Common use of Limitations on Liabilities Clause in Contracts

Limitations on Liabilities. 3.1 The liability of Company for damages is limited to liability arising solely and directly from mistakes, omissions, interruptions, delays, errors, or defects in transmission occurring in the course of furnishing Service that are not caused in whole or in part by acts or omissions of any other person, and shall in no event exceed an amount equal to the charges Company would assess Customer during the period during which mistakes, omissions, interruptions, delays, errors, or defects in transmission occurred. 3.2 Company shall not be liable for unlawful use, or use by any unauthorized person, of its Service, or for any claim arising out of a breach in the privacy or security of communications transmitted by Company. 3.3 Company shall not be liable for any failure of performance due to causes beyond its reasonable control, including but not limited to acts of God, fires, meteorological phenomena, floods, or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, and any law, order, regulation, or other action of any governing authority or agency thereof. With respect to the Services, Company hereby expressly disclaims all warranties, expressed or implied, not stated in this Agreement, and in particular disclaims all warranties of merchantability and fitness for a particular purpose. 3.4 Company shall not be liable for any act or omission of other carriers or persons, including carriers or persons whose facilities may be utilized in establishing connections to Company's facilities. Customer shall indemnify and save harmless Company from any third party claims asserting such liability. 3.5 Company shall not be liable for any damages Customer may incur as a result of the unauthorized use the Services provided under this Agreement. Customer is responsible for controlling access to, and the use of, the Services provided by Company.

Limitations on Liabilities. 3.1 The liability of Company for damages is limited solely to liability for such credits (if any) that Company may owe to Customer for interruptions under Section 14 below. For the avoidance of any doubt, Company shall have no liability arising solely and directly from mistakes, omissions, interruptions, delays, errors, or defects in transmission occurring in the course of furnishing Service that are not caused in whole or in part by acts or omissions of Customer or any other person, and shall in no event exceed an amount equal to the charges Company would assess Customer during the period during which mistakes, omissions, interruptions, delays, errors, or defects in transmission occurred. 3.2 Company shall not be liable for unlawful use, or use by any unauthorized person, of its Service, or for any claim arising out of a breach in the privacy or security of communications transmitted by Company. 3.3 Company shall not be liable for any failure of performance due to causes beyond its reasonable control, including but not limited to acts of God, fires, meteorological phenomena, floods, or other catastrophes, pandemics, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, and any law, order, regulation, or other action of any governing authority or agency thereof. With respect to the Services, Company hereby expressly disclaims all warranties, expressed or implied, not stated in this Agreement, and in particular disclaims all warranties of merchantability and fitness for a particular purpose. 3.4 Company shall not be liable for any act or omission of Customer or other carriers or persons, including carriers or persons any of the foregoing whose facilities may be utilized in establishing connections to Company's ’s facilities. Customer shall indemnify and save harmless Company from any third party claims asserting such liability. 3.5 Company shall not be liable for any damages Customer may incur as a result of the unauthorized use the Services provided under this Agreement. Customer is responsible for controlling access to, and the use of, the Services provided by Company.

Limitations on Liabilities. 3.1 The liability of Company for damages is limited to liability arising solely and directly from mistakes, omissions, interruptions, delays, errors, or defects in transmission occurring in the course of furnishing Service that are not caused in whole or in part by acts or omissions of any other person, and shall in no event exceed an amount equal to the charges Company would assess Customer during the period during which mistakes, omissions, interruptions, delays, errors, or defects in transmission occurred. 3.2 Company shall not be liable for unlawful use, or use by any unauthorized person, of its Service, or for any claim arising out of a breach in the privacy or security of communications transmitted by Company. 3.3 Company shall not be liable for any failure of performance due to causes beyond its reasonable control, including but not limited to acts of God, fires, meteorological phenomena, floods, or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, and any law, order, regulation, or other action of any governing authority or agency thereof. With respect to the Services, Company hereby expressly disclaims all warranties, expressed or implied, not stated in this Agreement, and in particular disclaims all warranties of merchantability and fitness for a particular purpose. 3.4 Company shall not be liable for any act or omission of other carriers or persons, including carriers or persons whose facilities may be utilized in establishing connections to Company's ’s facilities. Customer shall indemnify and save harmless Company from any third party claims asserting such liability. 3.5 Company shall not be liable for any damages Customer may incur as a result of the unauthorized use the Services provided under this Agreement. Customer is responsible for controlling access to, and the use of, the Services provided by Company.