Common use of Use Guidelines Clause in Contracts

Use Guidelines. Customer and its Users shall use the Service solely for Customer’s internal business purposes as contemplated by this Agreement and shall not: (i) send, upload, or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party privacy or IP rights; (ii) send, upload, or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (iii) interfere with or disrupt, damage, or impair the integrity or performance of the Service or the data contained therein; (iv) remove, delete, obscure, or alter any trademarks, disclaimers, or proprietary notices from any materials included with the Service; (v) access or use the Service to conduct any competitive analysis of the Service or develop a competing product or service or otherwise to Lumina’s commercial disadvantage; (vi) use the Service to send unsolicited bulk mail, junk mail, spam, or other forms of duplicative or unsolicited messages or other fraudulent activity; (vii) use the Service to store or upload any sensitive personally identifiable information or personal health information, as that term is defined by the Health Insurance Portability and Accountability Act; or (viii) bypass or breach any security device or protection used by the Service or attempt to gain unauthorized access to the Service or its related systems or networks. Customer will not use the Service to make any phone call or send any email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act, or any other applicable federal or state law. Customer is solely responsible for ensuring that telephone calls made or email or text messages sent using information obtained from the Service are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all other applicable federal or state laws. Customer and its Users shall not send or upload to the Service any information that is protected from disclosure by applicable law and for which Customer does not have the legal right to associate with the Service. Customer and its Users shall use Lumina’s designated data transfer protocols only and will not send Customer Data via e-mail or other unauthorized transmissions, except as approved in writing by Lumina. Customer knowingly and voluntarily agrees to defend, indemnify, and hold harmless Lumina, its members, managers, directors, officers, employees, agents, representatives, successors, and assigns from and against all claims, losses, damages, violations, judgments, penalties, and costs (including reasonable attorneys’ fees) arising out Customer’s or its Users’ violation of this Section 3.3.