Common use of Fraudulent Calls Clause in Contracts

Fraudulent Calls. End User shall indemnify and hold 800Comms harmless from any and all costs, expenses, damages, claims or actions arising from fraudulent calls of any nature. End User shall not be excused from paying 800Comms for Services provided to End User or any portion thereof on the basis that fraudulent calls comprised a portion of the Services provided to End User. In the event that 800Comms discovers fraudulent calls being made (or reasonably believes fraudulent calls are being made), nothing contained herein shall prohibit 800Comms from taking immediate action (without notice to End User) that is reasonably necessary to prevent such fraudulent calling activity from occurring, including without limitation, denying Services to particular phone numbers or terminating Services to or from specific locations. Provided, however, nothing contained herein will impose any obligation on 800Comms to take any action with respect to fraudulent calls. Customer Acceptance BY SIGNING BELOW, I UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR SERVICE AS DESCRIBED IN THE ATTACHED TERMS AND CONDITIONS AND SERVICE ADDENDUM(S), WHERE APPLICABLE. I UNDERSTAND THAT IF I TERMINATE THIS AGREEMENT PRIOR TO SERVICE ACTIVATION, I WILL OWE CAPTIVE A CANCELLATION FEE. I FURTHER AUTHORIZE CAPTIVE TO OBTAIN BILLING INFORMATION AND CUSTOMER SERVICE REPORTS WITH RESPECT TO OUR TELEPHONE NUMBERS. THIS AGREEMENT IS ACCEPTED BY CAPTIVE ON THE DATE INDICATED BELOW, AND THE SERVICE PERIOD SHALL BEGIN, UPON THE INITIATION OF SERVICE. COMPANY ADDRESS

Fraudulent Calls. End User In connection with Client’s use of the Services, Client is solely responsible for all security measures with respect to the detection and prevention of any unauthorized use of the Services, including, but not limited to, the selection, implementation or maintenance of such security measures and safeguarding all information related thereto (together, the “Security Measures”). BullsEye shall have no liability or obligation in any way with respect to such Security Measures. Furthermore, the Parties hereto acknowledge and agree that Client is exclusively responsible for the confidentiality and protection of any account information, including, but not limited to, passwords or other security related information (together, “Security Information”) and any unauthorized access to Client accounts by way of the use of such Security Information. BullsEye shall have no liability or obligation in any way with respect to such Security Information. Client shall defend, indemnify and hold 800Comms harmless the BullsEye Parties , pursuant to Section 14 above, from and against any and all costs, expenses, damages, claims or actions arising from fraudulent calls Losses of any naturekind arising out of or otherwise relating to Client’s failure to take such Security Measures or failure to protect such Security Information. End User Client shall be solely responsible for payment of long distance, toll and other telecommunications charges incurred through use of the Services. Client shall not be excused from paying 800Comms BullsEye for Services provided to End User Client that are the result of a failure by the Client to maintain the Security Measures or any portion thereof on protect the basis that fraudulent calls comprised a portion of the Services provided to End UserSecurity Information. In the event that 800Comms BullsEye discovers fraudulent calls being made (a failure by Client to maintain the Security Measures or reasonably believes fraudulent calls are being made)protect the Security Information, nothing contained herein BullsEye may, but shall prohibit 800Comms from taking not be obligated to, take immediate action (action, with or without notice to End User) Client, that is reasonably necessary necessary, in BullsEye’s sole and absolute discretion, to prevent such address the failed Security Measures and/or breach of Security Information. Notwithstanding anything to the contrary contained herein, it is understood that BullsEye is under no obligation to investigate the authenticity of calls charged to Client's account and shall not be liable for any fraudulent calling activity from occurring, including without limitation, denying Services or unauthorized calls processed by BullsEye and billed to particular phone numbers or terminating Services to or from specific locations. Provided, however, nothing contained herein will impose any obligation on 800Comms to take any action with respect to fraudulent calls. Customer Acceptance BY SIGNING BELOW, I UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR SERVICE AS DESCRIBED IN THE ATTACHED TERMS AND CONDITIONS AND SERVICE ADDENDUM(S), WHERE APPLICABLE. I UNDERSTAND THAT IF I TERMINATE THIS AGREEMENT PRIOR TO SERVICE ACTIVATION, I WILL OWE CAPTIVE A CANCELLATION FEE. I FURTHER AUTHORIZE CAPTIVE TO OBTAIN BILLING INFORMATION AND CUSTOMER SERVICE REPORTS WITH RESPECT TO OUR TELEPHONE NUMBERS. THIS AGREEMENT IS ACCEPTED BY CAPTIVE ON THE DATE INDICATED BELOW, AND THE SERVICE PERIOD SHALL BEGIN, UPON THE INITIATION OF SERVICE. COMPANY ADDRESSClient's account.

Fraudulent Calls. End User WilTel agrees to apply the same level of effort and utilize the same methods and procedures to control long distance fraud for Customer's long distance traffic carried over the WilTel network that any member of the WilTel Group (as defined in Section 6 of the PET) does for its own traffic. WxxXxx agrees to diligently pursue the detection and elimination of fraud utilizing, but not limited to, the detection/screening parameters, and methods listed below. The parties understand that there may be as much as three (3) hours between a fraud event and WilTel's detection thereof and that there may be occurrence of fraud which, regardless of WilTel's diligent efforts, may go undetected. All call records selected for fraud screening using the parameters stated below are subject to fraud analyst's review, judgment, and discretion as to a decision whether fraud is actually occurring. Except to the extent WilTel fails to comply with the fraud control provisions set forth below through no fault of Customer, (i) Customer shall indemnify and hold 800Comms WilTel harmless from any and all costs, expensesexpenses (including, without limitation, court costs and attorneys' fees), losses, damages, liabilities, demands, charges, penalties, claims or actions arising from fraudulent or unauthorized calls of any nature. End User nature which may comprise from fraudulent or unauthorized calls of any nature which may comprise a portion of the Services; and (ii) Customer shall not be excused from paying 800Comms WilTel for Services provided to End User Customer or any portion thereof on the basis that fraudulent or unauthorized calls comprised a corresponding portion of the Services provided Services. Provided, however, WxxXxx agrees to End Userreasonably seek forgiveness of payments to the extent possible from countries (such as Guyana and the Dominican Republic) where foreign telephone companies have agreed to forego payments for disputed calls (in the event WilTel does not reasonable seek for forgiveness, WxxXxx agrees to be liable for such disputed calls). In the event that 800Comms WilTel discovers fraudulent or unauthorized calls being made (or reasonably believes fraudulent or unauthorized calls are being made), nothing contained herein WilTel shall prohibit 800Comms from taking immediate take action (without with prompt, subsequent notice to End User) that is reasonably necessary to prevent such fraudulent calling activity or unauthorized calls from occurringcontinuing to take place, including without limitation, denying Services to particular phone numbers ANIs or terminating Services to or from specific locations. Provided, however, nothing contained herein will impose any obligation on 800Comms to take any action with respect to fraudulent calls. Customer Acceptance BY SIGNING BELOW, I UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR SERVICE AS DESCRIBED IN THE ATTACHED TERMS AND CONDITIONS AND SERVICE ADDENDUM(S), WHERE APPLICABLE. I UNDERSTAND THAT IF I TERMINATE THIS AGREEMENT PRIOR TO SERVICE ACTIVATION, I WILL OWE CAPTIVE A CANCELLATION FEE. I FURTHER AUTHORIZE CAPTIVE TO OBTAIN BILLING INFORMATION AND CUSTOMER SERVICE REPORTS WITH RESPECT TO OUR TELEPHONE NUMBERS. THIS AGREEMENT IS ACCEPTED BY CAPTIVE ON THE DATE INDICATED BELOW, AND THE SERVICE PERIOD SHALL BEGIN, UPON THE INITIATION OF SERVICE. COMPANY ADDRESS.

Fraudulent Calls. End User In connection with Customer’s use of the Services, Customer is solely responsible for all security measures with respect to the prevention of any unauthorized use of the Services, including, but not limited to, the selection, implementation or maintenance of such security measures and safeguarding all information related thereto (together, the Security Measures). T5 shall have no liability or obligation in any way with respect to such Security Measures. Furthermore, the parties hereto acknowledge and agree that Customer is exclusively responsible for the confidentiality and protection of any account information, including, but not limited to, passwords or other security related information (together, Security Information) and any unauthorized access to Customer accounts by way of the use of such Security Information. T5 shall have no liability or obligation in any way with respect to such Security Information. Customer shall indemnify and hold 800Comms T5 harmless from any and all costs, expenses, damages, claims or actions actions, whether direct or indirect, in connection with or arising from fraudulent calls out of any natureCustomer’s failure to take such Security Measures or failure to protect such Security Information. End User Customer shall be solely responsible for payment of long distance, toll and other telecommunications charges incurred through use of the Services being provided hereunder. Customer shall not be excused from paying 800Comms T5 for Services provided to End User Customer that are the result of a failure by the Customer to maintain the Security Measures or any portion thereof on protect the basis that fraudulent calls comprised a portion of the Services provided to End UserSecurity Information as set forth herein. In the event that 800Comms T5 discovers fraudulent calls being made (a failure by Customer to maintain the Security Measures or reasonably believes fraudulent calls are being made)protect the Security Information, nothing contained herein T5 may, but shall prohibit 800Comms from taking not be obligated to, take immediate action (action, with or without notice to End User) Customer, that is reasonably necessary necessary, in T5’s sole and absolute discretion, to prevent such address the failed Security Measures and/or breach of Security Information. Notwithstanding anything to the contrary contained herein, it is understood that T5 is under no obligation to investigate the authenticity of calls charged to Customer's account and shall not be liable for any fraudulent calling activity from occurring, including without limitation, denying Services or unauthorized calls processed by T5 and billed to particular phone numbers or terminating Services to or from specific locations. Provided, however, nothing contained herein will impose any obligation on 800Comms to take any action with respect to fraudulent calls. Customer Acceptance BY SIGNING BELOW, I UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR SERVICE AS DESCRIBED IN THE ATTACHED TERMS AND CONDITIONS AND SERVICE ADDENDUM(S), WHERE APPLICABLE. I UNDERSTAND THAT IF I TERMINATE THIS AGREEMENT PRIOR TO SERVICE ACTIVATION, I WILL OWE CAPTIVE A CANCELLATION FEE. I FURTHER AUTHORIZE CAPTIVE TO OBTAIN BILLING INFORMATION AND CUSTOMER SERVICE REPORTS WITH RESPECT TO OUR TELEPHONE NUMBERS. THIS AGREEMENT IS ACCEPTED BY CAPTIVE ON THE DATE INDICATED BELOW, AND THE SERVICE PERIOD SHALL BEGIN, UPON THE INITIATION OF SERVICE. COMPANY ADDRESSCustomer's account.

Fraudulent Calls. End User In connection with Client’s use of the Services, Client is solely responsible for all security measures with respect to the detection and prevention of any unauthorized use of the Services, including, but not limited to, the selection, implementation or maintenance of such security measures and safeguarding all information related thereto (together, the “Security Measures”). Crosswind shall have no liability or obligation in any way with respect to such Security Measures. Furthermore, the Parties hereto acknowledge and agree that Client is exclusively responsible for the confidentiality and protection of any account information, including, but not limited to, passwords or other security related information (together, “Security Information”) and any unauthorized access to Client accounts by way of the use of such Security Information. Crosswind shall have no liability or obligation in any way with respect to such Security Information. Client shall defend, indemnify and hold 800Comms harmless the Crosswind Parties, pursuant to Section 14 above, from and against any and all costs, expenses, damages, claims or actions arising from fraudulent calls Losses of any naturekind arising out of or otherwise relating to Client’s failure to take such Security Measures or failure to protect such Security Information. End User Client shall be solely responsible for payment of long distance, toll and other telecommunications charges incurred through use of the Services. Client shall not be excused from paying 800Comms Crosswind for Services provided to End User Client that are the result of a failure by the Client to maintain the Security Measures or any portion thereof on protect the basis that fraudulent calls comprised a portion of the Services provided to End UserSecurity Information. In the event that 800Comms Crosswind discovers fraudulent calls being made (a failure by Client to maintain the Security Measures or reasonably believes fraudulent calls are being made)protect the Security Information, nothing contained herein Crosswind may, but shall prohibit 800Comms from taking not be obligated to, take immediate action (action, with or without notice to End User) Client, that is reasonably necessary necessary, in Crosswind’s sole and absolute discretion, to prevent such address the failed Security Measures and/or breach of Security Information. Notwithstanding anything to the contrary contained herein, it is understood that Crosswind is under no obligation to investigate the authenticity of calls charged to Client's account and shall not be liable for any fraudulent calling activity from occurring, including without limitation, denying Services or unauthorized calls processed by Crosswind and billed to particular phone numbers or terminating Services to or from specific locations. Provided, however, nothing contained herein will impose any obligation on 800Comms to take any action with respect to fraudulent calls. Customer Acceptance BY SIGNING BELOW, I UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR SERVICE AS DESCRIBED IN THE ATTACHED TERMS AND CONDITIONS AND SERVICE ADDENDUM(S), WHERE APPLICABLE. I UNDERSTAND THAT IF I TERMINATE THIS AGREEMENT PRIOR TO SERVICE ACTIVATION, I WILL OWE CAPTIVE A CANCELLATION FEE. I FURTHER AUTHORIZE CAPTIVE TO OBTAIN BILLING INFORMATION AND CUSTOMER SERVICE REPORTS WITH RESPECT TO OUR TELEPHONE NUMBERS. THIS AGREEMENT IS ACCEPTED BY CAPTIVE ON THE DATE INDICATED BELOW, AND THE SERVICE PERIOD SHALL BEGIN, UPON THE INITIATION OF SERVICE. COMPANY ADDRESSClient's account.