LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL SKYTEL, ITS EMPLOYEES, SALES AGENTS OR
REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL OR SPECIAL DAM-
AGES, LOST PROFITS, LOST SAVINGS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE
FORM OF ACTION, EVEN IF SUCH PARTIES ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER RESULTING FROM ANY BREACH OF THIS AGREEMENT OR OTHERWISE.
(b) You acknowledge that the term Guaranteed Delivery (or terms of similar connotation), as used in conjunction with SkyTels
advanced wireless messaging Services, refers to certain technical functionality of the network and the ability of the network to repeatedly
deliver messages to a Device for a predetermined period until receipt is acknowledged, as well as the ability of the network to make
undelivered messages available for retrieval. You further acknowledge that SkyTels use of any such term does not constitute a
representation or warranty, express or implied, regarding any of the Services.
5. Termination.
Upon the occurrence of an event of default, SkyTel shall have the right to terminate the Agreement upon written notice
to You and the failure by You to cure such default within ten (10) days following receipt of written notice thereof. As used herein, the term
event of default shall mean (i) the failure by You to observe or perform in any material respect any of the covenants or agreements
contained herein; or (ii) Your insolvency, assignment for the benefit of creditors, appointment or sufferance of appointment of a trustee,
receiver or similar officer, or any voluntary or involuntary proceeding seeking reorganization, rehabilitation, liquidation or similar relief
under bankruptcy, insolvency or similar debtor-relief statutes. No termination of the Agreement will relieve You from any amount due and
owing to SkyTel or any liability arising from any breach of the Agreement.
6. Information Services.
To the extent You utilize any information service which contains informational content and data (Licensed
Content) supplied through any third party unaffiliated with SkyTel (a Content Provider), You agree: (a) that the Licensed Content is
the property of the Content Provider and its licensors and may be protected by copyright, and that You shall not acquire any proprietary
interest in the Licensed Content, (b) that the Licensed Content is presented solely for Your personal use, and that You shall not otherwise
republish, reproduce, rebroadcast, redistribute, resell, alter or modify any headline, information or other content contained in the
Licensed Content, and (c) that the Content Provider, its licensors, SkyTel and its affiliates disclaim all warranties, including the implied
warranties of merchantability or fitness for a particular purpose, for the Licensed Content and that the Content Provider, its licensors,
SkyTel and its affiliates disclaim all liability to You and any third party with respect to the Licensed Content, including, without limitation,
for any negligence or errors in procuring, editing, writing, reporting or delivering the Licensed Content, for any inaccuracies or errors
in or omissions from the Licensed Content, and for any indirect, incidental, consequential or special damages arising therefrom.
7. Notices.
All notices required or permitted hereunder shall be in writing, certified mail, return receipt requested, to SkyTel at Post
Office Box 2469, Jackson, Mississippi 39225-2469, Attn: Customer Service, and to You at the billing address designated by You in
establishing your account with SkyTel.
8. Miscellaneous.
(a) The Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without
regard to the principles of conflict of law; (b) if any provision of the Agreement shall be held to be illegal, invalid or unenforceable, such
provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby; (c) no delay or failure by SkyTel to enforce
any right under the Agreement will be deemed a waiver of that or any other right; (d) if any action shall be brought by SkyTel on account
of any breach of or to enforce any of the terms, covenants or conditions of the Agreement, SkyTel shall be entitled to recover from You,
as part of SkyTels costs, a reasonable attorneys fee; (e) You may not assign or delegate Your obligations under the Agreement, either
in whole or in part, without the prior written consent of SkyTel; (f) SkyTel shall not be liable for any nonperformance under the Agreement
due to causes beyond its reasonable control that cannot be reasonably avoided or overcome; (g) the headings and captions used herein
are used for convenience only and are not to be considered in construing or interpreting the Agreement; and (h) no amendment to or
modification of the Agreement will be binding unless in writing and signed by both parties.
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