that Ziply Fiber has the right to monitor your usage patterns to facilitate the provision of the Data Service and to secure your compliance with the Terms of Use. Ziply Fiber may take such steps as it determines appropriate in the event your usage of the Data Service does not comply with the Terms of Use.
ii) You acknowledge that, although the Data Service provides a connection to the Internet, the Internet is an international computer network that is not owned, operated or managed by, or in any way affiliated with Ziply Fiber. Ziply Fiber cannot and does not guarantee that the Data Service will provide Internet access that is sufficient to meet your needs. You understand that any speeds mentioned in connection with the Data Service are “up to” the mentioned speed and are not guaranteed. The actual speed and reliability of the Data Service can be affected by a number of factors, including, without limitation, the level of network traffic, the number and type of devices in use at any one time in your house, the distance between your device and any wireless transmitting equipment, the capacity of the server you are attempting to connect to across the internet, and configuration of your computer or other device.
iii) You acknowledge that the Data Service provides a connection to the Internet that may be unfiltered and that Ziply Fiber neither controls nor assu...
Data Service. No license is granted herein with respect to the use of the Mark xx a trademark on the Applications or the Equipment or with respect to any other mark xxxed or used by Licensor or Cellemetry, including, but not limited to, CELLEMETRY or the Bell Xxxbol logo.
Data Service. The parties anticipate that the number of Cellular Service Areas will expand, and Company shall not pay any additional amounts hereunder due to such expansion. Should Company wish to provide the Services using Cellemetry(R) Data Service in other Cellular Service Areas or in other countries, it may request that Cellemetry enter into a separate agreement. Cellemetry may, but shall not be obligated to, negotiate and enter into such an agreement. [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.]
Data Service. Company agrees to submit to Cellemetry all representative copies of, advertising, sales promotion, press releases and other publicity matters relating to the purposes of this Agreement wherein Cellemetry's name, marks, or logo, or the name or mark xx any Cellemetry Company is mentioned or language from which the connection of said names, marks, or logo therewith may be inferred or implied. Cellemetry shall not be entitled to reimbursement by Company for any approved use of the logo. Company agrees not to publish or use such advertising, sales promotion, press releases, or publicity matters without Cellemetry's prior written approval.
Data Service. If your rate plan includes data, subject to the limitations in this Agreement, you will be able to browse the internet and access wireless services, content and apps, including those that enable sending and receiving of emails, use of GPS navigation, streaming of video, and other customary mobile internet-enabled capabilities (“Data Service”). Services provided via the Data Service may be provided by Liberty or its affiliates, assignees, successors, or by third parties subject to service- specific terms and conditions.
Data Service. 5.1 The Operator may elect to utilise the Data Service on written notice to Marketplacer on the terms set out in Exhibit 3 as may be updated by Marketplacer on at least 30 days’ written notice from time to time.
Data Service. Company agrees to submit to Cellemetry all representative copies of, advertising, sales promotion, press releases and other publicity matters relating to the purposes of this Agreement wherein Cellemetry's name, marks, or logo, or the name or mark xx any Cellemetry Company is mentioned or language from which the connection of said names, marks, or logo therewith may be inferred or implied. Cellemetry shall not be entitled to reimbursement by Company for any approved use of the logo.
Data Service. Data Service may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers’ access to the network, or degrading network performance. For example, this includes, but is not limited to: server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; “auto- responders,” “cancel bots,” or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the Data Service as a substitute or backup for private lines or full-time or dedicated data connections; peer- to-peer (P2P) file sharing services; and software or other devices that maintain continuous active internet connections when a connection would otherwise be idle or any “keep alive” functions. Data Service also may not be used with high bandwidth applications, services and content that are not optimized to work with Data Service and therefore, disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices; web broadcasting; and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices. If you use your unlimited data plan in any manner that is prohibited, we may migrate you from an unlimited data plan to a tiered data plan and charge you the appropriate monthly fees.
Data Service. Data Service usage is calculated and billed in full KB or MB increments, as applicable, based on your rate plan. Actual data usage is rounded up to the next full KB or MB at the end of each data session for billing purposes. AT&T calculates a full KB or MB usage for every fraction of the last KB or MB of data usage occurring in each session. The full KBs or MBs calculated for each data session during a billing period are added together to determine billing. Network overhead, software update requests, email notifications, and resend requests caused by network errors can increase measured KBs or MBs. A data session started on our network will continue until the session ends, even when you connect to a Wi-Fi network after the session starts. For example, if you start to download an audio file using cellular data and then connect to a Wi-Fi network while the audio file is still downloading, your audio file will continue to finish downloading over the cellular network. Your bill may not separately identify the data usage attributable to your use of specific sites, sessions or services used.
Data Service. LiveVol will use commercially reasonable efforts to make available to Subscriber via one or more application programming interfaces (collectively, the “API”), one or more information Service specified by Subscriber in one or more API Order Form(s) (collectively, the “Service”). The Service includes data and other information provided by third-party suppliers (each a “Data Supplier”) and/or LiveVol (any and all such data and information provided via the API collectively, “Data”). Subscriber shall submit an API Order Form to specify the desired Service, and a new API Order Form for any new Service it desires to receive.
