Stingray Pipeline Company, L. L. C.
Third Revised Volume No. 1
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Effective Date: 11/01/2008, Docket: RP08-436-000, Status: Effective
Second Revised Sheet No. 308 Second Revised Sheet No. 308
Superseding: First Revised Sheet No. 308
FORM OF INTERACTIVE INTERNET WEBSITE AGREEMENT
Website. SHIPPER further agrees that SHIPPER and its authorized
persons will not disclose its USERIDs and passwords, either
separately or combined, to anyone without authority to access the
Interactive Internet Website for SHIPPER. Any use of the
Interactive Internet Website by any person authorized or not,
using any of SHIPPER's USERIDs and/or passwords shall be deemed to
be use by SHIPPER and SHIPPER agrees to be responsible for and to
accept liability for any such use.
5. Certain information contained in the Interactive Internet Website
is proprietary and confidential. SHIPPER agrees not to disclose
or otherwise make available confidential information to any other
company, corporation or third party, whether such information is
accessed in an authorized or unauthorized manner. This provision
does not apply to any public information maintained by Transporter
on the Interactive Internet Website, as such information is
available to all parties.
6. SHIPPER agrees to notify Transporter 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 Transporter's
Transportation Services Department immediately by telephone and
shall be followed by written notification within 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. Transporter shall operate its Interactive Internet Website in a
prudent manner. Except for the negligence, fraud, or willful
misconduct of Transporter, Transporter 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 Transporter,
its affiliates and members 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