Common use of ADDITIONAL CUSTOMER RESPONSIBILITIES Clause in Contracts

ADDITIONAL CUSTOMER RESPONSIBILITIES. 4.1 Customer agrees that it will not use or permit the use of the Subscription Services to send unsolicited mass mailings outside its organization, it being understood that the term "unsolicited mass mailings" includes all statutory and other common definitions, including all Commercial Electronic Marketing Messages as defined in the U.S. CAN SPAM Act. 4.2 Customer agrees that it is solely responsible for, and will indemnify DocuSign with respect to, the nature and content of all materials, works, data, statements, and other visual, graphical, video, written or audible communications of any nature submitted by any Authorized User or otherwise Processed through Customer's Account. 4.3 Customer further agrees not to use or permit the use of the Subscription Services: (a) to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (b) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability (other than contractual liability of the parties under eContracts Processed through the Subscription Services); (c) in any manner that is likely to damage, disable, overburden, or impair the System or the Subscription Services or interfere in any way with the use or enjoyment of the Subscription Services by others; or (d) in any way that constitutes or encourages conduct that could constitute a criminal offense. Although DocuSign does not actively monitor the content Processed through the Subscription Services, DocuSign may at any time and without prior notice suspend any use of the Subscription Services and/or remove or disable any content as to which DocuSign is made aware of a reason for concern as to such use or content. DocuSign agrees to exert reasonable commercial efforts to provide Customer with notice of any such suspension or disablement before its implementation, or promptly thereafter.

ADDITIONAL CUSTOMER RESPONSIBILITIES. 4.1 5.1 Customer agrees that it will not use or permit the use of the Subscription Hosted Services to send unsolicited mass mailings outside its organization, it being understood that the term "“unsolicited mass mailings" ” includes all statutory and other common definitions, including all Commercial Electronic Marketing Messages 'commercial communications' as defined in the E-commerce Regulations 2003 and 'communications' and 'electronic mail' as defined in the Privacy and Electronic Communications (EC Directive) Regulations 2003 in the United Kingdom or any unsolicited commercial electronic marketing messages prohibited or regulated by the U.S. CAN SPAM ActAct or any analogous regulation worldwide. 4.2 5.2 Customer agrees that it is solely responsible for, and will indemnify DocuSign with respect to, for the nature and content of all materials, works, data, statements, and other visual, graphical, video, written or audible communications of any nature submitted by any Authorized Authorised User or otherwise Processed through Customer's ’s Account. 4.3 5.3 Customer further agrees not to use or permit the use of the Subscription Hosted Services: (a) to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (b) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability (other than contractual liability of the parties under eContracts Processed through the Subscription Hosted Services); (c) in any manner that is likely to damage, disable, overburden, or impair the System or the Subscription Hosted Services or interfere in any way with the use or enjoyment of the Subscription Hosted Services by others; or (d) in any way that constitutes or encourages conduct that could constitute a criminal offenseoffence. Although DocuSign Apposite does not actively monitor the content Processed processed through the Subscription Hosted Services, DocuSign Apposite may at any time and without prior notice suspend any use of the Subscription Hosted Services and/or remove or disable any content as to which DocuSign Apposite is made aware of a reason for concern as to such use or content. DocuSign Apposite agrees to exert reasonable commercial efforts to provide Customer with notice of any such suspension or disablement before its implementation, or promptly thereafter. 5.4 Customer acknowledges and agrees that where use of the Hosted Services involves use of payment channel functionality such payment channel functionality is not provided by Apposite but by third party providers and where the Customer elects to use such payment channel functionality that use shall be subject to the terms and conditions and privacy policies of such third party providers thereof and the Customer should make its own enquiries to inform itself in that regard and Apposite shall not be responsible for the privacy or security of the payment channel functionality in any way.