Common use of VIOLATIONS AND ENFORCEMENT Clause in Contracts

VIOLATIONS AND ENFORCEMENT. At NetGain's sole and reasonable discretion, violations of any element of this AUP may result in a warning to the offender followed by suspension or termination of the Service if Client does not cease the violation. NetGain may immediately suspend or terminate Service with or without notice if NetGain reasonably determines that a violation of the AUP has occurred. NetGain will enforce this AUP according to the severity of the offense and violator's history of prior AUP infringements. Severe and/or repeated offenses will result in immediate termination of Service. NetGain is not liable for damages of any nature suffered by any Client, end-user, or any Third-Party resulting in whole or in part from NetGain exercising its rights under this AUP. NetGain has no practical ability to monitor all conduct, communications, or content that might violate this AUP prior to its transmission over the NetGain Network but, where possible and necessary, may do so at its discretion. Therefore, NetGain does not assume liability for others' violations of the AUP or failures to terminate those violations. NetGain reserves the right to assess time and materials charges to resolve Client issues that are not resolved by the Client in a timely manner.