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17.2 Notwithstanding the above section, EastLink is not liable for:
a) any disruption or unavailability of EastLink service, including, without
limitation, any disruption or unavailability of emergency 9-1-1 service;
b) any act or omission of any third party (including, without limitation, any
other local telephone company, any connecting carrier or underlying
carrier or other provider of connections, facilities, or service);
c) the conduct, acts or omissions of Customers, or the operation or failure
of Customers’ equipment or facilities;
d) any event beyond the reasonable control of EastLink, including, but not
limited to: (i) acts of God; (ii) inclement weather, including lightning;
(iii) labour disputes; (iv) riots or civil disputes; (v) war or armed conflict;
or (vi) any law, governmental order, decision or regulation, or order of
any court of competent jurisdiction;
e) defamation or copyright infringement arising from material transmitted
or received over any EastLink network, equipment or facilities;
f) infringement of patents arising from combining or using Customer-
provided facilities with any EastLink network, equipment or facilities;
g) copyright or trademark infringement, passing off or acts of unfair
competition arising from directory advertisements furnished by a Customer
or a Customer’s directory listing, provided such advertisements or the
information contained in such listings were received in good faith in the
ordinary course of business;
h) any defacement of, or damage to, your premises as a result of: (i)
the attachment of any instruments, apparatus or associated wiring or
equipment, furnished by EastLink, on your premises, or (ii) the removal
thereof, when such defacement or damage is not wholly caused by
EastLink’s negligence; or
i) EastLink’s failure, for any reason, to activate any service on the activation
date requested.
17.3 UNDER NO CIRCUMSTANCES SHALL EASTLINK, ITS PARTNERS OR
ASSOCIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
SERVANTS OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES,
THAT RESULT IN ANY WAY FROM THIS AGREEMENT, INCLUDING
YOUR USE OF THE EQUIPMENT AND/OR SERVICE THEREOF, OR YOUR
RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE
OR MATERIAL PROVIDED ON OR THROUGH USE OF THE SERVICES, OR
THAT RESULT FROM FAILURE OF PERFORMANCE OF THE SERVICES.
17.4 There is no express or implied warranty or condition, whether of
merchantability, fitness for a particular purpose, or otherwise, with respect
to any services, product or equipment provided to you by EastLink.
Summary of Contents for Telephone
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