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 Oklahoma Service Agreement between an Internet Service Provider (ISP) and a subscriber is an important legal document that outlines the rights and responsibilities of both parties in the provision and use of internet services. This agreement includes a Liquidated Damage and Exculpatory Provision, which specifies the predetermined amount of damages that will be payable in case of a breach of contract by either party and may also relieve one or both parties from certain liabilities. The Liquidated Damage provision sets out the specific amount of damages that will be paid by the defaulting party in the event of a breach of the agreement. It serves as a pre-estimated measure of compensation for the non-breaching party, eliminating the need for costly litigation to determine the actual loss suffered. This provision provides a level of security to both parties and encourages compliance with the terms of the agreement. The Exculpatory Provision, on the other hand, aims to release one or both parties from certain liabilities or legal responsibilities. It typically includes language that limits the liability of the ISP, protecting them from claims related to service interruptions, network outages, or other technical issues beyond their control. This provision serves as a means to manage risk by establishing the boundaries of responsibility for both parties in an ISP-subscriber relationship. It is worth noting that there can be different types of Oklahoma Service Agreements between an ISP and a subscriber with a Liquidated Damage and Exculpatory Provision. These may include residential service agreements, business service agreements, or specialized plans for specific types of users (e.g., heavy data users, commercial subscribers). The terms and conditions, pricing, and service level commitments can vary among these different types of agreements, tailored to meet the specific needs of the subscriber and the nature of their internet usage. In conclusion, the Oklahoma Service Agreement between an ISP and a subscriber with a Liquidated Damage and Exculpatory Provision is a legally binding contract that establishes the rights and obligations of both parties in relation to internet services. The Liquidated Damage provision determines the predetermined amount of damages in case of breach, while the Exculpatory Provision seeks to limit liabilities for certain events. The specific terms and conditions may vary for different types of agreements based on the subscribers' needs and the nature of their internet usage.
