Common use of Internet Domain Names Clause in Contracts

Internet Domain Names. The Service described in the Service Order may include certain Internet domain name registration and maintenance services. Customer acknowledges that such services do not include any research or determination of any sort regarding whether Customer’s selection of a domain name will infringe, dilute, or otherwise violate the scope of any third party’s rights in a trademark, any other type of mark, trade name, or personal or legal entity name. Customer agrees to assume any and all risks associated with Xxxxxxxx’s selection of an Internet domain name. Customer may wish to consult an attorney familiar with copyright law, trademark law and the Internet domain name registration process prior to selecting an Internet domain name. 42a. Services Warranty. Midco guarantees Service performance to the Demarcation Point. Equipment installed on Customer’s side of the Demarcation Point can and may affect performance of the Service. Midco makes no representation regarding the performance of Service on Customer’s side of the network. THE ABOVE SERVICE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 42b. Off-Net Services. Off-Net Services may be provided to a Service Location under this Agreement that is outside of Midco’s service area and/or a Service Location that is within Midco’s service area but that is not readily accessible by Midco’s network facilities. Customer understands and agrees that Midco, upon entering into a Service Order with Customer may, at Midco’s discretion, utilize Off-Net Services to deliver the Service. All Off-Net Services are provided by third party service providers and may be subject to additional terms and conditions. For Off-Net Services, the length of Term for Service at a particular Service Location will match the term Midco is able to secure with the Off-Net service provider. Fees for Off-Net services will include the cost of the Service, any fees imposed by the Off-Net provider, taxes, fees as well as any administrative or overhead expenses. Fees and expenses for Off-Net Services may change without notice. Maintenance of Off-Net Services is outside of Midco’s control and maintenance outages may occur without notice. In the event Customer terminates Service at a Service Location where Off-Net Services are being provided following Midco’s acceptance of the applicable Service Order but prior to the end of the applicable Term, Customer shall pay termination fees equal to one hundred percent (100%) of the monthly recurring charges remaining through the end of the term plus one hundred percent (100%) of any remaining, unpaid installation fees. Customer shall also pay any third party service provider ancillary fees incurred by Midco due to the early termination of Service by Customer.

Internet Domain Names. The Service described in the Service Order may include certain Internet domain name registration and maintenance services. Customer acknowledges that such services do not include any research or determination of any sort regarding whether Customer’s selection of a domain name will infringe, dilute, or otherwise violate the scope of any third party’s rights in a trademark, any other type of mark, trade name, or personal or legal entity name. Customer agrees to assume any and all risks associated with Xxxxxxxx’s selection of an Internet domain name. Customer may wish to consult an attorney familiar with copyright law, trademark law and the Internet domain name registration process prior to selecting an Internet domain name. 42a. Services Warranty. Midco guarantees Service performance to the Demarcation Point. Equipment installed on Customer’s side of the Demarcation Point can and may affect performance of the Service. Midco makes no representation regarding the performance of Service on Customer’s side of the network. THE ABOVE SERVICE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 42b. Off-Net Services. Off-Net Services may be provided to a Service Location under this Agreement that is outside of Midco’s service area and/or a Service Location that is within Midco’s service area but that is not readily accessible by Midco’s network facilities. Customer understands and agrees that MidcoXxxxx, upon entering into a Service Order with Customer may, at Midco’s discretion, utilize Off-Net Services to deliver the Service. All Off-Net Services are provided by third party service providers and may be subject to additional terms and conditions. For Off-Net Services, the length of Term for Service at a particular Service Location will match the term Midco is able to secure with the Off-Net service provider. Fees for Off-Net services will include the cost of the Service, any fees imposed by the Off-Net provider, taxes, fees as well as any administrative or overhead expenses. Fees and expenses for Off-Net Services may change without notice. Maintenance of Off-Net Services is outside of Midco’s control and maintenance outages may occur without notice. In the event Customer terminates Service at a Service Location where Off-Net Services are being provided following Midco’s acceptance of the applicable Service Order but prior to the end of the applicable Term, Customer shall pay termination fees equal to one hundred percent (100%) of the monthly recurring charges remaining through the end of the term plus one hundred percent (100%) of any remaining, unpaid installation fees. Customer shall also pay any third party service provider ancillary fees incurred by Midco due to the early termination of Service by Customer.

Internet Domain Names. The Service described in the Service Order may include certain Internet domain name registration and maintenance services. Customer acknowledges that such services do not include any research or determination of any sort regarding whether Customer’s selection of a domain name will infringe, dilute, or otherwise violate the scope of any third party’s rights in a trademark, any other type of mark, trade name, or personal or legal entity name. Customer agrees to assume any and all risks associated with Xxxxxxxx’s selection of an Internet domain name. Customer may wish to consult an attorney familiar with copyright law, trademark law and the Internet domain name registration process prior to selecting an Internet domain name. 42a41a. Services Warranty. Midco guarantees Each level of Service performance has limits on the maximum throughput rate at which Customer may send and receive data at any time. Customer’s access to the Internet is not shared with other users and will be delivered to the Demarcation PointPoint at the rate specified by the Service. Equipment installed on Customer’s side of However, once packet traffic passes the Demarcation Point can out to the Internet, the throughput rate experienced by Customer at any time will vary based on numerous factors, including without limitation: the number of users and/or computer stations using a single connection; computer, router and may affect performance firewall configurations; Internet network congestion; time of day; and the Service. Midco makes no representation regarding the performance of Service on Customer’s side of the networkaccessed website servers. THE ABOVE SERVICE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 42b41b. Off-Net Services. Off-Net Services may be provided to a Service Location under this Agreement that is outside of Midco’s service area and/or a Service Location that is within Midco’s service area but that is not readily accessible by Midco’s network facilities. Customer understands and agrees that Midco, upon entering into a Service Order with Customer may, at Midco’s discretion, utilize Off-Net Services to deliver the Service. All Off-Net Services are provided by third party service providers and may be subject to additional terms and conditions. For Off-Net Services, the length of Term for Service at a particular Service Location will match the term Midco is able to secure with the Off-Net service provider. Fees for Off-Net services will include the cost of the Service, any fees imposed by the Off-Net provider, taxes, fees as well as any administrative or overhead expenses. Fees and expenses for Off-Net Services may change without notice. Maintenance of Off-Net Services is outside of Midco’s control and maintenance outages may occur without notice. In the event Customer terminates Service at a Service Location where Off-Net Services are being provided following Midco’s acceptance of the applicable Service Order but prior to the end of the applicable Term, Customer shall pay termination fees equal to one hundred percent (100%) of the monthly recurring charges remaining through the end of the term plus one hundred percent (100%) of any remaining, unpaid installation fees. Customer shall also pay any third party service provider ancillary fees incurred by Midco due to the early termination of Service by Customer.

Internet Domain Names. The Service described in the Service Order may include certain Internet domain name registration and maintenance services. Customer acknowledges that such services do not include any research or determination of any sort regarding whether Customer’s selection of a domain name will infringe, dilute, or otherwise violate the scope of any third party’s rights in a trademark, any other type of mark, trade name, or personal or legal entity name. Customer agrees to assume any and all risks associated with Xxxxxxxx’s selection of an Internet domain name. Customer may wish to consult an attorney familiar with copyright law, trademark law and the Internet domain name registration process prior to selecting an Internet domain name. 42a41a. Services Warranty. Midco guarantees Each level of Service performance has limits on the maximum throughput rate at which Customer may send and receive data at any time. Customer’s access to the Internet is not shared with other users and will be delivered to the Demarcation PointPoint at the rate specified by the Service. Equipment installed on Customer’s side of However, once packet traffic passes the Demarcation Point can out to the Internet, the throughput rate experienced by Customer at any time will vary based on numerous factors, including without limitation: the number of users and/or computer stations using a single connection; computer, router and may affect performance firewall configurations; Internet network congestion; time of day; and the Service. Midco makes no representation regarding the performance of Service on Customer’s side of the networkaccessed website servers. THE ABOVE SERVICE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 42b41b. Off-Net Services. Off-Net Services may be provided to a Service Location under this Agreement that is outside of Midco’s service area and/or a Service Location that is within Midco’s service area but that is not readily accessible by Midco’s network facilities. Customer understands and agrees that MidcoXxxxx, upon entering into a Service Order with Customer may, at Midco’s discretion, utilize Off-Net Services to deliver the Service. All Off-Net Services are provided by third party service providers and may be subject to additional terms and conditions. For Off-Net Services, the length of Term for Service at a particular Service Location will match the term Midco is able to secure with the Off-Net service provider. Fees for Off-Net services will include the cost of the Service, any fees imposed by the Off-Net provider, taxes, fees as well as any administrative or overhead expenses. Fees and expenses for Off-Net Services may change without notice. Maintenance of Off-Net Services is outside of Midco’s control and maintenance outages may occur without notice. In the event Customer terminates Service at a Service Location where Off-Net Services are being provided following Midco’s acceptance of the applicable Service Order but prior to the end of the applicable Term, Customer shall pay termination fees equal to one hundred percent (100%) of the monthly recurring charges remaining through the end of the term plus one hundred percent (100%) of any remaining, unpaid installation fees. Customer shall also pay any third party service provider ancillary fees incurred by Midco due to the early termination of Service by Customer.