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 Divvy Hosting his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified. Divvy Hosting 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. Divvy Hosting 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 Divvy Hosting, 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 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. Divvy Hosting cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the laws or regulations applicable to the Customer's Services. Non-compliance by the Customer with the aforementioned points detailed in Divvy Hosting’s Special Conditions, and especially with any activity likely to generate a civil and/or penal liability will give Divvy Hosting 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 and interest that Divvy Hosting may claim. The Customer undertakes to settle directly with a claimant, any sum demanded from Divvy Hosting by such claimant. Moreover, the Customer undertakes to intervene at the request of Divvy Hosting in any proceedings brought against Divvy Hosting and shall indemnify and hold harmless Divvy Hosting from any and all such third party claims. Consequently, the Customer undertakes to address any third party complaint and/or procedure, regardless of form, object or nature, that is brought against Divvy Hosting and is related to the Customer's obligations under this Agreement.. The Customer hereby agrees to inform Xxxxx Hosting within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords. Whenever contacting Xxxxx Hosting, 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...) is detected by Divvy Hosting or reported by a third party, Divvy Hosting may contact the Client by email (and optionally attach a copy of the complaint received). It is expected that the Client respond to the notification within the time limit (24, 48 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: 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 Divvy Hosting OVH his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified. Divvy Hosting 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. Divvy Hosting 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 Divvy HostingOVH, 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 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 thereof. The Customer hereby fully accepts all legal obligations arising from the administration of their Services. Divvy Hosting OVH cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the laws or regulations applicable to the Customer's Services. Non-compliance by the Customer with the aforementioned points detailed in Divvy HostingOVH’s Special Conditions, and especially with any activity likely to generate a civil and/or penal liability will give Divvy Hosting 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 and interest that Divvy Hosting OVH may claim. The Customer undertakes to settle directly with a claimant, any sum demanded from Divvy Hosting OVH by such claimant. Moreover, the Customer undertakes to intervene at the request of Divvy Hosting OVH in any proceedings brought against Divvy Hosting OVH and shall indemnify and hold harmless Divvy Hosting OVH from any and all such third party claims. Consequently, the Customer undertakes to address any third party complaint and/or procedure, regardless of form, object or nature, that is brought against Divvy Hosting OVH and is related to the Customer's obligations under this Agreement.. . The Customer hereby agrees to inform Xxxxx Hosting OVH within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords. Whenever contacting Xxxxx HostingOVH, 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 PortScanPortScan ...) is detected by Divvy Hosting OVH or reported by a third party, Divvy Hosting OVH may contact the Client by email (and optionally attach a copy of the complaint received). It is expected that the Client respond to the notification within the time limit (24, 48 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: 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 Divvy Hosting Nuagerie his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified. Divvy Hosting Nuagerie 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. Divvy Hosting Nuagerie 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 Divvy HostingNuagerie , 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 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 thereof. The Customer hereby fully accepts all legal obligations arising from the administration of their Services. Divvy Hosting Nuagerie cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the laws or regulations applicable to the Customer's Services. Non-compliance by the Customer with the aforementioned points detailed in Divvy HostingNuagerie’s Special Conditions, and especially with any activity likely to generate a civil and/or penal liability will give Divvy Hosting Nuagerie 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 and interest that Divvy Hosting Nuagerie may claim. The Customer undertakes to settle directly with a claimant, any sum demanded from Divvy Hosting by such claimant. Moreover, the Customer undertakes to intervene at the request of Divvy Hosting in any proceedings brought against Divvy Hosting and shall indemnify and hold harmless Divvy Hosting from any and all such third party claims. Consequently, the Customer undertakes to address any third party complaint and/or procedure, regardless of form, object or nature, that is brought against Divvy Hosting and is related to the Customer's obligations under this Agreement.. The Customer hereby agrees to inform Xxxxx Hosting Nuagerie within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords. Whenever contacting Xxxxx HostingNuagerie, 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...) is detected by Divvy Hosting or reported by a third party, Divvy Hosting may contact the Client by email (and optionally attach a copy of the complaint received). It is expected that the Client respond to the notification within the time limit (24, 48 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: 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 Divvy Lanka Web Hosting his/its accurate and updated contact information upon the creation of the Customer Account and each time such information is modified. Divvy Lanka Web Hosting 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. Divvy Lanka Web Hosting 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 Divvy Lanka Web Hosting, 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 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. Divvy Lanka Web Hosting cannot be held liable or investigated in this respect for any reason, especially in the event of a violation of the laws or regulations applicable to the Customer's Services. Non-compliance by the Customer with the aforementioned points detailed in Divvy Lanka Web Hosting’s Special Conditions, and especially with any activity likely to generate a civil and/or penal liability will give Divvy Lanka Web Hosting 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 and interest that Divvy Lanka Web Hosting may claim. The Customer undertakes to settle directly with a claimant, any sum demanded from Divvy Lanka Web Hosting by such claimant. Moreover, the Customer undertakes to intervene at the request of Divvy Lanka Web Hosting in any proceedings brought against Divvy Lanka Web Hosting and shall indemnify and hold harmless Divvy Lanka Web Hosting from any and all such third party claims. Consequently, the Customer undertakes to address any third party complaint and/or procedure, regardless of form, object or nature, that is brought against Divvy Lanka Web Hosting and is related to the Customer's obligations under this Agreement.. The Customer hereby agrees to inform Xxxxx Lanka Web Hosting within 48 hours of any changes in his/its situation, and within 24 hours, of any lost passwords. Whenever contacting Xxxxx Lanka Web Hosting, 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...) is detected by Divvy Lanka Web Hosting or reported by a third party, Divvy Lanka Web Hosting may contact the Client by email (and optionally attach a copy of the complaint received). It is expected that the Client respond to the notification within the time limit (24, 48 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: General Terms and Conditions Of

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