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WARRANTIES OF TITLE, NON-INFRINGEMENT MERCHANTABILITY AND
<br />FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES.
<br />SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND SUDDENLINK
<br />DOES NOT WARRANT THAT 7HE SERVICES, EQUIPMENT OR SOFfWARE
<br />SHALL BE ERROR-FREE OR WITHOUT INTERRUP'fION. SUDDENLINK MAKES
<br />NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSfREAM
<br />SPEEDS OF THE NETWORK. ALL USE OF THE SERVICES ARE PROVIDED AT
<br />CUSTOMER'S SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY
<br />FOR CUSTOMER'S OR ANY USER'S USE OF THE SERVICES. THE
<br />SUDDENLINK PARTIES MAKE NO WARRANTIES THAT THE SERVICE,
<br />EQUIPMENT OR SOFfWARE ARE COMPATIBLE WITH ANY CUSTOMER
<br />EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR
<br />IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER
<br />EQUIPMENT. THE SUDDENLINK PARTIES MAKE NO WARRANTY AS TO THE
<br />SECURITY OF CUSTOMER'S COMMUNICATIONS VIA SUDDENLINK'S
<br />FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN
<br />UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER'S
<br />COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE
<br />RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND THAT
<br />THE SUDDENLINK PARTIES WILL NOT BE LIABLE FOR ANY LOSS
<br />ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS.
<br />11. Indemniri. Customer shall indemnify and hold Suddenlink and its
<br />respective affiliates, subcontractors, employees or agents harmless (including
<br />payment of reasonable attorneys fees) from and against any claim, actions or
<br />demands relating to or arising out of or related in any way to Customer's use
<br />of the Service, any other person's use of the Customer's account, the
<br />placement or presence or removal of Suddenlink's Equipment, facilities and
<br />associated wiring on Customers premises including without Iimitation (i) any
<br />content or software displayed, distributed or otherwise disseminated by the
<br />Customer, its employees, or users of the Senrices, (ii) any claim that
<br />Customer's use of the Service including the registration and maintenance of
<br />Customer's selected domain name(s), infringes on the patent, copyright,
<br />trademark or other intellectual property right of any third party; (iii) any
<br />malicious act or act in violation of any laws committed by Customer, its
<br />employees or users using the Services; and/or (iv) violation by Customer, its
<br />employees or authorized users of the Suddenlink AUP.
<br />12. Miscellaneous. This Agreement, any document referenced herein,
<br />and the AUP constitute the entire agreement between Suddenlink and
<br />Customer for the Services and equipment provided herein. The invalidity or
<br />unenforceability of any term or condition of this Agreement shall not affect
<br />the validity or enforceability of any other provision. This Agreement may be
<br />modified, waived or amended only by a written instrument signed by the
<br />parties; provided Suddenlink may modify the AUP and if Customer continues
<br />to use the Service, Customer shall be bound by such AUP as modified. The
<br />rights and obligations of the parties under this Agreement shall be governed
<br />by the laws of the State of New York. The failure by either party to exercise
<br />one or more rights provided in this Agreement shall not be deemed a waiver
<br />of the right to exercise such right in the future. Notices required by this
<br />Agreement shall be in writing and shall be delivered either by personal
<br />delivery or by mail. If delivered by mail, notices shall be sent by any
<br />overnight mail service with proof of receipt; or by certified or registered mail,
<br />return receipt requested; with all postage and charges prepaid. AIl notices
<br />and other written communications under this Agreement shall be addressed
<br />to the parties at the addresses on the first page of this Agreement, or as
<br />specified by subsequent written notice delivered by the party whose address
<br />has changed. The failure of Suddenlink to enforce this Agreement and any of
<br />its components, for whatever reason, shall not constitute a waiver of any
<br />right of Suddenlink or the ability [o assert or enforce such right at any time in
<br />the future. All representations, warranties, indemnifications, dispute
<br />resolution provisions and limitations of liability contained in this Agreement
<br />shall survive the termination of this Agreement, as well as any other
<br />obligations of the parties hereunder which, by their terms, would be expected
<br />to survive such termination or which relate to the period prfor to termination
<br />(including legal conditions, payment, and Suddenlink rights and the rights of
<br />others).
<br />13. Reaulatorv Authoriri-Force Maieure. This Agreement and
<br />the obligations of the paKies shall be subject to modification to comply with
<br />all applicable laws, regulations, court rulings, and administrative orders, as
<br />amended. In no event shall either party have any claim against the other for
<br />failure of performance if such failure is caused by acts of God, natural
<br />disasters including fire, Flood, or winds, civil or military action, including riots,
<br />civil insurredions or acts of terrorists or the taking of property by
<br />condemnation. Suddenlink may, in its sole discretion, immediately terminate
<br />this Agreement, in whole or in part, in the event there is a material change in
<br />any law, rule, regulation, Force Majeure event, or judgment of any court or
<br />government a9ency, and that change affects Suddenlink's ability to provide
<br />the Services herein.
<br />14. ARBITRATION. CUSTOMER AND SUDDENLINK AGREE THAT ANY
<br />CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS
<br />AGREEMENT INCLUDING ANY OF ITS COMPONENTS, THE SERVICES OR
<br />EQUIPMENT PROVIDED BY SUDDENLINK OR ANY ORAL OR WRITTEN
<br />STATEMENTS, ADVERTISEMENTS OR PROMOTIONS RELATING TO THIS
<br />AGREEMENT OR TO THE SERVICES OR EQUIPMENT (COLLECTIVELY, "CLAIM'D
<br />SHALL BE RESOLVED THROUGH ARBIfRATION. ALL ARBI'TRA7ION SHALL BE
<br />INITIAlED AND CONDUCTED IN ACCORDANCE WffH THE COMMERCIAL
<br />ARBITRATION RULES AND MEDIATION PROCEDURES OF THE AMERICAN
<br />ARBITRATION ASSOCL4TION ("AAA'I. THE AAA SHALL APPOINT THE
<br />ARBITRATOR. ARBITRATION MUST BE INITIATED BY CUSTOMER WIfHIN ONE
<br />(1) YEAR OF TNE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS
<br />GIVING RISE TO THE DISPUTE (IXCEPT FOR BILLING DISPUTES WHICH MUST
<br />BE INITIATED WITHIN THIRTY (30) DAYS). CUSTOMER WAIVES ANY CLAIM
<br />NOT FILED IN ACCORDANCE WITH THE PREVIOUS SENTENCE. THE PARTY
<br />INITIATING ARBITRATION SHALL GIVE NOTICE TO THE OTHER PARTY BY
<br />MAILING A COPY OF THE REQUEST FOR ARBITRA7ION TO THE OTHER
<br />PARTY AT THE ADDRESSES ON THE SERVICE ORDER. ALL PARTIES TO THE
<br />ARBITRATION MUST BE INDIVIDUALLY NAMED AND THERE SHALL BE NO
<br />RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS
<br />ACTION OR CONSOLIDATED BASIS OR THROUGH A REPRESENTATIVE,
<br />UNLESS APPLICABLE STATE LAW MANDATES OTHERWISE. ARBITRATION
<br />OF CLAIMS WILL BE CONDUCTED IN SUCH FORUM AND PURSUANT TO
<br />SUCH LAWS AND RULES RELATED TO COMMERCIAL ARBITRATION IN THE
<br />STATE OF NEW YORK THAT ARE IN EFFECT ON THE DATE OF THE NOTICE
<br />TO ARBITRATE.
<br />. UoOn2r)
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