Common use of Traffic Alert Referral Service Clause in Contracts

Traffic Alert Referral Service. 7.6.1.1 Traffic Alert Referral Service (“TARS”) is a service that monitors traffic patterns associated with a CLEC’s resold lines. On no less than thirty (30) calendar days written notice, CLEC may order PACIFIC’s TARS. In providing TARS to CLEC, PACIFIC notifies CLEC of traffic abnormalities that indicate the possible occurrence of intraLATA fraud and furnishes to CLEC information on all 1+ alerts. CLEC understands and agrees that PACIFIC will use electronic mail to provide such information and that such information will only be available via electronic mail at the present time. It is the responsibility of CLEC to provide PACIFIC with the correct email address. Information will be provided on a per-alert basis and will be priced on a per-alert basis. PACIFIC grants to CLEC a non- exclusive right to use the TARS information provided by PACIFIC. CLEC will not permit anyone but its duly authorized employees or agents to inspect or use this information. CLEC agrees to pay PACIFIC a recurring usage rate as set forth in Appendix Pricing in the “Other (RESALE)” category listed as “Traffic Alert Referral Service.” 7.6.1.2 CLEC shall be liable for all fraud associated with any resale service to which it subscribes. PACIFIC takes no responsibility, will not investigate, and will make no adjustments to CLEC’s account(s) in cases of fraud or any other related End User dispute. 7.6.1.3 In addition to any other indemnity obligations in this Agreement or any Appendix attached hereto, PACIFIC shall not be liable for any damages to CLEC or to any other person or entity for PACIFIC’s actions or the conduct of its employees in providing TARS to CLEC. CLEC shall indemnify, defend, and hold PACIFIC harmless from any and all claims, lawsuits, costs, damages, liabilities, losses, and expenses, including reasonable attorney fees, resulting from or in connection with CLEC’s use of PACIFIC’s TARS, except when such claims, lawsuits, costs, damages, liabilities, losses, or expenses are proximately caused by the willful misconduct or gross negligence of PACIFIC or its employees.

Traffic Alert Referral Service. 7.6.1.1 Traffic Alert Referral Service (“TARS”) is a service that monitors traffic patterns associated with a CLEC’s resold lines. On no less than thirty (30) calendar days written notice, CLEC may order PACIFIC’s TARS. In providing TARS to CLEC, PACIFIC notifies CLEC of traffic abnormalities that indicate the possible occurrence of intraLATA fraud and furnishes to CLEC information on all 1+ alerts. CLEC understands and agrees that PACIFIC will use electronic mail to provide such information and that such information will only be available via electronic mail at the present time. It is the responsibility of CLEC to provide PACIFIC with the correct email address. Information will be provided on a per-alert basis and will be priced on a per-alert basis. PACIFIC grants to CLEC a non- non-exclusive right to use the TARS information provided by PACIFIC. CLEC will not permit anyone but its duly authorized employees or agents to inspect or use this information. CLEC agrees to pay PACIFIC a recurring usage rate as set forth in Appendix Pricing in the “Other (RESALE)” category listed as “Traffic Alert Referral Service.” 7.6.1.2 CLEC shall be liable for all fraud associated with any resale service to which it subscribes. PACIFIC takes no responsibility, will not investigate, and will make no adjustments to CLEC’s account(s) in cases of fraud or any other related End User dispute. 7.6.1.3 In addition to any other indemnity obligations in this Agreement or any Appendix attached hereto, PACIFIC shall not be liable for any damages to CLEC or to any other person or entity for PACIFIC’s actions or the conduct of its employees in providing TARS to CLEC. CLEC shall indemnify, defend, and hold PACIFIC harmless from any and all claims, lawsuits, costs, damages, liabilities, losses, and expenses, including reasonable attorney fees, resulting from or in connection with CLEC’s use of PACIFIC’s TARS, except when such claims, lawsuits, costs, damages, liabilities, losses, or expenses are proximately caused by the willful misconduct or gross negligence of PACIFIC or its employees.

Traffic Alert Referral Service. 7.6.1.1 Traffic Alert Referral Service (“TARS”) is a service that monitors traffic patterns associated with a CLEC’s resold lines. On no less than thirty (30) calendar days written notice, CLEC may order PACIFIC’s TARS. In providing TARS to CLEC, PACIFIC notifies CLEC of traffic abnormalities that indicate the possible occurrence of intraLATA fraud and furnishes to CLEC information on all 1+ alerts. CLEC understands and agrees that PACIFIC will use electronic mail to provide such information and that such information will only be available via electronic mail at the present time. It is the responsibility of CLEC to provide PACIFIC with the correct email address. Information will be provided on a per-alert basis and will be priced on a per-alert basis. PACIFIC grants to CLEC a non- exclusive right to use the TARS information provided by PACIFIC. CLEC will not permit anyone but its duly authorized employees or agents to inspect or use this information. CLEC agrees to pay PACIFIC a recurring usage rate as set forth in Appendix Pricing in the “Other (RESALE)” category listed as “Traffic Alert Referral Service.””‌ 7.6.1.2 CLEC shall be liable for all fraud associated with any resale service to which it subscribes. PACIFIC takes no responsibility, will not investigate, and will make no adjustments to CLEC’s account(s) in cases of fraud or any other related End User dispute. 7.6.1.3 In addition to any other indemnity obligations in this Agreement or any Appendix attached hereto, PACIFIC shall not be liable for any damages to CLEC or to any other person or entity for PACIFIC’s actions or the conduct of its employees in providing TARS to CLEC. CLEC shall indemnify, defend, and hold PACIFIC harmless from any and all claims, lawsuits, costs, damages, liabilities, losses, and expenses, including reasonable attorney fees, resulting from or in connection with CLEC’s use of PACIFIC’s TARS, except when such claims, lawsuits, costs, damages, liabilities, losses, or expenses are proximately caused by the willful misconduct or gross negligence of PACIFIC or its employees.

Traffic Alert Referral Service. 7.6.1.1 Traffic Alert Referral Service (“TARS”) is a service that monitors traffic patterns associated with a CLEC’s resold lines. On no less than thirty (30) calendar days written notice, CLEC may order PACIFICSBC CALIFORNIA’s TARS. In providing TARS to CLEC, PACIFIC SBC CALIFORNIA notifies the CLEC of traffic abnormalities that indicate the possible occurrence of intraLATA fraud and furnishes to CLEC information on all 1+ alerts. CLEC understands and agrees that PACIFIC SBC CALIFORNIA will use electronic mail to provide such information and that such information will only be available via electronic mail at the present time. It is the responsibility of CLEC to provide PACIFIC SBC CALIFORNIA with the correct email address. Information will be provided on a per-alert basis and will be priced on a per-alert basis. PACIFIC SBC CALIFORNIA grants to CLEC a non- non-exclusive right to use the TARS information provided by PACIFICSBC CALIFORNIA. CLEC LEC will not permit anyone but its duly authorized employees or agents to inspect or use this information. CLEC agrees to pay PACIFIC SBC CALIFORNIA a recurring usage rate as set forth in Appendix Pricing in the “Other OTHER (RESALEResale)” category listed as “Traffic Alert Referral Service.” 7.6.1.2 7.7.1.2 CLEC shall be liable for all fraud associated with any resale service to which it subscribes. PACIFIC SBC CALIFORNIA takes no responsibility, will not investigate, and will make no adjustments to CLEC’s account(s) in cases of fraud or any other related End User dispute. 7.6.1.3 7.7.1.3 In addition to any other indemnity obligations in this Appendix or in the Agreement or any to which this Appendix attached heretois attached, PACIFIC SBC CALIFORNIA shall not be liable for any damages to CLEC or to any other person or entity for PACIFICSBC CALIFORNIA’s actions or the conduct of its employees in providing TARS to CLEC. CLEC shall indemnify, defend, and hold PACIFIC SBC CALIFORNIA harmless from any and all claims, lawsuits, costs, damages, liabilities, losses, and expenses, including reasonable attorney fees, resulting from or in connection with CLEC’s use of PACIFICSBC CALIFORNIA’s TARS, except when such claims, lawsuits, costs, damages, liabilities, losses, or expenses are proximately caused by the willful misconduct or gross negligence of PACIFIC SBC CALIFORNIA or its employees. 7.8 This section applies only to SBC CALIFORNIA: 7.8.1 SBC CALIFORNIA will make available to CLEC an optional service, Repair Transfer Service (“RTS”). In the event a CLEC’s End User dials 611 (811-8081 for Priority Business customers) for repair, SBC CALIFORNIA will provide a recorded announcement of the CLEC name and number and SBC CALIFORNIA will automatically transfer the caller to the CLEC designated 800/888 number for repair service. CLEC must provide written notification to SBC CALIFORNIA at least thirty (30) calendar days prior to the implementation of RTS. Written notification must include the CLEC name and 800/888 numbers for RTS to the CLEC repair bureau and business office. There will be no charges associated with the initial set-up for RTS, however, charges will apply to any subsequent changes to the recorded name announcement and telephone number. Rates for subsequent changes are set forth in the Appendix Pricing in the “OTHER (Resale)" category listed as “Repair Transfer Service.” Subsequent charges include: Recorded Name Announcement, 800/888 Telephone Number and Name Announcement & Telephone Number.

Traffic Alert Referral Service. 7.6.1.1 Traffic Alert Referral Service (“TARS”) is a service that monitors traffic patterns associated with a CLEC’s resold lines. On no less than thirty (30) calendar days written notice, CLEC may order PACIFIC’s TARS. In providing TARS to CLEC, PACIFIC notifies CLEC of traffic abnormalities that indicate the possible occurrence of intraLATA fraud and furnishes to CLEC information on all 1+ alerts. CLEC understands and agrees that PACIFIC will use electronic mail to provide such information and that such information will only be available via electronic mail at the present time. It is the responsibility of CLEC to provide PACIFIC with the correct email address. Information will be provided on a per-per- alert basis and will be priced on a per-alert basis. PACIFIC grants to CLEC a non- non-exclusive right to use the TARS information provided by PACIFIC. CLEC will not permit anyone but its duly authorized employees or agents to inspect or use this information. CLEC agrees to pay PACIFIC a recurring usage rate as set forth in Appendix Pricing in the “Other (RESALE)” category listed as “Traffic Alert Referral Service.” 7.6.1.2 CLEC shall be liable for all fraud associated with any resale service to which it subscribes. PACIFIC takes no responsibility, will not investigate, and will make no adjustments to CLEC’s account(s) in cases of fraud or any other related End User dispute. 7.6.1.3 In addition to any other indemnity obligations in this Agreement or any Appendix attached hereto, PACIFIC shall not be liable for any damages to CLEC or to any other person or entity for PACIFIC’s actions or the conduct of its employees in providing TARS to CLEC. CLEC shall indemnify, defend, and hold PACIFIC harmless from any and all claims, lawsuits, costs, damages, liabilities, losses, and expenses, including reasonable attorney fees, resulting from or in connection with CLEC’s use of PACIFIC’s TARS, except when such claims, lawsuits, costs, damages, liabilities, losses, or expenses are proximately caused by the willful misconduct or gross negligence of PACIFIC or its employees.