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