This is an Internet Service Provider service agreement (contract) with a mythical
company to provide internet access and services. This contract has a liquidated damages provision in paragraph 3(E) to be paid if the Use Policy is breached. Pursuant to a liquidated damage provision, upon a party's breach, the other party will recover this amount of damages whether actual damages are more or less than the liquidated amount.
An Indiana Service Agreement between an Internet Service Provider (ISP) and a Subscriber is a legal contract that outlines the terms and conditions of the provision of internet services to the Subscriber. This agreement includes a Liquidated Damage and Exculpatory Provision, which is designed to protect both parties in the event of any potential breaches or damages. The Liquidated Damage provision is an important clause that specifies the amount of money the Subscriber will be responsible for paying in the event of a breach of the agreement by either party. This amount is predetermined and agreed upon by both parties in advance, and serves as a form of compensation for any losses or damages incurred as a result of the breach. It is important to note that this provision should be reasonable and proportional to the potential harm caused by the breach. On the other hand, the Exculpatory Provision is a clause that aims to limit the liability of both the ISP and the Subscriber for any potential damages or losses arising from the use of the internet services. This provision protects both parties from liabilities that may result from unforeseen circumstances, such as system failures, network outages, or hacking attempts. However, it is crucial for this provision to be drafted carefully so as not to be interpreted as an attempt to evade responsibility for intentional or negligent actions. It is worth mentioning that there may be different types of Indiana Service Agreements between ISPs and Subscribers with Liquidated Damage and Exculpatory Provisions, depending on the specific services and conditions agreed upon. Some variations could include agreements for residential internet services, business or commercial internet services, or specialized services tailored to specific industries or sectors. In summary, an Indiana Service Agreement between an Internet Service Provider and a Subscriber with a Liquidated Damage and Exculpatory Provision is a legal contract that establishes the terms and conditions for the provision of internet services while also protecting both parties from potential breaches and damages. The Liquidated Damage provision determines the amount of compensation in case of a breach, while the Exculpatory Provision limits the liability of both parties for unforeseen circumstances.