ZeroOutages Service Contract
This is a legal agreement
("Agreement" and/or "TOS" or Terms Of Service) between (“Company”) and the XRoads Networks, Inc. (“ZeroOutages”),
ZeroOutages is the service provided by XRoads Networks, to provide Internet Redundancy/Balancing
Services. If you do not agree to the terms and conditions in the Agreement, do
not register for or use the Service and return all associated materials to ZeroOutages.
By completing the registration and using the Service, you signify your
agreement with the terms and conditions of this Agreement and the ZeroOutages
Acceptable Use Policy.
1. Legal Authority
By accepting these TOS as a
Customer Account holder, you confirm (through your duly authorized
representative) that you are a corporation, partnership or other legal entity
duly formed (and incorporated if applicable) in good standing where required to
do business with all legal authority and power to accept these TOS.
2. The Service
The Service is an
interactive information, communication and transaction service, used by
connecting your receiving and transmitting equipment (normally a personal
computer with a modem connected to your telephone line) to the Company's
network of telecommunications and computer facilities. In addition to
communication, information and transaction services, the Service provides
access to the Internet by means of our hardware appliance provided by the
Company and its suppliers.
The Service is a best
efforts service, however when used in combination with another (primary Internet link) the
combined service delivers an average uptime of over 99.999%. The actual speed experienced by customers may vary and depends
upon several factors including customer location, destination on the Internet,
traffic on the Internet, interference with high frequency spectrum on the
customer's telephone line, etc. No minimum level of speed is guaranteed,
however the service speeds detailed in the service plan are average customer maximums.
2.1
Modifications to Service. ZeroOutages reserves the right to modify or
discontinue, temporarily or permanently, at any time and from time to time, the
Service (or any function or feature of the Service or any part thereof,
including, but not limited to, rates and charges beyond the term of the initial
contract) with or without notice. Should the technology become unavailable, ZeroOutages
and its affiliates reserve the right to re-provision your Service over a
different access technology. ZeroOutages
may post, or email, notices of changes in the Service. It is your
responsibility to check our website and your registered ZeroOutages email
address for any such notices. You agree that ZeroOutages will not be liable to
you or to any third party for any such modification or suspension of the
Service based on the terms and conditions of this agreement or our acceptable
use policy (AUP).
2.2
Service Aggregation. ZeroOutages provide increased throughput capabilities through link balancing. This is the process by which individual network sessions are load balanced between two or more Internet connections. Through this process ZeroOutages is able to speed up many common Internet applications, including web downloads, however it can not speed up a single session through this load balancing technique.
3. Equipment
Other than all hardware
provided to you by ZeroOutages and any revised version thereof that you choose
to use, you must provide all equipment, devices and software necessary to
receive the Service. Due to the infinite number of possible combinations of
hardware and software, you are responsible for the compatibility of your system
with the Service. Any equipment that was not provided to you by ZeroOutages is
not the responsibility of ZeroOutages, and ZeroOutages will not provide support
and will not be responsible for ongoing maintenance or management of such
equipment. Any ZeroOutages-provided device will be either a new or a fully
inspected, tested, and warranted return or repackaged unit. If for any reason
you cancel your service, you must return your equipment in the original
packaging and such equipment must be in good working condition. Equipment must
be returned within 30 days of terminating your Service. Customers will be liable to pay the then
current price of the used equipment, not to be less than $250 per device if the
equipment is not returned.
3.1
Installation. If you request ZeroOutages provide professional onsite install
of the equipment, you must pay a Professional Installation Charge in the amount
specified by ZeroOutages at the time you enroll in the Services, or when you
request a transfer of the Services. In the event that no one authorized to
permit installation of the Equipment is available at your Premises at the time
you scheduled an installation appointment, and notification was not provided to
ZeroOutages at least 48 hours in advance, you agree to pay a No-Show Charge in
the amount of $300/hr. You authorize ZeroOutages and our employees, agents,
contractors, and representatives to enter your premises in order to install,
maintain, inspect, repair, or remove the equipment and software. By scheduling
an installation appointment, you represent to us that you have the right to and
do authorize us to enter your premises.
3.2
File Modification/Backup Requirements. The Qualifications of your network,
as well as the installation (whether self-installed or ZeroOutages -installed),
use, inspection, maintenance, repair, or removal of the Equipment, may result
in an inadvertent service outage or reconfiguration of the network, or
temporary interruption of your telephone service. ZeroOutages does not
represent or warrant that the installation will not temporarily disrupt the
normal operations of your network. You acknowledge and agree that you are
solely responsible for backing up all existing computer files by copying them
to another storage medium prior to the installation of your Equipment, and
prior to any inspection, maintenance, repair, or removal of your Equipment. ZeroOutages
DOES NOT REPRESENT OR WARRANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN
BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS OR USE THE SERVICES, NOR THAT ANY
SUCH INSTALLATION WILL NOT CAUSE DAMAGE OR MODIFICATIONS TO, OR LOSS OF, ANY OF
YOUR SOFTWARE, HARDWARE, FILES, DATA, OR PERIPHERALS. ZeroOutages AND OUR
EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY
WHATSOEVER FOR ANY DAMAGES OR SERVICE PROBLEMS (INCLUDING TELEPHONE SERVICE)
RESULTING FROM YOUR, OR A THIRD PARTY'S, FAILURE TO PROPERLY INSTALL, ACCESS,
OR USE THE EQUIPMENT OR SERVICES.
3.3
ZeroOutages Installation of Your Equipment. Except for our gross
negligence or willful misconduct, we shall have no liability whatsoever for any
damage, loss, or destruction to all or a portion of your network during our
installation of your Equipment. In the event of such gross negligence or
willful misconduct by ZeroOutages, ZeroOutages shall pay for the repair or
replacement of the damaged, lost, or destroyed portions of your hardware, up to
a maximum of those amounts paid as part of your service contract. EXCEPT FOR
OUR WILLFUL MISCONDUCT, ZeroOutages AND OUR EMPLOYEES, AGENTS, CONTRACTORS, AND
REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO, LOSS, OR
DESTRUCTION OF ANY SOFTWARE, FILES, OR DATA, REGARDLESS OF THE CAUSE OF SUCH
DAMAGE, LOSS, OR DESTRUCTION.
4. Revisions
This Agreement may be
updated or changed from time to time. The current Agreement shall be posted at:
www.zerooutages.com
("Website"). This site will be updated as changes are made. You agree
to visit the Website periodically to be aware of and review any such revisions.
All changes shall become effective upon posting of the revised Agreement on the
Website. Your continued use of the Service following such notice constitutes
your acceptance of those changes. If you do not agree to the revisions, you
must terminate your Service immediately.
5. Term & Termination
You agree to the specified
term set forth in the offer under which you purchased the Service (typically
2-years). You further agree that if you cancel your plan before the end of
such term, you may be subject to early cancellation fees and/or service fees
(collectively "Termination Charges") associated with that plan.
At the end of the initial term, the Service will continue on a month-to-month
basis unless otherwise renewed.
5.1
Suspension/Termination. ZeroOutages respects freedom of expression and
believes it is a foundation of our free society to express differing points of
view. ZeroOutages will not terminate, disconnect or suspend service because of
the views you or we express on public policy matters, political issues or
political campaigns. However, ZeroOutages may immediately terminate or suspend
all or a portion of your Service, without notice, for conduct that ZeroOutages
believes (a) violates the Acceptable Use Policy; or (b) constitutes a violation
of any law, regulation or tariff (including, without limitation, copyright and
intellectual property laws) or a violation of these TOS, or any applicable
policies or guidelines. Your Service may be suspended or terminated if your
payment is past due and such condition continues un-remedied for thirty (30)
days. ZeroOutages may also terminate or suspend your Service if you provide
false or inaccurate information that is required for the provision of Service
or is necessary to allow ZeroOutages to bill you for Service.
5.2
Early Termination Fee. There is a base minimum service commitment of 12-months. Each ZeroOutages Service includes an
additional minimum term commitment (see your service plan description). Your
minimum term begins on the billing start date as described in the foregoing
section titled "Effective Contract Date". IN THE EVENT THAT YOU
TERMINATE (OR TAKE AN ACTION THAT CAUSES TERMINATION OF) YOUR SERVICE BEFORE
SATISFYING YOUR SERVICE PLANS MINIMUM TERM COMMITMENT (SEE THE TERM SELECTED
ABOVE), THEN YOU AGREE TO PAY, UPON DISCONTINUANCE OF THE SERVICE, A
TERMINATION FEE OF NOT LESS THAN $250 PER WIRELINE OR WIRELESS CIRCUIT. In
addition to any applicable Early Termination Fee, you will be required to pay
the remaining balance of the charges applicable to your ZeroOutages service
through the effective date of termination.
5.3
Equipment Return. Upon the termination of service it is the Company’s
responsibility to package and ship back any equipment provided to the customer
for this Service. This equipment must be
returned in good working order (given that there was no issue with the
equipment to cause the termination of this service) within no less than 30 days
after Service termination. Failure to
return the equipment will result in a fee of no less than $250 per device.
6. Service Rates and
Charges
6.1
Agreement to Pay. You agree to pay all fees and charges specified when
you ordered your Service, including recurring and nonrecurring charges, taxes,
fees and assessments applicable to the Service and the associated equipment
(including but not limited to applicable service activation fees, installation
charges (see Section 2 ), shipping and handling and termination charges). In
order to provide you with the Service, ZeroOutages may pay taxes, fees and
surcharges to municipalities and other governmental entities, which ZeroOutages
may pass on to you. You will be invoiced monthly for usage of the Service and
for any other services utilized by your or other users of your account which
are billed to the customer by ZeroOutages in connection with the Service
(including applicable taxes), either directly by ZeroOutages or through your
designated credit card company. Rates, charges and other terms and conditions
of the Service, are subject to change by ZeroOutages from time to time by
notice provided on the Service or otherwise. In the event legal action is
necessary to collect on balances due, you agree to reimburse ZeroOutages for
all expenses incurred to recover sums due, including attorneys' fees and other
legal expenses. You also agree to pay all current charges for the Service as
well as taxes and fees assessed against you or ZeroOutages on the charges and
all late payment, interest or other fees as stated on your bill.
6.2
Credit Check / Deposit. You give us permission to obtain your credit
information from consumer credit-reporting agencies at any time. If we
determine that you may be a credit risk for (1) unsatisfactory credit rating;
(2) insufficient credit history; (3) fraudulent or abusive use of any ZeroOutages
Services within the last five years; or (4) late payments for current or prior
bills, we may refuse to provide the Services or we may require a deposit to
establish or maintain Service(s). A deposit may be held as a partial guarantee
of payment. It cannot be used by you to pay your bill or delay payment. We may
require you to increase your deposit at any time to reflect your estimated
monthly charges based on actual usage or our reevaluation of your ability to
pay. Establishment of a prompt payment record or credit may result in a partial
or total refund of the deposit to you or credit to your account. Upon
termination or cancellation of your service and there are unpaid amounts in
your account or you owe an early termination fee, the deposit will be used to
pay the outstanding amount due.
6.3
Method of Payment. You authorize ZeroOutages to charge any amounts
payable by you in connection with your use of the Service by one of the
following methods: automatically by credit card, or other electronic funds
transfer.
Credit
Card Billing. If you
choose to pay by credit card or debit card, you must provide ZeroOutages with a
valid credit or debit card number and specified account information from a
debit or credit card issuer. By providing such information you authorize your
card issuer, bank or financial institution to charge or debit your
corresponding account for all charges arising from your use of the Services.
You authorize ZeroOutages on a monthly basis to automatically charge the credit
card account, or to deduct from the debit card account, for payment of all sums
due each month to ZeroOutages for use of the Service, as defined and agreed to
at the time of purchase of the Service. You agree to notify ZeroOutages of
any change to the credit or debit card information including, but not limited
to, changes in account number, expiration date or billing address. If you
do not update your credit card information, ZeroOutages may suspend your use of
the Service. If ZeroOutages makes other billing options available, you agree to
abide by terms and conditions applicable to those options. ZeroOutages shall
not be responsible for any charges made by the credit or debit card issuer,
bank or financial institution to your credit or debit card account for
exceeding credit limit, insufficient funds or any other reasons. ZeroOutages
reserves the right to terminate your Service and your participation in this
payment and billing plan without further notice due to reversals of payments,
insufficient funds, or for any other abuses related to your card account. When
payment is made by credit card or debit card, payment will also be subject to
the terms and conditions established by the credit or debit card issuer. If
charges cannot be processed through your credit card, or if your bank draft or
electronic funds transfer is returned for insufficient funds, we will charge
you an additional $15.00. If the state law where you receive the Service
requires a different fee, we will charge you that amount.
7. Service-Specific
Billing Terms
7.1
ZeroOutages Secondary High Speed Internet. Billing for the Service
commences when ZeroOutages provisions your Service whether or not you register
or use the Service. When billing commences, you will be billed for your installation/setup
fee and the first thirty (30) days of service and for applicable installation
charges and equipment charges (including shipping and handling). Thereafter,
charges will be billed one month in advance. If you terminate your Service
within the first thirty (30) days your charge will not be pro-rated. If you
terminate after your first thirty (30) days, you will be charged for the
pro-rated number of days for which you had service in that billing cycle, and
will receive a credit for the remaining balance.
8. Security
8.1
Security. ZeroOutages intends to take certain industry-accepted
precautions from time to time to secure our Service, however, you understand
and agree that such precautions do not guarantee that use of the Service is
invulnerable to all security breaches, and that ZeroOutages makes no warranty,
guarantee, or representation that use of our Service is protected from all
viruses, security threats or other vulnerabilities. There is a risk that other
users may attempt to access your computer through the Internet or connected
networks. You acknowledge this risk as inherent to the shared nature of the
Service and you agree to take full responsibility for taking adequate security
precautions and safeguarding your data from loss.
9. Other Responsibilities
of User
9.1
Accurate Information. Whenever you provide information to ZeroOutages ,
you agree to: (a) provide true, accurate, current and complete information and
(b) maintain and promptly update such information to keep it true, accurate,
current and complete. If you provide any information that is, or we have
reasonable grounds to suspect is, untrue, inaccurate, not current or
incomplete, ZeroOutages may suspend or terminate your Service and refuse any
and all current or future use of our Service (or any portion thereof).
9.2.
Data Management and Responsibility. You are responsible for management
of your information including but not limited to back-up and restoration of
data, erasing data from disk space you control and changing data on or settings
for your modem and/or router. ZeroOutages is not responsible for the loss of
your data or for the back-up or restoration of your data regardless of whether
this data is maintained on our servers or your computer or server.
10. Acceptable Use Policy
As a Customer, you are also
subject to ZeroOutages Acceptable Use Policy. Violations of the Acceptable Use
Policy may also result in suspension or termination of the Service.
11. Privacy Policy
Registration data and
certain other information about you is subject to the ZeroOutages Privacy
Policy.
12. Infringement of
Intellectual Property Rights
Reference our Acceptable Use
Policy regarding the transmission of copyrighted material.
13. Operational
Limits/Force Majeure
Provisioning of the Service
is subject to the availability and the operational limitations of the requisite
equipment and associated facilities. You understand and agree that temporary
interruptions of the Service may occur as normal events in the provision of the
Service and that ZeroOutages is not liable for such interruptions. You further
understand and agree that ZeroOutages has no control over third party networks
you may access in the course of your use of the Service, and therefore, delays
and disruptions of other network transmissions are beyond the control of ZeroOutages.
In addition, ZeroOutages is not liable for any failure of performance due to
any cause beyond ZeroOutages 's reasonable control including Acts of God, fire,
explosion, vandalism, nuclear disaster, sun spots, solar flares, terrorism,
cable cut, storm or other similar occurrence, any law order, regulation,
direction, action, or request by any government, civil or military authority,
national emergencies, insurrections, riots, wars, labor difficulties, supplier
failures, shortages, breaches, or delays, or suspension of existing Service in
compliance with state and/or federal law, rules and regulations, or delays
caused by you or your equipment.
14. Indemnity
You agree to indemnify and
hold harmless ZeroOutages and its subsidiaries, affiliates, officers, agents,
co-branders, licensors or other partners and employees from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of: (a) content you make available through the Service; (b) your
use of the Service; (c) your violation of these TOS; (d) your violation of the
AUP; (d) your violation of any rights of another; and (e) use of your account
whether or not such usage is expressly authorized.
15. Disclaimer of
Warranties
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
A.
YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. ZeroOutages EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME
JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE
EXCLUSIONS MAY NOT APPLY TO YOU.
B. ZEROOUTAGES
MAKES NO WARRANTY THAT (i) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) OUR
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
C.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR
SITE.
D.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEROOUTAGES
OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION
RECEIVED VIA OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL,
BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR
SITUATION.
16. Limitation of
Liability
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT ZeroOutages SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (WHETHER OR NOT ZeroOutages
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE OUR SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM OUR SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
OUR SITE; OR (v) ANY OTHER MATTER RELATING TO OUR SITE. BECAUSE SOME
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, ZeroOutages 'S LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH
ANY PORTION OF ANY OF THESE TERMS OF USE YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING OUR SERVICE
17. Remedies of User
Your sole and exclusive
remedy for any failure or non-performance of the Service shall be for ZeroOutages
to use commercially reasonable efforts to effectuate an adjustment or repair of
the Service and, in the event such downtime exceeds twenty-four consecutive
hours, to receive a pro-rata refund or credit of or against any charges
otherwise payable for the Service for the period of Service downtime.
18. Use of Materials,
Marks and Information
The ZeroOutages company
names and logos and all related product and service names, design marks and
slogans are the property of ZeroOutages or its affiliates. You are not
authorized to use any ZeroOutages name or mark in any advertising, publicity or
in any other commercial manner without the prior written consent of ZeroOutages.
You may use, copy and distribute the materials found on the Service for
internal, noncommercial, informational services only. All copies that you make
of the material must bear any copyright, trademark or other proprietary notice,
which pertain to the material being copied. Except as authorized in this
paragraph, you are not being granted a license under any copyright, trademark,
patent or other intellectual property right in the material or the products,
services, processes or technology described therein. All such rights are
retained by ZeroOutages, its affiliates and/or any third party owner of such
rights. Nothing contained in this Agreement may be construed to convey to you
any interest in connection with the Service.
19. Dispute Resolution.
IT IS IMPORTANT THAT YOU
READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF
DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR
INSTEAD OF
19.1
Binding Arbitration. The arbitration process established by this section
is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.
You have the right to take any dispute that qualifies to small claims court
rather than arbitration. All other disputes arising out of, or related to, this
Agreement (whether based in contract, tort, statute, fraud, misrepresentation
or any other legal or equitable theory) must be resolved by final and binding
arbitration. This includes any dispute based on any product, service or
advertising having a connection with this Agreement and any dispute not finally
resolved by a small claims court. The arbitration will be conducted by one
arbitrator using the procedures described by this Section. If any portion of
this Dispute Resolution Section is determined to be unenforceable, then the
remainder shall be given full force and effect.
NO
DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE
OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT
AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE
DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED
BY A STATUTE. YOU AND ZEROOUTAGES BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES
THAT ARE EXCLUDED UNDER THIS AGREEMENT
19.2 Arbitration Information and Filing Procedures.
This Agreement is governed by
20. General
20.1
Non-transferable. Your right to use the Service is not transferable and
is subject to any limits established by ZeroOutages, and by your credit card
company if billing is through a credit card.
20.2
Governing Law. This Agreement and the Service shall be governed by the
laws of the State of
20.3
Entire Agreement. This Agreement and any modifications published by ZeroOutages
over the Service, and the Pricing Terms and Conditions applicable to your
Service, constitute the entire and only agreement between you and ZeroOutages
with respect to the Service and supersede all other communications and
agreements with regard to the subject matter hereof. Your use of the Service is
also governed by ZeroOutages Acceptable Use Policy and Privacy Policy
applicable to the Service, which are available online via the Service and which
are subject to change by ZeroOutages from time to time.
20.4
No Third Party Rights. This Agreement does not provide any third party
with a remedy, claim, or right of reimbursement.
20.5
Assignment. We can assign all or part of our rights or duties under this
Agreement without notifying you. If we do that, we have no further obligations
to you. You may not assign this Agreement or the Services without prior written
consent.
20.6
Separability. If any part of this Agreement is found invalid, the rest
of the Agreement will remain valid and enforceable.
20.7
Survival. Obligations and rights in connection with this Agreement, which
by their nature would continue beyond the termination, cancellation or
expiration of this Agreement, including, but not limited to those in Section 3:
Equipment, Section 6: Service Rates and Charges, Section 7: Service Specific
Billing Terms, Section 15: Disclaimer of Warranties, Section 16: Limitation of
Liability, Section 17: Remedies of User, Section 19: Dispute Resolution, and Section
20: General, will survive the termination, cancellation or expiration of this
Agreement.
20.8
Notice. Unless otherwise specified in this Agreement, notices to you may be
made via either e-mail or regular mail to the addresses provided by the Company.
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