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10. Exclusive Use:
The customer agrees that the equipment and services will not be used
in any way which (i) is unlawful, fraudulent, excessive or abusive, or (ii)
interferes with Ambient’s ability to provide service to its customers, or (iii)
damages Ambient’s property. The customer will not use profane, abusive
or harassing language when using, inquiring about or ordering equipment
and services. If this section is violated, then Ambient may immediately and
without notice suspend all or any part of the services and/or, upon 30 days
notice to customer, terminate this Agreement.
11. Denial of Service:
If Ambient determines that the customer is excessively using the services,
or is in any way causing an unreasonable burden on the Ambient
Information Network, Ambient shall have the right to assess usage or other
charges or otherwise modify the customer’s pricing.
12. Disclaimer of Warranties:
Customer acknowledges that (i) Ambient is not the manufacturer of the
equipment nor the manufacturer’s agent, and (ii) Ambient has not made
any representation or warranty regarding the equipment or services not
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contained herein, and (iii) the customer is responsible for reading the
operating instructions and warnings provided by the manufacturer of the
equipment, and (iv) the equipment is manufactured to operate only on
the network and radio frequencies of Ambient and carriers approved by
Ambient, and not on the network or frequencies of other carriers, and (v)
any services provided to the customer in another country may be provided
on a network owned or operated by another carrier (“Network Affiliate”).
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AMBIENT AND ITS
NETWORK AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES
WITH RESPECT TO THE EQUIPMENT AND SERVICES, INCLUDING AND
WITHOUT LIMITATION TO ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Ambient and its Network Affiliates
make no warranty as to the accuracy or reliability of the information
contained in any message.
13. Limitation of Liability:
The customer acknowledges that messages may be lost or garbled for
many reasons, such as dialing errors, power failures, communications
network equipment failures, electronic interference and the recipient’s