Common use of Term and Termination; Suspension Clause in Contracts

Term and Termination; Suspension. a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for the Order until its termination. b) Except as set forth in an Order, SOW or Product Terms, you or we may terminate your account at any time and for any reason by giving 30 days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminated. c) We may at any time without notice: i) refuse to accept your Orders for the Sites and/or Services; ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do so. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 5 contracts

Samples: Software Subscription Services and Equipment Agreement, Software Subscription Services and Equipment Agreement, Software Subscription Services Agreement

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Term and Termination; Suspension. a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for the Order until its termination. b) Except as set forth in an Order, SOW or Unless the Product TermsTerms state otherwise, you or we may terminate your account at any time and for any reason by giving 30 thirty days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminatedus. c) We may at any time without notice: i) refuse to accept or fulfill your Orders or any part of any Orders for the Sites and/or Services; or ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order Services or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do soaccount. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, in accordance with our records management policies and as permitted by applicable law, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 4 contracts

Samples: On Demand Subscription Services Agreement, Mailing Equipment, Supplies, and Maintenance, Addendum to State and Local Term Rental and on Demand Subscription Services Agreement

Term and Termination; Suspension. a) The term of this Agreement begins on the effective activation date of the Order applicable On Demand Services and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for the Order until its termination. b) Except as set forth in an Order, SOW or Unless the Product TermsTerms state otherwise, you or we may terminate your account at any time and for any reason by giving 30 thirty days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminatedus. c) We may at any time without noticenotice : i) refuse to accept or fulfill your Orders or any part of any Orders for the Sites and/or Services; or ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order Services or terminate your account and delete any content stored in your account ifaccount, in our sole discretioneach case, if in the event you violate any laws use the services in connection a manner not authorized in accordance with your use of the Sites or the Services or if a competent regulatory authority requires us to do soSection 2 above. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, in accordance with our records management policies and as permitted by applicable law, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to usat law.

Appears in 3 contracts

Samples: On Demand Subscription Services Agreement, On Demand Subscription Services Agreement, On Demand Subscription Services Agreement

Term and Termination; Suspension. a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for the Order until its termination. b) Except as set forth in an Order, SOW or Unless the Product TermsTerms state otherwise, you or we may terminate your account at any time and for any reason by giving 30 thirty days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminatedus. c) We may at any time without notice: i) refuse to accept or fulfill your Orders or any part of any Orders for the Sites and/or Services; or ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do so. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, in accordance with our records management policies and as permitted by applicable law, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 2 contracts

Samples: On Demand Subscription Services Agreement, On Demand Subscription Services Agreement

Term and Termination; Suspension. a) The Subject to your cancellation rights during a Trial Period (if applicable), the term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for the Order until its termination. b) Except as set forth in an Order, SOW or Product Terms, you or we may terminate your account at any time and for any reason by giving 30 days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminated. c) We may at any time without notice: i) refuse to accept your Orders for the Sites and/or Services; ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do so. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 2 contracts

Samples: Software Subscription Services and Equipment Agreement, Software Subscription Services Agreement

Term and Termination; Suspension. a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for until the Order until its terminationterminates. b) Except as set forth in an Order, SOW or Unless the Product TermsTerms state otherwise, you or we may terminate your account at any time and for any reason by giving 30 thirty days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminatedus. c) We may at any time without notice: i) refuse to accept or fulfill your Orders or any part of any Orders for the Sites and/or Services; or ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order Services or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do soaccount. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, in accordance with our records management policies and as permitted by applicable law, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 2 contracts

Samples: Master Agreement, Participating Addendum

Term and Termination; Suspension. a) The term of this Agreement begins shall begin on the effective date as specified in your Order (“Order Effective Date”) and shall continue as specified in your Order (the “Initial Term”), automatically renewing thereafter for successive periods of twelve months each (each a “Renewal Term” and together with the Order and will remain Initial Term, the “Term”) unless earlier terminated. We reserve the right to suspend or terminate the Services in effect for each Service for the duration of the Order whole or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for the Order until its termination. b) Except as set forth in an Order, SOW or Product Terms, you or we may terminate your account at any time and for any reason by giving 30 days’ notice to the other and we may suspend the relevant Service to you part at any time, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your use if you are not complying with the Agreement, or if you use the Services in any way that may cause us legal liability or disrupt others' use of the Services or damage to our business or reputation, or for any other reason. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminated. c) We may at any time without notice: i) refuse to accept your Orders for the Sites and/or Services; ii) move, suspend or terminate all your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or any part flagrantly violating the Agreement, a court order, or danger to other users) where we may suspend or terminate immediately. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to Your Data that is stored with the Service. Either Party may terminate the autorenewal of the Sites Agreement and/or Services; or iii) refuse to fulfill any Order or any part the autorenewal of any Order or terminate your account and delete any content stored in your account ifupon written notice to the other Party, in our sole discretion, if you violate any laws in connection with your use which notice is given at least thirty (30) days prior to the end of the Sites applicable then-current Initial Term or Renewal Term, as the Services or if a competent regulatory authority requires us to do so. d) Once your use of a Service is terminated, case may be. Warranties Outreach warrants that: (i) we it will perform the Services in accordance with the then-current Support and Service Level Agreement, as may permanently delete your account and all the data associated with it, be updated from time to time; (ii) you must immediately stop using it will provide the Service Services in a professional manner, consistent with recognized industry security standards and Software, and remove any Software from the computers on which it was installed, good commercial practices; (iii) each party it will promptly return or destroy comply with all confidential information of applicable law, and be duly licensed and otherwise authorized to provide the other partyServices; and (iv) it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement. Customer warrants that it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement. WITH THE EXCEPTION OF THOSE EXPRESS WARRANTIES MADE IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTREACH DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY. Indemnification Your indemnity to us: You will defend and hold us and our affiliates, employees, officers, directors, agents, successors and assigns, harmless at your own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) Your Data; (ii) your violation of any third party rights (including third party intellectual property rights or privacy rights); and (iii) your use of the Services in any way contrary to the Agreement. Our indemnity to you: We will defend and hold you and your employees, officers, directors, agents, successors and assigns, harmless at our own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with any third party claims that the Services infringe or misappropriate the intellectual property rights of a third party. The Party seeking indemnification under the Agreement will: (i) give the indemnifying Party prompt written notice of the claim, (ii) tender to the indemnifying Party control of the defense and settlement of the claim, and (iii) cooperate with the indemnifying Party in defending or settling the claim. The indemnified Party will have the right to participate at its own expense in any indemnification action or related settlement negotiations using counsel of its own choice. Neither Party may consent to the entry of any judgment or enter into any settlement that adversely affects the rights or interests of the other Party without that Party’s prior written consent, which may not be unreasonably withheld. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUTREACH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OUTREACH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY OF OUTREACH TO YOU, ANY AFFILIATE OR ANY THIRD PARTY FOR ALL CLAIMS RELATING TO THE SERVICES OR CONNECTED WITH THE AGREEMENT, REGARDLESS OF THE DAMAGES THEORY, WILL NOT EXCEED THE FEES PAID OR OWING TO OUTREACH UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE. THE LIMITATION OF LIABILITY PROVIDED IN THIS PARAGRAPH WILL APPLY IN THE AGGREGATE TO YOU AND YOUR AFFILIATES AND SHALL NOT BE CUMULATIVE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PURPOSE OF THIS PARAGRAPH IS TO PROVIDE FOR THE ALLOCATION OF RISK AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES PAID, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY THAN PROVIDED FOR HEREIN. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. IN THOSE JURISDICTIONS, OUTREACH’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. In addition, Outreach and its authorized personnel may require access to Your Data or account for the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which purposes of assisting you have paid in advancewith any step of your account setup or any other troubleshooting, unless you have failed to comply with this Agreement, in which case your access including attaining email connectivity. Neither Outreach nor any of its employees will be immediately revokedliable in cases where this access exposes us to your private data, including prospect info and email metadata and content. You won’t be entitled By using Outreach, you agree to a refund from us under any circumstancespermit Outreach representatives these permissions only when circumstances necessitate it. We reserve the right to assist in these ways when needed and will keep information confidential. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 1 contract

Samples: Terms of Service

Term and Termination; Suspension. a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for until the Order until its terminationterminates. b) Except as set forth in an Order, SOW or Unless the Product TermsTerms state otherwise, you or we may terminate your account at any time and for any reason by giving 30 thirty days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminatedus. c) We may at any time without notice: i) refuse to accept or fulfill your Orders or any part of any Orders for the Sites and/or Services; or ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order Services or terminate your account and delete any content stored in your account ifaccount, in our sole discretioneach case, if in the event you violate any laws use the services in connection a manner not authorized in accordance with your use of the Sites or the Services or if a competent regulatory authority requires us to do soSection 2 above. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, in accordance with our records management policies and as permitted by applicable law, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to usat law.

Appears in 1 contract

Samples: On Demand Subscription Services Agreement

Term and Termination; Suspension. a) The term of this Agreement begins shall begin on the effective date as specified in your Order (“Order Effective Date”) and shall continue as specified in your Order (the “Initial Term”), automatically renewing thereafter for successive periods of twelve months each (each a “Renewal Term” and together with the Order and will remain Initial Term, the “Term”) unless earlier terminated. We reserve the right to suspend or terminate the Services in effect for each Service for the duration of the Order whole or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for the Order until its termination. b) Except as set forth in an Order, SOW or Product Terms, you or we may terminate your account at any time and for any reason by giving 30 days’ notice to the other and we may suspend the relevant Service to you part at any time, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your use if you are not complying with the Agreement, or if you use the Services in any way that may cause us legal liability or disrupt others' use of the Services or damage to our business or reputation, or for any other reason. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminated. c) We may at any time without notice: i) refuse to accept your Orders for the Sites and/or Services; ii) move, suspend or terminate all your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or any part flagrantly violating the Agreement, a court order, or danger to other users) where we may suspend or terminate immediately. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to Your Data that is stored with the Service. Either Party may terminate the autorenewal of the Sites and/or Services; or iiiAgreement upon written notice to the other Party, which notice is given at least thirty (30) refuse days prior to fulfill any Order or any part of any Order or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use the end of the Sites applicable then-current Initial Term or Renewal Term, as the Services or if a competent regulatory authority requires us to do so. d) Once your use of a Service is terminated, case may be. Warranties Outreach warrants that: (i) we may permanently delete your account it will perform the Services in accordance the Support and all the data associated with it, Service Level Agreement; (ii) you must immediately stop using it will provide the Service Services in a professional manner, consistent with recognized industry security standards and Software, and remove any Software from the computers on which it was installed, good commercial practices; (iii) each party it will promptly return or destroy comply with all confidential information of applicable law, and be duly licensed and otherwise authorized to provide the other partyServices; and (iv) it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement. Customer warrants that it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement. WITH THE EXCEPTION OF THOSE EXPRESS WARRANTIES MADE IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTREACH DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY. Indemnification Your indemnity to us: You will defend and hold us and our affiliates, employees, officers, directors, agents, successors and assigns, harmless at your access own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) Your Data; (ii) your violation of any third party rights (including third party intellectual property rights or privacy rights); and (iii) your use of the Services in any way contrary to the Service Agreement. Our indemnity to you: We will continue through defend and hold you and your employees, officers, directors, agents, successors and assigns, harmless at our own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with any third party claims that the current billing period for access Services infringe or misappropriate the intellectual property rights of a third party. The Party seeking indemnification under the Agreement will: (i) give the indemnifying Party prompt written notice of the claim, (ii) tender to the Service (indemnifying Party control of the “Billing Period”) for which you have paid in advancedefense and settlement of the claim, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.and

Appears in 1 contract

Samples: Terms of Service

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Term and Termination; Suspension. a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for until the Order until its terminationterminates. b) Except as set forth in an Order, SOW or Unless the Product TermsTerms state otherwise, you or we may terminate your account at any time and for any reason by giving 30 thirty days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminatedus. c) We may at any time time, for cause, without notice: i) refuse to accept or fulfill your Orders or any part of any Orders for the Sites and/or Services; or ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order Services or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do soaccount. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, in accordance with our records management policies and as permitted by applicable law, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstancescircumstances other than termination by you for cause. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 1 contract

Samples: Participating Addendum

Term and Termination; Suspension. a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for until the Order until its terminationterminates. b) Except as set forth in an Order, SOW or Unless the Product TermsTerms state otherwise, you or we may terminate your account at any time and for any reason by giving 30 thirty days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminatedus. c) We may at any time without notice: i) refuse to accept or fulfill your Orders or any part of any Orders for the Sites and/or Services; or ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do so. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, in accordance with our records management policies and as permitted by applicable law, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 1 contract

Samples: On Demand Subscription Services Agreement

Term and Termination; Suspension. a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for the Order until its termination. b) Except as set forth in an Order, SOW or Product Terms, you or we may terminate your account at any time and for any reason by giving 30 thirty days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminated. c) We may at any time without notice: i) refuse to accept your Orders for the Sites and/or Services; ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do so. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 1 contract

Samples: Contract Amendment

Term and Termination; Suspension. a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for the Order until its termination. b) Except as set forth in an Order, SOW or Product TermsTerms , you or we may terminate your account at any time and for any reason by giving 30 thirty days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminatedus. c) We may at any time without notice: i) refuse to accept your Orders or any part of any Orders for the Sites and/or Services; or ii) move, suspend or terminate all or any part of the Sites and/or Services; or (iii) refuse to fulfill any Order or any part of any Order or terminate your account and delete any content stored in your account ifaccount, if we determine, in our sole discretion, that you have violated any of your obligations hereunder, or if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do so. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, in accordance with our records management policies and as permitted by applicable law, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 1 contract

Samples: Regional Cooperative Contract

Term and Termination; Suspension. a) The term of this Agreement begins on the effective date of the Order and will remain in effect for each Service for the duration of the Order or SOW applicable to such Service. Each Order or SOW will be effective as of the date in such Order or SOW and will remain in effect until its expiration or until your account is closed. If this Agreement is terminated, any Order entered into beforehand will, unless terminated under another provision of this Agreement, remain in effect for its entire term and this Agreement will remain in effect for until the Order until its terminationterminates. b) Except as set forth in an Order, SOW or Unless the Product TermsTerms state otherwise, you or we may terminate your account at any time and for any reason by giving 30 thirty days’ notice to the other and we may suspend the relevant Service to you at any time, with or without cause. If we terminate for cause or you terminate the Service during the term or any renewal period you will be liable for all payments that would be due to us for the Service during the term or any renewal period had you not terminatedus. c) We may at any time without notice: i) refuse to accept or fulfill your Orders or any part of any Orders for the Sites and/or Services; or ii) move, suspend or terminate all or any part of the Sites and/or Services; or iii) refuse to fulfill any Order or any part of any Order Services or terminate your account and delete any content stored in your account if, in our sole discretion, if you violate any laws in connection with your use of the Sites or the Services or if a competent regulatory authority requires us to do soaccount. d) Once your use of a Service is terminated, (i) we may permanently delete your account and all the data associated with it, in accordance with our records management policies and as permitted by applicable law, (ii) you must immediately stop using the Service and Software, and remove any Software from the computers on which it was installed, (iii) each party will promptly return or destroy all confidential information of the other party; and (iv) your access to the Service will continue through the current billing period for access to the Service (the “Billing Period”) for which you have paid in advance, unless you have failed to comply with this Agreement, in which case your access will be immediately revoked. You won’t be entitled to a refund from us under any circumstances.circumstance s. e) Termination of this Agreement will be in addition to and not in lieu of any other legal or equitable remedies available to us.

Appears in 1 contract

Samples: On Demand Subscription Services Agreement

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