Fraudulent Calling Sample Clauses
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Fraudulent Calling. Customer shall indemnify and hold AGSi harmless from all costs, expenses, claims or actions arising from fraudulent calls of any nature that may comprise a portion of the Service to the extent that the party claiming the call(s) in question to be fraudulent is, or had been at the time of the call, an End-User of the Service through Customer or an End-User of the Service through Customer's distribution channels; provided that if the fraud originated within the AGSi network on an ANI or Calling Card for which no order or LOA file exists with AGSi or Customer, then, provided AGSi was given due notice and action time as set forth herein, AGSi shall not be indemnified by Customer. Customer must notify AGSi by voice, confirmed promptly by fax or e-mail, as soon as it has actual or constructive knowledge of actual or suspected fraud in respect of any Customer ANI or Calling Card, and AGSi's liability shall be limited to damages arising solely from any failure of AGSi to block or terminate the relevant ANI or Calling Card within thirty (30) minutes of notification Monday through Friday 8:30 a.m. to 5:30 p.m. New York time ("Business Hours") and within four (4) hours of notification holidays, weekends and at times other than Business Hours. Customer shall not be excused from paying AGSi for Service provided to Customer on the basis that fraudulent calls comprised a portion of the Service for any approved ANI or Calling Card except to the extent AGSi has failed, upon due notice and within permitted action time, to block or terminate the ANI or Calling Card referenced in the notice. In the event AGSi or its Network Providers discover fraudulent calls being made, or reasonably believes fraudulent calls are being made, nothing contained herein shall prohibit AGSi or its Network Providers from taking immediate action that is reasonably necessary to prevent such fraudulent calls from taking place, including without limitation, denying Service to particular ANIs or terminating service to or from specific locations. AGSi shall use reasonable efforts to notify Customer in the event AGSi or its Network Suppliers take action upon discovery of fraudulent calls. All fraud contacts and procedures shall be included in the Operations Guide.
Fraudulent Calling. Subject to the other terms set forth herein relating to fraudulent calling, BullsEye reserves the right to notify Client if and to the extent that BullsEye determines, in its sole discretion, that Client’s use of the Services is showing improper usage patterns. BullsEye reserves the right to, in its sole discretion, suspend or terminate Services or the Agreement or convert Services to an appropriate measured calling plan where improper usage patterns are identified. Notwithstanding the foregoing, BullsEye has no obligation to monitor the Services for improper usage patterns or fraudulent calling or to provide any notification to Client related thereto.