4.1 Acceptable Use of Services. The Customer may not:
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(a) use, or encourage, promote facilitate or instruct others to use the Services for any illegal, harmful or offensive use or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful or offensive;
(b) use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device;
(c) make network connections to any users, hosts, or networks unless the Customer has permission to communicate with them;
(d) distribute, publish, send or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising or solicitations (like ‘spam’), including commercial advertising and informational announcements
Datawalls reserves the right, but does not assume the obligation, to investigate any violate of this Section or misuse of the Services.
4.2 Lawful Purposes. The Customer shall only use the Services for lawful purposes. The Customer represents and warrants that it is and shall at all times be in compliance with all Applicable Law.
4.3 Registration Data. When ordering the Services, the Customer will be prompted to register for an account (“User Account”). Upon registering a User Account, the Customer agrees to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site or any additional Agreements or addendum provided for Custom Orders (“Registration Data”); (b) maintain the security of the Customer’s password; (c) maintain and promptly update the Registration Data, and any other information provided, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provided. The Customer is responsible for all activity on its User Account, including all use of the Customer Data or the activity performed through the Services through your User Account by an agent, representative, employee, or any other person acting on the Customer’s behalf. Individuals who register for a User Account on half of a company or organization expressly represent and warrant that they have the authority to bind such company or organization.
4.4 Bandwidth Speed and Usage Limits. Bandwidth speed and usage limits (“Limits”) will apply to the Services as described on the Site at the time of Order or acceptance of a Customized Order. Additional Fees may be charged for increased Limits. The Provider may amend such Limits or Fees upon providing thirty (30) days notice to the Customer.
4.5 Ownership of Customer Data and Intellectual Property; License. Customer shall own all right, title and interest, including, without limitation, all copyright, patent rights, trade secret rights, trade marks and any other proprietary right or interest, therein relating to the Customer Data. Provider shall execute and deliver such instruments and take such other steps as may be requested by Customer from time to time in order to give effect to the provisions of this Article. The Customer hereby grants to the Provider a limited, non-exclusive and revocable license to use the Customer Data solely for the purpose of performing the Services hereunder.
4.6 Responsibilities, Representations and Warranties of the Customer.
(a) The Customer agrees that it shall be responsible for providing and maintaining its own Internet access and all necessary telecommunications equipment, services, software and other materials (collectively, “Customer Equipment”) at the Customer’s location(s) necessary for accessing the Provider System.
(b) The Customer agrees to notify the Provider of any changes or maintenance to the Customer Equipment, including any internet service provider (ISP) changes, system configuration changes or any hardware or software upgrades, which may affect the Services provided hereunder.
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(c) The Customer agrees that it will remain responsible for administering the security of the Customer Data, including the granting of rights of access to the Customer Data.
(d) The Customer represents and warrants that it has the right to enter into this Agreement and to allow the Provider to perform the Services.
(e) The Customer is solely responsible for providing, updating, uploading, modifying and maintaining the Customer Data.
4.7 Customer Indemnity Regarding Use of Services and Customer Data. The Customer shall be solely responsible for all inputs, selection and use of the Services and all Customer Data or other data transmitted, received or created using the Provider System, even if transmitted, received or created by someone else, and the Customer agrees to defend, indemnify and hold the Provider, its directors, officers, employees, agents, contractors and affiliates harmless from any loss, damage or liability which may result therefrom or from any breach by the Customer of this Agreement.