Disruption of Service. The Service is not fail-safe and is not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Service, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Service. In all other cases of an interruption of the Service, you shall be entitled upon a written request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us. Such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. Except and unless specifically prohibited by law, such credit shall be your sole and exclusive remedy for an interruption of service. Any credits provided by Xxxxx are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Xxxxx.
Appears in 3 contracts
Samples: Residential Internet Service Agreement, Residential Internet Service Agreement, Residential Internet Service Agreement
Disruption of Service. The Service is not fail-safe and is not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Service, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Service. In all other cases of an interruption of the Service, you shall be entitled upon a written request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us. Such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. Except and unless specifically prohibited by law, such credit shall be your sole and exclusive remedy for an interruption of service. Any credits provided by Xxxxx Bloom are at our sole discretion and in no event shall constitute or be construed as a course of conduct by XxxxxBloom.
Appears in 2 contracts
Samples: Residential Internet Service Agreement, Residential Internet Service Agreement
Disruption of Service. The Service is Services are not fail-safe and is are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in of the Service Services could lead to severe injury to business, persons, property, property or environment (“"High Risk Activities”"). These High Risk Activities may include, without limitation, vital business, business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the ServiceServices, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightninglightening, earthquake, wind, ice, extreme weather conditions, conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the ServiceServices. In all other cases of an interruption of the ServiceServices, you shall be entitled upon a written request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically otherwise provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. Except and unless specifically prohibited by lawEXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, such credit shall be your sole and exclusive remedy for an interruption of serviceSUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES. Any credits provided by Xxxxx JTL are at our sole discretion and in no event shall constitute or be construed as a course of conduct by XxxxxJTL.
Appears in 2 contracts
Samples: Business Services Agreement, Terms of Use
Disruption of Service. The Service is Services are not fail-safe and is are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service Services could lead to severe injury to business, persons, property, property or environment (“"High Risk Activities”"). These High Risk Activities may include, without limitation, vital business, business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the ServiceServices, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightninglightening, earthquake, wind, ice, extreme weather conditions, conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the ServiceServices. In all other cases of an interruption of the ServiceServices, you shall be entitled upon a written request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically otherwise provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. Except and unless specifically prohibited by law, such credit shall be your sole and exclusive remedy for an interruption of service. In no event shall company be liable for any direct, indirect, incidental, special, exemplary, consequential or punitive damages from whatever cause, including, but not limited to, loss of business or wages. Any credits provided by Xxxxx Packerland are at our sole discretion and in no event shall constitute or be construed as a course of conduct by XxxxxPackerland.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Disruption of Service. The Service is not fail-safe and is not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Service, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Service. In all other cases of an interruption of the Service, you shall be entitled upon a written request made within sixty thirty (6030) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four twelve (12) consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. Except and unless specifically prohibited by lawEXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, such credit shall be your sole and exclusive remedy for an interruption of service. Any credits provided by Xxxxx are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Xxxxx.SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Disruption of Service. The Service is Service(s) are not fail-safe and is are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service Service(s) could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the ServiceService(s), directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, hurricane, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the ServiceService(s). In all other cases of an interruption of the ServiceService(s), you shall be entitled upon a written request made within sixty (60) days of such interruption, to a pro rata credit for any Service Service(s) interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period as may be specifically provided by law. Such Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service Service(s) interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. Except and unless specifically prohibited by lawEXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, such credit shall be your sole and exclusive remedy for an interruption of serviceSUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE(S). Any credits provided by Xxxxx Streamline are at our sole discretion and in no event shall constitute or be construed as a course of conduct by XxxxxStreamline.
Appears in 1 contract
Samples: Terms and Conditions
Disruption of Service. The Service is Service(s) are not fail-safe and is are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service Service(s) could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the ServiceService(s), directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the ServiceService(s). In all other cases of an interruption of the ServiceService(s), you shall be entitled upon a written request made within sixty (60) days of such interruption, to a pro rata credit for any Service Service(s) interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service Service(s) interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. Except and unless specifically prohibited by law, such credit shall be your sole and exclusive remedy for an interruption of serviceSERVICE(S). Any credits provided by Xxxxx Optic are at our sole discretion and in no event shall constitute or be construed as a course of conduct by XxxxxOptic.
Appears in 1 contract
Disruption of Service. The Service is Service(s) are not fail-safe and is are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service Service(s) could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the ServiceService(s), directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the ServiceService(s). In all other cases of an interruption of the ServiceService(s), you shall be entitled upon a written request made within sixty (60) days of such interruption, to a pro rata credit for any Service Service(s) interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service Service(s) interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. Except and unless specifically prohibited by lawEXCEPT AND UNLESS EXPRESSLY AND SPECIFICALLY PROHIBITED BY LAW, such credit shall be your sole and exclusive remedy for an interruption of service. Any credits provided by Xxxxx are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Xxxxx.SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN
Appears in 1 contract
Disruption of Service. The Service is Services are not fail-safe and is are not designed or intended for use in situations requiring fail-fail- safe performance or in which an error or interruption in the Service Services could lead to severe injury to business, persons, property, property or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the ServiceServices, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our or control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightninglightening, earthquake, wind, ice, extreme weather conditions, conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery deliver of the ServiceServices. In all other cases of an interruption of the ServiceServices, you shall be entitled upon a written request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such a period of time as may be specifically provided by law. Such Unless specifically otherwise provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. Except and unless specifically prohibited by lawEXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, such credit shall be your sole and exclusive remedy for an interruption of serviceSUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES. Any credits provided by Xxxxx Home Telecom are at our sole discretion and in no event shall constitute or be construed as a course of conduct by XxxxxHome Telecom.
Appears in 1 contract
Samples: Service Agreement
Disruption of Service. The Service is Services are not fail-safe and is are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service Services could lead to severe injury to business, persons, property, property or environment (“"High Risk Activities”"). These High Risk Activities may include, without limitation, vital business, business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the ServiceServices, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightninglightening, earthquake, wind, ice, extreme weather conditions, conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the ServiceServices. In all other cases of an interruption of the ServiceServices, you shall be entitled upon a written request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically otherwise provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. Except and unless specifically prohibited by law, such credit shall be your sole and exclusive remedy for an interruption of service. In no event shall company be liable for any direct, indirect, incidental, special, exemplary, consequential or punitive damages from whatever cause, including, but not limited to, loss of business or wages. Any credits provided by Xxxxx Astrea are at our sole discretion and in no event shall constitute or be construed as a course of conduct by XxxxxXxxxxx.
Appears in 1 contract
Samples: Service Agreement
Disruption of Service. The Service is not fail-safe and is not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We ChargePoint shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the ServiceServices, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satelliteany services provided by the cellular carrier; loss of use of poles, or other utility facilitieschanges in reception at your property; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the ServiceServices. In all other cases of an interruption of the ServiceServices directly caused by ChargePoint’s acts or omissions, you shall be entitled upon a written request made within sixty (60) days of such interruption, to a pro rata credit for any Service Services interruption exceeding twenty-four consecutive hours two business days after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service Services interruption and excludes all nonrecurring charges, one-charges (such as Session Fees charged by your Property) and other one- time charges, as well as any regulatory fees and surcharges, taxes and other governmental and quasi-quasi- governmental fees. Except and unless specifically prohibited by lawEXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, such credit shall be your sole and exclusive remedy for an interruption of serviceSUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICES. Any credits provided by Xxxxx ChargePoint are at our its sole discretion and in no event shall constitute or be construed as a course of conduct by XxxxxChargePoint.
Appears in 1 contract