Limitation of Damages / Damages. 

LD TELECOM SHALL NOT BE LIABLE FOR DIRECT,  INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS) OR PUNITIVE DAMAGES ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ARISING FROM INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP OR ANY INCORRECT LOCATION REPORTING TO 911 EMERGENCY SERVICE PERSONNEL, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO THE DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF LD TELECOM IS NOTIFIED OF THE POSSIBILITY OF THE DAMAGES OR THAT THE DAMAGES ARE FORESEEABLE.

 NEXOGY  shall not be liable for any delay or failure to perform under this Agreement due to conditions or circumstances beyond its control, including without limitation, Acts of God, floods, fires, riots or sabotage, wars, accidents, strikes, terrorism, freight embargoes, delay in transportation or inability to secure transportation, shortage of labor, material or equipment and/or an act in compliance with any government law or regulation.

Customer acknowledges that the Service requires a fully functional broadband connection to the Internet and, in the event of an outage, alteration, change or termination of service by Customer’s Internet service provider ("ISP") or broadband provider, the Service may not function. In this event, Customer will continue to be billed for the Service unless Customer terminates the Service in accordance with this Agreement.  Should there be an interruption in the power supply or ISP outage, the Service will not function until the interruption or outage is properly addressed. Customer represents that Customer is aware that a power failure or disruption may require the Customer to reconfigure equipment prior to restoring the Service. 

In no event shall NEXOGY  be liable to Customer or third parties for any damages, including without limitation lost or anticipated profits, direct, indirect, incidental, exemplary, punitive, special, reliance or consequential damages, nor shall NEXOGY  be liable for any Service Level Agreement credits, as applicable, arising out of any equipment or product defect, malfunction or deficiency, an outage, alteration, change, suspension or termination of internet service or broadband service to Customer or any damages caused to Customer arising out of (1) Customer’s or any person or individual’s use of equipment or products not provided by NEXOGY  without NEXOGY ’S prior written approval, (2) any reconfiguration of equipment or products without NEXOGY ’S prior written approval or (3) any violation of any Customer employee, contractor, or staff’s rights or any third party rights, including without limitation rights to privacy as well as damages arising from wrongful “hacking” or access of Customer’s account and voicemail systems as a result of Customer’s failure to change its password(s) pursuant to paragraph 10 above. In addition, LD TELECOM shall not be responsible or liable in any manner for any Service Level Agreement credits, delay, failure to perform or damage to Customer arising out of products, equipment or services provided by Customer or third parties, any acts or omissions of Customer or third parties, or any Services provided by NEXOGY  to Customer in connection with a problem arising out of Customer’s network malfunction or deficiency or products or services provided by Customer or third parties or problems or deficiencies with 911 access and service.

 NEXOGY  shall not be liable for any measure or action taken to prevent potential or actual fraud or other wrongful conduct.   

 NEXOGY ’S total aggregate liability and Customer’s exclusive remedy for any claim in connection with this Agreement shall not be greater than the amount paid for Services by Customer for the one (1) year beginning on the date of execution of this Agreement, as an agreed upon limitation of damages and not as a penalty.