Fraud Policy

Customer is solely responsible for fraudulent calls or data transmitted utilizing the Services. Customer is solely responsible for selection, implementation and maintenance of security features for protection of data circuits and IP Addresses and against unauthorized calling, and SIMPLICITY shall have no liability therefor. Customer is solely responsible for payment of all long distance, toll and other telecommunications charges incurred through use of the Services being provided hereunder regardless of whether such use was intended or authorized by Customer. Customer shall defend, indemnify and hold harmless SIMPLICITY from and against all costs, expenses, claims or actions arising from fraudulent use of data circuits, IP Addresses or fraudulent calls of any nature carried by means of the Services. Customer shall not be excused from paying SIMPLICITY for Services provided to Customer or any portion thereof on the basis that fraudulent calls comprised a corresponding portion of the Services. In the event SIMPLICITY discovers fraudulent use of IP Addresses or fraudulent calls being made, nothing contained herein shall prohibit SIMPLICITY from taking immediate action, without notice to Customer, that is reasonably necessary to prevent such calls from taking place. Notwithstanding the foregoing, it is understood that SIMPLICITY is under no obligation to investigate the authenticity of calls charged to Customer's account and shall not be liable for any fraudulent calls processed by SIMPLICITY and billed to Customer's account.