29 - Internet Services Agreement

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DAMAGES ARISING OUT OF OR RELATING TO THE MASTER AGREEMENT, REGARDLESS OF WHETHER VYVE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VYVE'S AGGREGATE LIABILITY FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE MASTER AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY) SHALL BE LIMITED TO THE LIMITS OF VYVE'S LIABILITY INSURANCE COVERAGE. IN NO EVENT SHALL VYVE'S AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS HAVE ANY LIABILITY TO CUSTOMER HEREUNDER. VYVE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER - PROVIDED EQUIPMENT, FACILITIES OR SERVICES. 16. DISCLOSURE OF CUSTOMER INFORMATION Customer's privacy interests, including Customer's ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Telecommunications Act (the "Telecommunications Act"), the Federal Cable Communications Act (the "Cable Act"), the Electronic Communications Privacy Act, and, to the extent applicable, state laws and regulations. Customer proprietary network information ("CPNI") and personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in the Customer Privacy Notice which is incorporated into, and made a part of, this Master Agreement by this reference. The Customer Privacy Notice is available on our website at http://www.vyvebroadband.com/policies. Customer acknowledges receipt of the Customer Privacy Notice. In addition to the foregoing, Customer hereby acknowledges and agrees that: (i) Vyve may disclose Customer's and its employees' personally identifiable information as required by law or regulation, or the American Registry for Internet Numbers ("ARIN") or any similar agency, or in accordance with Vyve's Customer Privacy Notice; (ii) Vyve's personnel and dedicated account representatives assigned by Vyve who are responsible for commercial accounts may disclose Customer's CPNI or make changes to Customer's account at the request of persons that they reasonably believe to be Customer's authorized representatives; (iii) Vyve may provide Customer with online access to its CPNI in any commercially reasonable manner; and (iv) the requirements of Section 64.2010 of the FCC's rules shall not apply to Customer's account. In addition, Vyve shall have the right (except where prohibited by law notwithstanding Customer's consent), but not the obligation, to disclose any information to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. Page 13 of 24