16.
early termination of the Service as specified herein and in the corresponding Scheduie(s). Termination
of the Service must be in writing to Consolidated Communications and Consolidated Communications
has up to thirty (30) days to complete the disconnection of the Service. Customer is responsible for all
Charges, Taxes and Surcharges for the Service during such thirty (30) days. This 30-day period begins
on the day Consolidated Communications receives Customer’s written termination notice from
Customer.
Suspension of Services by Consolidated Communications. In addition to its rights to suspend
Service as set forth above, Consolidated Communications may suspend, or limit use of the Services
provided under this Agreement without liability, but with any notice required by applicable Laws, to
Customer, for the following reasons: (a) The Service is being used in violation of any applicable Laws,
(b) The Service is being used in an unauthorized or fraudulent manner or otherwise in violation or
breach of this Agreement; (c) The use of the Service adversely affects Consolidated Communications’
Facilities or its service to others; (d) A court or other governmental authority having jurisdiction issues
an order prohibiting Consolidated Communications from furnishing the Service to Customer; or (e)
violation of Consolidated Communications’ Acceptable Use Policy (“AUP”), which is published on
Consolidated Communications’ web site (and incorporated herein by reference); or (f) Customer fails to
timely pay undisputed Charges, Taxes and Surcharges for Service provided.
Limited Warranty.
10.1 CONSOLIDATED COMMUNICATIONS WILL USE COMMERCIALLY
REASONABLE EFFORTS TO PROVIDE THE SERVICE SUBSTANTIALLY IN
ACCORDANCE WITH ANY SERVICE DESCRIPTIONS SET FORTH IN THIS
AGREEMENT OR A SCHEDULE. IF THE SERVICE DOES NOT FUNCTION
SUBSTANTIALLY IN ACCORDANCE WITH SUCH SERVICE DESCRIPTIONS,
THROUGH NO FAULT OF CUSTOMER OR ITS AGENTS, CONTRACTORS, OR
USERS AND NOT DUE TO SCHEDULED MAINTENANCE, CONSOLIDATED
COMMUNICATIONS’S SOLE OBLIGATION IS TO REPAIR AND RESTORE THE
SERVICES AT CONSOLIDATED COMMUNICATIONS’S EXPENSE AND TO
PROVIDE TO CUSTOMER ANY CREDITS FOR THE AFFECTED SERVICES
EXPRESSLY PROVIDED FOR IN ACCORDANCE WITH THIS AGREEMENT OR
THE APPLICABLE SCHEDULE OR SEPARATE SERVICE LEVEL AGREEMENT.
THE FOREGOING WARRANTY AND REMEDY IS CONSOLIDATED
COMMUNICATIONS’S EXCLUSIVE WARRANTY AND = CUSTOMER’S
EXCLUSIVE REMEDY FOR BREACH OF WARRANTY, UNLESS OTHERWISE
EXPRESSLY STATED HEREIN ORIN AN APPLICABLE SCHEDULE HERETO.
10.2 EXCEPT AS SET FORTH IN SECTION 10.1, THE CONSOLIDATED
COMMUNICATIONS AND ITS NETWORK SERVICES SUPPLIER(S), AND THIRD-
PARTY SOFTWARE, HARDWARE AND EQUIPMENT PROVIDERS DISCLAIM
ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR
ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE
USAGE, INCLUDING BUT NOT LIMITED TO THE [IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE
KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE), AND NON-
INFRINGEMENT FOR THE SERVICE AND CONSOLIDATED COMMUNICATIONS
FACILITIES. CONSOLIDATED COMMUNICATIONS, ITS NETWORK SERVICES
SUPPLIER(S), AND THIRD-PARTY SOFTWARE, HARDWARE AND EQUIPMENT
PROVIDERS WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO THE
CONSOLIDATED COMMUNICATIONS FACILITIES OR FOR UNAUTHORIZED
ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF YOUR DATA
