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Exhibit B-3
<br />strict confidence and shall not be disclosed to any third party
<br />without the disclosing party's express written consent.
<br />Notwithstanding the foregoing, such information may be
<br />disclosed (i) to the receiving parry's employees, affiliates, and
<br />agents who have a need to know for the purpose of performing
<br />this Agreement, using the Services, rendering the Services,
<br />and marketing related products and services (provided that in
<br />all cases the receiving party shall take appropriate measures
<br />prior to disclosure to its employees, affiliates, and agents to
<br />assure against unauthorized use or disclosure); or (ii) as
<br />otherwise authorized by this Agreement. Each Party agrees to
<br />treat all Confidential Information of the other in the same
<br />manner as it treats its own proprietary information, but in no
<br />same to the extent necessary to satisfy any law, regulation, or
<br />governmental request. Comcast shall have no liability or
<br />responsibility for content received or distributed by Customer
<br />or its users through the Service, and Customer shall indemnify,
<br />defend, and hold Comcast and its directors, officers,
<br />employees, agents, subsidiaries, affiliates, successors, and
<br />assigns harmless from any and all claims, damages, and
<br />expenses whatsoever (including reasonable attorneys' fees)
<br />arising from such content attributable to Customer or its users.
<br />For the avoidance of doubt, the monitoring of data described
<br />in this Section 9.6 refers to aggregate data and types of traffic
<br />(protocol, upstream/downstream utilization, etc.). Comcast
<br />does not have access to the content of encrypted data
<br />case using a degree of care less than a reasonable degree of transmitted across Comcast networks.
<br />care.
<br />9.2 Exceptions. Notwithstanding the foregoing, each
<br />Party's confidentiality obligations hereunder shall not apply to
<br />information that: (i) is already known to the receiving party
<br />without a pre-existing restriction as to disclosure; (ii) is or
<br />becomes publicly available without fault of the receiving
<br />party; (iii) is rightfully obtained by the receiving party from a
<br />third party without restriction as to disclosure, or is approved
<br />for release by written authorization of the disclosing party; (iv)
<br />is developed independently by the receiving party without use
<br />of the disclosing party's Confidential Information; or (v) is
<br />required to be disclosed by law or regulation.
<br />9.3 Publicity. The Agreement provides no right to use
<br />any Party's or its affiliates' trademarks, service marks, or trade
<br />names, or to otherwise refer to the other Party in any
<br />marketing, promotional, or advertising materials or activities.
<br />Neither Party shall issue any publication or press release
<br />relating to, or otherwise disclose the existence of, the terms
<br />and conditions of any contractual relationship between
<br />Comcast and Customer, except as permitted by the Agreement
<br />or otherwise consented to in writing by the other Party.
<br />9.4 Passwords. Comcast may furnish Customer with
<br />user identifications and passwords for use in conjunction with
<br />certain Services, including, without limitation, for access to
<br />certain non-public Comcast website materials. Customer
<br />understands and agrees that such information shall be subject
<br />to Comcast's access policies and procedures located on
<br />Comcast's Web Site.
<br />9.5 Remedies. Notwithstanding any other Article of this
<br />Agreement, the non -breaching Party shall be entitled to seek
<br />equitable relief to protect its interests pursuant to this Article
<br />9, including, but not limited to, injunctive relief.
<br />9.6 Monitoring of Services. Except as otherwise
<br />expressly set forth in a PSA, Comcast assumes no obligation
<br />to pre-screen or monitor Customer's use of the Service,
<br />including without limitation postings and/or transmission.
<br />However, Customer acknowledges and agrees that Comcast
<br />and its agents shall have the right to pre-screen and monitor
<br />such use from time to time and to use and disclose such results
<br />to the extent necessary to operate the Service properly, to
<br />ensure compliance with applicable use policies, to protect the
<br />rights and/or property of Comcast, or in emergencies when
<br />physical safety is at issue, and that Comcast may disclose the
<br />9.7 Survival of Confidentiality Obligations. The
<br />obligations of confidentiality and limitation of use described
<br />in this Article 9 shall survive the expiration and termination of
<br />the Agreement for a period of two (2) years (or such longer
<br />period as may be required by law).
<br />ARTICLE 10. USE OF SERVICE, USE AND PRIVACY
<br />POLICIES
<br />10.1 Prohibited Uses and Comcast Use Policies.
<br />Customer is prohibited from using, or permitting the use of,
<br />any Service (i) for any purpose in violation of any law, rule,
<br />regulation, or policy of any government authority; (ii) in
<br />violation of any Use Policy (as defined below); (iii) for any
<br />use as to which Customer has not obtained all required
<br />government approvals, authorizations, licenses, consents, and
<br />permits; or (iv) to interfere unreasonably with the use of
<br />Comcast service by others or the operation of the Network.
<br />Customer is responsible for assuring that any and all of its
<br />users comply with the provisions of the Agreement. Comcast
<br />reserves the right to act immediately and without notice to
<br />terminate or suspend the Services and/or to remove from the
<br />Services any information transmitted by or to Customer or
<br />users, if Comcast determines that such use is prohibited as
<br />identified herein, or information does not conform with the
<br />requirements set or Comcast reasonably believes that such use
<br />or information may violate any laws, regulations, or written
<br />and electronic instructions for use. Furthermore, to the extent
<br />applicable, Services shall be subject to Comcast's acceptable
<br />use policies ("Use Policies") that may limit use. The Use
<br />Policies and other security policies concerning the Services
<br />are posted on the Website, and are incorporated into this
<br />Agreement by reference. Comcast may update the Use
<br />Policies from time to time, and such updates shall be deemed
<br />effective immediately upon posting, with or without actual
<br />notice to Customer. Comcast's action or inaction in enforcing
<br />acceptable use shall not constitute review or approval of
<br />Customer's or any other users' use or information.
<br />10.2 Privacy Policy. In addition to the provisions of
<br />Article 9, Comcast's commercial privacy policy applies to
<br />Comcast's handling of Customer confidential information.
<br />Comcast's privacy policy is available on the Website.
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