Subscriber Communications Sample Clauses

Subscriber Communications. All communications by POC to Subscribers shall be (i) subject to approval by CompuServe, (ii) performed by CompuServe, and (iii) subject to the CompuServe TOS (including, without limitation, its Privacy Policy and marketing preferences) and applicable laws and regulations. The Parties shall use commercially reasonable efforts to explore the development of a procedure in which a pop up screen or similar device can be used to enable Subscribers to opt in to disclosing certain personal and demographical data for use by POC; provided however, that such procedure (i) must be, as determined by CompuServe in its sole discretion, technically and economically feasible to implement, (ii) must comply with the terms of the CompuServe TOS and all laws and regulations related to the use of personal data and (iii) must enable Subscribers to change their marketing preference at any time and in their sole discretion.

Subscriber Communications. (a) If the Access Seeker is required to communicate with a Subscriber in relation to a Fault, the need for maintenance of any Digital Subscriber Equipment or the suspension of the Digital Set Top Unit Services, it must ensure that any such communications are consistent with information provided by FOXTEL in relation to the subject matter of the communication. (b) Except for communications under Clause 12.3(a), the Access Seeker must not, when dealing with Subscribers, attribute to FOXTEL: (i) blame for fault or other circumstances; (ii) the need for maintenance of any Digital Subscriber Equipment; or (iii) the suspension (or partial suspension) of the Digital Set Top Unit Services, unless not doing so would require the Access Seeker to engage in unethical, misleading or deceptive conduct.

Subscriber Communications. Except as expressly provided herein and to the extent such services are not provided by Atrinsic on behalf of BDE: (a) BDE will be responsible for providing, or arranging for the provision of, all support services with respect to the BDE Services; (b) BDE agrees that it will prominently provide contact information (at a minimum an e-mail address) for BDE’s customer service (i) at the same time and location (i.e. on the same web page or in the same message) as Subscribers register for the BDE Services or otherwise opt-in to receiving BDE Content, and (ii) at a location easily accessible to a Subscriber to allow the Subscriber to access the contact information after the Subscriber has registered for the BDE Services or opted in to receiving BDE Content. BDE acknowledges that, except as expressly provided herein or to the extent such services are not provided by Atrinsic on behalf of BDE, Atrinsic has no obligation to provide any Subscriber support services. Atrinsic shall give BDE ninety (90) days prior written notice before Atrinsic may materially diminish the support services provided on behalf BDE hereunder. Under such circumstances whereby Atrinsic no longer provides such services on behalf of BDE, if a Subscriber contacts Atrinsic in relation to the BDE Services, Atrinsic shall redirect or transfer such Subscriber to the support facilities of BDE, or, if such a transfer is not, in Atrinsic’s opinion, reasonably practicable, for any reason (including, without limitation, by reason of any unwillingness by the Subscriber to be redirected to the BDE), then Atrinsic may itself provide an initial response to the query or complaint. Without limiting the foregoing, BDE acknowledges that Billing Operators may levy fees or charges for Subscriber support services relating to BDE Services, regardless of whether the Billing Operator, Atrinsic, or BDE has provided Subscriber support, and that Atrinsic may recover from BDE or offset against amounts payable to BDE hereunder any and all such fees and charges assessed by a Billing Operator. Further, BDE and Atrinsic acknowledge and agree that Atrinsic may recover any and all preapproved costs and expenses incurred by Atrinsic in providing the services described in this Section in accordance with Section 5.2.3.6 and Section 10.5.