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(j) Mayfield Village. may terminate or suspend the Services under this Agreement by providing 90 days written
<br />notice.
<br />8. Warranties and Limitation of Liability
<br />8.1. WARRANTIES. MAYFIELD VILLAGE MAKES NO WARRANTIES OF ANY KIND, OTHER THAN THOSE EXPRESSLY SET
<br />FORTH IN.THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
<br />WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE OR
<br />PROVISION OF THE MAYFIELD VILLAGE OR ONECOMMUNITY NETWORK CONNECTION OR ANY ADDITIONAL
<br />SERVICES. MAYFIELD VILLAGE'S ENTIRE LIABILITY FOR ALL CLAIMS OF WHATEVER NATURE (INCLUDING CLAIMS
<br />BASED ON NEGLIGENCE) ARISING OUT OF THE PROVISION BY MAYFIELD VILLAGE OF FACILITIES, TRANSMISSION,
<br />DATA, SERVICES OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO REAL OR PERSONAL
<br />PROPERTY, AND NOT CAUSED IN WHOLE OR PART BY SUBSCRIBER OR ANY THIRD PARTY, SHALL NOT EXCEED
<br />THE LIMITS SET FORTH IN SECTION 11, PROVIDED THAT THE FOREGOING LIMITATIONS SHALL NOT APPLY FOR
<br />DEATH OR PERSONAL INJURY CAUSED BY ONECOMMUNITY, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BY
<br />APPLICABLE LAW BE EXCLUDED OR LIMITED.
<br />8.2. LIABILITY. NEITHER MAYFIELD VILLAGE NOR ITS NETWORK SERVICE SUPPLIERS SHALL BE LIABLE TO SUBSCRIBER
<br />FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, RELIANCE OR OTHER FORM OF
<br />MONEY DAMAGES OTHER THAN AMOUNTS COVERED SOLELY BY ONE OR MORE OF THE INSURANCE POLICIES
<br />IDENTIFIED IN SECTION 11 OF THIS AGREEMENT. THE SUBSCRIBER SHALL NOT BE ENTITLED TO RECOVERY FOR
<br />LOST. PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY OR DAMAGES FOR THE LOSS;
<br />DELAY, NON-DELIVERY OR MISS-DELIVERY OF DATA OR INFORMATION OR SERVICE INTERRUPTION OF ANY
<br />,KIND, HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF PROVISIONING OF THE
<br />ONECOMMUNITY NETWORK CONNECTION, OR RELATED COMMUNICATION SERVICES, WHETHER BASED IN
<br />CONTRACT, TORT OR ANY OTHER LEGAL THEORY UNLESS SUCH LOSS IS COVERED BY ONE OR MORE OF THE
<br />INSURANCE POLICIES IDENTIFIED IN SECTION 11 OF THIS AGREEMENT.
<br />8.3. SPECIFIC EXCLUSIONS. IN NO CIRCUMSTANCES SHALL MAYFIELD VILLAGE, ITS SUBCONTRACTORS OR AGENTS BE
<br />LIABLE FOR ANY OF THE FOLLOWIRIG, EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF THE FORM
<br />OF ACTION, WHETHER IN CONTRACT, .WARRANTY, STRICT LIABILITY OR TORT, INCLUDING; WITHOUT
<br />LIMITATION, NEGLIGENCE OF ANY KIND WHETHER ACTIVE OR PASSIVE:
<br />(a) THIRD PARTY CLAIMS AGAINST SUBSCRIBER FOR DAMAGES;
<br />(b) LOSS OF OR DAMAGE TO SUBSCRIBER'S RECORDS OR DATA OR THOSE OF ANY THIRD PARTY;
<br />(c) ANY DELAY, LOSS, DAMAGE OR SERVICE FAILURE ATTRIBUTABLE TO ANY SERVICE, PRODUCT OR ACTIONS
<br />OF ANY PERSON OTHER THAN US, OUR EMPLOYEES, AND AGENTS, INCLUDING BUT NOT LIMITED TO
<br />DELAY, LOSS, DAMAGE OR SERVICE FAILURE ATTRIBUTABLE TO COMPUTER VIRUSES, WORMS,
<br />COMPUTER SABOTAGE, "DENIAL OF SERVICE" ATTACKS, DNS SPOOFING ATTACKS AND/OR OTHER
<br />HACKING ATTACKS OF A SIMILAR NATURE; OR
<br />(d) INTEROPERABILITY OFSUBSCRIBER'S EQUIPMENT OR APPLICATIONS.
<br />8.4. Unauthorized Access. Except as otherwise provided in Section 3.1 of this. Agreement, neither Mayfield Village nor
<br />its service suppliers shall be liable for unauthorized access to Subscriber's transmission facilities or premise
<br />equipment or for unauthorized access to or alterations, theft or destruction of Subscriber's data files, programs,
<br />procedures, or information through accident, fraudulent means or devices, or any other method. Subscriber.
<br />understands that neither Mayfield Village nor its service suppliers are responsible for the content of the
<br />transmissions that may pass through the Mayfield Village or OneCommunity Network connection, or related
<br />communication services. Neither. Mayfield Village nor its service suppliers shall be liable for the accuracy or quality
<br />of information obtained or data transmitted through use of the OneCommunity Network connection, or related
<br />communication services.
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