the foregoing,
AWS may modify or terminate Service with respect to one or more Number(s) as
provided below in Section 10 with respect to abuse or fraudulent use upon
providing Customer with written notice thereof not less than forty-eight (48)
hours prior to such modification or termination. AWS shall have the right to
establish policies regarding the length of time between deactivating and
reactivating the same Number.
4.5
Troubleshooting. AWS will provide to Customer, and not directly to
End Users, network monitoring support, technical assistance support and
trouble-shooting support regarding the Service as AWS deems reasonable from time
to time. Customer will cooperate with AWS in any troubleshooting of the
Equipment or the Network as required to maintain the efficient operation of the
Service.
4.6
Limitations on Service.
4.6.1 General Limitations. CUSTOMER ACKNOWLEDGES THAT SERVICE IS MADE
AVAILABLE ONLY WITHIN THE OPERATING RANGE OF THE NETWORK. SERVICE MAY BE
TEMPORARILY REFUSED, INTERRUPTED, OR LIMITED BECAUSE OF: (a) FACILITIES
LIMITATIONS; (b) TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TERRAIN, OTHER
NATURAL OR ARTIFICIAL CONDITIONS ADVERSELY AFFECTING TRANSMISSION, AND OTHER
CAUSES REASONABLY OUTSIDE OF AWS' CONTROL; OR (c) EQUIPMENT
AT&T WIRELESS CONFIDENTIAL AND PROPRIETARY
Use pursuant to Company instructions
6
MODIFICATIONS, UPGRADES, RELOCATIONS, REPAIRS, AND OTHER SIMILAR ACTIVITIES
NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF SERVICE. CONNECTIONS MAY BE
"DROPPED" (I.E., INVOLUNTARILY DISCONNECTED) FOR A VARIETY OF REASONS,
INCLUDING, WITHOUT LIMITATION, ATMOSPHERIC CONDITIONS, TOPOGRAPHY, WEAK
BATTERIES, SYSTEM OVERCAPACITY, MOVEMENT OUTSIDE A SERVICE AREA OR GAPS IN
COVERAGE WITHIN A SERVICE AREA. AWS SHALL INCUR NO LIABILITY FOR ITS INABILITY
TO PROVIDE ADEQUATE SERVICES HEREUNDER IF SUCH INABILITY IS DUE TO THE ABOVE
LIMITATIONS OR TO CAUSES BEYOND THE REASONABLE CONTROL OF AWS. NOR SHALL AWS BE
RESPONSIBLE FOR ANY ACT OR OMISSION RELATED TO NON-AWS EQUIPMENT OR SYSTEMS USED
IN CONNECTION WITH THE SERVICE.
4.6.2 Limitations on Roaming Service. AWS WILL PROVIDE THE SAME ACCESS
TO ROAMING CAPABILITIES (INCLUDING "IN-AREA" ROAMING WHERE AVAILABLE) THAT IS
MADE AVAILABLE BY AWS TO OTHER SIMILARLY SITUATED SUBSCRIBERS PROVIDED THAT
EQUIPMENT WITH SIMILAR TECHNICAL CAPABILITIES AND PROGRAMMING IS USED BY END
USERS. THE AVAILABILITY OF ROAMING SERVICES, AND THE CHARGES FOR THOSE SERVICES,
IS DEPENDENT IN PART ON THE TYPE OF EQUIPMENT USED BY END USERS AND THE
PROGRAMMING OF THAT EQUIPMENT. AWS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO
THE AVAILABILITY OR QUALITY OF ROAMING SERVICE PROVIDED BY OTHER WIRELESS
CARRIERS, AND AWS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY ERRORS, OUTAGES, OR
FAILURES OF ROAMING SERVICES PROVIDED BY OTHER WIRELESS CARRIERS.
IF AWS, OR ANOTHER ENTITY WITH WHOM AWS HAS A ROAMING AGREEMENT,
DISCOVERS OR SUSPECTS ABUSE OR FRAUD WITH RESPECT TO CERTAIN NUMBERS, THEN
ROAMING PRIVILEGES MAY BE SUSPENDED WITH RESPECT TO SUCH NUMBERS. AWS SHALL USE
COMMERCIALLY REASONABLE EFFORTS TO PROVIDE CUSTOMER WITH PRIOR, OR PROMPT
SUBSEQUENT, NOTIFICATION OF THE SUSPENSION OF THE ROAMING SERVICE. AWS SHALL
HAVE NO LIABILITY TO CUSTOMER REGARDING THE UNAVAILABILITY OR SUSPENSION OF
ROAMING SERVICE BY OTHER CARRIERS.
TO THE EXTENT ACCESS TO ROAMING CAPABILITIES IS PROVIDED