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.