Common use of Use of Data Services Clause in Contracts

Use of Data Services. A. Oasis Broadband’s Data Services are to be used solely by Subscriber and the entities, if any, listed on the Service Order(s) in accordance with the terms of this Agreement. Subscriber represents, warrants and covenants that it will not transmit, re-transmit, store or otherwise use the Data Services in violation of any federal, state, local or to, any Laws relating to copyright, trademark or other intellectual property or proprietary rights, or any Laws relating to U.S. export, and that it will not post, transmit or re-transmit any unlawful, threatening, libelous or abusive material of any kind. B. In using the Data Services, Subscriber agrees that it will comply with Oasis Broadband’s policy that prohibits such activities as: (i) gaining or attempting to gain unauthorized access to another account, host or network; and (ii) causing severe network loads and delay of services; and (iii) distributing, posting or collecting unsolicited, duplicative messages to entities who do not expressly request such messages ("Spamming"); and (iv) engaging in other destructive activities such as "Spraying", port scanning, e-mail bombing and virus propagation. Subscriber further agrees that it will take appropriate actions against entities to whom it may re-sell the Data Services if such entities are in violation of Oasis Broadband’s policy and that Subscriber will cooperate fully with Oasis Broadband in actions taken by Oasis Broadband to enforce such policy. At it’s sole discretion, ▇▇▇▇▇ Broadband can deny access if it believes subscriber is engaging in activity that violates any of these policies. Oasis Broadband does not have to notify subscriber or third parties of such a decision, and Oasis Broadband cannot be held liable for any consequence resulting from lack of notification. C. Subscriber shall not improperly restrict or interfere with use of the Data Services (or of the Internet general) by Oasis Broadband or its affiliates, any Oasis Broadband subscriber, or any third party. Upon notice from Oasis Broadband, Subscriber shall promptly remove any hazard, interference or service obstruction that may be caused by hardware or software not provided by Oasis Broadband. Oasis Broadband may, at its option, and upon Subscriber’s request, troubleshoot problems caused by such hardware or software. Such troubleshooting services shall be billed at Oasis Broadband’s rates in effect at the time such services are requested.