Common use of The Internet Clause in Contracts

The Internet. Each party acknowledges that the Internet is an unsecured, unstable, unregulated, unorganized and unreliable network, and that the ability of the other party to provide or perform services or duties hereunder is dependent upon the Internet and equipment, software, systems, data and services provided by various telecommunications carriers, equipment manufacturers, firewall providers, encryption system developers and other vendors and third parties. Each party agrees that the other shall not be liable for any functions or malfunctions of the Internet beyond the reasonable control of either party, provided that the Fund shall not be liable for, and shall be indemnified by PFPC for, any claims of End-Users relating to viruses, system failures or other interruptions of IMPRESSNet(R) Services due to the conduct of PFPC or its third party service providers. Each party agrees the other shall not be liable for the actions or omissions of any third party wrongdoers (i.e., hackers not employed by such party or its affiliates) or of any third parties involved in the IMPRESSNet(R) Services unless such party breached the standard of care specified herein or the terms hereof with respect to such third party acts or omissions.

Appears in 1 contract

Sources: Transfer Agency Services Agreement (Axa Premier Funds Trust)

The Internet. Each party acknowledges that the Internet is an unsecured, unstable, unregulated, unorganized and unreliable network, and that the ability of the other party to provide or perform services or duties hereunder is dependent upon the Internet and equipment, software, systems, data and services provided by various telecommunications carriers, equipment manufacturers, firewall providers, encryption system developers and other vendors and third parties. Each party agrees that the other shall not be liable for any functions or malfunctions of the Internet beyond the reasonable control of either party; provided further, provided that the Fund shall not be liable for, and shall be indemnified by PFPC for, any claims of by End-Users relating to viruses, system failures or other interruptions of IMPRESSNet(R) IMPRESSNet.comR Services due to the conduct of PFPC or its third party service providers. Each party agrees the other shall not be liable for the actions or omissions of any third party wrongdoers (i.e., hackers not employed by such party or its affiliates) or of any third parties involved in the IMPRESSNet(R) IMPRESSNet.comR Services unless such party breached the standard of care specified herein or the terms hereof with respect to such third party acts or omissionsthat selection.

Appears in 1 contract

Sources: Transfer Agency Services Agreement (Equitable Trust/Ny/)

The Internet. Each party acknowledges that the Internet is an unsecured, unstable, unregulated, unorganized and unreliable network, and that the ability of the other party to provide or perform services or duties hereunder is dependent upon the Internet and equipment, software, systems, data and services provided by various telecommunications carriers, equipment manufacturers, firewall providers, encryption system developers and other vendors and third parties. Each party agrees that the other shall not be liable for any functions or malfunctions of the Internet beyond the reasonable control of either party; provided further, provided that the Fund shall not be liable for, and shall be indemnified by PFPC for, any claims of by End-Users relating to viruses, system failures or other interruptions of IMPRESSNet(R▇▇▇▇▇▇▇▇▇▇.▇▇▇(R) Services due to the conduct of PFPC or its third party service providers. Each party agrees the other shall not be liable for the actions or omissions of any third party wrongdoers (i.e., hackers not employed by such party or its affiliates) or of any third parties involved in the IMPRESSNet(R▇▇▇▇▇▇▇▇▇▇.▇▇▇(R) Services unless such party breached the standard of care specified herein or the terms hereof with respect to such third party acts or omissionsthat selection.

Appears in 1 contract

Sources: Transfer Agency Services Agreement (Equitable Premier Funds Trust)