Warranty/Limitation of Liability:
Customer hereby agrees that BiGiHosting makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that BiGiHosting shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from BiGiHosting to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. BigiHosting's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, BiGiHosting shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL  BIGIHOSTING BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF HOSTINGNT PURSUANT TO THIS AGREEMENT. BIGIHOSTING MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY BIGIHOSTING ARE HEREBY EXCLUDED AND DISCLAIMED.

Indemnity By Customer:
CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY HOSTINGNT, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF HOSTINGNT'S SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF BIGIHOSTING HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF BIGIHOSTING'S REASONABLE ATTORNEY'S FEES