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11. WARRANTIES; LIMITATION OF LIABILITY.
<br />11.1. ONECLEVELAND MAKES NO WARRANTIES OF ANY HIND, OTHER TIIAN THOSE
<br />EXPRESSLY SET FORTH IN THIS AGREEMENT, WHETHER EXPRESS OR
<br />IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF
<br />MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH
<br />RESPECT TO THE USE OR PROVISION OF TI3E ONECLEVELAND NETWORK
<br />CONNECTION OR ANY ADDITIONAL SERVICES. ONECLEVELAND'S ENTIRE
<br />LIABILTTY FOR ALL CLAIMS OF WHATEVER NATURE (INCLUDING CLAIMS
<br />BASED ON NEGLIGENCE) ARISING OUT OF THE PROVISION BY ONECLEVLAND
<br />OF FACILITIES, TRANSMISSION, DATA, SERVICES OR EQUIPMENT INCLUDING,
<br />BUT NOT LIlVIITED TO, DAMAGE TO REAL OR PERSONAL PROPERTY, AND NOT
<br />CAUSED IN WI30LE OR PART BY SUBSCRIBER OR ANY TI3IIZD PARTY, SHALL
<br />NOT EXCEED THE LIMITS SET FORTH IN SECTION 15, PROVIDED THAT THE
<br />FOREGOING LIMITATIONS SHAI.L NOT APPLY FOR DEATH OR PERSONAL
<br />INJURY CAUSED BY ONECLEVELAND, OR FOR ANY OTHER LIABILITY WHICH
<br />MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIlVIITED.
<br />11.2. NEITHER ONECLEVELAND NOR ITS NETWORK SERVICE SUPPLIERS SFiALL BE
<br />LIABLE TO SUBSCRISER FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
<br />EXEMPLARY, CONSEQUENTIAL, RELIANCE OR OTHER FORM OF MONEY
<br />DAMAGES OTHER TIiAN AMOUNTS COVERED SOLELY BY ONE OR MORE OF
<br />THE INSURANCE POLICIES IDENTIFIED IN SECTION 15 OF THIS AGREEMENT.
<br />THE SUBSCRIBER SHALL NOT BE ENTITLED TO RECOVERY FOR LOST
<br />PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINE5S OPPORTUNITY OR
<br />DAMAGES FOR THE LOSS, DELAY, NON-DELIVERY, OR MISS-DELIVERY OF
<br />DATA OR INFORMATION OR SERVICE INTERRUPTION OF ANY KIND, HOWEVER
<br />CAUSED, ARISING OUT OF OR IN CONNECTION WITH TAE USE OR PROVISION
<br />OF THE ONECLEVELAND NETWORK CONNECTION, OR RELATED
<br />COMMUNICATION SERVICES, WHETHER BASED IN CONTRACT, TORT OR ANY
<br />OTHER LEGAL THEORY UNLESS SUCH LOSS IS COVERED BY ONE OR MORE OF
<br />THE INSURANCE POLICES IDENTIFIED IN SECTION 15 OF THIS AGREEMENT
<br />11.3. IN NO CIRCUMSTANCES SHALL ONECLEVELAND, ITS SUBCONTRACTORS OR
<br />AGENTS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF
<br />TAEIR POSSIBILITY AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN
<br />CONTRACT, WARRANTY, STRICT LIABILITY OR TORT, INCLUDING, WITHOUT
<br />LIMITATION, NEGLIGENCE OF ANY HIND WHETHER ACTIVE OR PASSIVE: (a)
<br />THIRD PARTY CLAIMS AGAINST SUBSCRIBER FOR DAMAGES, (b) LOSS OF OR
<br />DAMAGE TO SUBSCRIBER'S RECORDS OR DATA OR THOSE OF ANY THIRD
<br />PARTY, (c) ANY DELAY, LOSS, DAMAGE OR SERVICE FAILURE ATTRIBUTABLE
<br />TO ANY SERVICE, PRODUCT OR ACTIONS OF ANY PERSON OTHER THAN US,
<br />OUR EMPLOYEES AND AGENTS, INCLUDING BUT NOT LIMITED TO DELAY,
<br />LOSS, DAMAGE OR SERVICE FAILURE ATTRIBUTABLE TO COMPUTER VIRUSES,
<br />WORMS, COMPUTER SABOTAGE, "DENIAL OF SERVICE" ATTACKS, DNS
<br />SPOOFING ATTACKS AND/OR OTHER HACKING ATTACKS OF A SIMILAR
<br />NATURE OR (d) INTEROPERABILITY OF SUBSCRIBER'S EQUIPMENT OR
<br />APPLICATIONS.
<br />11.4. Except as otherwise provided in Section 5.1 of this Agreement, neither OneCleveland nor its
<br />service suppliers shall be liable for unauthorized access to Subscriber's transmission facilities or
<br />SSA20051021 Page 8 of 14
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