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CONTENT OR ACTIONS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN,THE SERVICE AND RELATED EQUIPMENT
<br /> AND/OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICE, IF ANY, ARE PROVIDED WITHOUT
<br /> WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
<br /> NONINFRINGEMENT,SYSTEM INTEGRATION,DATA ACCURACY,QUIET ENJOYMENT,MERCHANTABILITY OR FITNESS
<br /> FOR A PARTICULAR PURPOSE.NO ADVICE OR INFORMATION GIVEN BY TWC,ITS AFFILIATES OR ITS CONTRACTORS
<br /> OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. TWC DOES NOT REPRESENT OR WARRANT
<br /> THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS,WILL PREVENT UNAUTHORIZED ACCESS BY THIRD
<br /> PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS
<br /> GUARANTEED AT ANY TIME. IN ADDITION,CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER
<br /> THE INTERNET MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL
<br /> AND/OR DATA UPLOADED,DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
<br /> AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY
<br /> DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING,
<br /> DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER
<br /> ACKNOWLEDGES AND AGREES THAT TWC'S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO
<br /> CUSTOMER UNDER THIS AGREEMENT,AND TWC DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE
<br /> PROVIDERS UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
<br /> WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM
<br /> INTEGRATION,DATA ACCURACY OR QUIET ENJOYMENT.
<br /> 12. LIMITATION OF LIABILITY. IN NO EVENT SHALL TWC BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR
<br /> ANY INCIDENTAL,INDIRECT,CONSEQUENTIAL,SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO
<br /> THIS AGREEMENT,REGARDLESS OF WHETHER TWC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br /> THE AGGREGATE LIABILITY OF TWC TO CUSTOMER FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF
<br /> OR RELATING TO THIS AGREEMENT(INCLUDING,BUT NOT LIMITED TO,CONTRACT,TORT(INCLUDING NEGLIGENCE)
<br /> AND STRICT PRODUCT LIABILITY)SHALL BE LIMITED TO THE FEES PAID BY CUSTOMER UNDER THIS AGREEMENT IN
<br /> THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM ARISES. IN NO EVENT SHALL TWC'S AFFILIATES,
<br /> THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS HAVE ANY LIABILITY TO CUSTOMER HEREUNDER.
<br /> 13. NOTIFICATIONS. Customer's privacy interests, including Customer's ability to limit disclosure of certain information to third
<br /> parties,are addressed by,among other laws,the Federal Cable Communications Act(the"Cable Act")and the Electronic Communications
<br /> Privacy Act. Personally identifiable information that may be collected,used or disclosed in accordance with applicable laws is described in
<br /> the Subscriber Privacy Notice provided by TWC in writing,which is incorporated herein by reference. Customer acknowledges receipt of
<br /> the Subscriber Privacy Notice. In addition to the foregoing,Customer hereby acknowledges and agrees that TWC may disclose Customer's
<br /> and its employees'personally identifiable information as required by law or regulation or by the American Registry for Internet Numbers
<br /> ("ARIN")or any similar agency. In addition to actions and disclosures specifically authorized by law or statute or authorized elsewhere in
<br /> this Agreement,TWC shall have the right(except where prohibited by law notwithstanding Customer's consent),but not the obligation,to
<br /> disclose any information: (i)to protect its rights,property and/or operations,(ii)in response to a subpoena,court order or government
<br /> request, or (iii) where circumstances suggest that individual or public safety is in peril. Customer hereby consents to such actions or
<br /> disclosures.
<br /> 14. FORCE MAJEURE. TWC shall have no liability to Customer hereunder due to circumstances beyond its control,including,but not
<br /> limited to,acts of God,terrorism,flood,fiber cuts,acts or omissions of other carriers,natural disaster,regulation or governmental acts,fire,
<br /> civil disturbance,strike,weather,any unauthorized access to or destruction or modification of the Service,in whole or in part,any failure of
<br /> heat,air conditioning,or power supply,or act or failure to act of Customer or any third party using the Service.
<br /> 15. REGULATORY AND LEGAL CHANGES,POLE ATTACHMENT AND CONDUIT CHARGES,TARIFFS. In the event of
<br /> any change in applicable law,regulation,decision,rule or order,including without limitation any increase in universal service fees or other
<br /> government imposed charges,that increases the costs or other terms of delivery of Service to Customer,or,in the event of any increase in
<br /> pole attachment or conduit charges applicable to any facilities used in providing the Service,Customer acknowledges and agrees that TWC
<br /> may pass through to Customer any such increased costs,but only to the extent of the actual increase,provided TWC notifies Customer at
<br /> least thirty(30)days in advance of the increase. In such case,and if such increase materially increases the fees due by Customer hereunder
<br /> for the applicable Service,Customer may,within thirty(30)days after notification of such increase,terminate the affected Service without
<br /> incurring termination liability, provided Customer notifies TWC at least fifteen (15) days in advance of the Customer's requested
<br /> termination date.Further,in the event that TWC is required to file tariffs or rate schedules with a regulatory agency or otherwise publish
<br /> rates in accordance with regulatory agency rules or policies respecting the delivery of the Service or any portion thereof, and under
<br /> applicable law,TWC is required to apply those rates to Customer's purchase of Service under this Agreement,then the terms set forth in the
<br /> applicable tariff or rate schedule shall govern TWC's delivery of, and Customer's consumption or use of,the Service. Customer may
<br /> terminate upon thirty(30)days written notice to TWC and without liability any Service Order affected by such tariff if such tariffmaterially
<br /> increases the fees due by Customer thereunder. In addition,if TWC determines that offering or providing the Service,or any part thereof,
<br /> has become impracticable for legal or regulatory reasons or circumstances,then TWC may terminate this Agreement as to any or all of the
<br /> TWC BUSINESS CLASS PROPRIETARY&CONFIDENTIAL
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