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