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6.G. - Page 17 of 40
<br />and this agreement is incorporated by reference into any applicable Internet Services Order. If Provider is providing Internet
<br />Services to Customer, Customer represents and warrants that Customer has read the Subscriber Agreement and agrees to
<br />be bound by their terms as they may from time to time be amended, revised, replaced, supplemented or otherwise
<br />changed. Customer expressly understands and agrees that Provider may update or modify the Subscriber Agreement from
<br />time to time, with or without notice to Customer. Provider may discontinue or disconnect Internet Services immediately for
<br />any violation of the Provider Subscriber Agreement with or without notice to Customer. In the event any term or condition of
<br />an Order directly contradicts the Subscriber Agreement, the term or condition of the Order will control. In the event any term or
<br />condition of the Master Agreement directly contradicts the Subscriber Agreement, the term or condition of the Master Agreement will
<br />control.
<br />(B) Provider treats prlvate communications on or through its Network or using any Services as confidential and does not
<br />access, use or disclose the contents of private communications, except in limited circumstances and as permitted by law.
<br />Provider also maintains a Privacy Policy with respect to the Services In order to protect the privacy of its customers. The
<br />Privacy Policy can be found on Provider's website at www.astound.net (or the applicable successor URL). Customer
<br />represents and warrants that Customer has read the Privacy Policy and agrees to be bound by its terms. Customer expressly
<br />understands and agrees that the Privacy Policy may be updated or modified from time to time by Provider, with or without
<br />notice to Customer.
<br />(C) Customer shall not use or permit third parties to use the Services, including but not limited to the Equipment and
<br />software provided by Provider, for any illegal purpose, or to achieve unauthorized access to any computer systems,
<br />software, data, or other copyright or patent protected material. Customer shall not interfere with other customers' use of
<br />the Equipment or Services or disrupt the Provider Network, backbone, nodes or other Services. Violation of any part of this
<br />subsection 8.6(C) Is grounds for immediate termination of any Order in addition to any other rights or remedies Provider
<br />may have hereunder,
<br />8.7 Intellectual Property and Publicity. Nothing in the Agreement or its performance grants either party, by
<br />Implication, estoppel or otherwise, any right, title, interest or license in or to the other party's names, logos, logotypes,
<br />trade dress, designs, or other trademarks, patents, patent applications, trade secrets, copyrights, mask work rights or other
<br />Intellectual property rights of the other party or its affiliates.
<br />8.8 Confidential Information. "Confidential Information" means the specific terms of the Agreement and any
<br />information, data or other materials provided by one party to the other under or in connection with the Agreement that is
<br />(a) clearly and conspicuously marked as "confidential" or with a similar designation; (b) identified by the disclosing party as
<br />confidential and/or proprietary before, during or promptly after presentation or communication; or (c) disclosed in a
<br />manner which the disclosing party reasonably communicated, or the receiving party should reasonably have understood
<br />under the circumstances, that the disclosure should be treated as confidential, whether or not the specific designation
<br />"confidential" or any similar designation is used. Except with the prior written consent of the disclosing party, the receiving
<br />party shall not (i) use or disclose any Confidential Information other than to employees and contractors who have a need to
<br />know the Confidential Information, with any disclosure only to contractors who have signed a non -disclosure agreement to
<br />protect the confidential information of third parties, or (ii) make copies or allow others to make copies of such Confidential
<br />Information except as is reasonably necessary for internal business purposes. Nothing in the Agreement prohibits or limits
<br />either party's use or disclosure of information (a) previously known to It without obligation of confidence; (b) independently
<br />developed by or for it without use of or access to the other party's Confidential Information; (c) acquired by it from a third
<br />party which is not under an obligation of confidence with respect to such information; (d) which is or becomes publicly
<br />available through no breach of the Agreement; or (e) is required to be disclosed by operation of law, court order or other
<br />governmental demand. Further, the receiving party is free to use for any purpose the residuals resulting from access to or
<br />work with the Confidential Information of the disclosing party, provided that the receiving party shall not disclose the
<br />Confidential Information except as expressly permitted pursuant to the terms of the Agreement. The term "residuals"
<br />means information In intangible form, which is retained In unaided memory by persons who have had access to the
<br />Confidential Information, including ideas, concepts, know-how or techniques contained therein. The receiving party will not
<br />have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the
<br />use of residuals. The parties acknowledge and agree that breach of this section 8.8 may cause irreparable injury for which
<br />monetary damages are not an adequate remedy. Accordingly, each party may seek injunctive relief and any other available
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<br />ATTY/AG R/2013.176/ASTO U N D BROADBAND - MSA
<br />REV: 10-07-13 MLG
<br />2013 ASTOUND BROADBAND
<br />Proprietary and Confrdentfal
<br />141
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