9. Limitation of Liability
9.1 You subscribe to and use the ADSL Service at your own risk.
9.2 We are not liable to you or any third party for, and you hold us harmless and indemnify us against, any damages suffered by you or a third party howsoever arising from your Subscription to or use of the ADSL Service, including (without limitation) any damages suffered by you due to:-
9.2.1 any interruption of or error in the ADSL Service; or
9.2.2 our failure to fulfill our obligations as a result of uncontrollable events, including without limitation upstream provider’s neglect, failure or refusal to make, or to continue to make, the ADSL line available to us.
9.3 In this clause 9:
9.3.1 damages means all damages of whatsoever nature and includes (without limitation) all damages, loss, claims or costs, including (without limitation) loss of data, profits or custom, or loss of current or future business whether in contract, delict or otherwise, direct, indirect, special or consequential, foreseeable or not and we were advised of the damages in advance or not; and
9.3.2 uncontrollable events means any circumstances beyond our reasonable control, including without limitation, an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party’ including without limitation, Telkom.