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: xxxx://xxx.XxxxxXxxx.xxx/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 xx@xxxxxxxxx.xxx.

Appears in 2 contracts

Samples: Access Business Internet Service Agreement, Access Business Internet Service Agreement

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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: xxxx://xxx.XxxxxXxxx.xxx/legal. xxxx://xxx.XxxxxXxxx.xxx/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 xx@xxxxxxxxx.xxx. 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

Samples: 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: xxxx://xxx.XxxxxXxxx.xxx/legal. xxxx://xxx.XxxxxXxxx.xxx/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 xx@xxxxxxxxx.xxx. 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 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. 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

Samples: 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. 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- 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 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: xxxx://xxx.XxxxxXxxx.xxx/legal. xxxx://xxx.XxxxxXxxx.xxx/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 xx@xxxxxxxxx.xxx.

Appears in 1 contract

Samples: Hosted Ids 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 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: xxxx://xxx.XxxxxXxxx.xxx/legalxxxx://xxx.xxxxxxxxx.xxx/legal Any representations or warranties made by provider of Managed DNS exist solely between Customer and such provider. Customer agrees 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 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 communicated 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 LightEdge by sending an email the Service shall be treated entirely as new Service and subject to xx@xxxxxxxxx.xxxthe terms of such new Service.

Appears in 1 contract

Samples: 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- 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: xxxx://xxx.XxxxxXxxx.xxx/legalxxxx://xxx.xxxxxxxxx.xxx/legal Any representations or warranties made by provider of SSL certificates exist solely between Customer and such provider. Customer agrees 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 Domains that do not meet DNS standards. LightEdge reserves the right to xxxx 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 communicated 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 LightEdge by sending an email the Service shall be treated entirely as new Service and subject to xx@xxxxxxxxx.xxxthe terms of such new Service.

Appears in 1 contract

Samples: 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 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: xxxx://xxx.XxxxxXxxx.xxx/legal. xxxx://xxx.XxxxxXxxx.xxx/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 xx@xxxxxxxxx.xxx.

Appears in 1 contract

Samples: 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- 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: xxxx://xxx.XxxxxXxxx.xxx/legal. xxxx://xxx.XxxxxXxxx.xxx/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 xx@xxxxxxxxx.xxx. 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. 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 AVS Converged Access Trunk service is used in a country other than the 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. 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

Samples: Avs Converged

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: xxxx://xxx.XxxxxXxxx.xxx/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 xx@xxxxxxxxx.xxx.xxxx://xxx.xxxxxxxxx.xxx/legal

Appears in 1 contract

Samples: 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. 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 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: xxxx://xxx.XxxxxXxxx.xxx/legalxxxx://xxx.XxxxxXxxx.xxx/legal 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. 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 AVS Converged Access Trunk service is used in a country other than the 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 that to indemnify and hold harmless LightEdge against any service complaints including concerns regarding level and all liability for any such use. Customer is responsible for payment of supportany charges incurred due to fraud, products, service reliabilityabuse, or any other concerns related 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 Services being provided damages caused by LIghtEdge will be communicated to LightEdge by sending an email to xx@xxxxxxxxx.xxxtelecommunications usage of the Customer’s Service.

Appears in 1 contract

Samples: Avs Converged

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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 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: xxxx://xxx.XxxxxXxxx.xxx/legal. xxxx://xxx.xxxxxxxxx.xxx/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 xx@xxxxxxxxx.xxx. Any representations or warranties made by provider of SSL certificates exist solely between Customer 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 are taken over by another party whether by lapse of annual registration fee, malicious takeover, company transfer, lack of customer communication, human error, forged paperwork, or any other 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 Domains that do not meet DNS standards. LightEdge reserves the right to xxxx 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 Service shall be treated entirely as new Service and subject to the terms of such new Service.

Appears in 1 contract

Samples: 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- 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: xxxx://xxx.XxxxxXxxx.xxx/legalxxxx://xxx.XxxxxXxxx.xxx/legal 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 service complaints including concerns regarding level of supportcharges incurred due to fraud, products, service reliabilityabuse, or any other concerns related 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 Services being provided damages caused by LIghtEdge will be communicated to LightEdge by sending an email to xx@xxxxxxxxx.xxxtelecommunications usage of the Customer’s Service.

Appears in 1 contract

Samples: 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 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: xxxx://xxx.XxxxxXxxx.xxx/legalxxxx://xxx.xxxxxxxxx.xxx/legal Any representations or warranties made by provider of Managed DNS exist solely between Customer and such provider. Customer agrees 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 Domains that do not meet DNS standards. LightEdge reserves the right to xxxx 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 communicated 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 LightEdge by sending an email the Service shall be treated entirely as new Service and subject to xx@xxxxxxxxx.xxxthe terms of such new Service.

Appears in 1 contract

Samples: 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 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: xxxx://xxx.XxxxxXxxx.xxx/legal. xxxx://xxx.xxxxxxxxx.xxx/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 xx@xxxxxxxxx.xxx.

Appears in 1 contract

Samples: 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. 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: xxxx://xxx.XxxxxXxxx.xxx/legalxxxx://xxx.XxxxxXxxx.xxx/legal 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 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 that to indemnify and hold harmless LightEdge against any service complaints including concerns regarding level and all liability for any such use. Customer is responsible for payment of supportany charges incurred due to fraud, products, service reliabilityabuse, or any other concerns related 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 Services being provided damages caused by LIghtEdge will be communicated to LightEdge by sending an email to xx@xxxxxxxxx.xxxtelecommunications usage of the Customer’s Service.

Appears in 1 contract

Samples: Hosted Faxing Service Agreement

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