Common use of MONITORING THE SERVICES Clause in Contracts

MONITORING THE SERVICES. Hotwire has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if Hotwire, in its sole discretion, believes that it is reasonable to do so, including satisfying laws, regulations, or governmental or legal requests, operating the Service properly, and/or protecting itself and its subscribers. Please see our Privacy Policy located at [insert link]. Hotwire may immediately remove your material or information from Hotwire's servers, in whole or in part, which Hotwire, in its sole and absolute discretion, determines infringes upon another's property rights or to violates Hotwire’s Acceptable Use Policy. CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES,WHICH MAY BE PASSED THROUGH HOTWIRE TO ITS CUSTOMERS AT NO ADDITIONAL CHARGE. HOTWIRE WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO ITS CUSTOMERS. AT ITS SOLE OPTION, HOTWIRE OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF HOTWIRE'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, REPAIRS OR MODIFICATIONS BY ANYONE OTHER THAN HOTWIRE OR ITS CONTRACTORS. HOTWIRE RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. HOTWIRE WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF HOTWIRE'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS. THE SERVICES AND EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOTWIRE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, AND/OR OTHER HARMFUL COMPONENTS. HOTWIRE MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH HOTWIRE OR THE INTERNET. NO ADVICE OR INFORMATION GIVEN BY HOTWIRE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. HOTWIRE AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, HOTWIRE'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD. HOTWIRE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM OTHER USERS ACCESSING YOUR COMPUTER, SECURITY BREACHES, EAVESDROPPING, DENIAL OF SERVICE ATTACKS, INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES,YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; ALSO THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY, THE ACCURACY, COMPLETENESS, AND/OR USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION, AND/OR THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF HOTWIRE, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST HOTWIRE IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL ▇▇▇▇▇▇.▇▇▇ MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

MONITORING THE SERVICES. Hotwire ▇▇▇▇▇▇▇▇ Communications has no obligation to monitor the ServiceServices, but may do so and disclose information regarding use of the Service Services for any reason if Hotwire▇▇▇▇▇▇▇▇ Communications, in its sole discretion, believes that it is reasonable to do so, including satisfying to: satisfy laws, regulations, or governmental or legal requests, operating ; operate the Service properly, and/or protecting ; or protect itself and its subscribers. Please see our Privacy Policy located at [insert link]Policy. Hotwire ▇▇▇▇▇▇▇▇ Communications may immediately remove your material or information from Hotwire's ▇▇▇▇▇▇▇▇ Communications servers, in whole or in part, which Hotwire▇▇▇▇▇▇▇▇ Communications, in its sole and absolute discretion, determines infringes upon to infringe another's property rights or to violates Hotwire’s violate our Acceptable Use Policy. CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES,, WHICH MAY BE PASSED THROUGH HOTWIRE ▇▇▇▇▇▇▇▇ COMMUNICATIONS (RC) TO ITS CUSTOMERS YOU AT NO ADDITIONAL CHARGE. HOTWIRE RC WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO ITS CUSTOMERSYOU. AT ITS SOLE OPTIONOPTION WITHIN THE INITIAL TERM, HOTWIRE RC OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES. THIS PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER.THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF HOTWIRERC'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, REPAIRS OR MODIFICATIONS REPAIR OR MODIFICATION BY ANYONE OTHER THAN HOTWIRE RC OR ITS CONTRACTORSCONTRACTOR. HOTWIRE RC RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. HOTWIRE RC WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF HOTWIRERC'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS. THE SERVICES AND EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOTWIRE RC DOES NOT WARRANT THAT THE SERVICE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, AND/OR OTHER HARMFUL COMPONENTS. HOTWIRE RC MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, INFORMATION OR SERVICE PROVIDED THROUGH HOTWIRE RC OR THE INTERNETINTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY HOTWIRE RC OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. HOTWIRE RC AND ITS IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, HOTWIRERC'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD. HOTWIRE RC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ,ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM FROM: OTHER USERS ACCESSING YOUR COMPUTER, ; SECURITY BREACHES, ; EAVESDROPPING, ; DENIAL OF SERVICE ATTACKS, ; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES,; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSIONSOMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; ALSO THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY, ; THE ACCURACY, COMPLETENESS, AND/OR AND USEFULNESS OF ALL SERVICES, PRODUCTS,, AND OTHER INFORMATION, AND/OR AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF HOTWIRERC, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST HOTWIRE RC IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL ▇▇▇▇▇▇.▇▇▇ RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.