Enbriidge Pipelines (Midla) L. L. C.
FIFTH REVISED VOLUME NO. 1
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Effective Date: 10/01/2009, Docket: RP09-980-000, Status: Effective
Original Sheet No. 358 Original Sheet No. 358
FORM OF INTERACTIVE INTERNET WEBSITE AGREEMENT
Website. CUSTOMER further agrees that CUSTOMER 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 CUSTOMER. Any use of the Interactive Internet
Website by any person authorized or not, using any of CUSTOMER's
USERIDs and/or passwords shall be deemed to be use by CUSTOMER and
CUSTOMER 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. CUSTOMER 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 Pipeline on the
Interactive Internet Website, as such information is available to all
parties.
6. CUSTOMER agrees to notify Pipeline if there is any indication that a
security breach has occurred with regard to CUSTOMER'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 Pipeline's Transportation Services
Department immediately by telephone and shall be followed by written
notification within five (5) Business Days.
7. CUSTOMER agrees to attempt to access only that data for which CUSTOMER
has authorization. All access attempts, whether successful or
unsuccessful, are recorded.
8. Pipeline shall operate its Interactive Internet Website in a prudent
manner. Except for the negligence, fraud, or willful misconduct of
Pipeline, Pipeline expressly disclaims liability for loss or damage
resulting from CUSTOMER'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. CUSTOMER agrees to defend, indemnify
and hold harmless Pipeline, 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