29 - Internet Services Agreement

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incompatibility of any such Customer -provided items, Customer will remain liable for all fees and charges under this Master Agreement. The fact that Vyve leases, sells, requires or approves a cable modem, computer, operating system or other item for use in the Service does not make Vyve responsible if it has defects or problems. Notwithstanding any contrary provision set forth in this Master Agreement, equipment and services on Customer's side of the demarcation points, as well as any Purchased Equipment and Customer -provided equipment, are the sole responsibility of Customer. Customer alone shall be responsible for providing maintenance, repair, operation and placement of all inside telephone wiring and equipment and facilities on Customer's side of the cable modem, route and/or coaxial input connection, all Purchased Equipment and all other Customer -provided equipment. Customer shall be responsible for the payment of all charges for troubleshooting, maintenance or repairs attempted or performed the Vyve's employees or authorized contractors when the difficulty or trouble report results from Purchased Equipment or Customer -provided Equipment. Vyve shall not be responsible to Customer if changes in any of the facilities, operations or procedures of Vyve utilized in the provision of Service render any Purchased Equipment or Customer -provided Equipment obsolete or require modification or alteration of such equipment or otherwise affects its use or performance. c. Maintenance & Sup -sort. Vyve shall provide a telephone number on the applicable Service Order for inquiries and remote problem support for the Service. All such Customer support shall be provided only to Customer's designated personnel, as mutually agreed upon by Vyve and Customer. Customer is responsible for all communications and interfaces with its End Users. In no event shall Vyve be responsible for providing support for any network, equipment or software not provided and installed by Vyve under this Master Agreement or for issues or problems beyond its control. Notwithstanding anything to the contrary in the foregoing, Vyve shall use commercially reasonable efforts to restore any cable cuts on the Vyve network and shall keep Customer reasonably advised of such restoration progress. Customer agrees to provide routine operational Service support for Vyve Equipment and Service components collocated at Customer's or any End User's facility, including without limitation by performing reboots, as requested by Vyve. If Vyve responds to a service call initiated by Customer, and Vyve reasonably determines that the cause of the problem is not due to Vyve's Network, but is due to Customer's equipment or facilities, or a third party, Customer must compensate Vyve for the service call at Vyve's then prevailing rates. 6. CUSTOMER OBLIGATIONS Customer's use of the Service (including all content transmitted via the Service) and Vyve Equipment shall comply with all applicable laws, rules and regulations and the terms of this Master Agreement, Business AUP, Customer Privacy Notice and any other applicable Service policies Page 5 of 24