Common use of Limitations on Service Clause in Contracts

Limitations on Service. Service is offered subject to the availability of the necessary systems, facilities, and equipment, and where AT&T Long Distance provides Service. AT&T Long Distance may refuse to provide Service to or from a location where the necessary systems, facilities, or equipment are not available. As used herein, the terms “availability” and “available” refer to systems, facilities, and equipment owned by AT&T Long Distance and AT&T Long Distance’s current capacity purchased from third party providers. In cases where Service is not currently available, AT&T Long Distance shall not be obligated to provide Service by a particular time or in a particular manner. If the parties cannot agree concerning the provision of currently unavailable Service, either party may cancel Customer’s order for such Service. Service is subject to the following limitations: (a) AT&T Long Distance reserves the right to discontinue or limit Service when necessitated by conditions beyond its control or when Service is used in violation of these terms and conditions or the law. (b) AT&T Long Distance does not undertake to transmit messages, but offers its Service when available, and shall not be liable for errors in transmission or for failure to establish connections. (c) AT&T Long Distance reserves the right to refuse to process Third Party Vendor calls when standard validation techniques cannot confirm acceptance. (d) AT&T Long Distance reserves the right to refuse to process Third Party Vendor calls when authorization cannot be validated. (e) AT&T Long Distance reserves the right to discontinue or limit Service, or to impose requirements, as required, to meet changing regulatory or statutory rules and standards. (f) Service offered by AT&T Long Distance is available only in states where AT&T Long Distance has obtained authority to provide Services. (g) AT&T Long Distance may rely on third parties to provide a portion of the Service. Selection of Third Party Vendors is made by AT&T Long Distance, which reserves the right to change Third Party Vendors at any time. (h) AT&T Long Distance reserves the right to change Third Party Vendors at any time. (i) AT&T Long Distance does not offer 101XXXX dialing. Except for Operator Toll Assistance Service and Directory Assistance Service, the Applicant or Customer must affirmatively select AT&T Long Distance as the long distance service provider to receive Service from AT&T Long Distance. (j) AT&T Long Distance does not generally provide echo suppression. (k) AT&T Long Distance’s failure to give notice of default or to enforce or insist upon compliance with any of these terms and conditions, or AT&T Long Distance’s grant of a waiver of any term or condition herein or of an extension of time for performance will not constitute a permanent waiver of any such term or condition. (C) (D) (D) SECTION 2 – TERMS AND CONDITIONS

Limitations on Service. Service is offered subject to the availability of the necessary systems, facilities, and equipment, and where AT&T Long Distance provides Service. AT&T Long Distance may refuse to provide Service to or from a location where the necessary systems, facilities, or equipment are not available. As used herein, the terms “availability” and “available” refer to systems, facilities, and equipment owned by AT&T Long Distance and AT&T Long Distance’s current capacity purchased from third party providers. In cases where Service is not currently available, AT&T Long Distance shall not be obligated to provide Service by a particular time or in a particular manner. If the parties cannot agree concerning the provision of currently unavailable Service, either party may cancel Customer’s order for such Service. Service is subject to the following limitations: (a) AT&T Long Distance reserves the right to discontinue or limit Service when necessitated by conditions beyond its control or when Service is used in violation of these terms and conditions or the law. (b) AT&T Long Distance does not undertake to transmit messages, but offers its Service when available, and shall not be liable for errors in transmission or for failure to establish connections. (c) AT&T Long Distance reserves the right to refuse to process Third Party Vendor calls when standard validation techniques cannot confirm acceptance. (d) AT&T Long Distance reserves the right to refuse to process Third Party Vendor calls when authorization cannot be validated. (e) AT&T Long Distance reserves the right to discontinue or limit Service, or to impose requirements, as required, to meet changing regulatory or statutory rules and standards. (f) Service offered by AT&T Long Distance is available only in states where AT&T Long Distance has obtained authority to provide Services. (g) AT&T Long Distance may rely on third parties to provide a portion of the Service. Selection of Third Party Vendors is made by AT&T Long Distance, which reserves the right to change Third Party Vendors at any time. (h) AT&T Long Distance reserves the right to change Third Party Vendors at any time. (i) AT&T Long Distance does not offer 101XXXX dialing. Except for Operator Toll Assistance Service and Directory Assistance Service, the Applicant or Customer must affirmatively select AT&T Long Distance as the long distance service provider to receive Service from AT&T Long Distance. (j) AT&T Long Distance does not generally provide echo suppression. For Services that require Dedicated Access to reach the long distance network, AT&T Long Distance will determine, in its sole discretion, when echo suppression will be provided. (k) AT&T Long Distance’s failure to give notice of default or to enforce or insist upon compliance with any of these terms and conditions, or AT&T Long Distance’s grant of a waiver of any term or condition herein or of an extension of time for performance will not constitute a permanent waiver of any such term or condition. (C) (D) (D) SECTION 2 – TERMS AND CONDITIONS.