Common use of Subscriber Terms Clause in Contracts

Subscriber Terms. In addition to the Google Subscriber Terms, Customer acknowledges that its Subscribers shall be bound by terms relating to each component of the Hosted Communication Services which may include but are not limited to (i) the Gmail Terms of Use (which may be modified from time to time) available at xxxx://xxx.xxxxxx.xxx/mail/help/terms_of_use.html or such URL as Google may provide and (ii) the Google Terms of Service (which may be modified from time to time) available at xxxx://xxx.xxxxxx.xxx/terms_of_service.html or such URL as Google may provide; and (iii) additional Program Policies or Guidelines for acceptable usage (which may be modified from time to time) available at xxxx://xxx.xxxxxx.xxx/a/help/intl/en/users/terms.html or such URL as Google may provide. Customer acknowledges that each Subscriber of the Hosted Communication Services consents to privacy policies relating to the Hosted Communication Services which may include but are not limited to the Google Apps Privacy Policy (which may be modified from time to time) available at xxxx://xxx.xxxxxx.xxx/a/help/intl/en/users/privacy_notice.html or such URL as Google may provide and the Google Privacy Policy (which may be modified from time to time) available at xxxx://xxx.xxxxxx.xxx/privacy.html or such URL as Google may provide. For avoidance of doubt, Customer’s acknowledgement of the various terms and policies in this paragraph does not expand Customer’s obligation to obtain affirmative agreement from Subscribers to Google’s terms and policies, which is addressed in Section 3.5. In the event that Customer becomes aware of any Subscriber’s violation of any applicable terms of use or policy, Customer agrees to (i) promptly notify Google and (ii) promptly suspend or terminate such Subscriber Account unless Google agrees otherwise in writing (including by email). At Google’s request, Customer shall promptly suspend or terminate any Subscriber Account or administrator’s access to the Hosted Communication Services in response to a violation of any applicable terms of use or policy by a Subscriber or administrator. Google reserves the right at its discretion to suspend or terminate the Subscriber Account of any Subscriber. Notwithstanding anything to the contrary in Rider K (Privacy and Data Protection) or the account termination obligations in paragraph, Customer shall have no responsibility for enforcing the agreements entered into between Google and any Subscriber. Google acknowledges that Subscribers will also be bound by terms and conditions governing use of the various other services within Customer’s Portal as well as the use of Customer’s Portal itself. Notwithstanding the above or anything else to the contrary, Google shall have no responsibility for enforcing any agreements entered into between Customer and any end user of Customer.

Subscriber Terms. In addition to the Google Subscriber Terms, Customer acknowledges that its Subscribers shall be bound by terms relating to each component of the Hosted Communication Services which may include but are not limited to (i) the Gmail Terms of Use (which may be modified from time to time) available at xxxx://xxx.xxxxxx.xxx/mail/help/terms_of_use.html or such URL as Google may provide and (ii) the Google Terms of Service (which may be modified from time to time) available at xxxx://xxx.xxxxxx.xxx/terms_of_service.html or such URL as Google may provide; and (iii) additional Program Policies or Guidelines for acceptable usage (which may be modified from time to time) available at xxxx://xxx.xxxxxx.xxx/a/help/intl/en/users/terms.html or such URL as Google may provide. Customer acknowledges that each Subscriber of the Hosted Communication Services consents to privacy policies relating to the Hosted Communication Services which may include but are not limited to the Google Apps Privacy Policy (which may be modified from time to time) available at xxxx://xxx.xxxxxx.xxx/a/help/intl/en/users/privacy_notice.html or such URL as Google may provide and the Google Privacy Policy (which may be modified from time to time) available at xxxx://xxx.xxxxxx.xxx/privacy.html or such URL as Google may provide. For avoidance of doubt, Customer’s acknowledgement of the various terms and policies in this paragraph does not expand Customer’s obligation to obtain affirmative agreement from Subscribers to Google’s terms and policies, which is addressed in Section 3.5. In the event that Customer becomes aware of any Subscriber’s violation of any applicable terms of use or policy, Customer agrees to (i) promptly notify Google and (ii) promptly suspend or terminate such Subscriber Account unless Google agrees otherwise in writing (including by email). At Google’s request, Customer shall promptly suspend or terminate any Subscriber Account or administrator’s access to the Hosted Communication Services in response to a violation of any applicable terms of use or policy by a Subscriber or administrator. Google reserves the right at its discretion to suspend or terminate the Subscriber Account of any Subscriber. Notwithstanding anything to the contrary in Rider K (Privacy and Data Protection) or the account termination obligations in paragraph, Customer shall have no responsibility for enforcing the agreements entered into between Google and any Subscriber. Google acknowledges that Subscribers will also be bound by terms and conditions governing use of the various other services within Customer’s Portal as well as the use of Customer’s Portal itself. Notwithstanding the above or anything else to the contrary, Google shall have no responsibility for enforcing any agreements entered into between Customer and any end user of Customer.. Confidential EXECUTION COPY