Common use of UNAUTHORIZED USE OF SERVICES Clause in Contracts

UNAUTHORIZED USE OF SERVICES. Except as provided herein, Customer, and not WIN, shall bear the risk of loss arising from any unauthorized or fraudulent usage of the Services provided by WIN to Customer. WIN reserves the right, but is not required, to take any and all action it deems appropriate (including blocking access to particular calling numbers or geographic areas) to prevent or terminate any fraud or abuse, or any use thereof, provided, however, that any such action shall be consistent with applicable federal and state laws, rules, and regulations. Notwithstanding the foregoing, Customer shall not be liable for unauthorized or fraudulent usage to the extent that (i) Customer has previously notified WIN of the problem in writing; (ii) the problem was within WIN's reasonable ability to correct or prevent, and (iii) WIN negligently or willfully fails to correct or prevent such unauthorized or fraudulent usage.

UNAUTHORIZED USE OF SERVICES. a) Except as provided hereinin subsection (b) below, CustomerClient, and not WINBBS, shall bear the risk of loss arising from any unauthorized or fraudulent usage of the Services provided by WIN under the Agreement to CustomerClient. WIN BBS reserves the right, but is not required, to take any and all action it deems appropriate (including blocking access to particular calling numbers or geographic areas) to prevent or terminate any fraud or abuseabuse in connection with the Services, or any use thereof, provided, however, that any such action shall be consistent with applicable federal and state laws, rules, and regulations. . b) Notwithstanding the foregoing, Customer Client shall not be liable for unauthorized or fraudulent usage to the extent that (i) Customer Client has previously notified WIN BBS of the problem in writingproblem; (ii) the problem was within WIN's BBS’s reasonable ability to correct or prevent, and (iii) WIN BBS negligently or willfully fails to correct or prevent such unauthorized or fraudulent usage.