Unlawful Use of Service. Services, facilities or unbundled elements provided by either Party pursuant to this Agreement shall not be used by the other Party or its end-users for any purpose in violation of law. Each Party shall be responsible to ensure that their use of service and their end-users use of services, facilities or unbundled elements provided hereunder comply at all times with all applicable laws. Either Party may refuse to furnish service to the other Party or disconnect particular services, facilities or unbundled elements provided under this Agreement, as appropriate, when (i) an order is issued by a court of competent jurisdiction finding that probable cause exists to believe that the use made or to be made of the service, facilities or unbundled elements is prohibited by law or (ii) the Party providing service is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished is being used or will be used for the purpose of transmitting or receiving information in interstate or foreign commerce in violation of law. Termination of service shall take place after reasonable notice is provided to other Party as provided for under this Agreement, or as ordered by the court. If facilities have been physically disconnected by law enforcement officials at the premises where located, and if there is not presented to the disconnecting Party the written finding of a court, then upon request of the disconnected Party, and its agreement to pay restoration of service charges and other applicable service charges, the disconnecting Party shall promptly restore such service.
Appears in 2 contracts
Samples: Resale and Unbundling Agreement, Resale and Unbundling Agreement
Unlawful Use of Service. Services, facilities or unbundled elements provided by either Party pursuant to this Agreement shall not be used by the other Party or its end-users for any purpose in violation of law. Each Party shall be responsible to ensure that their use of service and their end-users use of services, facilities or unbundled elements provided hereunder comply at all times with all applicable laws. Either Party may refuse to furnish service to the other Party or disconnect particular services, facilities or unbundled elements provided under this Agreement, as appropriate, when (i) an order is issued by a court of competent jurisdiction finding that probable cause exists to believe that the use made or to be made of the service, facilities or unbundled elements is prohibited by law or (ii) the Party providing service is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished is being used or will be used for the purpose of transmitting or receiving gambling or other information in interstate or foreign commerce in violation of law. Termination of service shall take place after reasonable notice is provided to other Party as provided for under this Agreement, or as ordered by the court. If facilities have been physically disconnected by law enforcement officials at the premises where located, and if there is not presented to the disconnecting Party the written finding of a court, then upon request of the disconnected Party, and its agreement to pay restoration of service charges and other applicable service charges, the disconnecting Party shall promptly restore such service.
Appears in 1 contract
Samples: Resale and Unbundling Agreement
Unlawful Use of Service. Services, facilities or unbundled elements provided by either Party pursuant to this Agreement shall not be used by the other Party or its end-users for any purpose in violation of law. Each Party shall be responsible to ensure that their use of service each other Party and their its end-users use of services, facilities or unbundled elements provided hereunder comply at all times with all applicable laws. Either Party may refuse to furnish service to the other Party or disconnect particular services, facilities or unbundled elements provided under this Agreement, as appropriate, appropriate when (i) an order is issued by a court of competent jurisdiction finding that probable cause exists to believe that the use made or to be made of the service, facilities or unbundled elements is prohibited by law or (ii) the Party providing service is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished by CenturyTel is being used or will be used for the purpose of transmitting or receiving information in interstate or foreign commerce in violation of law. Termination of service shall take place after reasonable notice is provided to other Party as provided for under this Agreement, or as ordered by the court. If facilities have been physically disconnected by law enforcement officials at the premises where located, and if there is not presented to the disconnecting Party the written finding of a court, then upon request of Party receiving the disconnected Party, and its agreement to pay restoration of service charges and other applicable service chargesservice, the disconnecting Party shall promptly restore such service.
Appears in 1 contract
Samples: Resale and Unbundling Agreement