Common use of Material and Products Clause in Contracts

Material and Products. ACSB will exercise no control whatsoever over the content of the information passing through the network except for what is noted in Section J of this agreement. ACSB will not host any material that is, in ACSB sole discretion, judged as unlawful, threatening, pornographic, political, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Please contact ACSB if uncertain of the nature of your content. ACSB makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ACSB also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of ACSB is at the Client’s own risk, and ACSB specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. ACSB expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. ACSB specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Client may not run background processes on ACSB’s servers. Violations of this policy will result in a user’s background processes being killed, and may result in account suspension.