You acknowledge that performance of the Service is materially affected by the specifications and configuration of the Subscriber’s device connected to the service, including, but not limited to, memory and storage. The Service is not available everywhere and is only available when the device is within operating range of the Provider system or a system with which the Provider has a roaming agreement. Subscriber understands and agrees that use of the Service requires certain equipment provided by the Subscriber such as a personal computer and an appropriate operating system (“Subscriber Equipment”). Subscriber represents that they own the Subscriber Equipment or otherwise has the right to use it in connection with the Service. Subscriber shall have sole responsibility for protecting all Subscriber Equipment and software from loss or damage including, but not limited to, power surges, viruses, hackers, lightning, fire, flood and acts of God. The installation, use, inspection, maintenance, repair and removal of the Provider Equipment may result in Service outages or potential loss or damage to Subscriber Equipment, and Subscriber understands, accepts and assumes any and all risks associated with such loss or damage, including, but not limited to, Subscriber’s failure to “backup” all existing computer files by copying them to another storage medium prior to such activities. NEITHER THE PROVIDER NOR ITS UNDERLYING PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, COMPUTER PERIPHERALS, FILES OR DATA. Subscriber acknowledges that the use of the Service may periodically require updates and/or changes to the software resident in the Provider Equipment. Such updates and changes may be performed remotely or onsite by the Provider and/or its underlying providers at their sole option. Subscriber hereby consents to such updates which will be performed as deemed necessary by the Provider and/or its underlying providers with or without notice to Subscriber.
WITHOUT LIMITING THE FOREGOING, SUBSCRIBER UNDERSTANDS AND AGREES THAT UNLESS PROHIBITED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR FROM SUBSCRIBER’S EQUIPMENT (WHETHER DIRECT OR INDIRECT), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF REVENUE, PROFITS, BUSINESS OR GOODWILL, LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH DAMAGE RESULTS FROM NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE PROVIDER, OR ANY SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, CONTRACTOR OR AGENT, OF PROVIDER. IN ANY EVENT, SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH DAMAGE SHALL BE TERMINATION OF THE SERVICE AS PROVIDED UNDER PARAGRAPH 3.7 OF THIS AGREEMENT.