Common use of CUSTOMER’S OBLIGATIONS AND LIABILITIES Clause in Contracts

CUSTOMER’S OBLIGATIONS AND LIABILITIES. The Customer agrees to use his/its power, authority and capabilities to enter into this Agreement and perform his/its obligations as provided hereunder. The Customer agrees to communicate to OVHcloud his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified. The Customer is solely and exclusively responsible for the passwords that are required in order to use the Service. OVHcloud is not responsible for the illegal or fraudulent use of passwords made available to the Customer. The passwords provided are considered confidential. The Customer shall be solely liable, at the exclusion of OVHcloud, in the event of any suspicion that the passwords provided have been disclosed, whether intentionally or not. The Customer alone shall bear all the consequences of a malfunction of the Service resulting from the use by his/its staff or by any other person to whom the Customer has provided his/its password(s). The Customer shall also bear all the consequences resulting from the loss of such password(s). The Customer hereby agrees to comply with all legal and regulatory requirements in force, and, more specifically, with those pertaining to software, files, freedom and intellectual property, as well as the rights of third parties. The HEBERGEMENT OVH INC. 000-000,0 Xxxxxx XxXxxx Xxxxxxx, Montréal (Québec) QC, Canada H3A 2N4 Customer also agrees to take out all required insurance policies from a well known solvent insurer, in order to cover all damages attributable to the Customer in connection with this Agreement or the performance thereof. The Customer hereby fully accepts all legal obligations arising from the administration of their Services. OVHcloud cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the lawsor regulations applicable to the Customer's Services. Non-compliance by the Customer with the aforementionedpoints detailed in OVHcloud’s Special Conditions, and especially with any activity likely to generate a civil and/or penalliability will give OVHcloud the right to immediately disconnect and/or stop the Customer's Services without prior notice,and to immediately and lawfully terminate this Agreement, without prejudice to the right to all damages andinterest that OVHcloud may claim. The Customer undertakes to settle directly with a claimant, any sum demanded from OVHcloud by such claimant. Moreover, the Customer undertakes to intervene at the request of OVHcloud in any proceedings brought against OVHcloud and shall indemnify and hold harmless OVHcloud from any and all such third party claims. Consequently, the Customerundertakes to address any third party complaint and/or procedure, regardless of form, object or nature, that isbrought against OVHcloud and is related to the Customer's obligations under this Agreement. The Customer hereby agrees to inform OVHcloud within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords. Whenever contacting OVHcloud, the Customer agrees to clearly describe his/its request in compliance with the terms of use. When suspicious activity (SPAM violation of copyright, Attack, Phishing, illegal content, DoS PortScan ...) isdetected by OVHcloud or reported by a third party, OVHcloud may contact the Customer by email (and optionally attach a copyof the complaint received). It is expected that the Customer respond to the notification within the time limit (24, 48 or72 hours depending on the nature of the case) to provide its comments and intentions. Failure to respond could result in the suspension / termination of service.

Appears in 2 contracts

Samples: General Terms and Conditions of Service, General Terms and Conditions of Service

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CUSTOMER’S OBLIGATIONS AND LIABILITIES. The Customer agrees to use his/its power, authority and capabilities to enter into this Agreement and perform his/its obligations as provided hereunder. The Customer agrees to communicate to OVHcloud OVH his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified. OVH reserves the right to request supporting documentation from the Customer to ensure the accuracy of their information. The Customer is solely and exclusively responsible for the passwords that are required in order to use the Service. OVHcloud OVH is not responsible for the illegal or fraudulent use of passwords made available to the Customer. The passwords provided are considered confidential. The Customer shall be solely liable, at the exclusion of OVHcloudOVH, in the event of any suspicion that the passwords provided have been disclosed, whether intentionally or not. The Customer alone shall bear all the consequences of a malfunction of the Service resulting from the use by his/its staff or by any other person to whom the Customer has provided his/its password(s). The Customer shall also bear all the consequences resulting from the loss of such password(s). The Customer hereby agrees to comply with all legal and regulatory requirements in force, and, more specifically, with those pertaining to software, files, freedom and intellectual property, as well as the rights of third parties. The HEBERGEMENT OVH INC. 000-000,0 Xxxxxx XxXxxx Xxxxxxx, Montréal (Québec) QC, Canada H3A 2N4 Customer also agrees to take out all required insurance policies from a well known solvent insurer, in order to cover all damages attributable to the Customer in connection with this Agreement or the performance thereof. The Customer hereby fully accepts all legal obligations arising from the administration of their Services. OVHcloud OVH cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the lawsor laws or regulations applicable to the Customer's Services. Non-compliance by the Customer with the aforementionedpoints aforementioned points detailed in OVHcloudOVH’s Special Conditions, and especially with any activity likely to generate a civil and/or penalliability penal liability will give OVHcloud OVH the right to immediately disconnect and/or stop the Customer's Services without prior notice,, and to immediately and lawfully terminate this Agreement, without prejudice to the right to all damages andinterest and interest that OVHcloud OVH may claim. The Customer undertakes to settle directly with a claimant, any sum demanded from OVHcloud OVH by such claimant. Moreover, the Customer undertakes to intervene at the request of OVHcloud OVH in any proceedings brought against OVHcloud OVH and shall indemnify and hold harmless OVHcloud OVH from any and all such third party claims. Consequently, the Customerundertakes Customer undertakes to address any third party complaint and/or procedure, regardless of form, object or nature, that isbrought is brought against OVHcloud OVH and is related to the Customer's obligations under this Agreement. The Customer hereby agrees to inform OVHcloud OVH within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords. Whenever contacting OVHcloudOVH, the Customer agrees to clearly describe his/its request in compliance with the terms of use. When suspicious activity (SPAM SPAM, violation of copyright, Attack, Phishing, illegal content, DoS PortScan ...) isdetected is detected by OVHcloud OVH or reported by a third party, OVHcloud OVH may contact the Customer Client by email (and optionally attach a copyof copy of the complaint received). It is expected that the Customer Client respond to the notification within the time limit (24, 48 or72 or 72 hours depending on the nature of the case) to provide its comments and intentions. Failure to respond could result in the suspension / termination of service.

Appears in 2 contracts

Samples: General Terms, General Terms And

CUSTOMER’S OBLIGATIONS AND LIABILITIES. The Customer agrees to use his/its power, authority and capabilities to enter into this Agreement and perform his/its obligations as provided hereunder. The Customer agrees to communicate to OVHcloud NEXUS his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified. NEXUS reserves the right to request supporting documentation from the Customer to ensure the accuracy of their information. The Customer is solely and exclusively responsible for the passwords that are required in order to use the Service. OVHcloud Customer explicitly agrees not to disrupt or contravene such additional monitoring and access as NEXUS may install into servers for internal management. NEXUS is not responsible for the illegal or fraudulent use of passwords made available to the Customer. The passwords provided are considered confidential. The Customer shall be solely liable, at the exclusion of OVHcloudNEXUS, in the event of any suspicion that the passwords provided have been disclosed, whether intentionally or not. The Customer alone shall bear all the consequences of a malfunction of the Service resulting from the use by his/its staff or by any other person to whom the Customer has provided his/its password(s). The Customer shall also bear all the consequences resulting from the loss of such password(s). The Customer hereby agrees to comply with all legal and regulatory requirements in force, and, more specifically, with those pertaining to software, files, freedom and intellectual property, as well as the rights of third parties. The HEBERGEMENT OVH INC. 000-000,0 Xxxxxx XxXxxx Xxxxxxx, Montréal (Québec) QC, Canada H3A 2N4 Customer also agrees to take out all required insurance policies from a well well- known solvent insurer, in order to cover all damages attributable to the Customer in connection with this Agreement or the performance thereof. The Customer hereby fully accepts all legal obligations arising from the administration of their Services. OVHcloud NEXUS cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the lawsor laws or regulations applicable to the Customer's Services. Non-compliance by the Customer with the aforementionedpoints aforementioned points detailed in OVHcloud’s NEXUS’ Special Conditions, and especially with any activity likely to generate a civil and/or penalliability penal liability will give OVHcloud NEXUS the right to immediately disconnect and/or stop the Customer's Services without prior notice,, and to immediately and lawfully terminate this Agreement, without prejudice to the right to all damages andinterest and interest that OVHcloud NEXUS may claim. The Customer undertakes to settle directly with a claimant, any sum demanded from OVHcloud NEXUS by such claimant. Moreover, the Customer undertakes to intervene at the request of OVHcloud NEXUS in any proceedings brought against OVHcloud NEXUS and shall indemnify and hold harmless OVHcloud NEXUS from any and all such third party claims. Consequently, the Customerundertakes Customer undertakes to address any third party complaint and/or procedure, regardless of form, object or nature, that isbrought is brought against OVHcloud NEXUS and is related to the Customer's obligations under this Agreement. The Customer hereby agrees to inform OVHcloud NEXUS within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords. Whenever contacting OVHcloudNEXUS, the Customer agrees to clearly describe his/its request in compliance with the terms of use. When suspicious activity (SPAM violation of copyright, Attack, Phishing, illegal content, DoS PortScan ...) isdetected is detected by OVHcloud NEXUS or reported by a third party, OVHcloud NEXUS may contact the Customer Client by email (and optionally attach a copyof copy of the complaint received). It is expected that the Customer Client respond to the notification within the time limit (24, 48 or72 or 72 hours depending on the nature of the case) to provide its comments and intentions. Failure to respond could result in the suspension / termination of service.

Appears in 1 contract

Samples: Agreement

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CUSTOMER’S OBLIGATIONS AND LIABILITIES. The Customer agrees to comply with all legal and regulatory requirements, particularly those relating to computers, files, freedoms, intellectual property and the rights of others. The Customer undertakes to take all necessary insurance with a reputable insurance agency to cover any damages. On the other hand, the customer acknowledges that this Agreement may be suspended temporarily or permanently in the event that commercial and / or technical activities of the Customer are likely to be detrimental to OVH and / or its infrastructure. The Customer agrees to use his/its power, authority and capabilities to enter into this Agreement and perform his/its obligations as provided hereunder. The Customer agrees to communicate to OVHcloud OVH his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified. OVH reserves the right to request supporting documentation from the Customer to ensure the accuracy of their information. The Customer is solely and exclusively responsible for the passwords that are required in order to use the Service. OVHcloud OVH is not responsible for the illegal or fraudulent use of passwords made available to the Customer. The passwords provided are considered confidential. The Customer shall be solely liable, at the exclusion of OVHcloudOVH, in the event of any suspicion that the passwords provided have been disclosed, whether intentionally or not. The Customer alone shall bear all the consequences of a malfunction of the Service resulting from the use by his/its staff or by any other person to whom the Customer has provided his/its password(s). The Customer shall also bear all the consequences resulting from the loss of such password(s). The Customer hereby agrees to comply with all legal and regulatory requirements in force, and, more specifically, with those pertaining to software, files, freedom and intellectual property, as well as the rights of third parties. The HEBERGEMENT OVH INC. 000-000,0 Xxxxxx XxXxxx Xxxxxxx, Montréal (Québec) QC, Canada H3A 2N4 Customer also agrees to take out all required insurance policies from a well known solvent insurer, in order to cover all damages attributable to the Customer in connection with this Agreement or the performance thereof. The Customer hereby fully accepts all legal obligations arising from the administration of their Services. OVHcloud OVH cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the lawsor laws or regulations applicable to the Customer's Services. Non-compliance by the Customer with the aforementionedpoints aforementioned points detailed in OVHcloudOVH’s Special Conditions, and especially with any activity likely to generate a civil and/or penalliability penal liability will give OVHcloud OVH the right to immediately disconnect and/or stop the Customer's Services without prior notice,, and to immediately and lawfully terminate this Agreement, without prejudice to the right to all damages andinterest and interest that OVHcloud OVH may claim. The Customer undertakes to settle directly with a claimant, any sum demanded from OVHcloud OVH by such claimant. Moreover, the Customer undertakes to intervene at the request of OVHcloud OVH in any proceedings brought against OVHcloud OVH and shall indemnify and hold harmless OVHcloud OVH from any and all such third party claims. Consequently, the Customerundertakes Customer undertakes to address any third party complaint and/or procedure, regardless of form, object or nature, that isbrought is brought against OVHcloud OVH and is related to the Customer's obligations under this Agreement. The Customer hereby agrees to inform OVHcloud OVH within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords. Whenever contacting OVHcloudOVH, the Customer agrees to clearly describe his/its request in compliance with the terms of use. When suspicious activity (SPAM violation of copyright, Attack, Phishing, illegal content, DoS PortScan ...) isdetected is detected by OVHcloud OVH or reported by a third party, OVHcloud OVH may contact the Customer Client by email (and optionally attach a copyof copy of the complaint received). It is expected that the Customer Client respond to the notification within the time limit (24, 48 or72 or 72 hours depending on the nature of the case) to provide its comments and intentionsintensions. Failure to respond could result in the suspension / termination of service. Services contracted by an individual must be paid by a personal mean of payment of the individual; services contracted by an organization must be paid by a means payment directly associated with the organization or a member of the organization. Unless prior agreement, payment by third parties is not permitted and may result in a breach of contract.

Appears in 1 contract

Samples: General Terms and Conditions of Service

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