Provider
is
not
liable
for
protection
or
privacy
of
electronic
mail
or
other
information
transferred
through
the
Internet
or
through
any
other
network
Provider
or
its
customers
may
utilize.
Provider
does
not
represent
or
warrant
to
Client
that:
(1)
Client
will
receive
continual
and
uninterrupted
service
during
the
term
of
this
Agreement;
or
(2)
any
information
transmitted
on
Provider's
facilities
or
other
interconnecting
network(s)
or
server(s)
will
remain
private
or
secure.
In
the
event
of a
service
interruption,
Client
shall
notify
Provider,
and
Provider
shall
attempt
to
restore
Client's
service
as
soon
as
is
reasonably
possible.
In
the
event
of
an
interruption
or
malfunction
of
service
that
lasts
for
more
than
twenty
four
(24)
consecutive
hours,
and
that
is
caused
by
circumstances
within
Provider's
control,
Client
shall
be
entitled
to a
credit
of
1/30th
of
its
base
monthly
billing
charge
for
each
period
of
24
consecutive
hours
that
Client's
service
is
interrupted
or
malfunctions
due
to
circumstances
within
Provider's
control.
In
case
of a
service
interruption
or
malfunction
that
lasts
for
less
than
24
hours,
or
that
is
caused
by
circumstances
beyond
Provider's
control
(such
as
strike,
fire,
inclement
weather,
civil
disturbance,
vandalism,
or
other
force
majeure
events),
Provider
shall
not
be
liable
to
Client,
nor
shall
Client
be
entitled
to a
credit
to
its
account.
Client
will
hold
Provider
harmless
for
Y2K-related
issues.
Provider's
total
liability
to
Client
for
all
claims
relating
to
services
provided
by
Provider,
whether
in
contract,
tort
or
otherwise,
shall
not
exceed
the
total
fees
paid
by
Client
to
Provider
to
the
account
on
which
the
liability
is
based
for
the
immediately
preceding
twelve
(12)
months.
EXCEPT
AS
PROVIDED
ABOVE,
PROVIDER'S
SERVICE
IS
PROVIDED
ON
AN
'AS
IS,
AS
AVAILABLE'
BASIS,
AND
CLIENT'S
USE
OF
PROVIDER'S
SERVICES
SHALL
BE
COMPLETELY
AT
CLIENT'S
RISK.
PROVIDER
SPECIFICALLY
DISCLAIMS
ANY
OTHER
WARRANTY,
EXPRESS
OR
IMPLIED,
INCLUDING
ANY
WARRANTY
OF
MERCHANTABILITY
OR
FITNESS
FOR
A
PARTICULAR
PURPOSE.
IN
NO
EVENT
SHALL
PROVIDER
BE
LIABLE
FOR
ANY
CONSEQUENTIAL,
INDIRECT,
SPECIAL
OR
INCIDENTAL
DAMAGES,
EVEN
IF
PROVIDER
HAS
BEEN
ADVISED
BY
CLIENT
OF
THE
POSSIBILITY
OF
SUCH
POTENTIAL
LOSS
OR
DAMAGE,
BEYOND
THOSE
SPECIFICALLY
PERMITTED
BY
THIS
AGREEMENT.
Indemnity
Client
agrees
to
defend,
indemnify
and
hold
Provider
harmless
from
and
against
any
and
all
claims,
losses,
liabilities
and
expenses
(including
attorneys'
fees)
related
to
or
arising
out
of
any
services
or
equipment
of
Provider
used
by
Client
under
this
Agreement,
including
without
limitation
claims
made
by
third
parties
(including
customers
of
Client)
related
to
any
false
advertising
claims,
liability
claims
for
products
or
services
sold
by
Client,
claims
for
patent,
copyright
or
trademark
infringement,
claims
due
to
disruption
or
malfunction
of
services
provided
hereunder,
or
for
any
content
submitted
by
Client
for
publication
by
Provider,
but
excluding
those
related
to
the
negligence
of
Provider.
Resale
of
Provider's
Service
If
Client
acts
as a
'reseller '
of
the
services
provided
by
Provider
to
Client
hereunder,
by
Client
providing
similar
services
to
its
customers,
then
all
the
terms
of
this
Agreement
shall
provide
to
the
resale.
Without
limiting
the
foregoing,
Client's
obligations
under
Indemnity,
shall
apply
to
any
and
all
claims
made
against
Client
and/or
Provider
which
arise
out
of
the
resale
of
Provider's
services.
Governing
Law/Venue
This
Agreement
shall
be
governed
by
the
laws
of
the
Province
of
Serbia
and
Montenegro.
Venue
for
any
action
hereunder
shall
be
Serbia,
Serbia
and
Montenegro.
Relationship
of
the
Parties
The
parties
intend
that
an
independent
contractor
relationship
will
be
created
by
this
contract,
and
that
no
partnership,
joint
venture
or
employee/employer
relationship
is
intended.
Taxes
If
any
federal,
state
or
local
governmental
entity
with
taxing
authority
over
the
services
provided
under
this
Agreement
imposes
a
tax
directly
on
the
services
provided
by
Provider
to
Client
under
this
Agreement
(excluding
any
income,
business
and
occupation,
capital
gain,
death
or
inheritance,
or
other
indirect
taxes),
then
Provider
may
pass
the
direct
amount
of
such
cost
on
to
Client,
and
Client
shall
promptly
pay
such
cost.
Waiver
Any
party's
failure
to
insist
on
compliance
or
enforcement
of
any
provision
of
this
Agreement
shall
not
affect
its
validity
or
enforceability
or
constitute
a
waiver
of
future
enforcement
of
that
provision
or
of
any
other
provision
of
this
Agreement.
Attorneys'
Fees
If a
legal
proceeding
is
commenced
to
enforce
or
obtain
a
declaration
of
rights
under
this
Agreement,
the
prevailing
party
in
such
proceeding
shall
be
entitled
to
recover
its
reasonable
attorneys'
fees
and
costs
incurred
in
the
proceeding
from
the
nonprevailing
party,
as
well
as
any
reasonable
attorneys'
fees
and
costs
that
the
prevailing
party
incurred
prior
to
commencing
the
proceeding.
IP
Addresses
Provider
maintains
control
and
any
ownership
of
any
and
all
IP
numbers
and
addresses
that
may
be
assigned
to
Client
and
reserves
in
its
sole
discretion
the
right
to
change
or
remove
any
and
all
IP
numbers
and
addresses.
Cancellation
