Common use of PROVISION AND USE OF THE SERVICES Clause in Contracts

PROVISION AND USE OF THE SERVICES. 2.1 A third party carrier via 2Connect shall provide each Service to the Customer for the applicable Term with reasonable skill and care and in accordance with the applicable Service Level Agreement and as specified in the Service Agreement. 2.2 We shall ensure that it complies at all times with all legislation, laws, codes of practice, and Licence conditions applicable to the provision of the Services, including any applicable obligations under the Data Protection Legislation. 2.3 The Customer shall ensure that it complies at all times with all legislation, codes of practice and licence conditions applicable to its use of the Services, including any applicable obligations under the Data Protection Legislation, any reasonable policies of 2Connect regarding the use of any Services which are advised to it by 2Connect from time to time in writing. 2.4 2Connect shall use its reasonable endeavours to commence the provision of each Service by any dates (if any) set out in the Customer Specification or the Contract. At the request of the Customer, 2Connect shall provide reasonable supporting evidence to the Customer to demonstrate that any Service has been made available for use by it. The Customer will provide 2Connect with all access to its premises and assistance reasonably required by 2Connect to install equipment and commission the Service by the agreed date(s) and, if no date has been agreed, as soon as reasonably practicable after the date of the Contract. 2.5 2Connect reserves the right to amend, vary or change any Equipment, Software or Service (including the technical specification for any Service, the Equipment or the Software used to provide any Service or the Customer Specification for any Service) provided that such amendment, variation or change does not materially and adversely affect the provision of any Service. Where 2Connect reasonably considers that it is necessary to suspend the provision of any Service or any part of a Service (including, without limitation, the provision of a service to a particular site of the Customer) for the purposes of carrying out amendment, variation, change, repair, maintenance or improvement of or to any Service, Software and/or Equipment, 2Connect shall use its reasonable endeavours to ensure that the Customer receives reasonable notice of any such work. During the continuance of any such work, 2Connect shall continue to provide the Services in accordance with any applicable Service Level. 2.6 The Customer shall not use (nor allow any employee, sub-contractor, agent or any third party to use) any Service: 2.6.1 In a way which is offensive, indecent, menacing, a nuisance or defamatory; 2.6.2 To send, knowingly receive, upload, download, store, display or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, which is in breach of copyright or other Intellectual Property Rights, confidence, privacy or any other third party right; 2.6.3 Fraudulently or in conjunction with the commission of any criminal offence; 2.6.4 To spam or send or provide unsolicited advertising or promotional material or to knowingly receive responses from spam or unsolicited advertising or promotional material sent or provided by the Customer or any third party acting on its behalf; 2.6.5 In an unlawful manner or in contravention of any legislation, laws, codes of practice, licence conditions, third party rights or any reasonable instructions of 2Connect from time to time regarding the use of any service; and/or 2.6.6 To resell any service or act in any other way to breach of this Contract and fair use of the Services. The provisions of this Clause 2.6 shall not apply in respect of any material which is sent, stored or reproduced by the Customer for the legitimate and lawful purposes of the usual business of the Customer. The Customer shall indemnify, keep indemnified and hold 2Connect harmless against any liability, cost, claim, fine, damage or expense made against or suffered by 2Connect arising out of any breach by the Customer of its obligations pursuant to this Clause 2.6 and the indemnity shall not be limited by Clause 11.4. 2.7 2Connect may suspend the provision of any Service (or any part of a Service) without liability to the Customer (including to pay Service Credits) where there is (or 2Connect reasonably suspects there is): 2.7.1 Any unauthorised access to the Customer’s network which may result in unauthorised access to 2Connect’s(via third party) network, the suspension to last until such time as that unauthorised access ceases or is demonstrated by the customer not to have occurred; and/or 2.7.2 Any breach by the Customer of any of its obligations under Clause 2.6. For the avoidance of doubt, the Customer shall remain liable to pay the Charges for all Services during any period of suspension pursuant to the Clause 2.7 and no Service Credits shall accrue. 2.8 2Connect reserves the right to suspend or vary any Service (or part of a Service and whether generally or in respect of the Customer only) where it is required to do so by law, or at the direction of any court or governmental or other regulatory body, or as a result of the loss or revocation of any licence which 2Connect requires to provide that Service. During the period of any such suspension, the Charges for the suspended Service (or part thereof) will not be payable unless the suspension arises as a consequence of an act or omission of the Customer, its employees or agents or person authorised by the customer to use the service.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

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PROVISION AND USE OF THE SERVICES. 2.1 A third party carrier via 2Connect Stratus shall provide each Service to the Customer for the applicable Term with reasonable skill and care and in accordance with the applicable Service Level Agreement and as specified in the Service Agreement. 2.2 We Stratus shall ensure that it complies at all times with all legislation, laws, codes of practice, and Licence conditions applicable to the provision of the Services, including any applicable obligations under the Data Protection Legislation. 2.3 The Customer shall ensure that it complies at all times with all legislation, codes of practice and licence conditions applicable to its use of the Services, including any applicable obligations under the Data Protection Legislation, any reasonable policies of 2Connect Stratus regarding the use of any Services which are advised to it by 2Connect Xxxxxxx from time to time in writing. 2.4 2Connect Stratus shall use its reasonable endeavours to commence the provision of each Service by any dates (if any) set out in the Customer Specification or the Contract. At the request of the Customer, 2Connect Stratus shall provide reasonable supporting evidence to the Customer to demonstrate that any Service has been made available for use by it. The Customer will provide 2Connect Stratus with all access to its premises and assistance reasonably required by 2Connect Xxxxxxx to install equipment and commission the Service by the agreed date(s) and, if no date has been agreed, as soon as reasonably practicable after the date of the Contract. 2.5 2Connect Stratus reserves the right to amend, vary or change any Equipment, Software or Service (including the technical specification for any Service, the Equipment or the Software used to provide any Service or the Customer Specification for any Service) provided that such amendment, variation or change does not materially and adversely affect the provision of any Service. Where 2Connect Stratus reasonably considers that it is necessary to suspend the provision of any Service or any part of a Service (including, without limitation, the provision of a service to a particular site of the Customer) for the purposes of carrying out amendment, variation, change, repair, maintenance or improvement of or to any Service, Software and/or Equipment, 2Connect Stratus shall use its reasonable endeavours to ensure that the Customer receives reasonable notice of any such work. During the continuance of any such work, 2Connect Xxxxxxx shall continue to provide the Services in accordance with any applicable Service Level. 2.6 The Customer shall not use (nor allow any employee, sub-contractor, agent or any third party to use) any Service: 2.6.1 In a way which is offensive, indecent, menacing, a nuisance or defamatory; 2.6.2 To send, knowingly receive, upload, download, store, display or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, which is in breach of copyright or other Intellectual Property Rights, confidence, privacy or any other third party right; 2.6.3 Fraudulently or in conjunction with the commission of any criminal offence; 2.6.4 To spam or send or provide unsolicited advertising or promotional material or to knowingly receive responses from spam or unsolicited advertising or promotional material sent or provided by the Customer or any third party acting on its behalf; 2.6.5 In an unlawful manner or in contravention of any legislation, laws, codes of practice, licence conditions, third party rights or any reasonable instructions of 2Connect Stratus from time to time regarding the use of any service; and/or 2.6.6 To resell any service or act in any other way to breach of this Contract and fair use of the Services. The provisions of this Clause 2.6 shall not apply in respect of any material which is sent, stored or reproduced by the Customer for the legitimate and lawful purposes of the usual business of the Customer. The Customer shall indemnify, keep indemnified and hold 2Connect Xxxxxxx harmless against any liability, cost, claim, fine, damage or expense made against or suffered by 2Connect Stratus arising out of any breach by the Customer of its obligations pursuant to this Clause 2.6 and the indemnity shall not be limited by Clause 11.4. 2.7 2Connect Stratus may suspend the provision of any Service (or any part of a Service) without liability to the Customer (including to pay Service Credits) where there is (or 2Connect Stratus reasonably suspects there is): 2.7.1 Any unauthorised access to the Customer’s network which may result in unauthorised access to 2Connect’s(via third party) Stratus’s network, the suspension to last until such time as that unauthorised access ceases or is demonstrated by the customer not to have occurred; and/or 2.7.2 Any breach by the Customer of any of its obligations under Clause 2.6. For the avoidance of doubt, the Customer shall remain liable to pay the Charges for all Services during any period of suspension pursuant to the Clause 2.7 and no Service Credits shall accrue. 2.8 2Connect Stratus reserves the right to suspend or vary any Service (or part of a Service and whether generally or in respect of the Customer only) where it is required to do so by law, or at the direction of any court or governmental or other regulatory body, or as a result of the loss or revocation of any licence which 2Connect Stratus requires to provide that Service. During the period of any such suspension, the Charges for the suspended Service (or part thereof) will not be payable unless the suspension arises as a consequence of an act or omission of the Customer, its employees or agents or person authorised by the customer Customer to use the serviceService.

Appears in 1 contract

Samples: Standard Terms & Conditions

PROVISION AND USE OF THE SERVICES. 2.1 A third party carrier via 2Connect shall provide each Service to the Customer for the applicable Term with reasonable skill and care and in accordance with the applicable Service Level Agreement and as specified in the Service Agreement. 2.2 We shall ensure that it complies at all times with all legislation, laws, codes of practice, and Licence conditions applicable to the provision of the Services, including any applicable obligations under the Data Protection Legislation. 2.3 . The Customer shall ensure that it complies at all times with all legislation, codes of practice and licence conditions applicable to its use of the Services, including any applicable obligations under the Data Protection Legislation, any reasonable policies of 2Connect regarding the use of any Services which are advised to it by 2Connect from time to time in writing. 2.4 2Connect shall use its reasonable endeavours to commence the provision of each Service by any dates (if any) set out in the Customer Specification or the ContractCo ntract. At the request of the Customer, 2Connect shall provide reasonable supporting evidence to the Customer to demonstrate that any Service has been made available for use by it. The Customer will provide 2Connect with all access to its premises and assistance reasonably required by 2Connect to install equipment and commission the Service by the agreed date(s) and, if no date has been agreed, as soon as reasonably practicable after the date of the Contract. 2.5 2Connect reserves the right to amend, vary or change any Equipment, Software or Service (including the technical specification for any Service, the Equipment or the Software used to provide any Service or the Customer Specification for any Service) provided that such amendment, variation or change does not materially and adversely affect the provision of any Service. Where 2Connect reasonably considers that it is necessary to suspend the provision of any Service or any part of a Service (including, without limitation, the provision of a service to a particular site of the Customer) for the purposes of carrying out amendment, variation, change, repair, maintenance or improvement of or to any Service, Software and/or Equipment, 2Connect shall use its reasonable endeavours to ensure that the Customer receives reasonable notice of any such work. During the continuance of any such work, 2Connect shall continue to provide the Services in accordance with any applicable Service Level. 2.6 The Customer shall not use (nor allow any employee, sub-contractor, agent or any third party to use) any Service: 2.6.1 In a way which is offensive, indecent, menacing, a nuisance or defamatory; 2.6.2 To send, knowingly receive, upload, download, store, display or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, which is in breach of copyright or other Intellectual Property Rights, confidence, privacy or any other third party right; 2.6.3 Fraudulently or in conjunction with the commission of any criminal offence; 2.6.4 To spam or send or provide unsolicited advertising or promotional material or to knowingly receive responses from spam or unsolicited advertising or promotional material sent or provided by the Customer or any third party acting on its behalf; 2.6.5 In an unlawful manner or in contravention of any legislation, laws, codes of practice, licence conditions, third party rights or any reasonable instructions of 2Connect from time to time regarding the use of any service; and/or 2.6.6 To resell any service or act in any other way to breach of this Contract and fair use of the Services. The provisions of this Clause 2.6 shall not apply in respect of any material which is sent, stored or reproduced by the Customer for the legitimate and lawful purposes of the usual business of the Customer. The Customer shall indemnify, keep indemnified and hold 2Connect harmless against any liability, cost, claim, fine, damage or expense made against or suffered by 2Connect arising out of any breach by the Customer of its obligations pursuant to this Clause 2.6 and the indemnity shall not be limited by Clause 11.4. 2.7 2Connect may suspend the provision of any Service (or any part of a Service) without liability to the Customer (including to pay Service Credits) where there is (or 2Connect 2C onnect reasonably suspects there is): 2.7.1 Any unauthorised access to the Customer’s network which may result in unauthorised access to 2Connect’s(via third party) network, the suspension to last until such time as that unauthorised access ceases or is demonstrated by the customer not to have occurred; and/or 2.7.2 Any breach by the Customer of any of its obligations under Clause 2.6. For the avoidance of doubt, the Customer shall remain liable to pay the Charges for all Services during any period of suspension pursuant to the Clause 2.7 and no Service Credits shall accrue. 2.8 2Connect reserves the right to suspend or vary any Service (or part of a Service and whether generally or in respect of the Customer only) where it is required to do so by law, or at the direction of any court or governmental or other regulatory body, or as a result of the loss or revocation of any licence which 2Connect requires to provide that Service. During the period of any such suspension, the Charges for the suspended Service (or part thereof) will not be payable unless the suspension arises as a consequence of an act or omission of the Customer, its employees or agents or person authorised by the customer to use the service.regulatory

Appears in 1 contract

Samples: Terms and Conditions

PROVISION AND USE OF THE SERVICES. 2.1 A third party carrier via 2Connect Aspire shall provide each Service to the Customer for the applicable Term with Termwith reasonable skill and care and in accordance with the applicable Service Level Agreement and as specified in the Service Agreement. 2.2 We Aspire shall ensure that it complies at all times with all legislation, laws, codes of practice, and Licence conditions applicable to the provision of the Services, including any applicable obligations under the Data Protection Legislation. 2.3 The Customer shall ensure that it complies at all times with all legislation, codes of practice and licence conditions applicable to its use of the Services, including any applicable obligations under the Data Protection Legislation, any reasonable policies of 2Connect Aspire regarding the use of any Services which are advised to it by 2Connect Aspire from time to time in writing. 2.4 2Connect Aspire shall use its reasonable endeavours to commence the provision of each Service by any dates (if any) set out in the Customer Specification or the Contract. At the request of the Customer, 2Connect Aspire shall provide reasonable supporting evidence to the Customer to demonstrate that any Service has been made available for use by it. The Customer will provide 2Connect Aspire with all access to its premises and assistance reasonably required by 2Connect Aspire to install equipment and commission the Service by the agreed date(s) and, if no date has been agreed, as soon as reasonably practicable after the date of the Contract. 2.5 2Connect Aspire reserves the right to amend, vary or change any Equipment, Software or Service (including the technical specification for any Service, the Equipment or the Software used to provide any Service or the Customer Specification for any Service) provided that such amendment, variation or change does not materially and adversely affect the provision of any Service. Where 2Connect reasonably considers that it is necessary to suspend the provision of any Service or any part of a Service (including, without limitation, the provision of a service to a particular site of the Customer) for the purposes of carrying out amendment, variation, change, repair, maintenance or improvement of or to any Service, Software and/or Equipment, 2Connect shall use its reasonable endeavours to ensure that the Customer receives reasonable notice of any such work. During the continuance of any such work, 2Connect shall continue to provide the Services in accordance with any applicable Service Level.) 2.6 The Customer shall not use (nor allow any employee, sub-contractor, agent or any third party to use) any Service: 2.6.1 In a way which is offensive, indecent, menacing, a nuisance or defamatory; 2.6.2 To send, knowingly receive, upload, download, store, display or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, which is in breach of copyright or other Intellectual Property Rights, confidence, privacy or any other third party right; 2.6.3 Fraudulently or in conjunction with the commission of any criminal offence; 2.6.4 To spam or send or provide unsolicited advertising or promotional material or to knowingly receive responses from spam or unsolicited advertising or promotional material sent or provided by the Customer or any third party acting on its behalf; 2.6.5 In an unlawful manner or in contravention of any legislation, laws, codes of practice, licence conditions, third party rights or any reasonable instructions of 2Connect Aspire from time to time regarding the use of any service; and/or 2.6.6 To resell any service or act in any other way to breach of this Contract and fair use of the Services. The provisions of this Clause 2.6 shall not apply in respect of any material which is sent, stored or reproduced by the Customer for the legitimate and lawful purposes of the usual business of the Customer. The Customer shall indemnify, keep indemnified and hold 2Connect harmless against any liability, cost, claim, fine, damage or expense made against or suffered by 2Connect arising out of any breach by the Customer of its obligations pursuant to this Clause 2.6 and the indemnity shall not be limited by Clause 11.4. 2.7 2Connect Aspire may suspend the provision of any Service (or any part of a Service) without liability to the Customer (including to pay Service Credits) where there is (or 2Connect Aspire reasonably suspects there is): 2.7.1 Any unauthorised access to the Customer’s network which may result in unauthorised access to 2Connect’s(via third party) Aspire’s network, the suspension to last until such time as that unauthorised access ceases or is demonstrated by the customer not to have occurred; and/orthat 2.7.2 Any breach by the Customer of any of its obligations under Clause 2.6. For the avoidance of doubt, the Customer shall remain liable to pay the Charges for all Services during any period of suspension pursuant to the Clause 2.7 and no Service Credits shall accrue. 2.8 2Connect Aspire reserves the right to suspend or vary any Service (or part of a Service and whether generally or in respect of the Customer only) where it is required to do so by law, or at the direction of any court or governmental or other regulatory body, or as a result of the loss or revocation of any licence which 2Connect Aspire requires to provide that Service. During the period of any such suspension, the Charges for the suspended Service (or part thereof) will not be payable unless the suspension arises as a consequence of an act or omission of the Customer, its employees or agents or person authorised by the customer Customer to use the serviceService.

Appears in 1 contract

Samples: Terms and Conditions

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PROVISION AND USE OF THE SERVICES. 2.1 A third party carrier via 2Connect Aspire shall provide each Service to the Customer for the applicable Term with reasonable skill and care and in accordance with the applicable Service Level Agreement and as specified in the Service Agreement. 2.2 We Aspire shall ensure that it complies at all times with all legislation, laws, codes of practice, and Licence conditions applicable to the provision of the Services, including any applicable obligations under the Data Protection Legislation. 2.3 The Customer shall ensure that it complies at all times with all legislation, codes of practice and licence conditions applicable to its use of the Services, including any applicable obligations under the Data Protection Legislation, any reasonable policies of 2Connect Aspire regarding the use of any Services which are advised to it by 2Connect Aspire from time to time in writing. 2.4 2Connect Aspire shall use its reasonable endeavours to commence the provision of each Service by any dates (if any) set out in the Customer Specification or the Contract. At the request of the Customer, 2Connect Aspire shall provide reasonable supporting evidence to the Customer to demonstrate that any Service has been made available for use by it. The Customer will provide 2Connect Aspire with all access to its premises and assistance reasonably required by 2Connect Aspire to install equipment and commission the Service by the agreed date(s) and, if no date has been agreed, as soon as reasonably practicable after the date of the Contract. 2.5 2Connect Aspire reserves the right to amend, vary or change any Equipment, Software or Service (including the technical specification for any Service, the Equipment or the Software used to provide any Service or the Customer Specification for any Service) provided that such amendment, variation or change does not materially and adversely affect the provision of any Service. Where 2Connect reasonably considers that it is necessary to suspend the provision of any Service or any part of a Service (including, without limitation, the provision of a service to a particular site of the Customer) for the purposes of carrying out amendment, variation, change, repair, maintenance or improvement of or to any Service, Software and/or Equipment, 2Connect shall use its reasonable endeavours to ensure that the Customer receives reasonable notice of any such work. During the continuance of any such work, 2Connect shall continue to provide the Services in accordance with any applicable Service Level.) 2.6 The Customer shall not use (nor allow any employee, sub-contractor, agent or any third party to use) any Service: 2.6.1 In a way which is offensive, indecent, menacing, a nuisance or defamatory; 2.6.2 To send, knowingly receive, upload, download, store, display or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, which is in breach of copyright or other Intellectual Property Rights, confidence, privacy or any other third party right; 2.6.3 Fraudulently or in conjunction with the commission of any criminal offence; 2.6.4 To spam or send or provide unsolicited advertising or promotional material or to knowingly receive responses from spam or unsolicited advertising or promotional material sent or provided by the Customer or any third party acting on its behalf; 2.6.5 In an unlawful manner or in contravention of any legislation, laws, codes of practice, licence conditions, third party rights or any reasonable instructions of 2Connect Aspire from time to time regarding the use of any service; and/or 2.6.6 To resell any service or act in any other way to breach of this Contract and fair use of the Services. The provisions of this Clause 2.6 shall not apply in respect of any material which is sent, stored or reproduced by the Customer for the legitimate and lawful purposes of the usual business of the Customer. The Customer shall indemnify, keep indemnified and hold 2Connect harmless against any liability, cost, claim, fine, damage or expense made against or suffered by 2Connect arising out of any breach by the Customer of its obligations pursuant to this Clause 2.6 and the indemnity shall not be limited by Clause 11.4. 2.7 2Connect Aspire may suspend the provision of any Service (or any part of a Service) without liability to the Customer (including to pay Service Credits) where there is (or 2Connect Aspire reasonably suspects there is): 2.7.1 Any unauthorised access to the Customer’s network which may result in unauthorised access to 2Connect’s(via third party) network, the suspension to last until such time as that unauthorised access ceases or is demonstrated by the customer not to have occurred; and/orin 2.7.2 Any breach by the Customer of any of its obligations under Clause 2.6. For the avoidance of doubt, the Customer shall remain liable to pay the Charges for all Services during any period of suspension pursuant to the Clause 2.7 and no Service Credits shall accrue. 2.8 2Connect Aspire reserves the right to suspend or vary any Service (or part of a Service and whether generally or in respect of the Customer only) where it is required to do so by law, or at the direction of any court or governmental or other regulatory body, or as a result of the loss or revocation of any licence which 2Connect Aspire requires to provide that Service. During the period of any such suspension, the Charges for the suspended Service (or part thereof) will not be payable unless the suspension arises as a consequence of an act or omission of the Customer, its employees or agents or person authorised by the customer Customer to use the serviceService.

Appears in 1 contract

Samples: Terms and Conditions

PROVISION AND USE OF THE SERVICES. 2.1 A third party carrier via 2Connect shall provide each Service to the Customer for the applicable Term with reasonable skill and care and in accordance with the applicable Service Level Agreement and as specified in the Service Agreement. 2.2 We shall ensure that it complies at all times with all legislation, laws, codes of practice, and Licence conditions applicable to the provision of the Services, including any applicable obligations under the Data Protection Legislation. 2.3 . The Customer shall ensure that it complies at all times with all legislation, codes of practice and licence conditions applicable to its use of the Services, including any applicable obligations under the Data Protection Legislation, any reasonable policies of 2Connect regarding regar ding the use of any Services which are advised to it by 2Connect from time to time in writing. 2.4 2Connect shall use its reasonable endeavours to commence the provision of each Service by any dates (if any) set out in the Customer Specification or the ContractCo ntract. At the request of the Customer, 2Connect shall provide reasonable supporting evidence to the Customer to demonstrate that any Service has been made available for use by it. The Customer will provide 2Connect with all access to its premises and assistance reasonably required by 2Connect to install equipment and commission the Service by the agreed date(s) and, if no date has been agreed, as soon as reasonably practicable after the date of the Contract. 2.5 2Connect reserves the right to amend, vary or change any Equipment, Software or Service (including the technical specification for any Service, the Equipment or the Software used to provide any Service or the Customer Specification for any Service) provided that such amendment, variation or change does not materially and adversely affect the provision of any Service. Where 2Connect reasonably considers that it is necessary to suspend the provision of any Service or any part of a Service (including, without limitation, the provision of a service to a particular site of the Customer) for the purposes of carrying out amendment, variation, change, repair, maintenance or improvement of or to any Service, Software and/or Equipment, 2Connect shall use its reasonable endeavours to ensure that the Customer receives reasonable notice of any such work. During the continuance of any such work, 2Connect shall continue to provide the Services in accordance with any applicable Service Level. 2.6 The Customer shall not use (nor allow any employee, sub-contractor, agent or any third party to use) any Service: 2.6.1 In ln a way which is offensive, indecent, menacing, a nuisance or defamatory; 2.6.2 To send, knowingly receive, upload, download, store, display or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, which is in breach of copyright or other Intellectual lntellectual Property Rights, confidence, privacy or any other third party right; 2.6.3 Fraudulently or in conjunction with the commission of any criminal offence; 2.6.4 To spam or send or provide unsolicited advertising or promotional material or to knowingly receive responses from spam or unsolicited advertising or promotional material sent or provided by the Customer or any third party acting on its behalf; 2.6.5 In ln an unlawful manner or in contravention of any legislation, laws, codes of practice, licence conditions, third party rights or any reasonable instructions of 2Connect from time to time regarding the use of any service; and/or 2.6.6 To resell any service or act in any other way to breach of this Contract and fair use of the Services. The provisions of this Clause 2.6 shall not apply in respect of any material which is sent, stored or reproduced by the Customer for the legitimate and lawful purposes of the usual business of the Customer. The Customer shall indemnify, keep indemnified and hold 2Connect harmless against any liability, cost, claim, fine, damage or expense made against or suffered by 2Connect arising out of any breach by the Customer of its obligations pursuant to this Clause 2.6 and the indemnity shall not be limited by Clause 11.4. 2.7 2Connect may suspend the provision of any Service (or any part of a Service) without liability to the Customer (including to pay Service Credits) where there is (or 2Connect 2C onnect reasonably suspects there is): 2.7.1 Any unauthorised access to the Customer’s network which may result in unauthorised access to 2Connect’s(via third party) network, the suspension to last until such time as that unauthorised access ceases or is demonstrated by the customer not to have occurred; and/or 2.7.2 Any breach by the Customer of any of its obligations under Clause 2.6. For the avoidance of doubt, the Customer shall remain liable to pay the Charges for all Services during any period of suspension pursuant to the Clause 2.7 and no Service Credits shall accrue. 2.8 2Connect reserves the right to suspend or vary any Service (or part of a Service and whether generally or in respect of the Customer only) where it is required to do so by law, or at the direction of any court or governmental or other regulatory body, or as a result of the loss or revocation of any licence which 2Connect requires to provide that Service. During the period of any such suspension, the Charges for the suspended Service (or part thereof) will not be payable unless the suspension arises as a consequence of an act or omission of the Customer, its employees or agents or person authorised by the customer to use the service.regulatory

Appears in 1 contract

Samples: Terms and Conditions

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