Common use of Use of Services Clause in Contracts

Use of Services. A. Subscriber will utilize the Services strictly in accordance with the Documentation. Prohibited uses include servicing or training any third party (except as expressly provided for in the Reservations Services Attachment hereto); making speculative, duplicative or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled); and any other use which may be prohibited by AGP. Subscriber must limit access to the Services to its employees, agents, subcontractors and consultants having a need for such access for the purposes of servicing the travel requirements of clients ("Permitted Persons") and may not disclose or make the Services, including Apollo Services displays, available to any other third party. Subscriber shall be liable for any improper disclosure made by the Permitted Persons. B. If Subscriber licenses AGP's Selective Access/Global Access product, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; provided, however (i) AGP shall have no responsibility or liability whatsoever with respect to such authorization or access; and (ii) AGP may restrict such access immediately upon written notice to Subscriber. C. AGP will provide repair and maintenance services for the AGP hardware. Subscriber is prohibited from performing repair and maintenance on the AGP hardware itself or through a third party. Subscriber shall be responsible for all costs and expenses of repair required for any reason other than ordinary, authorized use. Subscriber may not disconnect the Services. D. AGP may, at its discretion, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. downgrade without Subscriber's prior consent. Subscriber's use of any enhanced, modified or new Service will constitute its agreement to the terms and conditions pertaining to such use, which shall be communicated to Subscriber in advance, either in written or electronic form.

Appears in 3 contracts

Samples: Subscriber Services Agreement (Getthere Com), Subscriber Services Agreement (Getthere Com), Subscriber Services Agreement (Getthere Com)

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Use of Services. A. Subscriber As a condition to using External Account Transfers, you agree that you are solely responsible for the use of the service and that you will utilize use the Services strictly service in accordance with this Agreement. You agree it is your responsibility to ensure you enter valid and correct external account information. External Account Transfers sent to invalid or incorrect account numbers may not be recoverable and the DocumentationCredit Union is not responsible for returning funds due to an unrecoverable External Account Transfer error. Prohibited uses include servicing You agree that you will not attempt to circumvent the security features of Online Banking or training the External Account Transfer Service, make any third party (except improper or unauthorized transfer of funds and that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of Online Banking and this service as expressly provided well as accessing or using Online Banking or this service in any other unauthorized manner. You agree to be liable to the Credit Union and its vendors, for any claims, losses, liabilities, damages, expenses, or costs arising as a result of the negligent or intentional misuse of External Account Transfers or Online Banking by you or your authorized users. You are prohibited from using the services for any activity that:  Would result in you being or becoming a “money service business” as defined in the Reservations Services Attachment heretoBank Secrecy Act and its implementing regulations.  Knowingly accepts restricted transactions in connection with another person in unlawful Internet gambling as defined in the Unlawful Internet Gambling Enforcement Act and Regulation GG (Prohibition on Funding of Unlawful Internet Gambling); making speculative, duplicative .  Directly or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled); and any other use which may be prohibited by AGP. Subscriber must limit access indirectly relates to the Services to its employeesuse of the service that is illegal or fraudulent. YOU FURTHER AGREE THAT CCCU SHALL NOT BE LIABLE FOR ANY COSTS, agentsFEES, subcontractors and consultants having a need for such access for the purposes of servicing the travel requirements of clients LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF ("Permitted Persons"1) and may not disclose or make the Services, including Apollo Services displays, available to any other third partyANY INACCURATE OR INCOMPLETE INFORMATION RECEIVED FROM ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH EXECUTING YOUR TRANSFER REQUEST TO ANOTHER PERSON’S ACCOUNT AT SUCH FINANCIAL INSTITUTION OR YOUR RECEIPT OF FUNDS FROM SUCH FINANCIAL INSTITUTION; (2) ANY CHARGES IMPOSED BY ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH CCCU’S EXTERNAL TRANSFER SERVICE TRANSACTIONS; AND (3) ANY TRANSFER LIMITATIONS SET BY ANOTHER FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER OR FROM WHICH A TRANSFER TO YOUR ACCOUNT HAS BEEN REQUESTED. Subscriber shall be liable for any improper disclosure made by the Permitted Persons. B. If Subscriber licenses AGP's Selective Access/Global Access product, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; provided, however (i) AGP shall have no responsibility or liability whatsoever with respect to such authorization or access; and (ii) AGP may restrict such access immediately upon written notice to Subscriber. C. AGP will provide repair and maintenance services for the AGP hardwareIN NO EVENT SHALL CCCU BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH YOUR CCCU EXTERNAL TRANSFER SERVICE TRANSFER REQUEST. Subscriber is prohibited from performing repair and maintenance on the AGP hardware itself or through a third party. Subscriber shall be responsible for all costs and expenses of repair required for any reason other than ordinary, authorized use. Subscriber may not disconnect the Services. D. AGP may, at its discretion, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS EXHIBIT HAS BEEN OMITTED AGREEMENT OR PROHIBITED BY APPLICABLE LAW, CCCU AND FILED SEPARATELY WITH ITS DIRECTORS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. CCCU MAKES NO WARRANTY OR REPRESENTATION REGARDING THE COMMISSION. CONFIDENTIAL TREATMENT RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CCCU EXTERNAL TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CCCU EXTERNAL TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY CCCU FROM ANY FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER OR FROM WHICH A TRANSFER TO YOUR ACCOUNT HAS BEEN REQUESTED WITH RESPECT TO OR THAT THE OMITTED PORTIONSCCCU EXTERNAL TRANSFER SERVICE WILL MEET ANY REQUIREMENTS OF ANY USER, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. downgrade Termination of the External Account Transfer may be requested by you, or by any other owner presenting ownership of that external account. This Agreement will continue to be in effect for any transactions that cannot be cancelled at the time of your termination. Cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by us but not yet paid prior to your cancellation of such service. CCCU reserves the right to terminate any access to this service immediately should you breach any part of this agreement or of the Membership and Account Agreement. The Credit Union may remove any or all enrolled external account(s) for any or no reason, including without Subscriber's prior consentlimitation fraud, misuse, kiting, ACH transaction returns, or any other unauthorized access to this service. Subscriber's use We are also permitted to terminate any or all of any enhanced, modified or new Service will constitute its agreement the services immediately if we are no longer able to the terms and conditions pertaining to provide such use, which shall be communicated to Subscriber in advance, either in written or electronic formservices.

Appears in 3 contracts

Samples: Terms and Conditions Agreement, Terms and Conditions Agreement, Terms and Conditions Agreement

Use of Services. A. Subscriber will utilize You must register an account (the Services strictly in accordance with “Account”) to use the DocumentationAppFlowy Services. Prohibited uses include servicing You must provide accurate, current and complete information during the registration process and keep your Account information, including contact and billing information, up-to-date at all times. You may not assign or training any third party (except as expressly provided otherwise transfer your Account to a Third Party. You are responsible for in maintaining the Reservations Services Attachment hereto); making speculative, duplicative or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled); confidentiality and any other use which may be prohibited by AGP. Subscriber must limit access to the Services to its employees, agents, subcontractors and consultants having a need for such access for the purposes security of servicing the travel requirements of clients ("Permitted Persons") your Account credentials and may not disclose or make the Services, including Apollo Services displays, available your credentials to any other third partyThird Party. Subscriber shall be You must immediately notify AppFlowy if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any improper disclosure made and all activities conducted through your Account. During your use of the AppFlowy Services, you must not: modify, adapt, alter, translate, or create derivative works of any AppFlowy Services except to the extent that such activities are permitted under applicable law or the open source license agreements applicable to any Open Source Software provided as part of the AppFlowy Services; reverse-engineer, decompile, disassemble, or attempt to derive the source code for any AppFlowy Services not provided by AppFlowy to Customer in source code form, in whole or in part, except to the Permitted Persons. B. If Subscriber licenses AGP's Selective Access/Global Access productextent that such activities are permitted under applicable law or the open source license agreements applicable to any Open Source Software provided as part of the AppFlowy Services; infringe or encourage the infringement or misappropriation of any Third Party’s intellectual property rights or other proprietary right, Subscriber including rights of publicity and privacy; distribute, license, sublicense, lease, rent, loan, or otherwise transfer your AppFlowy Services access to any Third Party; remove, alter, or obscure in any way the proprietary rights notices (including copyright, patent, and trademark notices and symbols) of AppFlowy or its suppliers contained on or within any AppFlowy Service; provide to AppFlowy any information or content, including Customer Content (defined below), that (a) is obscene, or contains any pornography, child pornography or any other content that otherwise promotes sexually explicit materials, or is otherwise harmful to minors; (b) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) involves any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information, or disseminating viruses, male or other malicious code; or (d) is otherwise objectionable on the grounds of public interest, public morality, public order, public security, national harmony or is prohibited by applicable laws; use the AppFlowy Services with any unsupported software (as may authorize another AGP subscriber to access be noted by AppFlowy in the client records entered into Apollo documentation for such AppFlowy Services); disclose the results of any benchmark tests on the AppFlowy Services by Subscriberwithout AppFlowy’s prior written consent; provided, however (i) AGP shall have no responsibility or liability whatsoever with respect to such authorization or access; and (ii) AGP may restrict such access immediately upon written notice to Subscriber. C. AGP will provide repair and maintenance services use the AppFlowy Services for the AGP hardware. Subscriber is prohibited from performing repair and maintenance on purpose of creating a product or service competitive with any AppFlowy Service or provide business process outsourcing services to Third Parties, except to the AGP hardware itself extent that such activities are permitted under applicable law or through a third party. Subscriber shall be responsible for all costs and expenses the open source license agreements applicable to any Open Source Software provided as part of repair required the AppFlowy Services; or use the AppFlowy Services other than as described in the documentation provided therewith, or for any reason other than ordinary, authorized use. Subscriber may not disconnect the Servicesunlawful purpose. D. AGP may, at its discretion, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. downgrade without Subscriber's prior consent. Subscriber's use of any enhanced, modified or new Service will constitute its agreement to the terms and conditions pertaining to such use, which shall be communicated to Subscriber in advance, either in written or electronic form.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Use of Services. A. Subscriber will utilize CLIENT agrees to the following regarding its use of Services: (i) CLIENT shall use Services strictly in accordance with the Documentation. Prohibited uses include servicing or training any third party (except as expressly provided for in the Reservations Services Attachment hereto)instructions and reasonable policies established by Cimplx from time to time and communicated to CLIENT; making speculative, duplicative or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled); and any other use which may be prohibited by AGP. Subscriber must limit access to the Services to its employees, agents, subcontractors and consultants having a need for such access for the purposes of servicing the travel requirements of clients ("Permitted Persons") and may not disclose or make the Services, including Apollo Services displays, available to any other third party. Subscriber shall be liable for any improper disclosure made by the Permitted Persons. B. If Subscriber licenses AGP's Selective Access/Global Access product, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; provided, however (i) AGP shall have no responsibility or liability whatsoever with respect to such authorization or access; and (ii) AGP may restrict such access immediately upon written notice to Subscriber. C. AGP will provide repair and maintenance services CLIENT shall use Services only for the AGP hardware. Subscriber is prohibited from performing repair and maintenance internal business purposes of CLIENT; (iii) to the extent CLIENT elects to decline any Services, relies on its own provision of Services, or delegates the AGP hardware itself or through performance of any such Services to a third party. Subscriber , Cimplx will not be responsible for such Services and CLIENT will be solely responsible; (iv) CLIENT shall not provide, directly or indirectly, Services or any portion thereof to any party other than CLIENT; (v) CLIENT shall not provide service bureau or other data processing services that make use of the Services or any part thereof without the express written consent of Cimplx; (vi) CLIENT shall be responsible for ensuring that CLIENT and its employees have access to the internet; (vii) CLIENT, and not Cimplx, will remain solely responsible for all costs decisions affecting its employees; (viii) CLIENT will remain responsible for the manner in which it uses Services, including the manner in which it interprets and expenses acts upon any guidance or recommendation provided by Cimplx; (ix) CLIENT understands and agrees that the Services are intended for use in the U.S. only for employees located in the U.S.; (x) CLIENT will be responsible for the consequences of repair required for any instructions CLIENT may give to Cimplx; and (xi) Cimplx may suspend access to Services by any employee of CLIENT if Cimplx has reason other than ordinary, authorized useto believe that such employee has violated such terms or is otherwise using any Service in an inappropriate manner. Subscriber All Services provided hereunder may not disconnect the Services. D. AGP may, be modified from time to time at its Cimplx’s sole discretion, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered that any such modifications will not delete or have a hardware or Software [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. downgrade without Subscriber's prior consent. Subscriber's use material adverse impact on any of any enhanced, modified or new Service will constitute its agreement to the terms and conditions pertaining to such use, which shall be communicated to Subscriber in advance, either in written or electronic formServices CLIENT is receiving.

Appears in 2 contracts

Samples: Master Software as a Service Agreement, Master Software as a Service Agreement

Use of Services. A. Subscriber a) Customer understands and agrees that it will utilize be financially responsible for all outstanding fees and charges relative to the Services strictly in accordance with use of the DocumentationService, whether or not such usage was authorized or unauthorized usage. Prohibited uses include servicing Without limiting the foregoing, Customer understands that anyone to whom Customer provides its user name and/or password will be able to use Customer's Account, Web Portal, voice mail, or training any third party (except other functions of the Service, and Customer shall be fully liable to Optivon for all charges resulting from such usage. b) Except as otherwise expressly provided for in the Reservations Services Attachment hereto); making speculativeherein, duplicative or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled); and any other use which may be prohibited by AGP. Subscriber must limit access to the Services to its employees, agents, subcontractors and consultants having a need for such access for the purposes of servicing the travel requirements of clients ("Permitted Persons") and may not disclose or make the Services, including Apollo Services displays, available to any other third party. Subscriber shall be liable for any improper disclosure made by the Permitted Persons. B. If Subscriber licenses AGP's Selective Access/Global Access product, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; provided, however (i) AGP shall have no responsibility or liability whatsoever with respect to such authorization or access; and (ii) AGP may restrict such access immediately upon written notice to Subscriber. C. AGP will provide repair and maintenance services for the AGP hardware. Subscriber is prohibited from performing repair and maintenance on the AGP hardware itself or through a third party. Subscriber Customer shall be responsible for all costs costs, expenses, claims or actions arising from calls on Customer’s Account, including (i) any such calls the purpose of which is theft or unauthorized usage of communications services or misleading or fraudulent communications of any nature (including, without limitation, including any calls related to unauthorized access to Customer’s telecommunications equipment or communications intended to effect theft through unauthorized use of calling cards) and expenses of repair required (ii) all unauthorized or fraudulent communications on pay-per-call numbers, information service calls, directory assistance calls or the like for which Optivon is billed that are passed through to the Customer (collectively, "fraudulent calls"). Customer shall not be excused from paying Optivon for any reason other than ordinary, authorized use. Subscriber may not disconnect Services provided to Customer or any portion thereof on the basis that fraudulent calls comprised a portion of the Services. D. AGP may. In the event Optivon discovers fraudulent calls being made (or reasonably believes fraudulent calls are being made), at its discretionOptivon shall immediately notify Customer. Notwithstanding the foregoing, enhance or modify a Service and may offer new nothing contained herein shall prohibit Optivon from taking immediate action (within one (1) hour of Optivon's first attempt to notify Customer) that is reasonably necessary to prevent such fraudulent calls from taking place, including without limitation, denying any Services to Subscriber; providedparticular ANIs or terminating any Services to or from specific affected locations. REGARDLESS OF WHETHER OR NOT OPTIVON BLOCKS SERVICE, howeverCUSTOMER SHALL STILL BE FULLY LIABLE FOR ALL FRAUDULENT CALLS MADE. If fraudulent calls are determined to have originated on Optivon's network and the Customer, no modification shall its employees or agents were not involved in the fraudulent calls, the Customer will not be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. downgrade without Subscriber's prior consent. Subscriber's use of any enhancedheld responsible for such calls, modified or new Service will constitute its agreement to the terms and conditions pertaining to if Optivon reasonably determines that such use, which shall be communicated to Subscriber calls are in advance, either fact fraudulent in written or electronic formnature.

Appears in 2 contracts

Samples: End User License Agreement and Terms of Service, End User License Agreement and Terms of Service

Use of Services. A. Subscriber As a condition to using External Account Transfers, you agree that you are solely responsible for the use of the service and that you will utilize use the Services strictly service in accordance with this Agreement. You agree it is your responsibility to ensure you enter valid and correct external account information. External Account Transfers sent to invalid or incorrect account numbers may not be recoverable and the DocumentationCredit Union is not responsible for returning funds due to an unrecoverable External Account Transfer error. Prohibited uses include servicing You agree that you will not attempt to circumvent the security features of Online Banking or training the External Account Transfer Service, make any third party (except improper or unauthorized transfer of funds and that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of Online Banking and this service as expressly provided well as accessing or using Online Banking or this service in any other unauthorized manner. You agree to be liable to the Credit Union and its vendors, for any claims, losses, liabilities, damages, expenses, or costs arising as a result of the negligent or intentional misuse of External Account Transfers or Online Banking by you or your authorized users. You are prohibited from using the services for any activity that: • Would result in you being or becoming a “money service business” as defined in the Reservations Services Attachment heretoBank Secrecy Act and its implementing regulations. • Knowingly accepts restricted transactions in connection with another person in unlawful Internet gambling as defined in the Unlawful Internet Gambling Enforcement Act and Regulation GG (Prohibition on Funding of Unlawful Internet Gambling); making speculative, duplicative . • Directly or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled); and any other use which may be prohibited by AGP. Subscriber must limit access indirectly relates to the Services to its employeesuse of the service that is illegal or fraudulent. YOU FURTHER AGREE THAT CCCU SHALL NOT BE LIABLE FOR ANY COSTS, agentsFEES, subcontractors and consultants having a need for such access for the purposes of servicing the travel requirements of clients LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF ("Permitted Persons"1) and may not disclose or make the Services, including Apollo Services displays, available to any other third partyANY INACCURATE OR INCOMPLETE INFORMATION RECEIVED FROM ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH EXECUTING YOUR TRANSFER REQUEST TO ANOTHER PERSON’S ACCOUNT AT SUCH FINANCIAL INSTITUTION OR YOUR RECEIPT OF FUNDS FROM SUCH FINANCIAL INSTITUTION; (2) ANY CHARGES IMPOSED BY ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH CCCU’S EXTERNAL TRANSFER SERVICE TRANSACTIONS; AND (3) ANY TRANSFER LIMITATIONS SET BY ANOTHER FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER OR FROM WHICH A TRANSFER TO YOUR ACCOUNT HAS BEEN REQUESTED. Subscriber shall be liable for any improper disclosure made by the Permitted Persons. B. If Subscriber licenses AGP's Selective Access/Global Access product, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; provided, however (i) AGP shall have no responsibility or liability whatsoever with respect to such authorization or access; and (ii) AGP may restrict such access immediately upon written notice to Subscriber. C. AGP will provide repair and maintenance services for the AGP hardwareIN NO EVENT SHALL CCCU BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH YOUR CCCU EXTERNAL TRANSFER SERVICE TRANSFER REQUEST. Subscriber is prohibited from performing repair and maintenance on the AGP hardware itself or through a third party. Subscriber shall be responsible for all costs and expenses of repair required for any reason other than ordinary, authorized use. Subscriber may not disconnect the Services. D. AGP may, at its discretion, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS EXHIBIT HAS BEEN OMITTED AGREEMENT OR PROHIBITED BY APPLICABLE LAW, CCCU AND FILED SEPARATELY WITH ITS DIRECTORS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. CCCU MAKES NO WARRANTY OR REPRESENTATION REGARDING THE COMMISSION. CONFIDENTIAL TREATMENT RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CCCU EXTERNAL TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CCCU EXTERNAL TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY CCCU FROM ANY FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER OR FROM WHICH A TRANSFER TO YOUR ACCOUNT HAS BEEN REQUESTED WITH RESPECT TO OR THAT THE OMITTED PORTIONSCCCU EXTERNAL TRANSFER SERVICE WILL MEET ANY REQUIREMENTS OF ANY USER, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. downgrade Termination of the External Account Transfer may be requested by you, or by any other owner presenting ownership of that external account. This Agreement will continue to be in effect for any transactions that cannot be cancelled at the time of your termination. Cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by us but not yet paid prior to your cancellation of such service. CCCU reserves the right to terminate any access to this service immediately should you breach any part of this agreement or of the Membership and Account Agreement. The Credit Union may remove any or all enrolled external account(s) for any or no reason, including without Subscriber's prior consentlimitation fraud, misuse, kiting, ACH transaction returns, or any other unauthorized access to this service. Subscriber's use We are also permitted to terminate any or all of any enhanced, modified or new Service will constitute its agreement the services immediately if we are no longer able to the terms and conditions pertaining to provide such use, which shall be communicated to Subscriber in advance, either in written or electronic formservices.

Appears in 1 contract

Samples: Terms and Conditions Agreement

Use of Services. A. Subscriber As a condition to using External Account Transfers, you agree that you are solely responsible for the use of the service and that you will utilize use the Services strictly service in accordance with this Agreement. You agree it is your responsibility to ensure you enter valid and correct external account information. External Account Transfers sent to invalid or incorrect account numbers may not be recoverable and the DocumentationCredit Union is not responsible for returning funds due to an unrecoverable External Account Transfer error. Prohibited uses include servicing You agree that you will not attempt to circumvent the security features of Online Banking or training the External Account Transfer Service, make any third party (except improper or unauthorized transfer of funds and that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of Online Banking and this service as expressly provided well as accessing or using Online Banking or this service in any other unauthorized manner. You agree to be liable to the Credit Union and its vendors, for any claims, losses, liabilities, damages, expenses, or costs arising as a result of the negligent or intentional misuse of External Account Transfers or Online Banking by you or your authorized users. You are prohibited from using the services for any activity that: • Would result in you being or becoming a “money service business” as defined in the Reservations Services Attachment heretoBank Secrecy Act and its implementing regulations. • Knowingly accepts restricted transactions in connection with another person in unlawful Internet gambling as defined in the Unlawful Internet Gambling Enforcement Act and Regulation GG (Prohibition on Funding of Unlawful Internet Gambling); making speculative, duplicative . • Directly or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled); and any other use which may be prohibited by AGP. Subscriber must limit access indirectly relates to the Services to its employeesuse of the service that is illegal or fraudulent. YOU FURTHER AGREE THAT CCCU SHALL NOT BE LIABLE FOR ANY COSTS, agentsFEES, subcontractors and consultants having a need for such access for the purposes of servicing the travel requirements of clients LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF ("Permitted Persons"1) and may not disclose or make the Services, including Apollo Services displays, available to any other third partyANY INACCURATE OR INCOMPLETE INFORMATION RECEIVED FROM ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH EXECUTING YOUR TRANSFER REQUEST TO ANOTHER PERSON’S ACCOUNT AT SUCH FINANCIAL INSTITUTION OR YOUR RECEIPT OF FUNDS FROM SUCH FINANCIAL INSTITUTION; (2) ANY CHARGES IMPOSED BY ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH CCCU’S EXTERNAL TRANSFER SERVICE TRANSACTIONS; AND (3) ANY TRANSFER LIMITATIONS SET BY ANOTHER FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER OR FROM WHICH A TRANSFER TO YOUR ACCOUNT HAS BEEN REQUESTED. Subscriber shall be liable for any improper disclosure made by the Permitted Persons. B. If Subscriber licenses AGP's Selective Access/Global Access product, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; provided, however (i) AGP shall have no responsibility or liability whatsoever with respect to such authorization or access; and (ii) AGP may restrict such access immediately upon written notice to Subscriber. C. AGP will provide repair and maintenance services for the AGP hardwareIN NO EVENT SHALL CCCU BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH YOUR CCCU EXTERNAL TRANSFER SERVICE TRANSFER REQUEST. Subscriber is prohibited from performing repair and maintenance on the AGP hardware itself or through a third party. Subscriber shall be responsible for all costs and expenses of repair required for any reason other than ordinary, authorized use. Subscriber may not disconnect the Services. D. AGP may, at its discretion, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS EXHIBIT HAS BEEN OMITTED AGREEMENT OR PROHIBITED BY APPLICABLE LAW, CCCU AND FILED SEPARATELY WITH ITS DIRECTORS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. CCCU MAKES NO WARRANTY OR REPRESENTATION REGARDING THE COMMISSION. CONFIDENTIAL TREATMENT RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CCCU EXTERNAL TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CCCU EXTERNAL TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY CCCU FROM ANY FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER OR FROM WHICH A TRANSFER TO YOUR ACCOUNT HAS BEEN REQUESTED WITH RESPECT TO OR THAT THE OMITTED PORTIONSCCCU EXTERNAL TRANSFER SERVICE WILL MEET ANY REQUIREMENTS OF ANY USER, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. downgrade Termination of the External Account Transfer may be requested by you, or by any other owner presenting ownership of that external account. This Addendum will continue to be in effect for any transactions that cannot be cancelled at the time of your termination. Cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by us but not yet paid prior to your cancellation of such service. CCCU reserves the right to terminate any access to this service immediately should you breach any part of this agreement or of the Membership and Account Agreement. The Credit Union may remove any or all enrolled external account(s) for any or no reason, including without Subscriber's prior consentlimitation fraud, misuse, kiting, ACH transaction returns, or any other unauthorized access to this service. Subscriber's use We are also permitted to terminate any or all of any enhanced, modified or new Service will constitute its agreement the services immediately if we are no longer able to the terms and conditions pertaining to provide such use, which shall be communicated to Subscriber in advance, either in written or electronic formservices.

Appears in 1 contract

Samples: Terms and Conditions Agreement

Use of Services. A. Subscriber (A) Customer warrants that it holds such licenses and such other authorizations and consents as may be required to perform its obligations hereunder and to use or resell the Leased Capacity and the Ancillary Services. (B) Customer represents and warrants that it will utilize use the Leased Capacity and the Ancillary Services strictly in accordance compliance with all applicable codes, ordinances, laws, rules and regulations of any governmental agency having jurisdiction over the DocumentationLeased Capacity or the Ancillary Services. (C) Subject to the provisions of this Agreement, Customer may use the Leased Capacity and the Ancillary Services for any lawful purpose. Prohibited uses include servicing Customer acknowledges and agrees that it has no right to use any particular fibers or training equipment comprising the means by which the Leased Capacity or Ancillary Services are provided or in any manner associated with MCI WorldCom's network, and that except as expressly permitted by SUBSECTION 14(A) of this Agreement, Customer shall keep any and all of the Leased Capacity and MCI WorldCom's network free from any liens, rights or claims of any third party attributable to Customer. (except as expressly provided for D) Customer may sell services using the Leased Capacity or the Ancillary Services or lease portions of the Leased Capacity or the Ancillary Services to third parties without restriction. No such sale or lease shall, however, eliminate or affect Customer's obligations under this Agreement. (E) Customer shall not use the Leased Capacity or the Ancillary Services in a way which physically interferes in any way with or otherwise adversely affects the Reservations Services Attachment hereto); making speculativeuse of the fibers, duplicative cable or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled); and conduit of any other use which may be prohibited by AGP. Subscriber must limit access to Person (as defined in SUBSECTION 14(C)(iii) below) using the Leased Capacity, the Ancillary Services to its employees, agents, subcontractors and consultants having a need for such access for the purposes of servicing the travel requirements of clients ("Permitted Persons") and may not disclose or make the Services, including Apollo Services displays, available to any other third party. Subscriber shall be liable for any improper disclosure made by the Permitted PersonsMCI WorldCom's network. B. If Subscriber licenses AGP's Selective Access/Global Access product(F) Customer and MCI WorldCom agree to cooperate with and reasonably support each other in complying with any requirements applicable to their respective rights and obligations hereunder imposed by any governmental authority, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; provided, however so long as (i) AGP shall have no responsibility such cooperation does not materially increase a party's costs or liability whatsoever efforts in connection with respect to such authorization or access; its performance of this Agreement, and (ii) AGP may restrict the party requesting such access immediately upon written notice support or cooperation agrees to Subscriber. C. AGP will provide repair and maintenance services for reimburse the AGP hardware. Subscriber is prohibited from performing repair and maintenance on the AGP hardware itself or through a third party. Subscriber shall be responsible other party for all costs and expenses of repair required for any reason other than ordinary, authorized use. Subscriber may not disconnect the Servicesincurred in connection with providing it. D. AGP may(G) MCI WorldCom and Customer acknowledge and agree that this Agreement, at its discretion, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. downgrade without Subscriber's prior consent. Subscriber's use of any enhanced, modified or new Service will constitute its agreement to the terms and conditions pertaining extent that is subject to such useFCC regulation, is an inter-carrier agreement which shall be communicated is not subject to Subscriber the filing requirements of Section 211(a) of the Communications Act of 1934 (47 U.S.C. Section 211(a)) as implemented in advance, either in written or electronic form47 CFR Section 43.51.

Appears in 1 contract

Samples: Capacity Lease Agreement (Communication Telesystems International)

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Use of Services. A. Subscriber We will utilize provide access, at the express request of each Account Holder, between unlike accounts that may or may not be related by common ownership or common signers. Each Account Holder understands that the Security Codes allow active account transaction functionality (i.e., payments, transfers, etc.) between the Accounts and to third parties Each Account Holder authorizes us to allow each other Account Holder and its Authorized MA Users access to the Account Holder’s Accounts via the Online System with full authority. This may include Services strictly that are made available to other Account Holders but are not made available by us directly to the Account Holder whose Accounts are affected. This includes authority granted under this Agreement or under any applicable Other Agreement. Without limiting the foregoing, each Account Holder authorizes us to debit or credit its Accounts and otherwise to act in accordance with Communications received from any other Account Holder or Authorized MA User. Each Account Holder agrees that we are entitled to act upon any instruction or other Communication received by us through the DocumentationOnline System from any Authorized MA User, and may treat that Communication received through the Online System as valid to the same extent and to the same effect as if it had been received through the Online System from one of the Account Holders whose Account will be debited or otherwise is affected. Prohibited uses include servicing To this end, each Account Holder appoints every other Account Holder and Authorized MA User as its agent and attorney in fact for the purpose of making payment orders and providing Communications to us, and agrees to be bound by any payment order or training Communication issued through the Online System by any third party (except as other Account Holder or Authorized MA User. A Communication received by us through the Online System will be deemed valid and authorized. We are not required to verify the authenticity of any Communication other than through the security procedures set forth in this Agreement. Except to the extent expressly provided for prohibited by law or regulation, a Communication received by us via the Online System in the Reservations name of the Account Holder will be deemed an authorized Communication, binding on the Account Holder named in the Communication, if the Communication is sent by: • Any Authorized MA User, regardless of whether such individuals are reflected as authorized signers on the Account; • Any officer of the Account Holder; • Any other employee, designee or other person who has been authorized by the Account Holder to use the Online System under the terms of this Agreement or of any Other Agreement, or who is otherwise authorized to bind the Account Holder; • Any other person, whether or not such person was authorized to act on behalf of the Account Holder, if the Communication is in the name of the Account Holder and if we verify the authenticity of the Communication using the security procedures described in this Agreement; or Treasury Management Services Attachment heretoFM 299 ONLINE BANKING ACCESS AGREEMENT & ELECTRONIC FUND TRANSFER ACT DISCLOSURE • Any person with actual or implied authority to represent or bind the Account Holder, whether by agreement with us or otherwise, to the fullest extent allowed by law (including the law of agency or otherwise); making speculative. Without limiting the foregoing, duplicative or fictitious bookings (and except for test or demonstration purposes, which bookings shall be promptly canceled); and any other use which may be to the extent expressly prohibited by AGP. Subscriber must limit access to law or regulation, each Account Holder is bound by any Communication received by us through the Services to its employees, agents, subcontractors and consultants having a need for such access for the purposes of servicing the travel requirements of clients ("Permitted Persons") and may not disclose or make the Services, including Apollo Services displays, available to any other third party. Subscriber shall be liable for any improper disclosure made by the Permitted Persons. B. If Subscriber licenses AGP's Selective Access/Global Access product, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; provided, however Online System if: (i) AGP shall have no responsibility The instruction or liability whatsoever with respect to such authorization other Communication is in Account Holder’s name (or accessin the name of any other Account Holder) and the payment order or other Communication was actually authorized by the Account Holder; and or (ii) AGP may restrict such access immediately upon written notice to SubscriberWe verify the authenticity of the payment order or other Communication using the commercially reasonable security procedures set forth in this Agreement, whether or not the payment order or other Communication was actually authorized by the Account Holder or by any other Authorized MA User. C. AGP will provide repair and maintenance services for the AGP hardware. Subscriber is prohibited from performing repair and maintenance on the AGP hardware itself or through a third party. Subscriber shall be responsible for all costs and expenses of repair required for any reason other than ordinary, authorized use. Subscriber may not disconnect the Services. D. AGP may, at its discretion, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. downgrade without Subscriber's prior consent. Subscriber's use of any enhanced, modified or new Service will constitute its agreement to the terms and conditions pertaining to such use, which shall be communicated to Subscriber in advance, either in written or electronic form.

Appears in 1 contract

Samples: Online Banking Access Agreement

Use of Services. A. Subscriber will utilize the Services strictly in accordance with the Documentation. Prohibited uses include servicing or training any third party (except as expressly provided for in the Reservations Services Attachment hereto)other than a Client User; making speculative, duplicative or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled)bookings; and any other use which may be prohibited by AGP. Subscriber must limit access to the Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as *****. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. Services to its employees, agents, subcontractors agents and consultants Client Users having a need for such access for the purposes of servicing the travel requirements of clients ("Permitted Persons") and may not disclose or make the Services, including Apollo Services displays, available to any other third party. Subscriber shall be liable is responsible for any improper disclosure made by the Permitted Personsensuring that its Client Users adhere to all terms of this Agreement. B. If Subscriber licenses AGP's Selective Access/Global Access product, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; provided, however (i) AGP shall have no responsibility or liability whatsoever with respect to such authorization or access; and (ii) AGP may restrict such access immediately upon written notice to Subscriber. C. AGP will provide repair and maintenance services for the AGP hardwareHardware. Subscriber is prohibited from performing repair and maintenance on the AGP hardware Hardware itself or through a third party. Subscriber shall be responsible for all costs and expenses of repair required for any reason other than ordinary, authorized use. Subscriber may not disconnect the Services. D. AGP may, at its discretion, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. downgrade without Subscriber's prior consent. Subscriber's use of any enhanced, modified or new Service will constitute its agreement to the terms and conditions pertaining to such use. E. Subsequent to the Contract Effective Date, which AGP will deploy a new version of its [*]. AGP agrees that on or before [*], AGP will provide this new version to Subscriber; provided, however, Subscriber understands and agrees that the product may not be in its final form and that Subscriber may assist AGP in working through technical and performance issues for up to 60 days. At such time the new version is in its final form, this Agreement shall be communicated amended whereby Subscriber shall agree to terms and conditions pertaining to its use of the product, including, but not limited to, charges to be determined. F. AGP shall provide Subscriber training in advance, either in written or electronic form.the use of the Services. The courses listed below are provided at no charge. All other courses that Subscriber elects to attend and any onsite training requested by Subscriber will be subject to Subscriber's payment of AGP's then-current fee therefor. Learning Apollo Moving to Apollo CarMaster LeisureShopper Tours and Cruises RoomMaster Custom Check Focalpoint Coordinator GlobalFares IFQ GlobalWare Apollo Formats Scriptwriter Plus Timesavers TravelScreen Plus

Appears in 1 contract

Samples: Subscriber Services Agreement (Preview Travel Inc)

Use of Services. A. Subscriber Customer will utilize not itself, and will not permit others to: (a) use the Subscription Services strictly to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking or availability testing of the Subscription Services; (c) perform or disclose any performance or vulnerability testing of the Subscription Services without Company’s prior written approval, or perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking or remote access testing of the Subscription Services; (d) use the Subscription Services to perform cyber currency or crypto currency mining, (e) share passwords among Authorized Users, or otherwise permit more than one Authorized User to access the Subscription Services using a single corresponding account, ((a) through (e) collectively, the “Use Policy”). In addition to its other rights and remedies under this Agreement, Company has the right to take immediate remedial action if Customer violates or permits the violation of the Use Policy, including to remove or disable access to material that violates the Use Policy. It is agreed that the Company may use Data related to Customer’s account, in accordance connection with the DocumentationCompany providing the Subscription Services. Prohibited uses include servicing or training any third party (except as expressly provided for in Customer further agrees that the Reservations Company may copy, store, process, analyze and display such Data relating to Images through the Subscription Services Attachment hereto); making speculative, duplicative or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled); and any other use which may be prohibited by AGP. Subscriber must limit access hereby grants to the Services Company an irrevocable, non-exclusive, transferable, royalty-free, right and license to its employees, agents, subcontractors and consultants having a need for such access use Data relating to Images for the purposes of servicing improving or validating the travel requirements performance of clients ("Permitted Persons") the Subscription Services. The Company and may not disclose ZeroEyes at its option reserves the right to retain Data being accessed or make the Services, including Apollo Services displays, available to any other third party. Subscriber shall be liable for any improper disclosure made received by the Permitted Persons. B. If Subscriber licenses AGP's Selective Access/Global Access productSubscription Services at its discretion. Customer will ensure that all passwords and all access to the accounts held by Authorized Users within the Subscription Services are kept secure and confidential, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; provided, however (i) AGP shall have no responsibility or liability whatsoever with respect to such authorization or access; and (ii) AGP may restrict such access immediately upon written notice to Subscriber. C. AGP Customer will provide repair and maintenance services for the AGP hardware. Subscriber is prohibited from performing repair and maintenance on the AGP hardware itself or through a third party. Subscriber shall be responsible for all costs access and expenses of repair required for any reason other than ordinary, authorized use. Subscriber losses that may not disconnect the Services. D. AGP may, at its discretion, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. downgrade without Subscriber's prior consent. Subscriber's use of any enhanced, modified or new Service will constitute its agreement occur to the terms and conditions pertaining extent caused by security lapses, failure to such usekeep confidential access credentials, which shall be communicated to Subscriber in advance, either in written or electronic formother misconduct by Authorized Users.

Appears in 1 contract

Samples: Subscription Agreement

Use of Services. A. Subscriber You agree that when using the Services: i) You shall promptly notify us of any changes to your contact and payment information. ii) We will utilize endeavor to provide notice to you of any changes to Services, Fees, or other updates by sending an email to the Services strictly in accordance with the Documentationemail addresses provided by you. Prohibited uses include servicing It is your responsibility to read all emails. iii) For security, operational or training any third party (except as expressly provided for in the Reservations Services Attachment hereto); making speculativeother related reasons, duplicative or fictitious bookings (except for test or demonstration purposes, which bookings shall be promptly canceled); we may regularly record you and any other use which may be prohibited by AGP. Subscriber must limit access to the Services to its employees, agents, subcontractors and consultants having a need for such access for the purposes of servicing the travel requirements of clients ("Permitted Persons") and may not disclose or make the Servicesmembers, including Apollo Services displaysyour guests, available to any via video, audio or other third party. Subscriber shall be liable for any improper disclosure made means in certain or all of the areas in the Premises and monitor and record communications sent through the Wi-Fi enabled Internet connection provided by us in the Permitted PersonsPremises. B. If Subscriber licenses AGP's Selective Access/Global Access productiv) We may disclose information about you as necessary to satisfy any applicable law, Subscriber may authorize another AGP subscriber to access the client records entered into Apollo Services by Subscriber; providedregulation, however (i) AGP shall have no responsibility legal process, or liability whatsoever with respect to such authorization or access; and (ii) AGP may restrict such access immediately upon written notice to Subscribergovernment request. C. AGP will provide repair and maintenance services for the AGP hardware. Subscriber is prohibited from performing repair and maintenance on the AGP hardware itself or through a third party. Subscriber shall be v) You are responsible for all costs and expenses of repair required for your acts or omissions, including, without limitation, any reason damage you cause to our or any other than ordinary, authorized useperson’s property or any injury you cause to any person. Subscriber may not disconnect You agree to comply with any house rules posted or provided on the ServicesPremises. D. AGP mayvi) Access to any conference rooms or shared use spaces must be reserved. Please no conference room squatting. Conference rooms are for meetings with customers, teammates, and clients only. If you want to hold an event at its discretionthe Premises, enhance or modify a Service and may offer new Services to Subscriber; provided, however, no modification shall be made which would be considered a hardware or Software [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. downgrade without Subscriber's prior consent. Subscriber's use of any enhanced, modified or new Service will constitute its agreement please talk to the Premises staff to discuss scheduling, guest policy, insurance requirements and additional fees and terms and conditions pertaining conditions. You must provide at least forty-eight (48) hours’ notice and obtain Bespoke’s prior written permission to such usehost an event on the Premises. Please clean up after using a conference room or shared space. If you re-arrange the furniture in the conference room, we expect that you will return it to the original set-up when you’re finished. vii) We reserve the right to place a limit on the number of guests you are permitted to invite onto the Premises at any one time, in our sole discretion. viii) Bespoke shall have sole power to direct electricians to where and how telephone and other wires are to be introduced into the Premises. No boring or cutting of wires is permitted without the consent of Bespoke. ix) No furniture, large or bulky packages, supplies, equipment or merchandise will be received at the Premises unless approved first by Bespoke. x) Except for Bespoke’s gross negligence, you assume full responsibility for protecting the Premises from theft, robbery and pilferage, which shall be communicated includes keeping doors locked and other means of entry to Subscriber in advance, either in written or electronic formthe Premises closed and secured.

Appears in 1 contract

Samples: Bespoke Coworking Membership Agreement

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