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3.3.1 |
Liability (Cont'd)
3.3.1.9 The Company reserves the right to immediately suspend or cancel
without advance written notice and without any liability whatsoever, the
provision of any service(s) to any Customer if the Company determines in
its sole discretion that the Customer is using the service(s) to make or
permit any telephone facility under such Customer's control to be used
for any purpose or activity, including, but not limited to, any obscene,
indecent or harassing purpose or activity, prohibited by Section 223 of
the Communications Act of 1934, as amended, and 800 calls placed with the
intent of gaining access to a Customer's outbound calling services without
authorization from the Customer.
3.3.1.10 The Company is not liable for any damages, including toll usage
charges, the Customer may incur as a result of the unauthorized use of
its telephone facilities. This unauthorized use of the Customer's facilities
includes, but is not limited to, the placement of calls from the Customer-provided
equipment which are transmitted or carried on the Company network or the
network over which its traffic is carried. The Company's customer service
agents may work with Customers to recommend possible solutions to reduce
unauthorized use of their facilities. However, the Company does not warrant
or guarantee that its recommendations will prevent all unauthorized use,
and the Customer is responsible for controlling access to, and use of,
its own telephone facilities.
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3.4 |
OBLIGATIONS OF THE CUSTOMER
3.4.1 The Customer shall be responsible for damages to the Company's
facilities or that of its network providers caused by the act or omission
of the Customer, its authorized users, officers, directors, employees,
agents, contractors, licensees or invitees or any person or entity who
gains access to the service of the customer through the negligence of the
customer.
3.4.2 The Customer shall provide access to the Customer's or authorized
user's premises by the Company personnel for inspection, repair and/or
removal of any facilities or equipment of the Company on an unrestricted
basis, 24 hours a day, 7 days a week.
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