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(as determined by TWC) as TWC deems appropriate to efficiently manage its network In the event that any TWC audit <br />reveals that Customer's usage of a Data Service exceeds Custorer's rights under the Master Agreement, Customer shall <br />pay TWC an amount equal to one and a half times the Service Charges that would have been due for such excessive <br />usage as liquidated damages and not as a penalty, In addition, Customer shall either discontinue any excess usage or <br />thereafter continue to pay the applicable Service Charges for such additional usage. In addition, TWC shall have the <br />right, but not the obligation, to: (i) review public content associated with the Data Services, including chat rooms, <br />bulletin boards and forams, in order to determine compliance with the Master Agreement and any rules now or hereafter <br />established by TWC; and (ii) remove (or demand the removal of) any such content that TWC determines to be <br />unacceptable or to violate the terms of the Master Agreement or any bandwidth utilization limitations. <br />• Each tier or level of Data Services has limits on the maximum throughput rate at which Customer may send and <br />receive data at any time and the maximum throughput rate may be achieved in bursts, but generally shall not be <br />sustained on a consistent basis. The throughput rate experienced by Customer at any time shall vary based on numerous <br />factors, including without limitation, the condition of Customer's inside wiring, computer configurations, Internet and <br />TWC network congestion, time of day and the accessed website servers, among other factors, <br />25B -28 <br />