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CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND
<br />WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
<br />SERVICE 1S DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY
<br />RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S OR ANY END USER'S CPE (WHETHER COMPUTER SYSTEM OR
<br />OTHER EQUIPMENT) OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER'S
<br />OR ANY END USER'S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING,
<br />UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC.
<br />IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM'S THIRD PARTY SERVICE PROVIDERS DO
<br />NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SERVICE AGREEMENT, AND SPECTRUM DOES NOT MAKE
<br />ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICE AGREEMENT, EXPRESS OR
<br />IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT,
<br />TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.
<br />(b) Limited Warranty. At all times during the Service Period, Spectrum warrants that It will use commercially reasonable efforts in
<br />keeping with industry standards to cause the Services to be available to Customer.
<br />THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS AND IMPLIED WARRANTIES
<br />WHATSOEVER.
<br />WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS SERVICE AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO
<br />THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL RELIANCE OR PUNITIVE
<br />DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS
<br />SERVICE AGREEMENT OR THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS
<br />AND/OR FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE,
<br />EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
<br />THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER'S PAYMENT OR
<br />INDEMNIFICATION OBLIGATIONS UNDER THIS SERVICE AGREEMENT. SPECTRUM'S MAXIMUM LIABILITY TO
<br />CUSTOMER WITH REGARD TO ANY SERVICE SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR
<br />PAYABLE BY CUSTOMER TO SPECTRUM FOR THE APPLICABLE SERVICE IN THE TWELVE MONTHS IMMEDIATELY
<br />PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
<br />THE FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING BREACH OF
<br />CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
<br />SPECTRUM SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE
<br />UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER EMERGENCY SERVICES,
<br />THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE
<br />PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER -PROVIDED EQUIPMENT, FACILITIES OR SERVICES.
<br />Any warranty claim by Customer must be made within 90 days after the applicable Services have been performed. Spectrum's
<br />sole obligation and Customer's sole remedy, with respect to any breach of the limited warranty set forth herein, shall be a. prorated
<br />refund of the fees paid by Customer based on the period of time when the Services are out of compliance with this limited
<br />warranty provision.
<br />(c) Conant. Any content that Customer may access or transmit through any Service is provided by Independent contentproviders,
<br />over which Spectrum does not exercise and disclaims any control. Spectrum neither previews content nor exercises editorial
<br />control; does not endorse any opinions or information accessed through any Service: and assumes no responsibility for content.
<br />Spectrum specifically disclaims any responsibility for the accuracy or quality of the information obtained using the Service. Such
<br />content or programs may Include programs or content of an Infringing, abusive, profane or sexually offensive nature. Customer
<br />and its authorized users accessing other parties' content through Customers facilities do so at Customer's own risk, and
<br />Spectrum assumes no liability whatsoever for any claims, losses, actions, damages.suits or proceedings arising out of or
<br />otherwise relating to such content.
<br />(d) Damage Loss or Destruction of Software Files and/or Data. Customer uses the Services and Equipment supplied by Spectrum at
<br />its sole risk. Spectrum does not manufacture the Equipment, and the Services and Equipment are provided on an "as Is, with all
<br />faults basis" without warranties of any kind. Spectrum assumes no responsibility whatsoever for any damage to or loss or
<br />destruction of any of Customers hardware, software, files, data or peripherals which may result from Customers use of any
<br />Service. Spectrum does not warrant thatdata or files sent by or to Customer will be transmitted in uncorrupted form or within a
<br />reasonable period of time.
<br />(e) Unauthorized Access. If Customer chooses to run or offer access to applications from its equipment that permits others to gain
<br />access through the Network, Customer must take appropriate security measures. Failing to do so may cause Immediate
<br />Termination of Customers Service by Spectrum without liability for Spectrum. Spectrum is not responsible for and assumes no
<br />liability for any damages resulting from the use of such applications, and Customer shall defend, hold harmless, and indemnify the
<br />Spectrum Indemnified Parties (defined hereafter) from and against any claims, losses, or damages arising from such use.
<br />Spectrum is not responsible and assumes no liability for losses, claims, damages, expenses, liability,. or costs resulting from
<br />others accessing Customers computers, Its Internal network andlor the Network through Customers equipment.
<br />(f) Force Maleurg Event. Neither Party shall be liable to the other for any delay, inconvenience, loss, liability or damage resulting
<br />from any failure or interruption of Services, directly or indirectly caused by circumstances beyond such Party's control, including
<br />Commercial Bulk Services Agreement v.161213 CONFIDENTIAL Page a of 31
<br />02016 Charter Communications, All Rights Reserved.
<br />Lynne P. Betl
<br />E -signed 2017.12-0711:02PM PST
<br />tynne.bell@charter.com
<br />Document Integrity Verified Adobe silo
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