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Section 3.10 Warranties. EXCEPT AS MAY BE OTHERWISE <br /> SPECIFICALLY SET FORTH IN THE QUOTE, 72 MAKES NO REPRESENTATIONS OR <br /> WARRANTIES CONCERNING THE HOSTING SERVICES, EXPRESS OR IMPLIED, <br /> INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY <br /> AND FITNESS FOR A PARTICULAR PURPOSE. <br /> Section 3.11 Performance. ALTHOUGH T2 WILL TAKE <br /> REASONABLE STEPS TO PROVIDE ERROR-FREE AND CONTINUOUS HOSTING <br /> SERVICES, T2 DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE <br /> HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AS A RESULT, <br /> THE- HOSTING SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY <br /> KIND. <br /> Article 4. PROFESSIONAL SERVICES. <br /> Section 4.1 Applicability. The provisions of this Article 4 apply only if <br /> the Quote states that T2 will provide web site development services or other custom development <br /> services(collectively,the"Professional Services"). <br /> Section 4.2 Web Site. 12 shall provide a Web Site for Subscriber. T2 <br /> and Subscriber contemplate that the Web Site will be enhanced over time and unless T2 is <br /> providing Hosting Services,the Web Site will be hosted by Subscriber. <br /> Section 4.3 License. Subject to payment by Subscriber of any Web Site <br /> Fee which is due,T2 grants to Subscriber a non-exclusive right to use the Web Site prototype and <br /> any additional enhancements or customization in connection with the use of the Software under <br /> the same Terms and Conditions. <br /> Section 4.4 Web Site Development. If the Subscriber determines that <br /> the Web Site requires additional enhancements or customization, T2 shall provide development <br /> services relating to the Web Site. T2's services in assisting Subscriber in this regard shall be <br /> provided on a Time and Materials Basis. <br /> Article 5. TECHNICAL SUPPORT <br /> Section.5.1 Technical Support Services. T2 offers the Subscriber <br /> technical supportas described in Section 13.9. <br /> Section 5.2 Technical Support Hours. T2 offers Technical Support <br /> from 8:00 a.m. EST to 8:00 p.m. EST Monday through Friday excluding holidays. The Target <br /> Response Time is two(2)hours. <br /> Section 5.3 Updates and Enhancements. To the extent that T2 <br /> releases an updated or enhanced version of the Software during the Subscription Term, T2 will <br /> make the updated version available for download by Subscriber at no additional charge. <br /> Subscriber shall be permitted to use the updates and enhancements to the extent provided in <br /> Article 1. <br /> Section 5.4 Technical Support Exclusions. T2 will not be <br /> responsible for failure to correct a problem to the extent that T2 is unable to replicate the <br /> VERSION 080212 6 <br />