Ad Serving. Publisher understands and agrees that from time to time the Ad Network ad serving may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Ad Network may undertake from time to time; or (iii) other causes beyond the control of Ad Network, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures. While Ad Network will attempt to provide ad serving on a continuous basis, Publisher acknowledges and agrees that Ad Network has no control over the availability of ad serving on a continuous or uninterrupted basis. Publisher also understands and agrees that Ad Network is not responsible for the functionality of any third-party website or interface. Failure to deliver because of technical difficulties does not represent a failure to meet the delivery obligations of this Agreement.
Appears in 2 contracts
Sources: Publisher Agreement (FOTV Media Networks Inc.), Publisher Agreement (FilmOn.TV Networks Inc.)