Customer’s Use of the Services. (a) Accounts/User IDs. Customer will be provided with one or more User IDs to access the Services through the Account. Customer represents and warrants that: (1) all information Customer provides in connection with registering for the Account or placing an Order (“Registration Information”) is true, accurate, current, and complete; and (2) Customer will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account. Customer will be responsible for ensuring the security and confidentiality of all User IDs. Customer acknowledges that Customer will be fully responsible for all liabilities incurred through use of any User ID (whether lawful or unlawful) and that any transactions completed under a User ID will be deemed to have been lawfully completed by Customer. In no event will Skyline be liable for the foregoing obligations or the failure by Customer to fulfill such obligations.
Customer’s Use of the Services. 5.1. The Customer shall only permit Authorised Users to access and use the Services or any Software. At no time shall the Customer permit the number of Authorised Users to exceed the number of Maximum Users.
5.2. The Customer agrees to comply with the terms of the Third Party Host’s Terms of Use and its policies from time to time in respect of the Customer’s use of the Third Party Host’s Services and any Customer Data stored and processed on the Third Party Host’s Platform.
5.3. The Supplier reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer’s access to any material that breaches the provisions of this clause.
5.4. The Customer shall not:
5.4.1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Agreement:
5.4.1.1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software or the Services in any form or media or by any means; or
5.4.1.2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or the Services; or
5.5. access all or any part of the Services in order to build a product or service which competes with the Services; or
5.5.1. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software or the Services available to or accessible by any third party except the Authorised Users; or
5.5.2. attempt to obtain, or assist third parties in obtaining, access to the Software or the Services, other than as provided under this clause 5.
5.6. The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Software or the Services and, in the event of becoming aware of any such unauthorised access or use, promptly notify the Supplier.
5.7. The rights provided under this Agreement are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.
Customer’s Use of the Services. 2.1 Except as authorized in these Terms of Service, Customer will not: (a) authorize any Person to access and/or use the Services other than Customer’s Authorized Users; (b) rent, lease, loan, export or sell access to the Services to any third party except Customer’s Authorized Users; or (c) Abuse the Service. For purposes of clarification, and notwithstanding the foregoing, this Section 2.1 shall not be deemed to prevent Customer from reselling the Services to Tenants if Customer is a Subscriber.
2.2 If Customer is a Subscriber, Customer agrees that it will not resell the Service to any Tenant without first entering into with the Tenant a Tenant Customer Agreement which includes as an exhibit, incorporated into the body of such agreement, a copy of these Provider Terms of Service. Further, Customer agrees that it will make no representation, warranty, or covenant (whether express or implied) regarding the Services in any way. Notwithstanding anything to the contrary, Provider makes no representation, warranty, or covenant and shall have no liability whatsoever to Subscriber in its capacity as a reseller of the Services to Tenants. Provider makes no representation, warranty, or covenant and shall have no liability whatsoever to any Tenant and no Tenant shall be deemed a third-party beneficiary of these Terms of Service nor of any Agreement between Provider and Internet2.
2.3 Customer agrees to (i) follow traffic redirection actions in accordance with the Traffic Redirection Command Policy and (ii) disclose to Provider all information necessary so as to enable Provider to configure the Service, including Customer IP addresses subscribed to the Service (which such addresses must be tied to a valid ORG ID in the appropriate registry (ARIN, RIPE, APNIC, LACNIC, AFRINIC, etc.)). Customer will further notify Provider in writing about any new Protected Assets and/or any changes in any Protected Assets that may affect the Service.
2.4 Provider will ensure that all servers that will transmit or process Customer’s traffic are located only in datacenters located in the continental United States and will not send any traffic originating in the United States to Scrubbing Centers located outside of the United States. Customer acknowledges, agrees and consents that in order
2.5 Customer further acknowledges and agrees that, when applicable, Customer is the Data Controller of the Customer’s Personal Information and as such Customer will comply with its obligations as Data...
Customer’s Use of the Services. (1.a) Accounts/User IDs. Customer will be provided with one or more User IDs to access the Services through the Account. Your Order Form specifies the number of user IDs and Read‐Only IDs provided by Meritage to Customer under this agreement (“Subscription Cap”). Each User ID shall be linked to a single User and Customer agrees to limit usage of a User ID to the individual to which the User ID is assigned. Customer may request to increase the number of Users and the parties shall establish the terms under which such additional Users will be added. Customer shall use, and shall ensure that Users use, commercially reasonable efforts to ensure the security and confidentiality of all User IDs. In the event that the confidentiality of a User ID is or may be compromised, Customer shall promptly advise Meritage of the potential or actual compromise. Customer shall be responsible for the use of a User ID by unauthorized users. (1.b)
Customer’s Use of the Services. 2.1 Customer’s Responsibilities. Customer is responsible for:
(i) Customer’s and Customer’s Users’ compliance with this MSA and all of its schedules and addenda;
(ii) maintaining appropriate administrative, physical, and technical safeguards for protecting the security, confidentiality, and integrity of all electronic data or information belonging to or created by Customer, including Client Data, text messages or other materials uploaded, posted, or stored through Customer’s and Customers’ Users’ use of the Services which Customer or Customer’s Users may access;
(iii) the accuracy, quality, and legality of Client Data and the means by which Customer and Customer’s Users acquire Client Data;
(iv) managing Customer’s Users' identity and password combinations for use of and access to the Services;
(v) using commercially reasonable efforts to prevent password theft or loss, or unauthorized access to or use of the Services and notifying AlayaCare promptly of any password theft, security breach, or other unauthorized access to or use of the Services; and
(vi) using the Services only in accordance with AlayaCare’s documentation and all applicable local, state or provincial, federal, and/or international laws, rules and government regulations relating to Customer’s and Customers’ Users’ use of the Services and Customer’s provision of home care and home healthcare services to Customer’s clients.
Customer’s Use of the Services. 3.1 Customer shall use the services exclusively for the contractual purpose within the contractual area in compliance with these Terms. It shall analogously provide for compliance with the contractual regulations on the side of its end customers if the contractual purpose comprises a transmission of the services to its end customers.
3.2 Customer shall use the services exclusively for the contractual purpose within the contractual area in compliance with these Terms. It shall analogously provide for compliance with the contractual regulations on the side of its end customers if the contractual purpose comprises a transmission of the services to its end customers.
3.3 Customer shall ensure that the services provided under these Terms shall be used by Customer and its end users for the contractual purpose only and not in any manner that:
a) involves the provision of services via the connection services that enable an end user – also via a proxy server, gateway or router – to access a publicly accessible destination (i.e. a public IP address), unless the use of the public IP address is for the purposes of configuration and effi- cient use of the M2M services in accordance with these Terms;
b) would result in a violation of copyrights, trade marks, business secrets or other third-party intel- lectual property rights;
c) would interfere with the use of a network by other users or bypass security measures, irrespec- tive of whether such unauthorised access results in loss or falsification of data;
d) could result in a hazard for life, limb and health of other persons or in environmental damage.
e) Irrespective of clause 3.4 (e), the Customer has the right to sell its own products comprising the XXXx to end users if agreed to between the parties as a contractual purpose.
3.4 The Customer shall refrain from and oblige its end users to refrain from:
a) modifying, adjusting, amending, or translating the services or XXXx, or creating derivative works therefrom;
b) combining the XXXx using them together with other hardware, software, products or services that are not in accordance with the purpose of these Terms or have not been expressly approved by ifm;
c) sub-licensing, leasing, renting, loaning, or otherwise transferring the XXXx to third parties, ex- cept to end users;
d) reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code or object code of the XXXx or software running on the XXXx;
e) reselling or using the services...
Customer’s Use of the Services. 5.1. Customer agrees that:
(a) Customer will not permit anyone other than an authorized representative of Customer’s organization to obtain access to the Services using Customer’s Access Information, and will only use the Services in accordance with this Agreement and applicable law;
(b) Customer will ensure that any registration or account information that is provided to HealthIM pursuant to this Agreement (including corporate and payment information) is true, accurate, current and complete;
(c) Customer will be solely responsible for all activities with respect to the Services undertaken by Customer;
(d) Customer will not use the Services to provide commercial services to, or for the benefit of, any third party;
(e) Customer represents and warrants that Customer has the right and the authority to enter into this Agreement, to use the Services, and to transmit the data contemplated hereunder to HealthIM;
(f) Customer will ensure that Customer’s use of the Services does not interfere with, degrade, or adversely affect any software, system, network or data used by HealthIM and other users of services offered by HealthIM (including by ensuring that Customer does not upload any viruses or other harmful code in using the Services or by placing an undue burden upon the CPUs, servers or other resources used to provide the Services);
(g) Customer will not in any way use the Services to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any infringement of intellectual property rights, any fraudulent activities, any deceptive impersonation, or any activities that violate any third party’s privacy rights;
(h) Customer will not interfere with or in any manner compromise any of HealthIM’s security measures; and
(i) Customer will cooperate with HealthIM and provide information requested by HealthIM to assist HealthIM and/or relevant authorities in investigating or determining whether there has been a breach of this Agreement or applicable law. Without limiting the foregoing, Customer agrees not to violate any applicable laws, the rights of others, or the operational and security mechanisms of the Services.
5.2. The Services will be subject to the usage policies as provided to Customer by HealthIM from time to time, including in electronic form by posting on HealthIM’s website. Such policies may include equipment and/or software requirements. Customer is solely responsible for compliance with such ...
Customer’s Use of the Services. Customer agrees not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Users in furtherance of its internal business purposes as expressly permitted by this Agreement; (b) use the Service(s) to Process data on behalf of any third party other than Customer’s Users and End-Users; (c) modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks; (d) falsely imply any sponsorship or association with Provider; (e) use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Service(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights; (h) use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components; (i) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s); (j) use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Service(s) to store or transmit any “protected health information” as that term is defined in 45 C.F.R. 160.103 unless expressly agreed to otherwise in writing by Provider; (l) use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (m) establish a link to the Websites in such a way as to suggest any form of association, approval or endorsement on Provider’s part where none exists; (n) use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law; (o) use of the Service(s) for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology; (p) try to us...
Customer’s Use of the Services
