Common use of Use of Software Services Clause in Contracts

Use of Software Services. Company shall not and shall not permit others in using the Software Services to: (i) defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as rights of privacy, publicity and intellectual property) of others or ProRata; (ii) publish, ship, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, false, fraudulent, tortuous, indecent, unlawful, immoral or otherwise objectionable material or information (including any unsolicited commercial communications); (iii) publish, ship, distribute or disseminate material or information that encourages conduct that could constitute a criminal offense or give rise to civil liability; (iv) engage in any conduct that could constitute a criminal offense or give rise to civil liability for ProRata; (v) misrepresent or in any other way falsely identify Company’s identity or affiliation, including through impersonation or altering any technical information in communications using the Software Services; (vi) transmit or upload any material through the Software Services contains viruses, trojan horses, worms, time bombs, cancelbots, or any other programs with the intent or effect of damaging, destroying, disrupting or otherwise impairing ProRata’s, or any other person’s or entity’s, network, computer system, or other equipment; (vii) interfere with or disrupt the Software Services, networks or servers connected to the ProRata systems or violate the regulations, policies or procedures of such networks or servers, including unlawful or unauthorized altering any of the information submitted through the Software Services; (viii) attempt to gain unauthorized access to the Software Services, Customers’ computer systems, or networks using the Software Services through any means; or (ix) interfere with another party’s use of the Software Services, including any parties Company has done business with or choose not to do business with through the Software Services. ProRata has no obligation to monitor Company’s use of the Software Services. However, ProRata reserves the right (but has no obligation) at all times to monitor, review, retain and disclose any information as necessary to satisfy or cooperate with any applicable law, regulation, legal process or governmental request. Company shall use commercially reasonable efforts, including reasonable security measures relating to administrator account access details, to ensure that no unauthorized person may gain access to the Services.

Appears in 2 contracts

Samples: Services Agreement, Service Agreement

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Use of Software Services. Company Customer shall not and shall not permit others in using the Software Services to: (i) defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as rights of privacy, publicity and intellectual property) of others or ProRataAdministrate; (ii) publish, ship, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, false, fraudulent, tortuous, indecent, unlawful, immoral or otherwise objectionable material or information (including any unsolicited commercial communications); (iii) publish, ship, distribute or disseminate material or information that encourages conduct that could constitute a criminal offense or give rise to civil liability; (iv) engage in any conduct that could constitute a criminal offense or give rise to civil liability for ProRataAdministrate; (v) misrepresent or in any other way falsely identify CompanyCustomer’s identity or affiliation, including through impersonation or altering any technical information in communications using the Software Services; (vi) transmit or upload any material through the Software Services contains viruses, trojan horses, worms, time bombs, cancelbots, or any other programs with the intent or effect of damaging, destroying, disrupting or otherwise impairing ProRataAdministrate’s, or any other person’s or entity’s, network, computer system, or other equipment; (vii) interfere with or disrupt the Software Services, networks or servers connected to the ProRata Administrate systems or violate the regulations, policies or procedures of such networks or servers, including unlawful or unauthorized altering any of the information submitted through the Software Services; (viii) attempt to gain unauthorized access to the Software Services, Customersother Administrate customers’ computer systems, systems or networks using the Software Services through any means; or (ix) interfere with another party’s use of the Software Services, including any parties Company Customer has done business with or choose not to do business with through the Software Services. ProRata Administrate has no obligation to monitor CompanyCustomer’s use of the Software Services. However, ProRata reserves the right (but has no obligation) Administrate may at all times to any time monitor, review, retain and disclose any information as necessary to satisfy or cooperate with any applicable law, regulation, legal process or governmental request. Company Customer shall use commercially reasonable efforts, including reasonable security measures relating to administrator account access details, to ensure that no unauthorized person may gain access to the Services.

Appears in 1 contract

Samples: Software Services Agreement

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Use of Software Services. Company Customer shall not and shall not permit others in using the Software Services to: (i) defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as rights of privacy, publicity and intellectual property) of others or ProRataAdministrate; (ii) publish, ship, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, false, fraudulent, tortuous, indecent, unlawful, immoral or otherwise objectionable material or information (including any unsolicited commercial communications); (iii) publish, ship, distribute or disseminate material or information that encourages conduct that could constitute a criminal offense or give rise to civil liability; (iv) engage in any conduct that could constitute a criminal offense or give rise to civil liability for ProRataAdministrate; (v) misrepresent or in any other way falsely identify CompanyCustomer’s identity or affiliation, including through impersonation or altering any technical information in communications using the Software Services; (vi) transmit or upload any material through the Software Services contains viruses, trojan horses, worms, time bombs, cancelbots, or any other programs with the intent or effect of damaging, destroying, disrupting or otherwise impairing ProRataAdministrate’s, or any other person’s or entity’s, network, computer system, or other equipment; (vii) interfere with or disrupt the Software Services, networks or servers connected to the ProRata Administrate systems or violate the regulations, policies or procedures of such networks or servers, including unlawful or unauthorized unauthorised altering any of the information submitted through the Software Services; (viii) attempt to gain unauthorized unauthorised access to the Software Services, Customersother Administrate customers’ computer systems, systems or networks using the Software Services through any means; or (ix) interfere with another party’s use of the Software Services, including any parties Company Customer has done business with or choose not to do business with through the Software Services. ProRata Administrate has no obligation to monitor CompanyCustomer’s use of the Software Services. However, ProRata reserves the right (but has no obligation) Administrate may at all times to any time monitor, review, retain and disclose any information as necessary to satisfy or cooperate with any applicable law, regulation, legal process or governmental request. Company Customer shall use commercially reasonable efforts, including reasonable security measures relating to administrator account access details, to ensure that no unauthorized unauthorised person may gain access to the Services.

Appears in 1 contract

Samples: Software Services Agreement

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