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<br />6 <br /> <br />www.viriciti.com <br />6. LIABILITY AND ACCEPTABLE USE POLICY <br />6.1 ViriCiti shall not be liable for any Defects, Incidents, or lack of Uptime due to denial of service <br />attacks, network floods and hacking not being controllable by reasonable measures taken by <br />ViriCiti. In these circumstances, ViriCiti will use commercially reasonable endeavors to resolve <br />any issues caused by such an event. <br />6.2 The service credits shall constitute Client’s full and final settlement for any damages or losses <br />incurred as a result of the lower than agreed Uptime percentage or lack of timely or adequate <br />solution. If a lack of Uptime coincides with a lack of a timely solution or with another event that <br />results in a right of Client to receive a service credit, Client shall only be entitled to the service <br />credit that represents the highest amount. <br /> <br />7. TERMS AND CONDITIONS <br />7.1 ViriCiti’s Terms and Conditions are applicable to this agreement. Insofar terms from the Terms <br />and Conditions contradict to terms in this agreement, the respective terms from this <br />agreement shall prevail. <br />7.2 Terms and conditions of Client are not applicable.