Destin Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 06/01/2000, Docket: RP00-268-000, Status: Effective
First Revised Sheet No. 162 First Revised Sheet No. 162 : Effective
Superseding: Original Sheet No. 162
GENERAL TERMS AND CONDITIONS
APPENDIX D
INTERACTIVE INTERNET WEBSITE AGREEMENT
(Continued)
6. SHIPPER agrees to notify Operator if there is any
indication that a security breach has occurred with
regard to SHIPPER's USERIDs and passwords. This
includes, but is not limited to (i) loss of
confidentiality of USERIDs and passwords; (ii)
termination of employment of any authorized person; or
(iii) loss of authority to access the Interactive
Internet Website by any authorized person. Such
notification shall be made to Operator's Transportation
Services Department immediately by telephone and shall
be followed by written notification with in five (5)
business days.
7. SHIPPER agrees to attempt to access only that data
for which SHIPPER has authorization. All access
attempts, whether successful or unsuccessful, are
recorded.
8. Operator shall operate its Interactive Internet Website
system in a prudent manner. Except for the negligence,
fraud, or willful misconduct of Operator, Operator
expressly disclaims liability for loss or damage
resulting from SHIPPER's actions or breach of this
Agreement, events of Force Majeure, any defects in
computer software, hardware, or programming, or any
interruption in or malfunction of electronic
communication or transmission. SHIPPER agrees to
defend, indemnify and hold harmless Operator, its
affiliates and their respective officers, directors,
employees and agents, from and against all claims,
demands, damages, losses, costs and expenses (including
court costs and reasonable attorney's fees) and
liabilities of any nature whatsoever (collectively
referred to herein as "Liabilities") arising out of any
breach of this Agreement by SHIPPER or its authorized
persons, or the use of the Interactive Internet Website
or the information contained therein by SHIPPER, so
long as such Liabilities are not the direct result of
the negligence, fraud, or willful misconduct of
Operator. The parties hereto agree that neither party
shall be liable to the other party, or its corporate
parent, subsidiaries or affiliates for any special,
indirect or consequential damages (including, without
limitation, loss of profits or business interruptions)
incurred by said party arising out of or in any manner
related to this Agreement, the provision and use of the
Interactive Internet Website, or the information
contained therein.
9. SHIPPER understands and agrees that Operator may act,
and shall be fully protected in acting, in reliance
upon any acts or things done or performed by persons
utilizing SHIPPER's USERIDs and passwords on behalf of
SHIPPER (so long as Operator is not aware of a security
breach), and that Operator shall be held harmless from
any omission or failure by SHIPPER to act or perform
any duty required by a function accessed through the
Interactive Internet Website.