Common use of Objectionable Content Clause in Contracts

Objectionable Content. Customer agrees, as a condition of ---------------------- Company's performance under this Agreement, that Customer will not submit Records for processing under this Agreement that contain or refer to matters that are harmful, damaging or against public policy, including, but not limited to, products or services that: (i) Explicitly or implicitly refer to sexual conduct; (ii) profane language; (iii) Allude to bigotry, racism, sexism or other forms of discrimination; (iv) Are of a violent nature; (v) Through advertising, content or delivery, are deceptive, or may take unfair advantage of minors, the elderly or the general public; (vi) Are publicly accessible, multi-party connections commonly known as or "chat" services; (vii) Are offered by Customer or its agents using box, sweepstakes or contest-type entry forms; (viii) Are offered by Customer or negative option sales offers; its agents using (ix) Are 800 pay-per-call services; (x) Are collect callback services; (xi) Are phantom billing (i.e., charging for calls never made or services never provided); (xii) Have not been properly authorized by End Users, or that Company determines, in its sole discretion, have had excessive Customer Service or adjustments associated with such services; (xiii) Are prohibited by federal, state or local rules, regulations and laws, Tariffs or the Coalition Guidelines; (xiv) Individual LECs exclude from the types of services or products for which their policies permit them to bill and collect or that Company believes, in its sole discretio▇, ▇ill jeopardize its LEG Agreements; or (xv) Company determines, in its sole discretion, to be deceptive or anti-consumer. Notwithstanding any other provision of this section, the parties acknowledge that Company has no reasonable means of determining the validity of or authorization for Records sent to Company for processing under this Agreement, and that Company therefore strictly relies upon Customer to forward only valid and authorized Records that can be, if necessary, substantiated in a court of law or to a regulatory body. Customer warrants and represents, when submitting Records to Company, that such Records are true and correct and accurately reflect proper charges legally owed by Customer's End User. Company may, at any time during the Tern, cease providing services under this Agreement immediately upon notice to Customer as a result of a violation of this paragraph.

Appears in 1 contract

Sources: Enhanced Services Billing and Information Management Services Agreement (Yp Net Inc)

Objectionable Content. Customer agrees, as a condition of ---------------------- Company's ’s performance under this Agreement, that Customer will not submit Records for processing under this Agreement Records that contain or refer to matters that are harmful, damaging or against public policy, including, but not limited to, products or services that: (i) Explicitly or implicitly refer to sexual conduct; ; (ii) Contain indecent, obscene or profane language; ; (iii) Allude to bigotry, racism, sexism or other forms of discrimination; ; (iv) Are of a violent nature; ; (v) Through advertising, content or delivery, are deceptive, or may take unfair advantage of minors, the elderly or the general public; ; (vi) Are publicly accessible, multi-party connections commonly known as “gab” or "chat" services; ; (vii) Are offered by Customer or its agents using box, sweepstakes or contest-type entry forms; ; (viii) Are offered by Customer or its agents using negative option sales offers; its agents using ; (ix) Are 800 pay-per-call services; ; (x) Are collect callback services; ; (xi) Are phantom billing (i.e., charging for calls never made or services never provided); ; (xii) Have not been properly authorized by End Users, or that Company determines, determines in its sole discretiondiscretion based upon its applicable LEC Agreements, have had excessive Customer Service or adjustments associated with such services; provided, however that Company will work with Customer to the extent practicable to Company to assist Customer in addressing any such Customer Service issues; (xiii) Are prohibited by federal, state or local rules, regulations and laws, Tariffs or the Coalition Guidelines; ; (xiv) Individual LECs exclude from the types of services or products for which their policies permit them to bill ▇▇▇▇ and collect or that Company believes, in its sole discretio▇, ▇ill discretion will jeopardize its LEG LEC Agreements; or or (xv) Company determines, in its sole discretiondiscretion based upon Company’s applicable LEC Agreements or applicable rules, regulations or laws, to be deceptive or anti-consumer. Notwithstanding any other provision of this section, the parties acknowledge that Company has no reasonable means of determining the validity of or authorization for Records sent to Company for processing under this Agreement, and that Company therefore strictly relies upon Customer to forward only valid and authorized Records that can be, if necessary, substantiated in a court of law or to a regulatory body. Customer warrants and represents, when submitting Records to Company, that such Records are true and correct and accurately reflect proper charges legally owed by Customer's ’s End User. Company may, at any time during the TernTerm, cease providing services under this Agreement immediately [*] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. upon notice to Customer as a result of a violation of this paragraph; provided, however, that Company will provide Customer with prior notice of such cessation of services to the extent prior notice is practicable to Company.

Appears in 1 contract

Sources: Enhanced Services Billing and Information Management Services Agreement (Callwave Inc)