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.
The Nebraska Service Agreement between an Internet Service Provider (ISP) and a subscriber is a legally binding contract that outlines the terms and conditions of the internet service being provided. This agreement typically includes a Liquidated Damage and Exculpatory Provision, which helps protect the rights and interests of both parties. The Liquidated Damage provision refers to a predetermined amount of money that the subscriber agrees to pay the ISP in case of a breach or violation of the agreement terms. This provision serves as a measure to estimate the damages caused by the breach, as calculating actual damages can sometimes be difficult or impractical. By agreeing to pay this predetermined amount, the subscriber acknowledges and assumes responsibility for any harm caused by their actions. On the other hand, the Exculpatory Provision aims to limit the liability of the ISP in case of any issues or damages arising from the provision of internet services. This provision states that the ISP shall not be held responsible for any losses or damages incurred by the subscriber, including but not limited to loss of data, interruption of service, or any other related incidents. By signing the agreement, the subscriber acknowledges this limitation of liability and exempts the ISP from any potential claims or lawsuits arising from service-related issues. It is worth noting that there may be variations or different types of Nebraska Service Agreements between an ISP and a subscriber that incorporate Liquidated Damage and Exculpatory Provisions. These variations could be tailored to specific circumstances or the preferences of the parties involved. Some versions may have higher or lower liquidated damages depending on the severity of the potential breaches, while others may have different exculpatory provisions outlining the specific limitations of liability. Regardless of the specific type, the main purpose of these provisions is to ensure that both the ISP and the subscriber have a clear understanding of their rights, responsibilities, and potential consequences in the event of a breach or service-related issues. These provisions help establish a fair and mutually beneficial agreement between the parties, promoting transparency, accountability, and legal compliance.
