|
DocuSign Envelope ID:46FB6A5F-14C8-47E7-916B-01A68856DE44
<br /> 10, INDEMNIFICATION. To the extent permitted by applicable law and Customer's insurance policies,Customer agrees to
<br /> defend,indemnify and hold harmless TWC,its affiliates,its service providers and suppliers and theirrespective officers,directors,
<br /> employees and agents,from and against all claims,liabilities,damages and expenses,including attorneys'and other professionals'
<br /> fees,arising out of or relating to(!)the use of the Service,including but not limited to a breach of Section 4herein;or(if)personal
<br /> injury or property damage caused by the gross negligence or willful misconduct of Customer or its employees or agents, TWC
<br /> agrees to defend,indemnify and hold harmless Customer,its employees,officers and agents fromand against all claims,liabilities,
<br /> damages and expenses,including attorneys'and other professionals'fees,arising out of orrelating to personal Injury or property
<br /> damage caused by the gross negligence or willful misconduct of TWC or its employees or agents,
<br /> 11, DISCLAIMER OF WARRANTY, CUSTOMERASSUMES TOTAL RESPONSIBI,ITYFORUSE OF THE SERVICE
<br /> AND THE INTERNET AND ACCESSES THE SAME AT ITS OWNRISK, TWC EXERCISES NO CONTROL OVER AND
<br /> HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED ORACCESSIBLE THROUGH THE j
<br /> SERVICE OR THE INTERNET OR ACTIONS TAKEN ON THE INTERNET AND TWC EXPRESSLY DISCLAIMS ANY #
<br /> RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE
<br /> SERVICE AND RELATED EQUIPMENT AND/OR OTHERMATERIALS USED IN CONNECTION WITH THE SERVICE,
<br /> IF ANY,ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND,EITHEREXPRESS OR IMPLIED,INCLUDING-BUT
<br /> NOT LIMITED TO WARRANTIES OF TITLE,NONINFRINGEMENT,SYSTEM INTEGRATION,DATA ACCURACY,
<br /> QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NO ADVICE OR
<br /> INFORMATION GIVEN BY TWC,ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
<br /> SHALL CREATE ANY WARRANTY, TWC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET
<br /> CUSTOMER'S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY T141RD PARTIES, WILL BE
<br /> UNINTERRUPTED,SECURE OR ERRORFREE OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED
<br /> AT ANY TIME, IN ADDITION,CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE
<br /> INTERNET MAYNOT BE SECURE, CUSTOMERFURTHERACKNOWLEDGES AND AGREES THAT ANY MATERIAL
<br /> AND/OR DATAUPLOADED,DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TEE SERVICE IS
<br /> DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE
<br /> FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
<br /> UPLOADING,DOWNLOADING OR OTHER TRANSMISSION OF SUCH MATERIALS AND/ORDATA, IN ADDITION,
<br /> CUSTOMER ACKNOWLEDGES AND AGREES THAT TWC'S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE
<br /> ANY WARRANTIES TO CUSTOMER-UNDER THIS AGREEMENT,AND TWC DOES NOT MADE ANY WARRANTIES
<br /> ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS AGREEMENT,EXPRESS ORIMPLIED,INCLUDING,BUT
<br /> NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR APARTICULAR PURPOSE,
<br /> NON-INFRINGEMENT,SYSTEM INTEGRATION,DATA ACCURACY OR QUIET ENJOYMENT,
<br /> 12, LIMITATION OF LIABILITY, IN NO EVENT SHALL TWC BE LIABLE TO CUSTOMER OR TO ANY THIRD r
<br /> PARTY FORANY INCIDENTAL,INDIRECT,CONSEQUENTIAL,SPECIAL ORPUNITIVE DAMAGES ARISING OUT
<br /> OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER TWC HAD BEEN ADVISED OF THE
<br /> POSSIBILITY OF SUCH DAMAGES, THE AGGREGATE LIABILITY OF TWC TO CUSTOMERFORANY REASONAND
<br /> ALL CAUSES OF ACTION ARISING OUT OF ORRELATING TO THIS AGREEMENT(INCLUDING,BUT NOT LIMITED
<br /> TO,CONTRACT,TORT(INCLUDING NEGLIGENCE)AND STRICT PRODUCT LIABILITY)SHALL BE LIMITED TO
<br /> THE FEES PAID BY CUSTOMERUNDERTHIS AGREEMENT IN THE TWELVE(12)MONTHS PRECEDING THE DATE
<br /> THE CLAIM ARISES, IN NO EVENT SHALL TWC'S AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR
<br /> SUPPLIERS HAVE ANY LIABILITY TO CUSTOMER HEREUNDER, THIS SECTION 12 SHALL APPLY TO THE
<br /> EXTENT ALLOWABLE UNDER NORTH CAROLINA LAW,
<br /> 13, NOTIFICATIONS, Customer's privacy interests,including Customer's abilityto limit disclosure of certain information to
<br /> third 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
<br /> reference, Customer acknowledges receipt of the Subscriber Privacy Notice, In addition to the foregoing, Customer hereby
<br /> acknowledges and agrees that TWC may disclose Customer's and its employees'personally identifiable information as required by
<br /> law or regulation or by the American Registry for InternetNumbers("AKIN")or any similar agency, In addition to actions and
<br /> disclosures specifically authorized by law or statrite or authorized elsewhere in this Agreement,TWC shall have therlght(except
<br /> where prohibited by lawnotwithstanding Customer's consent),butnotthe obligation,to disclose any information;(1)to protectits
<br /> rights,property and/or operations,(ii)in response to a subpoena,court order or govenunentrequest,or(III)where circumstances
<br /> suggest that individual or public safety is in peril, Customer hereby consents to such actions or disclosures,
<br /> 14, FORCE MAJEURK TWC shall have no liability to Customer hereunder due to circumstances beyond its control,
<br /> including,but not limited to,acts of God,terrorism,flood,fiber cuts,acts or omissions ofother carriers,natural disaster,regulation
<br /> TWC BUSINESS CLASS PROPRIETARY&CONFIDENTIAL 4
<br />
|