Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective
Original Sheet No. 51 Original Sheet No. 51 : Effective
GENERAL TERMS AND CONDITIONS (Cont'd)
2.7 Proprietary and Confidential Nature of Navigator. Columbia Navigator
software and the information contained in Columbia Navigator is proprietary
and confidential. Customer shall not reproduce, disclose, or otherwise make
available Columbia Navigator software, or any confidential information
contained therein, to any other entity or individual. The Columbia
Navigator software is a proprietary product of Seller and is protected by
Copyright Law. As provided at Section 2.10, the data conveyed through the
EBB is not proprietary or confidential by reason of its transmission through
the EBB, and enjoys no greater confidentiality than if communicated through
another medium.
2.8 Access Requirements; Operations. Seller's EBB will operate 24 hours
per day, seven days a week, every week of the year. As noted in Section 2.1
above, access to the EBB shall be available to any party (i) that has
compatible electronic equipment, and (ii) that complies with the provisions
of this Tariff and, for electronic contracting purposes, with this Section
and Section 5.7 of the General Terms and Conditions.
(a) Equipment. EBB users must have computer equipment, software and
Internet service meeting the minimum standards established by NAESB and
incorporated elsewhere in this Tariff. Seller will operate a toll free
telephone helpline answered 24 hours a day, to provide technical support.
(b) Access Procedure. Any party desiring to use Seller's EBB may
arrange to do so by contacting Seller's Navigator Help Desk, making the
request, and providing the name, address, and telephone number of the
company and the designated contact person, and other information as may be
required.
2.9 Warranty of Accuracy of Data. All parties using the EBB assume the
responsibility that the data they transmit through the EBB is accurate and
complete. Each such party further agrees that the party receiving data
transmitted through the EBB may act in full reliance upon such data to the
same extent that it could have had the data been delivered by any other
means authorized under any Rate Schedule or Service Agreement.
2.10 Confidentiality. All communications received through the EBB, and any
data contained therein, shall be subject to the same requirements of
confidentiality, if any, applicable to such communications had they been
made by any other means permitted under any Rate Schedule or Service
Agreement.