Common use of Subscribers Clause in Contracts

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the date hereof, the subscribers of the Business as listed by class, type and billing plan. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least two months and has paid at least two bills, including, without limitation, any person who receives dial-up Internet access through the Business (a "Dial-up Subscriber"), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not include any person who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the date hereof, the subscribers Subscribers of the Business as listed by class, type and billing plan. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least two months one month and has paid at least two billsone xxxx, including, without limitation, any person who receives dial-up Internet access and e-mail services through the Business (a "Dial-up Subscriber"), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not include any person who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such accounts which receive complimentary Internet services or Internet services at a promotional discounted raterate (including, but not limited to, those accounts that receive "student plan" rates). Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the subscribers Subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 7,100 Dial-up Subscribers, 67 Dedicated Subscribers and 400 Web-hosting and/or Domain-hosting Subscribers, all as set forth on Schedule 2.16(a) attached ---------------- hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least two months one month and has paid at least two billsone xxxx, including, without limitation, any person who receives dial-up Internet access through the Business (a "Dial-up Subscriber"), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), ) and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not -------- ------- include any person who is (i) more than thirty forty-five (30) days, or sixty (6045) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto ---------------- is a listing of all such accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the date hereof, the subscribers of the Business as listed by class, type and billing plan. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least two months one month and has paid at least two billsone xxxx, including, without limitation, any person who receives dial-up Internet access through the Business (a "Dial-up Subscriber"), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not include any person who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the date hereof, the all subscribers of the Business as listed by class, type and billing plan. For purposes of this Agreement, the terms term "Subscriber" shall mean any active subscriber as of the Closing Date to Internet services offered by either Seller in the Business who has subscribed to a service for at least two months and has paid at least two billsbills (except in the case of active subscribers who began receiving Internet services in the 31 days prior to the Closing Date as set forth on Schedule 2.16(a), who shall have subscribed to a service for at least two months and have paid at least two bills as of the thirtieth (30th) calendar day after the Closing Date), including, without limitation, any person or corporation who receives dial-up Internet access through the Business (a "Dial-up Subscriber"), any person who receives dedicated Internet access from either Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on either Seller's server servers and to whom either Seller provides provide Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not include any person who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rateservices. Set forth on Schedule 2.16(b) attached hereto is a listing of all such accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is each Seller's policy and practice with respect to the disconnection of Subscribers, with which such Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the date hereof, the subscribers Subscribers (as defined herein) of the Business as listed by class, type and billing plan. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least two months and has paid at least two billsone xxxx covering at least a sixty (60) day period, including, without limitation, any person or corporation who receives dial-up Internet access through the Business (a "Dial-up Subscriber"), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not include any person who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the date hereof, the subscribers Subscribers of the Business as listed by class, type and billing plan. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least two months one month and has paid at least two billsone xxxx, including, without limitation, any person who receives dial-up Internet access and e-mail services through the Business (a "Dial-up Subscriber"), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not include any person who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such accounts which receive complimentary Internet services or Internet services at a promotional discounted raterate (including, but not limited to, those accounts that receive "student plan" rates). Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a2.17(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the subscribers of the Business Seller's Subscribers as listed by class, type and billing plan. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least two months one month and has paid at least two billsone xxxx, including, without limitation, any person who receives dial-up Internet access through the Business and e-mail services from Seller (a "Dial-up Subscriber"), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web Web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that -------- ------- "Subscriber" shall not include any person who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business Seller and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b2.17(b) ---------------- attached hereto is a listing of all such accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c2.17(c) attached hereto is Seller's policy and practice with ---------------- respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the date hereof, the subscribers Subscribers (as defined herein) of the Business as listed by class, type and billing plan. For purposes of this Agreement, the terms term "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least two months and has paid at least two billsBusiness, including, without limitation, any person or corporation who receives dial-up Internet access through the Business (a "Dial-up Subscriber"), any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not include any person who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the date hereof, the subscribers Subscribers of the Business as listed by class, type and billing plan. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet internet services offered by Seller Sellers in the Business who has subscribed to a service for at least two months one month and has paid at least two billsone xxxx, including, without limitation, any person who receives dial-up Internet internet access and e-mail services through the Business (a "Dial-up Subscriber"), any person who receives dedicated Internet internet access from any Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), and any person with a web page or domain name on any Seller's server and to whom such Seller provides Internet internet access (a "Web-hosting/Domain-Domain- hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not include any person who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business and (ii) any person receiving complimentary Internet internet services or Internet internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such accounts which receive complimentary Internet internet services or Internet internet services at a promotional discounted raterate (including, but not limited to, those accounts that receive "student plan" rates). Set forth on Schedule 2.16(c) attached hereto is each Seller's policy and practice with respect to the disconnection of Subscribers, with which each Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.

Subscribers. Schedule 2.16(a) attached hereto sets forth, as of the ----------- ---------------- date hereof, the subscribers Subscribers of the Business as listed by class, type and billing plan. As of the Closing Date, the Business will have no fewer than 8,150 Dial-up Subscribers, 30 Dedicated Subscribers and 200 Web-hosting accounts (in addition to the Excluded Subscribers), all as set forth on Schedule 2.16(a) ---------------- attached hereto. For purposes of this Agreement, the terms "Subscriber" shall mean any active subscriber to Internet services offered by Seller in the Business who has subscribed to a service for at least two months one month and has paid at least two billsone xxxx, including, without limitation, any person who receives dial-up Internet access or e-mail service through the Business (a "Dial-up Subscriber"), ) and any person who receives dedicated Internet access from Seller offering higher data transmission rates than available from dial-up access (a "Dedicated Subscriber"), any person with a web page or domain name on Seller's server and to whom Seller provides Internet access (a "Web-hosting/Domain-hosting Subscriber"), and any person who receives on a recurring basis other Internet services from the Seller; provided, however, that "Subscriber" shall not include any person -------- ------- who is (i) more than thirty (30) days, or sixty (60) days for customers who are businesses, delinquent in payment of such person's xxxx for such services provided by the Business and (ii) any person receiving complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(b) attached hereto is a listing of all such ----------------- accounts which receive complimentary Internet services or Internet services at a promotional discounted rate. Set forth on Schedule 2.16(c) attached hereto is Seller's policy and practice with respect to the disconnection of Subscribers, with which Seller has, except as set forth on Schedule on Schedule 2.16(c), at all times since its inception, complied in all material respects.