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ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
<br /> TWC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, WILL
<br /> PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR
<br /> THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. IN ADDITION, CUSTOMER
<br /> ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE INTERNET MAY NOT BE SECURE. CUSTOMER
<br /> FURTHER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR
<br /> OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND
<br /> RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER
<br /> SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, DOWNLOADING OR OTHER TRANSMISSION
<br /> OF SUCH MATERIALS AND/OR DATA. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TWC'S
<br /> THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS AGREEMENT,
<br /> AND TWC DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS
<br /> AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
<br /> MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA
<br /> ACCURACY OR QUIET ENJOYMENT.
<br /> 12. LIMITATION OF LIABILITY. IN NO EVENT SHALL TWC BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY
<br /> FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR
<br /> RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER TWC HAD BEEN ADVISED OF THE POSSIBILITY OF
<br /> SUCH DAMAGES. THE AGGREGATE LIABILITY OF TWC TO CUSTOMER FOR ANY REASON AND ALL CAUSES OF
<br /> ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CONTRACT,
<br /> TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY) SHALL BE LIMITED TO THE FEES PAID BY
<br /> CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM ARISES.
<br /> IN NO EVENT SHALL TWC'S AFFILIATES,THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS HAVE ANY LIABILITY
<br /> TO CUSTOMER HEREUNDER. THIS SECTION 12 SHALL APPLY TO THE EXTENT ALLOWABLE UNDER NORTH
<br /> CAROLINA LAW.
<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
<br /> Communications Privacy Act. Personally identifiable information that may be collected, used or disclosed in accordance with
<br /> applicable laws is described in the Subscriber Privacy Notice provided by TWC in writing,which is incorporated herein by reference.
<br /> Customer acknowledges receipt of the Subscriber Privacy Notice. In addition to the foregoing, Customer hereby acknowledges and
<br /> agrees that TWC may disclose Customer's and its employees' personally identifiable information as required by law or regulation or
<br /> by the American Registry for Internet Numbers ("ARIN") or any similar agency. In addition to actions and disclosures specifically
<br /> authorized by law or statute or authorized elsewhere in this Agreement, TWC shall have the right (except where prohibited by law
<br /> notwithstanding Customer's consent), but not the obligation, to disclose any information: (i) to protect its rights, property and/or
<br /> operations, (ii) in response to a subpoena, court order or government request, or(iii) where circumstances suggest that individual or
<br /> public safety is in peril. Customer hereby consents to such actions or disclosures.
<br /> 14. FORCE MAJEURE. TWC shall have no liability to Customer hereunder due to circumstances beyond its control, including,
<br /> but not limited to, acts of God, terrorism, flood, fiber cuts, acts or omissions of other carriers, natural disaster, regulation or
<br /> governmental acts, fire, civil disturbance, strike, weather, any unauthorized access to or destruction or modification of the Service, in
<br /> whole or in part,any failure of heat,air conditioning,or power supply, or act or failure to act of Customer or any third party using the
<br /> Service.
<br /> 15. REGULATORY AND LEGAL CHANGES,POLE ATTACHMENT AND CONDUIT CHARGES,TARIFFS. In the event
<br /> of any change in applicable law,regulation, decision,rule or order, including without limitation any increase in universal service fees
<br /> or other government imposed charges,that increases the costs or other terms of delivery of Service to Customer,or,in the event of any
<br /> increase in pole attachment or conduit charges applicable to any facilities used in providing the Service, Customer acknowledges and
<br /> agrees that TWC may pass through to Customer any such increased costs,but only to the extent of the actual increase,provided TWC
<br /> notifies Customer at least thirty(30) days in advance of the increase. In such case, and if such increase materially increases the fees
<br /> due by Customer hereunder for the applicable Service, Customer may, within thirty (30) days after notification of such increase,
<br /> terminate the affected Service without incurring termination liability, provided Customer notifies TWC at least fifteen (15) days in
<br /> advance of the Customer's requested termination date.Further, in the event that TWC is required to file tariffs or rate schedules with a
<br /> regulatory agency or otherwise publish rates in accordance with regulatory agency rules or policies respecting the delivery of the
<br /> Service or any portion thereof, and under applicable law, TWC is required to apply those rates to Customer's purchase of Service
<br /> under this Agreement,then the terms set forth in the applicable tariff or rate schedule shall govern TWC's delivery of,and Customer's
<br /> consumption or use of, the Service. Customer may terminate upon thirty (30) days written notice to TWC and without liability any
<br /> Service Order affected by such tariff if such tariff materially increases the fees due by Customer thereunder. In addition, if TWC
<br /> determines that offering or providing the Service, or any part thereof, has become impracticable for legal or regulatory reasons or
<br /> circumstances, then TWC may terminate this Agreement as to any or all of the Service, and may terminate any affected Service
<br /> Orders, without liability by giving Customer thirty(30) days prior written notice (ninety (90) days if during the Initial Term) or any
<br /> such shorter notice as is required by law or regulation applicable to such determination.
<br /> TWC BUSINESS CLASS PROPRIETARY&CONFIDENTIAL
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