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No Warranties
All services are provided by Momentum are subject to applicable tariffs and any accompanying terms and conditions. Nothing herein shall be construed as a contractual term or condition, nor as an offer to provide services. All content on our website is provided to you on an "as is" basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Momentum makes no warranty as to the accuracy, completeness, or reliability of any content available through our website. Momentum makes no representations or warranties that use of our website will be uninterrupted or error-free. You are responsible for taking all precautions necessary to provide that any content you may obtain from our website is free of viruses.
Limitation of Liability
Momentum specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to our Web site, even if Momentum has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through use of our Web site, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications services or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure or unauthorized access to our Web site.
E-Mail
You understand that the Internet is public and that e-mail communications between you and Momentum via this Web site are subject to the risk of being viewed by other parties. You acknowledge that any information which you provide to Momentum may not be secure and Momentum disclaims all liability with respect to the submission of any information which you may submit via e-mail.
Intellectual Property
Our website is protected by copyright laws. You may not reproduce or distribute content on our Web site, the design or layout of our Web site or our logos without Momentum's express written permission. The names, logos and icons identifying Momentum's services are proprietary marks of Momentum Business Solutions, Inc. Unauthorized use of any of our names or logos is a violation of federal and state laws. All other trademarks or service marks are the property of their respective owners.
You may download copyrighted material for your individual and non-commercial use only. However, in doing so, you agree to keep intact all copyright, trademark and other proprietary notices. Using our Web site to consider whether to enter into a business relationship with Momentum shall not constitute a "commercial use." You may not otherwise copy, republish, redistribute, or exploit any material from our website without the express written permission of Momentum.
Links to Other Internet sites
The links in our website are provided as a courtesy to you. The linked sites are not under our control, and the content available on those linked sites do not necessarily reflect the opinion of Momentum. Access to any other linked site is at your own risk. Momentum assumes no responsibility for the content of such sites. The inclusion of any link does not imply an endorsement by Momentum.
Modifications
Momentum reserves the right to modify our website and these Terms of Service at any time. Modifications will be posted here and users are deemed to agree to and be bound by any changes.
Acceptable Use Policy
Momentum reserves the right to seek all remedies available at law and equity for violations of these Terms of Service, including the right to block access. Momentum services may only be used for lawful purposes. Click here to see our Acceptable Use Policy ("AUP").
Additional Terms
All services are provided by Momentum subject to applicable tariffs and any accompanying terms and conditions.
Should you fail to pay any invoiced item within 30 days of the date of the invoice, Momentum reserves the right to cease providing services until such time as the invoice is paid. Such interruption of service shall not be a breach of any agreement. If any provisions of these Terms of Service shall be held invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected or impaired thereby. All notices to Momentum shall be sent by registered or certified mail, return receipt requested to Momentum at the Corporate Office address herein, attention legal and regulatory department. You agree to pay all costs of collection arising out of your failure to pay for services, including reasonable attorney's fees, whether incurred by suit or otherwise. You acknowledge that you have not been induced to enter into any agreement with Momentum by any representation or warranty not set forth herein. These Terms of Service represents the agreement of the parties with respect to the subject matter and supersedes all existing agreements and all other oral or written communications between the parties concerning the subject matter. You understand and agree that, if you have purchased the Safety Wire Plan, it provides maintenance or repair work for damage or inoperability resulting from normal business conditions occurring in the normal and ordinary course of business, but excludes damage caused by third parties or force majeure events. The Safety Wire Plan only provides such maintenance and/or repair work between the demarc and the jack.
By receiving services from Momentum, you are requesting the extension of credit for commercial business or residential use only and you certify that the firm you represent is doing business as a sole-proprietorship, partnership, limited liability company, or a corporation. You authorize Corporate Billing, Inc., the billing service provider, to obtain credit reports from any credit reporting agency, bank or commercial supplier with whom you are or have done business to give all necessary information to Corporate Billing, Inc., which will assist them in the credit investigation. You further authorize the reinvestigation of credit from time to time. This authorization shall remain in effect until revoked in writing.
Residential Voice Service
All MomentumFamilysm products are designed for residential voice calling only. These products are not intended for phone lines that are connected to the Internet for extended periods of time.
If it is determined that usage is not consistent with residential voice applications, Momentum may immediately suspend, restrict or cancel the customer's service without prior notice and assess an additional $50.00 monthly recurring charge for each month in which such usage occurred. Incidental Internet and other data usage is permitted provided however, that any usage in excess of 5,000 minutes per month shall be presumed to be not consistent with residential voice applications and shall be subject to the conditions above.
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