Disclaimer of Warranties; Limitation of Liability.

1. The Network and services provided by HYT , their use by Affiliate, and the results of such use are provided on an "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HYT MAKES NO WARRANTIES, GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. HYT DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. ALL SERVICES ARE CONTINGENT UPON HYT 'S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND HYT IS NOT RESPONSIBLE FOR DELAYS CAUSED BY A FORCE MAJEURE EVENT (AS DEFINED BELOW), COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. HYT WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES. HYT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

2. EXCEPT AS EXPRESSLY PROVIDED BELOW WITH RESPECT TO INDEMNIFICATION AND CONFIDENTIALITY, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THEIR OCCURRENCE; AND B) UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR AN AMOUNT GREATER THAN THE NET FEES ACTUALLY PAID BY ADVERTISER TO HYT PURSUANT TO THIS AGREEMENT WITHIN THE PREVIOUS SIX (6) MONTH PERIOD OF THE INCIDENT LEADING TO THE LIABILITY. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST HYT MORE THAN ONE YEAR AFTER THE DATE ON WHICH THE CAUSE OF ACTION AROSE.