Abuse of Services. Unless specifically allowed in this Agreement, Publisher will not authorize or engage in, or engage or enable a third party, on Publisher’s behalf, to do any of the following:
(a) Queries or clicks generated by any automated or fraudulent means
(b) Queries or clicks on Results generated by misleading or incentivized means, including: (i) blind links (where users do not know that they will be performing a Query or clicking on a Result); (ii) pre-populating the Search Box; (iii) Queries or clicks required in order to obtain some benefit or perform another function, such as leaving a webpage or closing a window; (iv) Publisher, its employees, contractors or agents clicking on the Results except in the course of normal individual use; or (v) offering a user any pecuniary or other in kind inducement to search or click on the Results.
(c) Unauthorized implementations, including: (i) use, display, syndication, sublicensing or delivery of the Links, Results or Marks anywhere other than on Publisher’s Offerings (which shall not include the use, display or delivery of links to a Landing Page or a Domain Results Page displayed in connection with Publisher’s Offerings for purposes of advertising or generating traffic to such Publisher’s Offerings); (ii) Links placed on or Queries from or after 404 or other error messages using a downloadable application; (iii) (1) Queries from or the display of Links within pop-over windows, (2) the display of Results within pop over or pop under windows, (3) Queries from, or displays of Results or Links in or through a downloadable application or an email; or (iv) using a software application that is downloaded to a user’s computers to drive traffic to any website on which Links or Results appear unless the application has been expressly approved by the user or approved by Overture;
(d) Sending Queries to Overture from users outside the Territory or masking the IP address of a user by Publisher;
(e) Adding, deleting or changing terms or characters of a Query by anyone other than the user; PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. Execution Copy
(f) Display of anything (such as pop-up windows or expanding banners) that may obscure any portion of the Links or the Results or stripping, blocking, or filtering Results by any means or in any way preventing or in...
Abuse of Services. The customer hereby warrants and undertakes in favour of the supplier that the customer –
12.1. shall not use nor allow the services to be used for any improper, immoral or unlawful purpose, including, without limitation, attempting to utilise the services to route (or assist another party to route) transit traffic from other networks to the supplier, nor in any way which may cause injury or damage to persons or property or an impairment or interruption of the services;
12.2. shall comply with all relevant legislation and regulations imposed by any competent authority and all directives issued by the supplier relating to the services including its Acceptable Use Policy available on the supplier’s website, and hereby indemnifies the supplier for any losses, expenses, damages, harm or amount for which the supplier may become liable arising from or relating to the use of the services in any manner whatsoever which violates the terms of this agreement, the supplier’s Acceptable Use Policy or any law, legislation or regulations; and/or any claims made by any third party arising from the customer’s use of the services unless such losses, expenses, damages, harm or liability were directly attributable to the gross negligence or fraudulent intent of the supplier.
Abuse of Services. The customer hereby warrants and undertakes in favour of the supplier that the customer –
12.1. shall not use nor allow the services to be used for any improper, immoral or unlawful purpose, including, without limitation, attempting to utilise the services other networks to the supplier, nor in any way which may cause injury or damage to persons or property or an impairment or interruption of the services;
Abuse of Services. Unless specifically allowed or otherwise approved by Yahoo! in writing under this Agreement, [*]: [*]
Abuse of Services. Customer will use the NTS Services, and access the NTS Systems, only in a manner that is legal, lawful, ethical, and generally acceptable in the Internet community. Customer will not engage in, and will ensure that Customer’s resellers, customers, and End Users do not engage in, any activity which is, or may reasonably be deemed to (a) contravene applicable laws, including regulations, policies, and rules thereto, (b) create legal liability or other actual or potential material risk or harm to NTS, its Affiliates, NTS’s other Customers and end users, or NTS Systems, (c) be a material violation of this Agreement, or (d) be generally considered materially objectionable in the Internet community (any of which is an “Abuse of Services”). Without limiting the generality and scope of the definition of Abuse of Services in this Agreement, Abuse of Services include (i) infringement of a person’s intellectual property or other rights, (ii) publishing or transmitting material which is threatening, obscene, or defamatory, (iii) non-compliance with applicable anti-spam legislation, including the U.S. Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM Act), as amended, and Canada’ Anti-Spam Legislation (CASL), as amended, (iv) violation of applicable import or export control laws, regulations, and policies, and (v) system or network security violations. System or network security violations include the following: (A) unauthorized access to or use of data, systems or networks, including any attempt to ping, probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network); (B) interference with service to any user, host or network, including mail bombing, flooding, deliberate attempts to overload a system, denial of service attacks, and broadcast attacks;
Abuse of Services. Tenant agrees not to abuse the services and will turn off lights and equipment after normal working hours.
Abuse of Services. ATX reserves the right to withhold the provision of ATX Services to any BMW customers who abuse ATX Services. Abuse of ATX Services shall mean usage, unjustified by any emergency that materially interferes with the ability of ATX to efficiently provide Telematics Services to other customers. Examples of material interference include usage that jeopardizes ATX’s ability to meet answer speed requirements for its customers, which materially increases ATX’s cost of providing services, etc. Prior to withholding the provision of ATX Services, ATX shall notify BMW of its intention to withhold service and the reasons therefore. ATX will not withhold service if BMW reasonably objects to ATX’s withholding service by notifying ATX within 5 business days of receipt of ATX’s original notice, provided, however, that BMW guarantees relief from performance standards during the continuation of such provision of services.
Abuse of Services. Any use of the system that disrupts the normal use of the system for other Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to their computational, information, or communication devices or resources of others is a violation of this agreement. The use of NetsurfUSA services by Subscribers to modify, alter, reverse engineer, decompile disk, or disassemble any proprietary work in whatever form is a violation of this agreement. The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) or any other inter router protocol by Subscriber is a violation of this Agreement. Any Subscriber deemed by NetsurfUSA to be in violation of this section is subject to immediate termination by NetsurfUSA. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.
Abuse of Services. 5.2.1 You shall not use or allow any part of the Services to be used for, but not limited to, as follows:-
(i) for any unlawful purposes or for any purpose which shall be deemed unlawful, illegal, defamatory, immoral, fraudulent, deceit, threatening to the national security and/or public order and/or which is likely to encourage crime or lead to public disorder, and/or which instigate racism or otherwise prohibited.
(ii) to transmit, publish, upload, download, distribute or disseminate or post any contents (whether via SMS/Multimedia Messaging Service (MMS), text, data, voice, audio, visual, or any form) which may give rise to civil liability or otherwise violate any applicable laws, ordinances, rules or regulations or which may contain offensive element which shall be or deemed to be indecent, sexual, obscene, pornographic, profane, false, vulgar, defamatory, libelous, infringing, racially offensive, needless GTC ver. 01082020 anxiety, menacing and/or offensive in character with intent to annoy, abuse, threaten, offend, deprive or harass any person or the public;
(iii) in any manner which may constitute a violation or infringement of the rights of any party, including, but not limited to, their Intellectual Property or confidentiality or privacy rights;
(iv) to be resold or otherwise provided to third parties without NET2ONE’s prior written consent;
(v) in a manner that results in NET2ONE being liable for any loss or damages under any applicable laws, rules or regulations;
(vi) for knowingly or negligently transmitting or uploading any electronic material (including, without limitation to files that contain virus, corrupted files, or other similar software or programme) which is known or likely to cause or you have reason to believe that will interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by NET2ONE any third party;
(vii) which involve activities that are in breach of any other third party’s rights, including but not limited to downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or propriety designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material.
(viii) in a manner that result in distribution of viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routi...
Abuse of Services. Any use of the system that disrupts the normal use of the system for other Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to their computational, information, or communication devices or resources of others is a violation of this agreement. The use of Tri-County services by Subscribers to modify, alter, reverse engineer, decompile disk, or disassemble any proprietary work in whatever form is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) or any other inter-router protocol by subscriber is a violation of this Agreement. Any Subscriber deemed by Tri-County Wireless to be in violation of this section is subject to immediate termination by Tri-County Wireless. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.
