Common use of IXC Use and Sales of Services Clause in Contracts

IXC Use and Sales of Services. 5.1.1 IXC may use the Services made available to it pursuant to this Agreement, on the terms and subject to the conditions hereof, (i) for its own account, (ii) subject to Section 5.1.2, for resale to IXC Customers, or (iii) subject to Section 5.1.2, for resale to Third Parties for further resale or distribution (such Third Parties which, notwithstanding the definition of "Third Parties" herein, include, without limitation, IXC Customers (including those which are Affiliates of IXC) are referred to herein as "IXC Resellers"), either alone or in combination with any other products and services. Services offered by IXC that incorporate MCS and VAS made available to it pursuant to this Agreement shall, at IXC's discretion, be branded exclusively as IXC services or otherwise as IXC shall determine. IXC shall specify the design of any user interface associated with any MCS or VAS, consistent with the preceding sentence. IXC will have complete discretion to determine the prices to be charged to IXC Customers for the Services provided under this Agreement and IXC shall be solely responsible for establishing and collecting customer charges for services it or its customers offer through the PSINet network and for preparing and mailing invoices to IXC Customers. In addition, IXC shall be responsible for payment of the total amounts invoiced it by PSINet (except for any amounts disputed by IXC in good faith) regardless of whether IXC is paid by its customers. Subject to the provisions of Section 5.4, IXC shall also have complete discretion to determine the other terms and conditions on which IXC makes such Services available to IXC Customers; provided that neither IXC nor its customers may offer warranties or representations for the Services that would obligate or otherwise bind PSINet beyond those stated in the applicable service agreements. Except as otherwise provided in this Agreement, except as reasonably necessary for PSINet to assist IXC during the introduction of IXC Internet Services under this Agreement, IXC shall provide the primary interface to IXC Customers in connection with the marketing, offering or provision of IXC services that incorporate the Services, including (a) providing first tier support for non-MCS and non-VAS IXC services and (b) handling communications to and business relations with IXC Customers related to contractual agreements, handling invoicing and payment matters, and handling inquiries and questions from IXC Customers about Services.

IXC Use and Sales of Services. 5.1.1 IXC may use the Services made available to it pursuant to this Agreement, on the terms and subject to the conditions hereof, (i) for its own account, (ii) subject to Section 5.1.2, for resale to IXC Customers, or (iii) subject to Section 5.1.2, for resale to Third Parties for further resale or distribution (such Third Parties which, notwithstanding the definition of "Third Parties" herein, include, without limitation, IXC Customers (including those -------- * Confidential material has been omitted and filed separately with the Securities and Exchange Commission. which are Affiliates of IXC) are referred to herein as "IXC Resellers"), either alone or in combination with any other products and services. Services offered by IXC that incorporate MCS and VAS made available to it pursuant to this Agreement shall, at IXC's discretion, be branded exclusively as IXC services or otherwise as IXC shall determine. IXC shall specify the design of any user interface associated with any MCS or VAS, consistent with the preceding sentence. IXC will have complete discretion to determine the prices to be charged to IXC Customers for the Services provided under this Agreement and IXC shall be solely responsible for establishing and collecting customer charges for services it or its customers offer through the PSINet network and for preparing and mailing invoices to IXC Customers. In addition, IXC shall be responsible for payment of the total amounts invoiced it by PSINet (except for any amounts disputed by IXC in good faith) regardless of whether IXC is paid by its customers. Subject to the provisions of Section 5.4, IXC shall also have complete discretion to determine the other terms and conditions on which IXC makes such Services available to IXC Customers; provided that neither IXC nor its customers may offer warranties or representations for the Services that would obligate or otherwise bind PSINet beyond those stated in the applicable service agreements. Except as otherwise provided in this Agreement, except as reasonably necessary for PSINet to assist IXC during the introduction of IXC Internet Services under this Agreement, IXC shall provide the primary interface to IXC Customers in connection with the marketing, offering or provision of IXC services that incorporate the Services, including (a) providing first tier support for non-MCS and non-VAS IXC services and (b) handling communications to and business relations with IXC Customers related to contractual agreements, handling invoicing and payment matters, and handling inquiries and questions from IXC Customers about Services.

IXC Use and Sales of Services. 5.1.1 IXC may use the Services made available to it pursuant to this Agreement, on the terms and subject to the conditions hereof, (i) for its own account, (ii) subject to Section 5.1.2, for resale to IXC Customers, or (iii) subject to Section 5.1.2, for resale to Third Parties for further resale or distribution (such Third Parties which, notwithstanding the definition of "Third Parties" herein, include, without limitation, IXC Customers (including those which are Affiliates of IXC) are referred to herein as "IXC Resellers"), either alone or in combination with any other products and services. Services offered by IXC that incorporate MCS and VAS made available to it pursuant to this Agreement shall, at IXC's discretion, be branded exclusively as IXC services or otherwise as IXC shall determine. IXC shall specify the design of any user interface associated with any MCS or VAS, consistent with the preceding sentence. * Confidential material has been omitted and filed separately with the Securities and Exchange Commission IXC will have complete discretion to determine the prices to be charged to IXC Customers for the Services provided under this Agreement and IXC shall be solely responsible for establishing and collecting customer charges for services it or its customers offer through the PSINet network and for preparing and mailing invoices to IXC Customers. In addition, IXC shall be responsible for payment of the total amounts invoiced it by PSINet (except for any amounts disputed by IXC in good faith) regardless of whether IXC is paid by its customers. Subject to the provisions of Section 5.4, IXC shall also have complete discretion to determine the other terms and conditions on which IXC makes such Services available to IXC Customers; provided that neither IXC nor its customers may offer warranties or representations for the Services that would obligate or otherwise bind PSINet beyond those stated in the applicable service agreements. Except as otherwise provided in this Agreement, except as reasonably necessary for PSINet to assist IXC during the introduction of IXC Internet Services under this Agreement, IXC shall provide the primary interface to IXC Customers in connection with the marketing, offering or provision of IXC services that incorporate the Services, including (a) providing first tier support for non-MCS and non-VAS IXC services and (b) handling communications to and business relations with IXC Customers related to contractual agreements, handling invoicing and payment matters, and handling inquiries and questions from IXC Customers about Services.

IXC Use and Sales of Services. 5.1.1 IXC may use the Services made available to it pursuant to this Agreement, on the terms and subject to the conditions hereof, (i) for its own account, (ii) subject to Section 5.1.2, for resale to IXC Customers, or (iii) subject to Section 5.1.2, for resale to Third Parties for further resale or distribution (such Third Parties which, notwithstanding the definition of "Third Parties" herein, include, without limitation, IXC Customers (including those which are Affiliates of IXC) are referred to herein as "IXC Resellers"), either alone or in combination with any other products and services. Services offered by IXC that incorporate MCS and VAS made available to it pursuant to this Agreement shall, at IXC's discretion, be branded exclusively as IXC services or otherwise as IXC shall determine. IXC shall specify the design of any user interface associated with any MCS or VAS, consistent with the preceding sentence. IXC will have complete discretion to determine the prices to be charged to IXC Customers for the Services provided under this Agreement and IXC shall be solely responsible for establishing and collecting customer charges for services it or its customers offer through the PSINet network and for preparing and mailing invoices to IXC Customers. In addition, IXC shall be responsible for payment of the total amounts invoiced it by PSINet (except for any amounts disputed by IXC in good faith) regardless of whether IXC is paid by its customers. Subject to the provisions of Section 5.4, IXC shall also have complete discretion to determine the other terms and conditions on which IXC makes such Services available to IXC Customers; provided that neither IXC nor its customers may offer warranties or representations for the Services that would obligate or otherwise bind PSINet beyond those stated in the applicable service agreements. * Confidential material has been omitted and filed separately with the Securities and Exchange Commission Except as otherwise provided in this Agreement, except as reasonably necessary for PSINet to assist IXC during the introduction of IXC Internet Services under this Agreement, IXC shall provide the primary interface to IXC Customers in connection with the marketing, offering or provision of IXC services that incorporate the Services, including (a) providing first tier support for non-MCS and non-VAS IXC services and (b) handling communications to and business relations with IXC Customers related to contractual agreements, handling invoicing and payment matters, and handling inquiries and questions from IXC Customers about Services.