Service and Performance Clause Samples

Service and Performance. PROVIDER WILL FURNISH THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER SHALL APPLY TO ANY EQUIPMENT SOLD OR LOANED AND TO ALL ADVICE, ASSISTANCE, DATA, INFORMATION, OR SERVICE, NOW OR SUBSEQUENTLY FURNISHED, DELIVERED OR MADE AVAILABLE BY PROVIDER, ITS AFFILIATES, ITS CONTRACTORS, MANAGERS, MEMBERS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS. PROVIDER DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED, OR ERROR FREE. Neither Provider, nor its agents, contractors, employees, manager(s), or members (collectively referred to hereafter as “Provider’s Group”), will be responsible for, and Customer waives and relinquishes any claim against Provider’s Group for any damage, loss, cost or other expense, whether direct, indirect, consequential or incidental, that Customer or any third party may suffer which is related to, or results from Customer’s use of the Service. This includes, but is not limited to, loss of data or business resulting from delays, non-delivery, mis-delivery, or interruptions as a result of Provider’s or Customer’s (in)actions. CUSTOMER EXPRESSLY ASSUMES ALL RISKS ASSOCIATED WITH CUSTOMER’S USE OF THE SERVICE, including but not limited to those that might occur from the introduction into Customer’s computer(s) of viruses, worms, Trojan Horses, or from unauthorized entry or entries into Customer’s computer(s) or any other problem, which result from use of, or occur through the Service. Customer agrees to defend, indemnify and hold harmless, to the extent permitted by law, Provider’s Group from any damage, loss, cost or expense that may occur to Customer or any third party as a result of the use of the Service. Customer agrees to defend, indemnify and hold Provider’s Group harmless from any and all liabilities, costs, judgements and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of this Agreement by Customer, or by a third party or parties accessing the Service through Customer; (b) use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by Customer, or by a third party or parties accessing the Service through Customer: (c) negligent acts or omissions of Customer’s officers, employees, agents or contracto...

Service and Performance. 7.1 ToledoTel will make reasonable efforts to assure that ToledoTel Internet Service will be available to you 24 hours per day 7 days per week. It is possible, however, that there will be interruptions of service. 7.2 ToledoTel shall not be liable for interruptions caused by failure of equipment or services, failure of communications, power outages, or other interruptions to ToledoTel Internet Service. 7.3 ToledoTel shall not be liable for performance deficiencies caused or created by your equipment. 7.4 You shall be responsible to provide for the proper installation, operation and maintenance of your equipment used in connection with the ToledoTel Internet Service. Further, you shall ensure that such equipment is technically and operationally compatible with the ToledoTel Internet Service and in compliance with applicable Federal Communications Commission rules and regulations. 7.5 ToledoTel Internet Service is provided over a shared network, and users will contend for bandwidth. As a result, depending among other things upon the intensity of customer use of ToledoTel Internet Service, the bandwidth available to you and the speed of service will not always operate at optimum levels. ToledoTel does not guarantee bandwidth. However, if ToledoTel determines, in its sole discretion, that your account is using, or has consistently used, an excessive amount of bandwidth, ToledoTel may restrict speed, bandwidth usage, and/or terminate your account at any time and without notice. Before taking any such action, ToledoTel shall make a reasonable effort to notify you that such action will be taken. 7.6 If your use or modification of the software, hardware or equipment supplied by ToledoTel requires a visit to your home or business for repair or correction, ToledoTel reserves the right to charge you for the visit and labor required to correct the situation. ToledoTel does not undertake to correct or repair software, hardware or equipment that it does not supply.

Service and Performance. 6.1 ▇▇▇▇▇▇ Broadband will make reasonable efforts to assure that HSD will be available to you 24 hours per day 7 days per week. It is possible, however, that there will be interruptions of service and users will contend for bandwidth. As a result, depending on intensity of customer use of HSD, and Internet use generally, the bandwidth available to you and the speed of service may not always be at optimum levels. You are responsible for management of your data stored on or transmitted over the HSD service. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space you control, and your selection and use of security features. None of ▇▇▇▇▇▇ Broadband, its agents and its subcontractors shall have any obligation to develop and maintain management and security procedures (such as application logon security and encryption of data) to protect your information. Solely for the purposes of maintaining the HSD service, ▇▇▇▇▇▇ Broadband, its agents and its subcontractors may need to view and work with portions of the data you transmit using the HSD service (such as address header information). You agree that ▇▇▇▇▇▇ Broadband, its agents and its subcontractors may use, copy, display, store, transmit, translate, rearrange or reformat, view and distribute your data domestically and internationally for such purposes. Except for purposes of operating and maintaining the HSD service, ▇▇▇▇▇▇ Broadband, its agents and its subcontractors shall not reverse assemble, reverse compile, or to disclose to third parties the information that you transmit while using the HSD service (unless required by law, court order, an authorized government entity, or as otherwise authorized by you). You agree that access to ideas, concepts, know-how, and techniques contained in data viewed or worked with during the maintenance and operation of the HSD service and retained in the memories of employees of ▇▇▇▇▇▇ Broadband or its agents or its subcontractors will not prohibit or prevent ▇▇▇▇▇▇ Broadband or its agents or its subcontractors from developing or marketing any service or product. HSD service is generally available 24 hours a day, seven days a week, provided, however, that ▇▇▇▇▇▇ Broadband, its agents and its subcontractors reserve the right to schedule reasonable hours for maintenance or HSD service changes at their discretion. 6.2 If your use or modification of the software, hardware or equipment supplied by ▇▇▇▇▇▇ Broadband requires a vi...

Service and Performance