1.2 Obligation & Liability of ConnectSCP

1. Availability of Facilities. connectSCP and/or SCP’s obligation to furnish services is dependent upon its ability to secure and retain, without unreasonable expense, suitable facilities and rights for such facilities, except as provided for in 1.4 (11) Construction Charges.
2. Allowance for Failure of Service. connectSCP and/or SCP does not guarantee uninterrupted service or use of equipment. In case service is interrupted other than by the negligence or willful act of the Subscriber, an adjustment may be made in the form of a bill credit for the charges for that portion of the service rendered inoperable if connectSCP and/or SCP desires. No other liability shall in any case attach to connectSCP or SCP.
3. Transmitting Messages – Security. connectSCP does not transmit messages, but offers the use of its facilities, where available, for communications between parties, subject to these Terms and Conditions. Access to and use of any information or data obtained by Subscriber or any user via use of service is at the Subscriber or user’s own risk. connectSCP is not responsible for the accuracy, reliability, or security of such information. connectSCP makes no attempt to verify accurate receipt of any messages and connectSCP is not responsible for any loss of data resulting from delays, non-deliveries, incorrect deliveries, viruses, e-mail filtering, service interruptions, etc. connectSCP makes no representation warranties, or assurances regarding the security of any system or network, or the protection or privacy of email or other information transferred or communicated through the Internet or any other system or network. connectSCP shall not be liable for any breach of security arising from or in connection with a Subscriber’s or user’s use of service or connectSCP’s network.
4. Defacement of Property. connectSCP and/or SCP or any authorized contractors shall exercise care in all work done on a Subscriber’s property. No liability shall attach to connectSCP and/or SCP by reason or act of an authorized contractor, or of any defacement or damage to the Subscriber’s property resulting from the existence of connectSCP and/or SCP’s instruments, apparatus and associated wiring on such property, or by the installation or removal thereof, unless such defacement or damage is the result of the negligence of connectSCP and/or SCP, or its employees. Notwithstanding the foregoing, Subscriber acknowledges and agrees connectSCP and/or SCP is not liable for any and all acts of its authorized contractors.
5. Limitation of Liability. connectSCP and/or SCP shall not be liable for any damages arising out of or relating to:
   1. service defects, service levels, delays or any service error or interruption, including interruptions or completing any 911 or other emergency response calls or any other calls or transmissions (except for credits explicitly set forth in this Service Catalog);
   2. interoperability, access, or interconnection of the services with applications, data, equipment, services, content or networks provided by Subscriber or third parties;
   3. lost or altered messages or transmissions;
   4. unauthorized access to or theft, alteration, loss, or destruction of Subscriber’s (or its affiliates’, users’ or third parties’) applications, content, data, programs, information, networks or systems;
   5. equipment, network or facility maintenance, upgrades, modifications or relocations;
   6. any loss, damage, failure, or impairment of service in connection with Subscriber premise equipment and wiring.
   7. force majeure events such as, but not limited to, acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, epidemic, pandemic, work stoppage, supply chain issues, civil commotion, blockade, revolution, insurrection, mobilization, strike, labor trouble, any labor, material, or transportation shortage or curtailment, government regulation, and government actions;
   8. service, equipment, network, or facility failure caused by the loss of power; or
   9. service, equipment, network, or facility failure caused by the negligent or more culpable acts or omissions by Subscriber or its affiliates, users, or third parties;
   10. acts of connectSCP’s and/or SCP’s authorized contractors.

The Subscriber indemnifies and holds connectSCP and/or SCP harmless against claims for libel, slander, or infringement of patents arising from combining such Subscriber premise equipment and wiring with the facilities of connectSCP and/or SCP.

TO THE EXTENT PERMITTED BY LAW, CONNECTSCP’S TOTAL LIABILITY FOR ANY CLAIM CONCERNING SERVICES OR EQUIPMENT PROVIDED UNDER THIS SERVICE CATALOG, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID FOR THE SERVICES WE PROVIDED, WHETHER SUCH CLAIM OR REMEDY IS SOUGHT IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, CONNECTSCP SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR TREBLED OR ENHANCED DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.