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25B - AGMT - INTERNET SRVS
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12/01/2015
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25B - AGMT - INTERNET SRVS
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Last modified
11/25/2015 3:26:29 PM
Creation date
11/25/2015 2:34:30 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25B
Date
12/1/2015
Destruction Year
2020
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GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE MASTER AGREEMENT, TWC DOES NOT <br />WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY TWC SHALL PERFORM AT A <br />PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER <br />ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. <br />CUSTOMER FURTHER ACKNOWLEDGES AND AGREES TIIAT ANY DATA, MATERIAL OR TRAFFIC OF <br />ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED <br />THROUGH THE USE OF THB SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND <br />THAT CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S OR AN END <br />USER'S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH <br />DATA, MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CUSTOMER'S OR ITS END USERS' <br />USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER'S OR END USERS' SENDING OR <br />RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, <br />MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TWC'S <br />THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THE <br />MASTER AGREEMENT AND TWC DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCK SERVICE <br />PROVIDERS UNDER THE MASTER AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT <br />LIMITED TO THE LMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR <br />A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT, <br />14.0 LIMITATION OF LIABILITY <br />IN NO EVENT SHALL TWC BE LIABLE TO CUSTOMER, AN END USER OR ANY THIRD PARTY FOR ANY <br />INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR <br />RELATING TO THE MASTER AGREEMENT, REGARDLESS OF WHETHER TWC IIAD BEEN ADVISED OF <br />THE POSSIBILITY OF SUCH DAMAGES. TWO'S AGGREGATE LIABILITY FOR ANY REASON AND ALL <br />CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE MASTER AGREEMENT (INCLUDING, BUT <br />NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY)) <br />SHALL BE LIMITED TO THE FEES PAID OR OWED BY CUSTOMER. UNDER TIIE SERVICE ORDER THAT <br />IS THE SUBJECT MATTER OF TILE CLAIM IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM <br />ARISES. IN NO EVENT SHALL TWC'S AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS <br />HAVE ANY LIABILITY TO CUSTOMER UNDER THE MASTER AGREEMENT. TWC SHALL NOT BE <br />RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF <br />THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR OTHER EMERGENCY SERVICES, THE <br />INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING <br />SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER - PROVIDED .EQUIPMENT, <br />FACILITIES OR SERVICES. <br />15.0 DISCLOSURE OF CUSTOMER INFORMATION <br />Customer's Privacy interests, including Customer's ability to limit disclosure of certain infomration to third parties, <br />may be addressed by, among other laws, the Federal Telecornm nications Act (the "Telecommunications Act "), the <br />Federal Cable Communications Act (the "Cable Act "), the Electronic Communications Privacy Act, and, to the extent <br />25B -16 <br />
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