Fraudulent use of the Services Sample Clauses

Fraudulent use of the Services. 5.1 You are responsible for taking reasonable steps to mitigate the risk of the Services being used fraudulently, including: 5.1.1 ensuring the secure implementation and management of your systems; 5.1.2 maintaining security and confidentiality of authentication details that you require to use the Services or any part of them, and disabling access to any accounts that are compromised; 5.1.3 mitigating exposure to any suspected or known security breach by resetting passwords, implementing adequate control and security (to a level considered to be industry standard) over the Services designed to prevent viruses, logic bombs or worms, “trojan horses” and any other types of disruptive, destructive or nuisance programs and/or any calls generated by rogue diallers or hackers; and 5.1.4 obtaining at your own expense professional security advice with regard to secure use of the Services. 5.2 You must notify us immediately on becoming aware of any Fraud affecting the Services supplied to you. On being notified by you that any such event has occurred, we will attempt to suspend the relevant part of the Services as soon as possible, but you acknowledge that we are reliant on third parties in relation to the supply of certain Services and therefore there might be a delay between the notification of the Fraud to us and the suspension taking effect, which we cannot control. 5.3 You are solely responsible to set up and maintain security independently of our supply of the Services to you and we do not accept any liability whatsoever for any costs incurred as a result of a breach of security. You will be liable for all Charges incurred in connection with any Fraud, Artificial Inflation of Traffic or other improper use of the Services until the affected Services are suspended.
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Fraudulent use of the Services. The fraudulent use of, or the intended or attempted fraudulent use of Service is prohibited. In any instance in which AT&T believes in good faith that there is fraudulent use of Service, AT&T may, immediately and upon written notice to the Customer, and without liability on the part of AT&T, restrict, suspend or discontinue providing Service. In the event that Customer does not provide to AT&T within five (5) business days of the temporary restriction of service acceptable proof that said use has ceased and that appropriate measures have been taken to prevent its recurrence, AT&T may immediately and without further notice discontinue service and CUSTOMER shall be liable for a Termination Charge as provided in Attachment A. If the event giving rise to the right to restrict, suspend, or discontinue service is limited to one or more specific locations, 800/888 numbers or calling cards, AT&T shall, to the extent practicable, limit the restriction, suspension or discontinuance to those locations, 800/888 numbers or calling cards. This Agreement does not obligate AT&T to monitor, notify CUSTOMER about, or prevent fraudulent use of Service. The following activities constitute fraudulent use: (a) Using Service to transmit any message or code, locate a person, or otherwise give or obtain information, without payment for Service (AT&T shall not apply this provision to CUSTOMER differently than it generally applies to comparable provision of AT&T Tariff F.C.C. No. 1 to other customers); (b) Using or attempting to use Service with the intent to avoid the payment, either in whole or in part, of any charges by any means or device; (c) Using Service to carry calls that originate on the network of a facilities-based interexchange carrier other than AT&T and terminate disproportionately to locations for which AT&T/CUSTOMER CONFIDENTIAL AND PROPRIETARY DRAFT 12 - 8 - the cost to AT&T of terminating switched access is above the average cost of terminating switched access, based on the published access tariffs of local exchange companies; or (d) Using the Services to carry calls that originate on the network of a facilities-based interexchange carrier other than AT&T and terminate disproportionately to locations for which the cost to AT&T of terminating switched access is above AT&T's average cost of terminating switched access.
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Fraudulent use of the Services. You are responsible for taking reasonable steps to mitigate the risk of the Services being used fraudulently, including ensuring the secure implementation and management of your systems, and maintaining security and confidentiality of authentication details that you require to use the Services or any part of them, and disabling access to any accounts that are compromised. You will be liable for all Charges incurred in connection with any Fraud or other improper use of the Services until the affected Services are suspended.
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Fraudulent use of the Services. The Client is responsible for all Fees related to the Service, including the Usage Fees that may result from fraudulent or unauthorized use of the Service or of an Access Code, except when the fraudulent use is the result of Diabolocom’s breach.
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Fraudulent use of the Services. The fraudulent use of, or the intended or attempted fraudulent use of, Service is prohibited. The Following activities constitute fraudulent use: (a) Using the Services to transmit any message or code, locate a person, or otherwise give or obtain information, without payment for the Services, or (b) Using or attempting to use the Services with the intent to avoid the payment, either in whole or in part, of any charges by any means or device. Fraudulent use of AT&T Private Line Services shall not include designing, redesigning or reconfiguring Tel-Save's network or facilities, or those of any of its customers, to improve their efficiency, including the use of multiplexing equipment, store and forward devices, traffic concentrators, and data or voice compression equipment.
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Related to Fraudulent use of the Services

  • Fraudulent Claims If any claim under this Agreement is in any respect fraudulent, all benefits payable and/or paid in relation to that claim shall be forfeited and if deemed appropriate, recoverable, respectively.

  • fraudulent misrepresentation No party guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any party who was not guilty of such fraudulent misrepresentation.

  • Program Fraud and False or Fraudulent Statements or Related Acts (A) The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Government deems appropriate. (B) The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307, as amended, on the CONTRACTOR, to the extent the Federal Government deems appropriate. (C) The CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

  • Solvency; Fraudulent Conveyance CAC is solvent, is able to pay its debts as they become due and will not be rendered insolvent by the transactions contemplated by the Basic Documents and, after giving effect thereto, will not be left with an unreasonably small amount of capital with which to engage in its business. CAC does not intend to incur, or believes that it has incurred, debts beyond its ability to pay such debts as they mature. CAC does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official to manage or control any of its assets. The amount of consideration being received by CAC upon the sale or other absolute transfer of the Conveyed Property to Funding constitutes reasonably equivalent value and fair consideration for the Conveyed Property. CAC is not transferring the Conveyed Property to Funding with any intent to hinder, delay or defraud any of its creditors.

  • Fraudulent Conveyance Borrower (a) has not entered into the Loan or any Loan Document with the actual intent to hinder, delay, or defraud any creditor and (b) received reasonably equivalent value in exchange for its obligations under the Loan Documents. Giving effect to the Loan, the fair saleable value of Borrower’s assets exceeds and will, immediately following the execution and delivery of the Loan Documents, exceed Borrower’s total liabilities, including, without limitation, subordinated, unliquidated, disputed or contingent liabilities. The fair saleable value of Borrower’s assets is and will, immediately following the execution and delivery of the Loan Documents, be greater than Borrower’s probable liabilities, including the maximum amount of its contingent liabilities or its debts as such debts become absolute and matured. Borrower’s assets do not and, immediately following the execution and delivery of the Loan Documents will not, constitute unreasonably small capital to carry out its business as conducted or as proposed to be conducted. Borrower does not intend to, and does not believe that it will, incur debts and liabilities (including, without limitation, contingent liabilities and other commitments) beyond its ability to pay such debts as they mature (taking into account the timing and amounts to be payable on or in respect of obligations of Borrower).

  • Fraudulent Transfer (a) Each Loan Party is Solvent. (b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.

  • No Fraudulent Conveyance No sale or contribution hereunder constitutes a fraudulent transfer or conveyance under any United States federal or applicable state bankruptcy or insolvency laws or is otherwise void or voidable under such or similar laws or principles or for any other reason.

  • No Fraudulent Transfer Borrower (i) has not entered into the transaction or any Loan Document with the actual intent to hinder, delay, or defraud any creditor, and (ii) received reasonably equivalent value in exchange for its Obligations under the Loan Documents. Giving effect to the Loan, the fair saleable value of Borrower’s assets exceeds and will, immediately following the making of the Loan, exceed Borrower’s total liabilities, including subordinated, unliquidated, disputed and contingent liabilities. The fair saleable value of Borrower’s assets is, and immediately following the making of the Loan, will be, greater than Borrower’s probable liabilities, including the maximum amount of its contingent liabilities on its debts as such debts become absolute and matured. Borrower’s assets do not and, immediately following the making of the Loan will not, constitute unreasonably small capital to carry out its business as conducted or as proposed to be conducted. Borrower does not intend to, and does not believe that it will, incur Indebtedness and liabilities (including contingent liabilities and other commitments) beyond its ability to pay such Indebtedness and liabilities as they mature (taking into account the timing and amounts of cash to be received by Borrower and the amounts to be payable on or in respect of the obligations of Borrower). No petition in bankruptcy has been filed against Borrower or any constituent Person of Borrower, and neither Borrower nor any constituent Person of Borrower has ever made an assignment for the benefit of creditors or taken advantage of any insolvency act for the benefit of debtors. Neither Borrower nor any of its constituent Persons are contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower’s assets or properties, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Persons.

  • Corrupt or Fraudulent Practices 2.31.1 The Procuring entity requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts when used in the present regulations, the following terms are defined as follows;

  • No Fraudulent Intent Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrower, any Guarantor or any of their respective Subsidiaries with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted.

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