Common use of Suspension for Ongoing Harm Clause in Contracts

Suspension for Ongoing Harm. Customer agrees that Xoft may with reasonably contemporaneous notice (which may be made by email or telephone) to Customer suspend Customer’s access to the Hosted Service if Xoft reasonably concludes that Customer’s Hosted Service is being used to engage in spamming, or illegal activity, and/or use of Customer’s Hosted Service is causing immediate, material and ongoing harm to Xoft or others. In the extraordinary event that Xoft suspends Customer’s access to the Hosted Service, Xoft will use commercially reasonable efforts to limit the suspension to the offending portion of the Hosted Service and resolve the issues causing the suspension of Hosted Service. Customer agrees that Xoft shall not be liable to Customer nor to any third party for any suspension of the Hosted Service under such circumstances as described in this Section 10.

Suspension for Ongoing Harm. Customer agrees that Xoft may with reasonably contemporaneous notice (which may be made by email or telephone) to Customer suspend Customer’s access to the Hosted Service if Xoft reasonably concludes that Customer’s Hosted Service is being used to engage in spamming, or illegal activity, and/or use of Customer’s Hosted Service is causing immediate, material and ongoing harm to Xoft or others. In the extraordinary event that Xoft suspends Customer’s access to the Hosted Service, Xoft will use commercially reasonable efforts to limit the suspension to the offending portion of the Hosted Service and resolve the issues causing the suspension of Hosted Service. Customer agrees that Xoft Xxxx shall not be liable to Customer nor to any third party for any suspension of the Hosted Service under such circumstances as described in this Section 10.