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<br /> circumstances that are beyond Visions Internet's reasonable control, Vision Internet assumes no
<br /> responsibility for any damages suffered by the Client, including,but not limited to, server down time, loss
<br /> of data, loss of business, mis-deliveries, delays, non-deliveries, access speed, service interruptions of any
<br /> kind,or to third-party applications and software used by Client. Except for Indemnification obligations set
<br /> forth in Section 6 of this Agreement,in no event,at any time, shall the aggregate liability of Vision Internet
<br /> exceed the amount of fees paid by Client to Vision Internet.
<br /> (iv) Without limiting any express provisions provided elsewhere in the Agreement,
<br /> except for Indemnification obligations set forth in Section 6 of this Agreement,neither party will be liable
<br /> for any damages for lost profits, lost revenues,loss of goodwill, loss of anticipated savings, loss of data,or
<br /> any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the
<br /> performance or failure to perform under the Agreement,even if the party has been advised,knew or should
<br /> have known of the possibility of such damages.
<br /> (v) The Client acknowledges that the information available through the Internet may
<br /> not be accurate. Vision Internet has no ability or authority over the material. In addition, Vision Internet
<br /> has no liability for the quality,accuracy,or validity of the data/information delivered over the Internet. Use
<br /> of information gathered through the use of Vision Internet services is at the risk of the Client.
<br /> (b) Domain Name and Secure Digital Certificate
<br /> If agreed to under this Agreement, Vision Internet will apply for a custom domain name of the Client's
<br /> choosing.Vision Internet cannot guarantee the availability of any particular name. Client is responsible for
<br /> all fees charged by the registrar(i.e. Verisign or Dotster) including setup and renewal fees. Client shall be
<br /> responsible for all licensing fees, if any, including but not limited to secure digital certificate renewal fees.
<br /> Vision Internet shall not be responsible for maintaining or renewing domain names, digital certificates, or
<br /> any other third party registrations.
<br /> 6. Indemnification
<br /> (a) Hold Harmless. Vision Internet shall,to the fullest extent allowed by law,with respect to
<br /> all services performed in connection with this Agreement, defend with counsel acceptable to Client,
<br /> indemnify, and hold Client,its officers,employees,agents,and volunteers("Indemnitees"),harmless from
<br /> and against any and all claims that arise out of,pertain to,or relate to the negligence,recklessness,or willful
<br /> misconduct of the Vision Internet, subcontractor,or anyone directly or indirectly employed by any of them
<br /> or anyone for whose acts any of them may be liable("Claims"). Vision Internet will bear all losses, costs,
<br /> damages,expense and liability of every kind,nature and description,including attorneys' fees,experts fees,
<br /> court costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or
<br /> indirectly("Liability"). Such obligations to defend,hold harmless and indemnify the Client shall not apply
<br /> to the extent that such Liability is caused by the sole negligence or willful misconduct of the Client.
<br /> With respect to third party claims against the Vision Internet,the Vision Internet waives any and all rights
<br /> of any type of express or implied indemnity against the Indemnitees.
<br /> However, notwithstanding the foregoing, in accordance with California Civil Code Section 1668, nothing
<br /> in this Agreement shall be construed to exempt the Client from its own fraud, willful injury to the person
<br /> or property of another, or violation of law.
<br /> Furthermore, notwithstanding the forgoing, to the extent this Agreement is a construction contract" as
<br /> defined by California Civil Code section 2783,as may be amended from time to time,such duties of Vision
<br /> ATTY/AGR/2014.177/VISIONLIVE TM SUBSCRIPTION SERVICES AGR
<br /> REV:09-16-14 GK&PT
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