Common use of Service Conditions Clause in Contracts

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s Service.

Appears in 2 contracts

Sources: Avs Hosted PBX Service Agreement, Avs Hosted PBX Service Agreement

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-on- site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal /legal. Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s Service.

Appears in 2 contracts

Sources: Business Internet Service Agreement, Business Internet Service Agreement

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX Faxing service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s Service.

Appears in 2 contracts

Sources: Hosted Faxing Service Agreement, Hosted Faxing Service Agreement

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-on- site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s Service.

Appears in 2 contracts

Sources: Pots Lines Service Agreement, Point to Point VPN Tunnel Service Agreement

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Any representations or warranties made by provider of SSL certificates exist solely between Customer agrees and such provider. LightEdge makes no representations or warranties of such 3rd party representations. LightEdge has no responsibility or liability with regard to such 3rd party representations or warranties. LightEdge bears no financial, legal or operational responsibility for Domains or Certificates that any service complaints including concerns regarding level are taken over by another party whether by lapse of supportannual registration fee, productsmalicious takeover, service reliabilitycompany transfer, lack of customer communication, human error, forged paperwork, or any other concerns related cause. LightEdge makes no representation as to ability to obtain Service for Customer. LightEdge will not attempt to obtain Service via any party other than a public registrar of LightEdge’s choosing. LightEdge reserves the right to deem Service unavailable for any reason. This includes but is not limited to Domains containing obscenities, Service with questionable ownership claim, Domains being reported as unavailable by registrar or Services being provided by LIghtEdge will be communicated to Domains that do not meet DNS standards. LightEdge by sending an email reserves the right to ▇▇@▇▇▇▇▇▇▇▇.▇▇▇▇ customer at standard hourly engineering rates for any support requests that require more than one (1) hour per month or for any installation requests that take more than two (2) hours during initial provisioning relating to Service. If number portability is requiredUnless otherwise specified Service cannot be changed and Customer shall be held financially responsible for Service after LightEdge has performed initial provisioning of Service. Name changes, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up domain changes or other such fundamental changes to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will Service shall be billable. Customer acknowledges treated entirely as new Service and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights terms of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s new Service.

Appears in 1 contract

Sources: SSL Certificates Service Agreement

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX AVS Converged Access Trunk service is used in a country other than the United Unites States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s Service.

Appears in 1 contract

Sources: Service Agreement

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX Faxing service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s Service.

Appears in 1 contract

Sources: Hosted Faxing Service Agreement

Service Conditions. ▪ Out of Scope. Anything not specifically described in this Service Description is out of scope and is not included in the Service. Customer acknowledges, understands and agrees that Symantec does not guarantee or otherwise warrant that the Service, or Symantec’s recommendations and plans made by Symantec as a result of that Service, will result in the identification, detection, containment, eradication of, or recovery from all of Customer’s system threats, vulnerabilities, malware, malicious software, or other malicious threats. Customer agrees not to represent to anyone that Symantec has provided such a guarantee or warranty. ▪ Service Days Expiration. All Services and Service Days expire if not used and delivered as specified in this Service Description (including without limitation any applicable Incident Investigations) and no credit or refund will be due Customer for any expired or unused Services. ▪ Offsite Analysis. Customer authorizes Symantec to perform any offsite analysis of Customer Data necessary for the Service. Accordingly, Customer acknowledges and agrees that Symantec may be required to connect its computers and equipment directly to Customer’s computer network. Customer explicitly consents to Symantec connecting its computers and equipment directly to Customer’s computer network and Customer assumes all risk and liability in this regard and Symantec shall have no liability in this regard whatsoever. ▪ Service Hours. Except for Customer’s 24/7 access to request assistance (as described in the Service features), all Services will be performed during Normal Business Hours. However, it is understood that an Incident Investigation is provided on an urgent basis, and that flexibility may be requested and accommodated, subject to local labor laws and the free choice of the individual resources delivering the Incident Investigation. ▪ Reporting. Customer acknowledges and agrees that in the course of delivering the Services, Symantec may become aware of issues such as data breaches, network intrusions, or the presence of malware, and that such issues may give rise to regulatory reporting obligations which Customer is subject to in one of more territories in which Customer operates. Accordingly, Customer shall remain solely responsible for all such reporting requirements and Symantec shall have no liability in this regard whatsoever. ▪ Personnel. Symantec reserves the right to assign any suitable skilled resource(s) available to provide Services. Symantec is not obligated to provide a specific Symantec resource or third‐party resource. ▪ Access Rights. Customer acknowledges, understands and agrees that dedicated network connections, unless protected an unauthorized intrusion into wireless access points may be prohibited by an Internet security product or applicable local law. By using the Service, may significantly decrease Customers overall Customer is: (i) explicitly confirming to Symantec that it has obtained all applicable consents and authority for Symantec to deliver the Service; and (ii) giving Symantec explicit permission to perform the Service and to access and process any and all data related to the Service, including without limitation, consent to analyze network security level traffic in real time to detect evidence of known malicious communication patterns and performancetraffic containing unrecognized malicious code (malware), connect to Customer’s computer network, archive and retain all network traffic captured as part of Services (including to store any malware and metadata supplied by Customer, or anyone else working with or for Customer), and (iii) representing that such access and processing by Symantec does not violate any applicable law or any obligation Customer owes to a third party; and (iv) accepting sole responsibility and liability with respect to engagement of such Service. To the extent Customer deems necessaryAccordingly, Customer will implement security procedures warrants and controls necessary represents that it is the owner or licensee of any network, systems, IP addresses software, appliances, code, templates, tools, policies, records, working papers, data and/or computers upon which Symantec performs the Service ("Customer Systems"), and that Customer is authorized to limit access instruct Symantec to perform the Service on such Customer Systems. Customer shall fully indemnify and hold harmless Symantec for any claims by any third parties with respect to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost Limitation. Applicable law or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery regulation(s) of the local loop is delayedcountry in which Services, then provisioning of Customer’s Service including without limitation an Incident Investigation, will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment performed may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If alter the Hosted PBX service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse scope of the Services. ▪ EXCLUSIONS. The following services (“Litigation Support Services”) are explicitly excluded from the Services: o Depositions, whether known fact witness testimony, expert witness testimony, affidavits, declarations, expert reports; o Responding to discovery requests, subpoenas; o eDiscovery services; o Other forms of litigation support or unknown, participation in any legal proceeding relating to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage subject matter of the Customer’s Serviceengagement (including those involving a governmental entity).

Appears in 1 contract

Sources: Incident Response Retainer Services Agreement

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Any representations or warranties made by provider of Managed DNS exist solely between Customer agrees and such provider. LightEdge makes no representations or warranties of such 3rd party representations. LightEdge has no responsibility or liability with regard to such 3rd party representations or warranties. LightEdge bears no financial, legal or operational responsibility for Domains or Certificates that any service complaints including concerns regarding level are taken over by another party whether by lapse of supportannual registration fee, productsmalicious takeover, service reliabilitycompany transfer, lack of customer communication, human error, forged paperwork, or any other concerns related cause. LightEdge makes no representation as to LightEdge or Services being provided by LIghtEdge will be communicated ability to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) obtain Service for both a Remote Always Call Forward (RACF) order and a DID moveCustomer. LightEdge will place orders not attempt to obtain Service via any party other than a public registrar of LightEdge’s choosing. LightEdge reserves the right to deem Service unavailable for RACF and DID move on behalf of Customerany reason. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network This includes but is not up limited to Domains containing obscenities, Service with questionable ownership claim, Domains being reported as unavailable by registrar or Domains that do not meet DNS standards. LightEdge reserves the right to bill customer at standard hourly engineering rates for any support requests that require more than one (1) hour per month or for any installation requests that take more than two (2) hours during initial provisioning relating to Service. Unless otherwise specified Service cannot be changed and Customer shall be held financially responsible for Service after LightEdge has performed initial provisioning of Service. Name changes, domain changes or other such fundamental changes to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will Service shall be billable. Customer acknowledges treated entirely as new Service and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights terms of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s new Service.

Appears in 1 contract

Sources: Managed DNS Service Agreement

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX AVS Converged Access Trunk service is used in a country other than the United Unites States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s Service.

Appears in 1 contract

Sources: Service Agreement

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s Service.

Appears in 1 contract

Sources: Avs Hosted PBX Service Agreement

Service Conditions. ▪ No Refund. The Service(s) are non‐cancellable and payments for the Service(s) are non‐refundable. ▪ Out of Scope. Anything not specifically described in this Service Description is out of scope and is not included in the Service. Customer acknowledges, understands and agrees that Symantec does not guarantee or otherwise warrant that the Service, or Symantec’s recommendations and plans made by Symantec as a result of that Service, will result in the identification, detection, containment, eradication of, or recovery from all of Customer’s system threats, vulnerabilities, malware, malicious software, or other malicious threats. Customer agrees not to represent to anyone that Symantec has provided such a guarantee or warranty. ▪ Service Days Expiration. All Services and Service Days expire if not used and delivered as specified in this Service Description (including without limitation any applicable Incident Investigations) and no credit or refund will be due Customer for any expired or unused Services. ▪ Offsite Analysis. Customer authorizes Symantec to perform any offsite analysis of Customer Data necessary for the Service. Accordingly, Customer acknowledges and agrees that Symantec may be required to connect its computers and equipment directly to Customer’s computer network. Customer explicitly consents to Symantec connecting its computers and equipment directly to Customer’s computer network and Customer assumes all risk and liability in this regard and Symantec shall have no liability in this regard whatsoever. ▪ Service Hours. Except for Customer’s 24/7 access to request assistance (as described in the Service features), all Services will be performed during Normal Business Hours. However, it is understood that an Incident Investigation is provided on an urgent basis, and that flexibility may be requested and accommodated, subject to local labor laws and the free choice of the individual resources delivering the Incident Investigation. ▪ Reporting. Customer acknowledges and agrees that in the course of delivering the Services, Symantec may become aware of issues such as data breaches, network intrusions, or the presence of malware, and that such issues may give rise to regulatoryreporting obligations which Customer is subject to in one of more territories in which Customer operates. Accordingly, Customer shall remain solely responsible for all such reporting requirements and Symantec shall have no liability in this regard whatsoever. ▪ Personnel. Symantec reserves the right to assign any suitable skilled resource(s) available to provide Services. Symantec is not obligated to provide a specific Symantec resource or third‐party resource. ▪ Access Rights. Customer acknowledges, understands and agrees that dedicated network connections, unless protected an unauthorized intrusion into wireless access points may be prohibited by an Internet security product or applicable local law. By using the Service, may significantly decrease Customers overall Customer is: (i) explicitly confirming to Symantec that it has obtained all applicable consents and authority for Symantec to deliver the Service; and (ii) giving Symantec explicit permission to perform the Service and to access and process any and all data related to the Service, including without limitation, consent to analyze network security level traffic in real time to detect evidence of known malicious communication patterns and performancetraffic containing unrecognized malicious code (malware), connect to Customer’s computer network, archive and retain all network traffic captured as part of Services (including to store any malware and metadata supplied by Customer, or anyone else working with or for Customer), and (iii) representing that such access and processing by Symantec does not violate any applicable law or any obligation Customer owes to a third party; and (iv) accepting sole responsibility and liability with respect to engagement of such Service. To the extent Customer deems necessaryAccordingly, Customer will implement security procedures warrants and controls necessary represents that it is the owner or licensee of any network, systems, IP addresses software, appliances, code, templates, tools, policies, records, working papers, data and/or computers upon which Symantec performs the Service ("Customer Systems"), and that Customer is authorized to limit access instruct Symantec to perform the Service on such Customer Systems. Customer shall fully indemnify and hold harmless Symantec for any claims by any third parties with respect to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost Limitation. Applicable law or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery regulation(s) of the local loop is delayedcountry in which Services, then provisioning of Customer’s Service including without limitation an Incident Investigation, will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment performed may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If alter the Hosted PBX service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse scope of the Services. ▪ EXCLUSIONS. The following services (“Litigation Support Services”) are explicitly excluded from the Services: o Depositions, whether known fact witness testimony, expert witness testimony, affidavits, declarations, expert reports; o Responding to discovery requests, subpoenas; o eDiscovery services; o Other forms of litigation support or unknown, participation in any legal proceeding relating to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage subject matter of the Customer’s Serviceengagement (including those involving a governmental entity).

Appears in 1 contract

Sources: Service Description

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that LightEdge will make commercially reasonable efforts to provision Service. However, provisioning of Service is contingent upon the availability of Service capable local loops to Customer’s location being made available to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-on- site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer customer does not have internal resources available. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s Service./legal

Appears in 1 contract

Sources: Pots Lines Service Agreement

Service Conditions. Customer acknowledges and understands that dedicated network connections, unless protected by an Internet security product or Service, may significantly decrease Customers overall network security level and performance. To the extent Customer deems necessary, Customer will implement security procedures and controls necessary to limit access to the Service. Service and Customer will maintain facilities and procedures external to the Service for reconstruction of lost or altered files, data or programs. Customer understands that Operating system and log transport agent configurations must comply with LightEdge will make commercially reasonable efforts to provision Servicestandard setup requirements. However, provisioning of Service is contingent upon LightEdge provides configuration guide for supported Devices. In the availability of Service capable local loops to event Customer’s location being made available configuration cannot or does not comply with LightEdge’s standard setup requirements current hourly rates will apply to LightEdge. If no such Service-capable local loop is available to LightEdge, then Service will not be provisioned and if delivery of the local loop is delayed, then provisioning of develop a custom solution for Customer’s Service will be delayed as well. Customer understands that even after the Service circuit is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other Service connections, high frequency sources close to the telephone line, etc. may deteriorate the quality or speed of the Service circuit resulting in reduced throughput. LightEdge will undertake reasonable effort to restore the original quality or speed, but restoration is not guaranteed and the Service may be deemed technically not feasible. If the Service circuit is deemed technically not feasible, the Customer will be asked to disconnect the circuit at no cost or without penalty. If the Customer chooses to continue to use the circuit, after it is deemed technically not feasible, Customer understands that the line will not be supported by LightEdge from a maintenance perspective. Customer acknowledges that in the event of a trouble, Customer is responsible for on-on- site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble, including the cost of a 3rd party vendor if Customer customer does not have internal resources available. Customer agrees to coordinate Device log rotation with LightEdge and acknowledges that failure to do so may adversely affect ability of LightEdge to deliver Service. LightEdge may modify Services described herein to comply with various regulatory requirements (e.g. changes by a regulatory agency, legislative body, or court of competent jurisdiction). Customer agrees to work with LightEdge in good faith to amend Service agreement as necessary under these conditions. Customer acknowledges that Service may cause equipment, software or communications failures and could interrupt or disrupt network services and agrees to not hold LightEdge liable for such occurrences. Customer acknowledges that any material change to a Device, operating system or application may force a re-instigation of the Implementation process performed during Service turn-up or modification and development of log transport agents. Such services will be subject to billing at current hourly rates. Customer agrees to work with LightEdge to mitigate any inordinate amount of Events being processed by Service. LightEdge shall be sole party responsible for determining if a quantity of Events shall be deemed inordinate. In no event shall hosting reseller or its security service providers be liable for any incidental, indirect, exemplary, special, consequential, or punitive damages that may be suffered or incurred by customer or any person or entity affiliated or associated with customer, even if advised of the possibility of such damages or such damages result from performance, attempted performance, or non-performance, including without limitation, damages resulting from the use of any work product, implementation of any recommendations, inaccuracy or inability to use results from the services, delay of delivery or completion of the services, inaccuracy or misrepresentation of data, or loss of profits, data, business or goodwill. In addition, the liability of hosting reseller and its security service providers, their employees and subcontractors, and all persons and entities affiliated or associated with hosting reseller and its security service providers, for losses, damages, liabilities, suits and claims, regardless of the form of action and the person or entity bringing such action, shall not exceed the total amount of fees paid by customer to hosting reseller during the prior twelve month period for the licensed services that cause the loss or injury or are the subject matter of the claim or cause of action. Customer acknowledges that Service does not provide guarantee or warrant of protection. Customer agrees that LightEdge shall not be held liable in the event of security breach, attack, unintended release of sensitive information or other such event while using Service. If Customer bandwidth utilization exceeds the initially contracted tier of Service at any time then Customer agrees to upgrade Service as necessary to continue providing Service. LightEdge shall not be responsible for failure of Service due to Customer exceeding bandwidth limitations of purchased Service tier. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. If number portability is required, Customer agrees to provide LightEdge with a Letter of Authorization (LOA) for both a Remote Always Call Forward (RACF) order and a DID move. LightEdge will place orders for RACF and DID move on behalf of Customer. Failure to provide LOA will result in delay in installation. If it is determined in the course of the installation that Customers network is not up to the appropriate specifications for LightEdge to provide this service Customer agrees to make any network changes necessary to bring their network into compliance. If LightEdge performs these changes, services will be billable. Customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by LightEdge. The Service is not subject to the same regulatory treatment as a traditional telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. If the Hosted PBX service is used in a country other than the United States, Customer does so at their own risk, including risk that such activity violates local laws in the country where service is used. Customer is liable for any and all such use of the Service and agrees to indemnify and hold harmless LightEdge against any and all liability for any such use. If the Hosted PBX service is delivered to an off-gateway location Customer acknowledges that they will be solely responsible for the POTS lines handling local phone service. Some HPBX features or functionality may not be available with an off-gateway deployment. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer’s obligation to take all measures to ensure against such occurrences. Customer is responsible to protect all confidential information and remain diligent in enforcing security measures. LightEdge will make every effort to detect fraudulent calls and contact Customer immediately. LightEdge will in no way be held liable for charges, penalty, or damages caused by telecommunications usage of the Customer’s Service.

Appears in 1 contract

Sources: Hosted Ids Service Agreement