Termination or Suspension. Notwithstanding any agreed or required minimum term, service may be suspended or terminated as follows:
Material Breach. If Subscriber fails to perform or observe any material term or condition of service, including non-payment of charges, and such failure continues unremedied for thirty (30) days, seven (7) days for Subscriber’s failure to fulfill its payment obligations, including failure to pay a required deposit) after receipt of notice, connectSCP may terminate (or may suspend and later terminate) the affected service.
Materially Adverse Impact. If connectSCP revises a Service Publication, and the revision has a materially adverse impact on a Subscriber and connectSCP does not produce a revision that remedies such materially adverse impact within thirty (30) days after receipt of notice from Subscriber, then Subscriber may, as Subscriber’s sole remedy, elect to terminate the affected service with thirty (30) days’ written notice to connectSCP, given not later than ninety (90) days after Subscriber first learns of the revision to the Service Publication. “Materially adverse impacts” do not include changes to standard pricing, changes required by governmental authority, or assessment of or changes to additional charges such as governmentally imposed costs and fees (such as USF, PICC, E911 and telecommunications relay charges).
Fraud or Abuse. connectSCP may terminate or suspend an affected service immediately by providing Subscriber with as much advance notice as is reasonably practicable under the circumstances if Subscriber, in the course of breaching any applicable terms of service: (i) commits a fraud upon connectSCP; (ii) uses the service to commit a fraud upon another party; (iii) unlawfully uses the service; (iv) abuses or misuses connectSCP’s network or service; (v) interferes with another Subscriber’s use of connectSCP’s network or services; (vi) engages in unsafe, abusive or excessively disruptive conduct toward connectSCP or connectSCP’s employees or (vii) attempting to avoid the payment, in whole or in part, of any charges by any means or device (mere non-payment of billed charges will not be considered grounds for termination or suspension under this subsection (d)(vii)).
Hazardous Materials/Unsafe Conditions. If connectSCP encounters any Hazardous Materials, unsafe conditions, or interference from persons, livestock, or pets at the service location, connectSCP may terminate the affected services or may suspend performance until Subscriber removes and remediates the Hazardous Materials, unsafe conditions, or interference at Subscriber’s expense in accordance with applicable law.
Withdrawal of Services. connectSCP may discontinue providing a service by providing Subscriber with as much advance notice as is reasonably practicable under the circumstances where connectSCP generally discontinues providing the service to similarly situated Subscribers.
Notice of Disconnection. The notice of pending disconnection required by these Terms and Conditions shall be a written notice setting forth all reasons for the notice, and the final date by which the account is to be settled or specific action taken. The notice shall be considered rendered to the Subscriber when (a) deposited in the U.S. mail with postage prepaid or (b) when sent electronically to the Subscriber contact information on file. The final date shall be not less thanseven (7) days after the notice is rendered.
