THESE ARE THE TERMS OF SERVICE which govern your hosting transaction. They explain what we provide and what we do not provide. All hosting accounts are covered by a 30-Day Guarantee.

Please read this Terms of Service carefully. By hiring a Ninth Commerce Group, a 9th Elevation Company, LLC. or Bigreply.com (a Ninth Commerce Group Business Solutions - and its Parent company; a 9th Elevation Company, LLC.) and or using any of a Ninth Commerce Group, a 9th Elevation Company, LLC. or Bigreply.com Solutions online/offlice services, you agree that your use of our Service, and any dispute over Terms of Service , is governed by this Terms of Service and our CLIENT SERVICE AGREEMENT.

Because the Web is an evolving medium, we may need to change our Terms of Service at some point in the future, in which case we'll post the changes to this Terms of Service on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the NinthCommerce.com website after we post any such changes, you accept the Privacy Policy as modified.

Zero Tolerance! - Absolutely NO SPAMMERS. We will terminate your account immediately, without notice. Spammers also waive any refund deemed applicable in the terms of service below. Spammers are applicable to punishment and litigation outlined in the terms below and will be prosecuted to the fullest extent of the law.

Sites found in violation of these terms can be deleted from the server at any time. We do not actively police sites that we host, however if your site is reported to be in violation of our terms of service or US law then we have no choice but to terminate your
site or suspend it until you have made the appropriate corrections to be in compliance with our terms of service and/or US law.

If you have any questions or need clarification on the terms below, feel free to call us at 866-586-9137 (Toll Free - U.S. and Canada)
775-636-9355 (Local/International) or you can mail us using traditional means to:

a Ninth Commerce Group - a 9th Elevation Company, LLC.
9732 State Route 445
#166
Sparks, Nevada 89441
legal@9thelevation.com

Also read our "Discord/Challenge Procedure"

---

Email Policy, Limits and Bulk Sending of Newsletters/Emails

1. Introduction

This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of a Ninth Commerce Group - a 9th Elevation Company, Inc. (the "Company") governing the use by the customer of services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry, and provides the following policies in the best interests of the Company and the Company's clients. The Company retains the right to modify these Terms of Service at any time, and any such modification shall be automatically effective to all customers when adopted by the Company and published here. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company's services and products, the Customer agrees to be bound by the terms herein outlined.

Questions or comments regarding this document should be forwarded to the Company by making use of your login account located here.

Facsimile: 1-775-424-6247

2. Compliance with the Law - Also see Online Civil Subpoena Policy - Click Here

We support the uncensored flow of ideas and information using the Internet as an outlet for such ideas and information. We do not actively monitor or police the sites that reside on our interactive computers. We do not monitor subscriber activity unless we believe a subscriber is abusing our servers by way of hacking, spamming, phishing, or similar illegal activities. We do not exercise editorial control over any web site, newsgroup email, or other electronic transmission of data.

Customer shall not post, transmit, retransmit or store material on or through any of Services or Products which, in the sole judgment of the Company is in violation of any local, state, federal or non-United States law or regulation, The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services, which damages the Customer, or any other party. Customer shall be responsible for determining what laws or regulations are applicable to the Customer's use of the Company's Services and Products.

3. Prohibited Uses of Services and Products

In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

3.1. General

3.1. Unacceptable content includes pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware.

3.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.

3.3. Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company's Services or Products.

3.4. Slander or libel of a Ninth Commerce Group - a 9th Elevation Company, Inc. , it's employees, and officers, with Company names in print, web, verbal, email, or other communication will result in legal action, and immediate termination of all sites of the offending Customer, by the Company.

4. System and Network

4.1. Introduction of malicious programs into the Company's network or server (e.g. viruses and worms).

4.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2, "Disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.

4.3. Executing any form of network monitoring which will intercept data not intended for the Customer's server.

4.4. Circumventing user authentication or security of any host, network or account.

4.5. Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).

4.6. Using any program, script, command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal, SSH, ftp or any other session, via any means, locally or via the Internet

4.7. Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.

4.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.

4.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.

4.10. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.

5. Billing

5.0.0 Web and Software Development Late Fees There are absolutely no refunds; unless a Ninth Commerce Group, a 9th Elevation Company or Bigreply.com has stopped or delayed the Customer’s project development if for whatever reason. a Ninth Commerce Group, a 9th Elevation Company or Bigreply.com will not take the Customer’s website offline (or remove deployed work) in exchange for the Customer’s money back. If payment is not received within a month (or the stated invoice due date), a late fee of $30 will be charged to the Customer per week. If a Ninth Commerce Group, a 9th Elevation Company or Bigreply.com pursues reimbursement from the Customer through legal or a 3rd party collection agency, the Customer will be responsible for all of expenses a Ninth Commerce Group, a 9th Elevation Company or Bigreply.com incurs (to include all expenses that might be incurred in the collection of the debt).

5.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers or checking accounts.

5.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Company's Services and Products.

5.3. All hosting is paid in advance by the Customer to the Company. There are no payment options available to receive service, and pay at the end of the payment term, and ALL PAYMENTS ARE NON-REFUNDABLE, regardless of usage.

5.4. Electronic Checks: We currently only accept electronic checks by way of usage of the PayPal service.

5.5 Account upgrades incur no service fees and can be conducted at any time by the customer.

5.6 Account downgrades on shared hosting accounts will incur a $4.99 service fee. Account downgrades on reseller hosting accounts will incur a $9.99 service fee. All account downgrades must be submitted via trouble ticket to the Company at least 5 days before the next regularly scheduled billing date. Downgrade requests made after the 5 day cut-off will be billed the regular monthly fee and the downgraded monthly package will be applied after the next regularly scheduled billing.

5.5 Credit cards, Debit cards, PayPal, or any other offered payment methods will be enrolled in automatic payment subscriptions beginning on the date of signup. The customer has the ability to cancel the subscription or service at any time.  Once the customer is invoiced, the payment will be made by his/her credit card on file for all reoccurring services (such as domain and hosting renewals), by logging into a Ninth Commerce Groups web site you can change the method of payment manually. If you have any questions on your invoice please create a billing support ticket & refer to each  invoice in question. The default setting for new accounts is to have all billing realated services go against your sign up credit card on file..

5.6 The customer is responsible for making payments in a timely fashion, otherwise account suspensions and terminations will apply. All account payments must be made is U.S. dollars. If 7 days have passed and payment has not been posted against any due or overdue invoice, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies a Ninth Commerce Group to request termination of services. Should an account remain suspended due to non-payment of services rendered, the account and the content will be deleted without notice to the customer. Suspended users must pay all outstanding balances before the account will be reinstated. The outstanding balance/s on suspended account/s can be found by logging into the control panel.  Click Here

5.7 A $15.00 late fee will be applied to ay account more than 15 days overdue.

5.8 Accounts 30 or more days overdue will be automatically suspended. Service will be restored after a successful payment has been received by the customer, with no guarantee as to how long the reactivation process will take place, and with no guarantee that the customer's data has been preserved for the duration of the suspension. Accounts in suspended status may have all or partial data removed from our servers at any time deemed necessary by the company so that it can resell the space to other customers. A $25.00 reactivation fee will apply.

5.9 Disputed charges to your credit card issuer, also known as chargebacks, will result in immediate account suspension, regardless of fault of credit card issuer, Customer, employee or agent of the Customer. In order to restore service from disputed charges, the Customer will need to pay the full balance of the disputed charge, as well as reactivation fees, if applicable.

5.10. Also please refer to: Account Suspension and Deletion for Nonpayment Policy: Link ->

6.11 Bandwidth & Utilization & Fees Setup Fee.

Customer agrees to pay in full the amount of any non-recurring non-refundable one-time setup fees listed in the Service description prior to any server provisioning, equipment acquisition or installation by Provider.

Recurring Fee. Customer agrees to pay any recurring fees listed in the Service description one term in advance each anniversary date.

Network Transfer Overage Fee. Should Customer exceed the total amount of combined network transfer as described in the Service description, Customer agrees that overage fees will apply and be due immediately. Current bandwidth are:

* Shared Hosting Accounts: 1GB Disk Storage and 80GB Monthly Bandwidth
* Dedicated Servers and Collocation: N/A Disk Storage and 2000GB Monthly Bandwidth Overage Fee's

* Disk Space: $0.05 per MB
* Bandwidth: $4.00 per 1GB Term.

This Agreement shall be effective as long as Customer or Customer's contacts continue to use Provider's Service. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider. Acceptable Use. Customer’s use of Provider’s services is further governed by the Provider’s Web Hosting “Acceptable Usage Policy” ("AUP") which promotes safe computing practices. Provider may at its sole discretion change, update and revise the AUP. Notice of change will be sent to the primary email address contacts in Provider’s Customer database. Notification will not be delivered by phone or US Mail. The AUP is maintained at the following URL: http://www.appliedtactics.com/usage.html.

6. Indemnify and Hold Harmless

You are responsible for all actions that occur in regards to your account. As a condition of service, you agree to indemnify and hold harmless a Ninth Commerce Group and a 9th Elevation  Company, its officers, employees, agents, and shareholders, for any cause of action out of your account with use or your use of the service.

7.1 YOUR INVOICES ARE YOUR RESPONSIBILITY.

7.2 If payment is not received by noon PST on the 30 days after the posted date of your invoice your account or your projects will be automatically be disabled or suspended if you have not contacted us to make payment arrangements. We do routinely issue payment reminder notices prior to the payment due dates, disableing or suspension of accounts.

7.3 Daily Late fees will be assessed at the rate of $2.50 per day until payment is received and are retroactive to the targeted month that payment was due. Should your site be suspended or disabled for any reason, a $25.00 suspension fee will be assessed. Due to the variety and number of clients we service we must strictly adhere to these guidelines. We understand special circumstances do arise. Should you need to make special payment arrangements, please CONTACT US immediately to make arrangements and include your Customer ID & Domain Name number found on your invoice in all correspondence.

7.4 If your account is suspended, your Account Manager is automatically notified as the account is put out of service, which means your Designer, or Application Programmer cannot perform any work on your site.

7.5 If you do not recieve your invoice, it is your responsibility to contact us to inquire on your account status. The main reason clients do not recieve invoices is that they have changed email/mailing addresses and have not notified us of the new email/mail address therefore, you do not receive your invoice. We have no control over this and can only forward an invoice to the email/mail address/s we have on file for you. It is to your benefit to notify us of any change in your email address.  Note: All Account Emails, Invoices, Transactions and Billing Notices are recorded in your account & can be viewed or printed at any time you access your account.  If you account email goes down or changes from its original sign up all records can still be found in your account 24/7. Update your account today!

8. VERY IMPORTANT:

8.1 Lack of receipt of a proper cancelation notice or a "no response" from you to our communications does not excuse you from payment of your account nor does it exempt you from your payment responsibility or collection proceedings. Should we not receive payment for your account after several unsuccessful attempts have been made by us to collect the total amount due, we will proceed with Collection Agency action. This will add additional expensive account preparation fees to your outstanding balance due.

8.2 If we attempt contact with you and do not receive a timely response we will assume that you are no longer interested in keeping your account and all monies due us are still collectable and we will make every effort to do so including formal collection action if necessary. This can include damaging entries to your credit report and the unpleasantness of dealing with our Collection Agency.

8.3 Therefore, please seriously consider an act on your part of not responding to our invoices and/or notices. If your account is in danger of suspension or further action it will be noted as such on your invoices. You may not receive any other notification of any pending action. It is in your own best interest to communicate with us. It is only in this fashion that we may attempt to resolve the issue with you without involving our Collection Agency or Attorney. If you have a payment issue, CONTACT US immediately as we will work with you to remedy the situation. We cannot assist you with this if you are not willing to communicate with us.

9. Out-of-Date Records

9.1 Periodically it may become necessary for a Ninth Commerce Group Business Solutions to contact the customer. If the information provided to us is not current, it may lead to the customer failing to receive notices. The customer is solely responsible for keeping all-personal and billing information current at all times. a Ninth Commerce Group Business Solutions is not responsible for actions that are taken as a result of a customer's failure to respond to a Ninth Commerce Group Business Solution’s notices.

10. Taxes

10. Customer Liability

10.1 a Ninth Commerce Group Business Solutions shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from customer. Customer is solely responsible for all taxes and fees of any nature associated with a Ninth Commerce Group Business Solution’s products and service.

12.1. Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" Spam or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship.

12.2. Sending UCE or Spam referencing an email address for any domain hosted by the Company.

12.3. Sending UCE or Spam referencing a domain hosted by the Company.

12.4. Sending UCE or Spam referencing an IP address hosted by the Company.

12.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, or an IP address belonging to the Company.

12.6. Harassment, whether through language, frequency or size of messages.

12.7. Slander or libel of the a Ninth Commerce Group - a 9th Elevation Company, Inc. . names via, email, or other communication will result in legal action, and immediate termination of all sites of the offending Customer, by the Company.

12.8. Unauthorized use, or forging, of mail header information.

12.9. Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.

12.10. Creating or forwarding "chain letters" or illegal "pyramid schemes" of any type.

12.11. Use of unsolicited email originating from within the Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network.

12.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.

12.13. Customer will be charged a $500.00 penalty charge for each instance of a verifiable UCE or Spam email that is reported to the Company and faces immediate account suspension and/or termination, as well as is liable for all legal fees, including court costs and attorney fees associated with collecting the penalty listed in this section.

12.14. Giving away email addresses from your domain to the general public. If the Customer offers free email addresses to people that are not directly associated with the workings of the site, are not related to the Customer, are not a personal acquaintance of the Customer, or part of the Customer's organization or business entity, your account may be suspended or terminated without refund, unless you are a Dedicated or Shared server accounts server subscriber. Giving away free email addresses is not allowed on shared or reseller hosting packages. This ensures all users will have adequate email service and cuts the risk arbitrary users will not abuse the email service and prevents the Company's mail service from being blocked by various SPAM enforcement agencies.

12.15. The Company will be the sole arbiter as to what constitutes a violation of these provisions.

14. Customer Support - Click Here to Login

14.1. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with Company employees or officers, via telephone, email, online chat or other means will result in immediate account termination. As per the Terms outlined in this agreement, no refunds will be given for sites cancelled due to violations of this section.

14.2. The Company cannot support third party softwares like Mailman, XMB, PHPBB, Microsoft Frontpage™ or any other third party systems that we provide or you install on you own. We will try in most cases to help with general issues to get you running, but we are not responsible for any breakage that may occur as a result of using these systems.

15. Bandwidth & Utilization

In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms.  All accounts come with a On-Demand upgrade within its account services boundaries.  If you have question on your services please create a service support ticket so that we can assist you more.

15.1. The Company provides the limits on space and transfer in good faith to our Customers so that they may create their Web sites without the fear of running over their Web traffic and space allocation. While most Customers will use the space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:

15.2. Customer's site must use and store only the information and data that relates to the Web site, at the IP address provided by the Company.

15.2. The Company does not permit sites where more than 10% of systems total resources, or sites which in the Company's view are detrimental to the enjoyment of the Company services by the Company's other Customers, or are in the sole and final judgment of the Company, detrimental to network or business operations.

The Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Web sites that do not comply with these simple rules, or who seek to take advantage of the Company unlimited storage or traffic plan in any other way, will, at the discretion of the Company , have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of the Company .

16. Terms and Termination - Also see Online Civil Subpoena Policy - Click Here

For the purposes of Section 5 of this agreement, the term "30 Day Guarantee Period" shall be defined as the period extending from the date a Customer signs up his or her first domain hosting agreement with the Company through the sixtieth (30th) day following the initial signup of the first domain enrolled in hosting services by the Company.

16.1. Termination Notification - All cancellations on reseller, semi-Dedicated or Shared server accounts accounts must be received by the Company a minimum of five (5) days prior to the next billing date of the domain(s) being canceled. Dedicated or Shared server accounts Servers and VPS accounts require a minimum of thirty (30) days advanced notification. All Termination Notifications received after the dates specified in this section are considered as "Late Cancellations."  You can cancel services within your logged in account. Login Here.

16.2. If the Customer fails to notify the Company to cancel service before the Termination Notification dates defined in section 5.1, the Customer will be charged for the final month of service using any stored Customer billing data. This includes, but is not limited to: credit card, PayPal, google checkout, or any other payment method that the Customer has stored with the Company. If payment has not yet been made by the Customer, and the Customer notifies the Company of cancellation after the Termination Notification dates defined in section 5.1, the Customer agrees and is required to pay the Company for the final month of service using any legal payment method agreed upon by the Customer and the Company. In all cases "Late Cancellations" will result in a final installment equal to the regular monthly price agreed to by the Customer.


16.3. Cancellations requested within the 30 Day Guarantee Period are eligible for a full refund, less setup fees, domain registration fees and add-on-service fees which are non-refundable. Cancellations requested outside the 30 Day Guarantee Period are not eligible for a refund in part or in full.

16.4. Cancellation requests will only be accepted via ticket submission at our helpdesk billing department, and must originate from the contact details of that account holder listed in the Company's customer database. Any other form of cancellation request is not acceptable.

16.5. Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, InterNIC delays, account termination for violation of policies outlined in this document as a whole.

16.6. By submitting a credit card information on the order form, Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to the terms of this Agreement.

16.7. Customer will not receive a refund for any setup fees or any other fees, including the transaction fees, administration fees and refund transaction fees charged by any credit card, Online eCheck, PayPal, or any other payment processor, unless otherwise determined by the company.

16.8. Customer may, at the sole discretion of the Company, be charged a reactivation fee for each site terminated or suspended due to a billing or other Terms of Service violation or related issue.

16.9 Customers that lease Dedicated or Shared server accounts servers may, at the sole discretion of the Company, be charged a reactivation fee for each site terminated or suspended due to a billing or other Terms of Service violation or related issue, if the customer requests site restoration of a suspended or terminated site. An Additional per incident fee may be billed to the Customer for Dedicated or Shared server accounts servers that have been suspended or terminated due to a billing or other Terms of Service violation or related issue.

16.10. Customer shall pay the fees and other charges for Products and Services ordered from Company as published at time of order. Company reserves the right to change fees for services without notice; any changes in price will take effect upon renewal of the existing hosting account, immediately for new purchases.

16.11. Customer agrees that the Company reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discount.

16.12. The Company reserves the right to terminate this agreement, and to delete the Web site from its hardware, immediately upon the occurrence of any of the following events:

- Non payment of any charges due from Customer.

- Breach of any term or condition of this agreement by Customer.

- Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Web site, whether or not such suit names the Company as a party or seeks any recovery from the Company.

- Commencement of any lawsuit or proceeding against Company from Customer arising from or relating to any service or activity provided by the Company.

16.13. Payment for any charges is due at the time of signup and renewal anniversary respectively. All payments must be in U.S. Dollars. Accounts which have balances outstanding for more than ten (10) days shall be deemed to be in default and subject to suspension or termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for non-payment of any amounts due the Company.

16.14. Dedicated or Shared server accounts server Customers who are more than 15 days in arrears for payment, will, at the sole discretion of the company, have their servers terminated, formatted, and resold.

16.15. Free Domains, and Domains purchased in advance for Customers will be bound by the items listed below.

16.16. If customer has received a free Domain name from the Company

17. Disclosure to law enforcement
Company may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18. Attorneys' Fees
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

19. Notices
Any notice under this Agreement may be e-mailed, delivered personally or mailed by registered mail to the addresses written below, or to such other places as the parties may designate in writing.

20. Data Back-up
Customer is responsible for independent backup of data stored on Provider's servers; unless the Customer’s Web Hosting Service Order includes backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by Customer.

21. Domain Names
Throughout the course of service rendered to Customer by Provider, Customer will remain the full owner and controlling entity for the Customer's established domain name. Registration and modification of domain name status, including name server location is handled by independent domain name registrars.

22. Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a special agreement.

23. Liability of Customer
Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer's facilities which are connected to Provider’s facilities, shall not result in the imposition of any liability upon Provider and Customer shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labor and materials.