REVISIONS TO LIMITS POLICY

POLECAT MAY REVISE THIS POLICY FROM TIME TO TIME WITHOUT NOTICE BY POSTING A SUCH REVISION ON POLECATNETWORK.COM OR ANY SUCCESSOR URL. ANY REVISION OF THIS POLICY IS EFFECTIVE IMMEDIATELY UPON SUCH POSTING. AS SUCH, SUBSCRIBERS SHOULD REGULARLY VISIT POLECATNETWORK.COM AND REVIEW THE POSTED ACCEPTABLE USE POLICY. IN THE EVENT OF A CONFLICT BETWEEN ANY SUBSCRIBER OR CUSTOMER AGREEMENT AND THIS POLICY, THE TERMS OF THIS POLICY WILL GOVERN.

Indemnity. Customer and all subscribers shall indemnify, defend and hold Polecat and its parent companies, subsidiaries, Affiliates, and Polecat suppliers, contractors, distributors, licensors and business partners, as well as the officers, directors, employees, agents and representatives of each of these (each a “Polecat Related Party”, and collectively, the “Polecat Related Parties”) harmless from and against any claim, actions, or demands relating to or arising out of (a) any breach or alleged breach of this Agreement by Customer or any subscribers of the Services, or (b) Customer’s use of the Service including without limitation: (i) any content or software displayed, distributed or otherwise disseminated by Customer, its employees, or any subscribers of the Services, (ii) any claim that Customer’s content or registration and maintenance of Customer’s selected domain name(s), infringes on the patent, copyright, trademark or other intellectual property right of any third party; (iii) any act in violation of any laws committed by Customer, its employees, agents or any end subscribers using the Services; and/or (iv) violation of the Polecat AUP by Customer, its employees, agents or any end subscribers of the Services.

LIMITATION OF LIABILITY/ DISCLAIMER OF WARRANTIES. IN ADDITION TO ANY OTHER LIMITATIONS OF LIABILITY CONTAINED IN THE AGREEMENT, NEITHER POLECAT NOR ANY POLECAT RELATED PARTY SHALL BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, OR FOR ANY LOSS OF DATA OR STORED CONTENT, IDENTITY THEFT, OR FOR ANY PROBLEM WITH THE SERVICES OR EQUIPMENT OF ANY THIRD PARTY, NOR SHALL POLECAT NOR ANY POLECAT RELATED PARTY BE RESPONSIBLE FOR FAILURE OR ERRORS OF ANY POLECAT SERVICE, POLECAT EQUIPMENT, SIGNAL TRANSMISSION, LICENSED SOFTWARE, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. NEITHER POLECAT NOR ANY POLECAT RELATED PARTY WILL BE LIABLE FOR DAMAGE TO PROPERTY OR FOR PHYSICAL INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF POLECAT. UNDER NO CIRCUMSTANCES WILL POLECAT OR ANY POLECAT RELATED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR PROVISION OF THE SERVICES.

POLECAT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATIONS OF ANY KIND THAT POLECAT’S SERVICES OR EQUIPMENT WILL WORK WITH OR SUPPORT ANY THIRD-PARTY SERVICE, OR THAT ANY THIRD- PARTY PROVIDED SERVICES WILL WORK WITH OR SUPPORT ANY POLECAT SERVICE. POLECAT AND ANY POLECAT RELATED PARTIES SHALL HAVE NO LIABILITY FOR CUSTOMER’S USE OF ANY THIRD-PARTY SERVICES OR EQUIPMENT. POLECAT AND ANY POLECAT RELATED PARTIES SHALL HAVE NO LIABILITY FOR ANY INFORMATION SHARED WITH CUSTOMER’S THIRD- PARTY SERVICE PROVIDER. CUSTOMER AND SUBSCRIBER ACKNOWLEDGES THAT POLECAT IS NOT A PARTY TO CUSTOMER’S CONTRACT WITH ANY THIRD PARTY SERVICE PROVIDER. HOWEVER, ANY SUCH AGREEMENT BETWEEN CUSTOMER AND/OR SUBSCRIBER AND A THIRD PARTY SERVICE PROVIDER SHALL NOT MODIFY OR SUPERSEDE CUSTOMER’S AGREEMENT WITH POLECAT OR ANY OF CUSTOMER’S OBLIGATIONS IN THIS AGREEMENT.

POLECAT’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY) SHALL BE LIMITED TO THE LESSER OF (I) THE FEES PAID OR OWED BY CUSTOMER UNDER THE AGREEMENT IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ARISES OR (II) ANY OTHER APPLICABLE LIMITATION ON POLECAT’S LIABILITY.

EXCEPT AS PROVIDED IN THE AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND POLECAT DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. POLECAT DOES NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO CUSTOMER’S LOCATION, OR THAT INSTALLATION OF SERVICE WILL OCCUR IN A SPECIFIED TIMEFRAME. POLECAT DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT WILL MEET CUSTOMER’S NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR THE LIKE.  INTERNET AND WIFI SPEEDS WILL VARY POLECAT MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK.

ADDITIONAL LIMITATIONS ON POLECAT’S LIABILITY FOR POLECAT INTERNET SERVICES OR ANY OTHER SERVICE, SUCH AS CERTAIN VOICE SERVICES, THAT USE THE INTERNET: THE PUBLIC INTERNET IS USED BY NUMEROUS PERSONS AND ENTITIES INCLUDING, WITHOUT LIMITATION, OTHER POLECAT INTERNET SUBSCRIBERS. AS IS THE CASE WITH ALL SHARED NETWORKS LIKE THE PUBLIC INTERNET, THERE IS A RISK THAT CUSTOMER COULD BE SUBJECT TO “EAVESDROPPING.” THIS MEANS THAT OTHER PERSONS OR ENTITIES MAY BE ABLE TO ACCESS AND/OR MONITOR CUSTOMER’S USE ON THE INTERNET. IF CUSTOMER POSTS, STORES, TRANSMITS, OR DISSEMINATES ANY SENSITIVE OR CONFIDENTIAL INFORMATION, CUSTOMER AND SUBSCRIBER DOES SO AT ITS SOLE RISK. NEITHER POLECAT, NOR THE POLECAT RELATED PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH ACTIONS BY CUSTOMER. CUSTOMER ACKNOWLEDGES THAT SOFTWARE PROGRAMS ARE COMMERCIALLY AVAILABLE THAT CLAIM TO BE CAPABLE OF ENCRYPTION OR ANONYMIZATION. POLECAT MAKES NO REPRESENTATION OR WARRANTY REGARDING THE EFFECTIVENESS OF THESE PROGRAMS.