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6.G. - Page 6 of 40
<br />not endorse any opinions or information accessed through
<br />any Services, and assumes no responsibility for content.
<br />Provider specifically disclaims any responsibility for the
<br />accuracy or quality of the information obtained using the
<br />Services. Such content or programs may include, without
<br />limitation, programs or content of an infringing, abusive,
<br />profane or sexually offensive nature. Customer and
<br />authorized users accessing other parties' content through
<br />Customer's facilities do so at Customer's own risk, and
<br />Provider assumes no liability whatsoever for any claims,
<br />losses, actions, damages, suits or proceedings arising out of
<br />or otherwise relating to such content.
<br />(b) Customer agrees that Customer uses the
<br />Services and Equipment supplied by Provider at its sole risk.
<br />Provider does not manufacture the Equipment, and the
<br />Services and Equipment are provided on an "as is basis"
<br />without warranties of any kind.
<br />(c) Provider assumes no responsibility whatsoever
<br />for any damage to or loss or destruction of any of Customer's
<br />hardware, software, files, data or peripherals which may
<br />result from Customer's use of any Services or from the
<br />installation, maintenance or removal of any Services,
<br />Network, or related Equipment or software. Provider does
<br />not warrant that data or files sent by or to Customer will be
<br />transmitted in uncorrupted form or within a reasonable
<br />period of time.
<br />(d) Customer is responsible for the installation,
<br />repair and use of Customer -supplied third -party hardware
<br />and/or software. Provider does not support third -party
<br />hardware or software supplied by Customer. Any questions
<br />concerning third -party hardware or software should be
<br />directed to the provider of that product. Provider assumes no
<br />liability or responsibility for the installation, maintenance,
<br />compatibility or performance of third -party software, any
<br />Customer -supplied hardware or software with the Services. If
<br />such third -party equipment or software impairs the Services,
<br />Customer will remain liable for payments as agreed (if any)
<br />without recourse for credit or prorated refund for the period
<br />of impairment. Provider has no responsibility to resolve any
<br />difficulties caused by such third -party equipment or software.
<br />If, at Customer's request, Provider attempts to resolve
<br />difficulties caused by such third -party equipment or software,
<br />such efforts will be performed at Provider's discretion and at
<br />Provider's then -current commercial rates and terms.
<br />(e) If Customer chooses to run or offer access to
<br />applications from its equipment that permits others to gain
<br />access through the Network, Customer must take appropriate
<br />security measures. Failing to do so may cause immediate
<br />termination of the Services and this Order by Provider
<br />without Provider incurring liability. Provider is not responsible
<br />for and assumes no liability for any damages resulting from
<br />ATTY/AGR/2013.177/ASTOUN D - INTERNET ORDER
<br />REV: 10.07.13 MLG
<br />2013 ASTOUND BROADBAND
<br />Proprietary and Confidential
<br />the use of such applications, and Customer shall hold
<br />Provider harmless from and indemnify Provider against any
<br />claims, losses, or damages arising from such use. Provider is
<br />not responsible and assumes no liability for losses, claims,
<br />damages, expenses, liability, or costs resulting from others
<br />accessing the Customer's computers, its internal network
<br />and/or the Network through Customer's equipment, and
<br />Customer shall hold Provider harmless from and indemnify
<br />Provider against any such claims, losses, or damages to the
<br />full extent arising from such access.
<br />6 General Customer Representations and Obligations.
<br />In addition to any representations and obligations in the
<br />Master Agreement, Customer is responsible for all access to
<br />and use of the Services by means of Customer's equipment,
<br />whether or not Customer has knowledge of or authorizes
<br />such access or use. Customer will be solely liable and
<br />responsible for all charges incurred and all conduct through
<br />either authorized or unauthorized use of the Services, until
<br />Customer informs Provider of any breach of security. Provider
<br />expressly prohibits using the Services for the posting or
<br />transferring of sexually explicit images, material
<br />inappropriate for minors, or other offensive materials. By
<br />signing below, Customer expressly acknowledges that
<br />Customer shall not post or transfer or permit others to post
<br />or transfer such materials using the Services, except where
<br />Customer is required to post or transfer images or materials
<br />due to law enforcement activities, investigations of
<br />misconduct, or other necessary governmental purposes.
<br />This Order will become effective when all parties have signed
<br />it. The date this Order is signed by the last party to sign it (as
<br />indicated by the date associated with that party's signature)
<br />will be deemed the date of this Order.
<br />CUSTOMER:
<br />Cit} of Red►vood City,
<br />I -W Middlefield Roo
<br />)*di1j4d City, C,, 4063
<br />A
<br />Silvia j#AcOKen, City Clerk
<br />ASTZVND BROADBAND- LLC
<br />By:
<br />Name
<br />1
<br />Title:GG�••'L'-
<br />Date: -ZA 2Qi
<br />3
<br />130
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