Common use of Monitoring of Services Clause in Contracts

Monitoring of Services. Except as otherwise expressly set forth in a PSA, Comcast assumes no obligation to pre-screen or monitor Customer’s use of the Service, including without limitation postings and/or transmission. However, Customer acknowledges and agrees that Comcast and its agents shall have the right to pre-screen and monitor such use from time to time and to use and disclose such results to the extent necessary to operate the Service properly, to ensure compliance with applicable use policies, to protect the rights and/or property of Comcast, or in emergencies when physical safety is at issue, and that Comcast may disclose the same to the extent necessary to satisfy any law, regulation, or governmental request. Comcast shall have no liability or responsibility for content received or distributed by Customer or its users through the Service, and Customer shall indemnify, defend, and hold Comcast and its directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns harmless from any and all claims, damages, and expenses whatsoever (including reasonable attorneys’ fees) arising from such content attributable to Customer or its users. For the avoidance of doubt, the monitoring of data described in this Section 9.6 refers to aggregate data and types of traffic (protocol, upstream/downstream utilization, etc.). Comcast does not have access to the content of encrypted data transmitted across Comcast networks.

Appears in 2 contracts

Samples: Services Agreement, Enterprise Services Master Services Agreement

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Monitoring of Services. Except as otherwise expressly set forth in a PSA, Comcast Sistema Technologies assumes no obligation to pre-screen or monitor Customer’s use of the Gov2Biz Service, including without limitation postings and/or transmission. However, Customer acknowledges and agrees that Comcast Sistema Technologies and its agents shall have the right to pre-pre- screen and monitor such use from time to time and to use and disclose such results to the extent necessary to operate the Service properly, to ensure compliance with applicable use policies, to protect the rights and/or property of Comcast, or in emergencies when physical safety is at issueSistema Technologies, and that Comcast Sistema Technologies may disclose the same to the extent necessary to satisfy any law, regulation, or governmental request. Comcast Sistema Technologies shall have no liability or responsibility for content received or distributed by Customer or its users through the Service, and Customer shall indemnify, defend, and hold Comcast Sistema Technologies and its directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns harmless from any and all claims, damages, and expenses whatsoever (including reasonable attorneys’ fees) arising from such content attributable to Customer or its users. For the avoidance of doubt, the monitoring of data described in this Section 9.6 refers to aggregate data and types of traffic (protocol, upstream/downstream utilization, etc.). Comcast does not have access to the content of encrypted data transmitted across Comcast networks.

Appears in 2 contracts

Samples: Enterprise Services Master Services Agreement, Enterprise Services Master Services Agreement

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Monitoring of Services. Except as otherwise expressly set forth in a PSA, Comcast TMG assumes no obligation to pre-screen or monitor Customer’s use of the Service, including without limitation postings and/or transmission. However, Customer acknowledges and agrees that Comcast TMG and its agents shall have the right to pre-screen and monitor such use from time to time and to use and disclose such results to the extent necessary to operate the Service properly, to ensure compliance with applicable use policies, to protect the rights and/or property of ComcastTMG, or in emergencies when physical safety is at issue, and that Comcast TMG may disclose the same to the extent necessary to satisfy any law, regulation, or governmental request. Comcast TMG shall have no liability or responsibility for content received or distributed by Customer or its users through the Service, and Customer shall indemnify, defend, and hold Comcast TMG and its directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns harmless from any and all claims, damages, and expenses whatsoever (including reasonable attorneys’ fees) arising from such content attributable to Customer or its users. For the avoidance of doubt, the monitoring of data described in this Section 9.6 refers to aggregate data and types of traffic (protocol, upstream/downstream utilization, etc.). Comcast TMG does not have access to the content of encrypted data transmitted across Comcast TMG networks.

Appears in 1 contract

Samples: Enterprise Services Master Services Agreement

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