Use of the Services Clause Samples
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Use of the Services. 1.1 We will make the Oracle services listed in Your order (the “Services”) available to You pursuant to this Agreement and Your order. Except as otherwise stated in this Agreement or Your order, You have the non- exclusive, worldwide, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with this Agreement or Your order (the “Services Period”), solely for Your internal business operations. You may allow Your Users (as defined below) to use the Services for this purpose, and You are responsible for their compliance with this Agreement and Your order.
1.2 The Service Specifications describe and govern the Services. During the Services Period, we may update the Services and Service Specifications (with the exception of the Data Processing Agreement as described below) to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of Third Party Content (as defined below). Oracle updates to the Services or Service Specifications will not materially reduce the level of performance, functionality, security or availability of the Services during the Services Period of Your order.
1.3 You may not, and may not cause or permit others to: (a) use the Services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking or availability testing of the Services; (c) perform or disclose any performance or vulnerability testing of the Services without Oracle’s prior written approval, or perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking or remote access testing of the Services; or (d) use the Services to perform cyber currency or crypto currency mining ((a) through (d) collectively, the “Acceptable Use Policy”). In addition to other rights that we have in this Agreement and Your order, we have the right to take remedial action if the Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy.
Use of the Services. 6.1 You are responsible for identifying and authenticating all Users, for approving access by such Users to the Services, for controlling against unauthorized access by Users, and for maintaining the confidentiality of usernames, passwords and account information. By federating or otherwise associating Your and Your Users’ usernames, passwords and accounts with Oracle, You accept responsibility for the confidentiality and timely and proper termination of user records in Your local (intranet) identity infrastructure or on Your local computers. Oracle is not responsible for any harm caused by Your Users, including individuals who were not authorized to have access to the Services but who were able to gain access because usernames, passwords or accounts were not terminated on a timely basis in Your local identity management infrastructure or Your local computers. You are responsible for all activities that occur under Your and Your Users’ usernames, passwords or accounts or as a result of Your or Your Users’ access to the Services, and agree to notify Oracle immediately of any unauthorized use. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services.
6.2 You agree not to use or permit use of the Services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, including Your Content, Your Applications and Third Party Content, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters;
Use of the Services. In order to access certain Services, Retailer may be required to provide information about Retailer and Retailer’s business (such as identification, billing or contact details). Retailer agrees that any information Retailer provides will be accurate, complete and up to date. Retailer agrees to maintain the confidentiality of passwords associated with any account Retailer uses to access the Services. Retailer acknowledges that the Services may allow Retailer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Retailer agrees that Retailer is solely responsible for all fees, costs or other expenses charged related to any selections made by Retailer or Retailer’s designees. Retailer acknowledge that, as part of the Services, Retailer may receive use of and access to certain toll-free and local tracking phone numbers, as well as other Services relating to such numbers (collectively, with the services, the "Number(s)"). Retailer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Retailer through the Number (the "Recorded Call Message"). Retailer represents, warrants and agrees in connection with Retailer’s use of the Services, that Retailer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Retailer is permitted to engage in such activities, and that Retailer shall use the Number(s) in full compliance with all applicable laws and regulations. Retailer represents and warrants that Retailer has had the opportunity to review the proposed usage of the Numbers with Retailer’s legal counsel, and that Retailer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Retailer shall promptly notify Shift Digital in writing of that fact, advising Shift Digital as to the exact language necessary to comply with the applicable laws. Retailer agrees and acknowledges that neither Shift Digital, nor INFINITI, nor any Service Providers accept any responsibility for (a) the legality of recording, moni...
Use of the Services. 1.1 Oracle will make the Oracle services (which may include the provision of Oracle Data) listed in Your order (the “Services”) available to You pursuant to this Agreement and Your order. Except as otherwise stated in this Agreement or Your order, You have the non-exclusive, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with this Agreement or Your order (the “Services Period”), solely for Your marketing and advertising activities or as otherwise specified in Your order (the “Purpose”). You may allow Your Users to use the Services only for the Purpose(s), and You are responsible for their compliance with this Agreement and Your order. If You are an Agent, You may order and use the Services on behalf of Your Client identified in Your order solely for Your Client’s Purpose, and You are responsible for Your Client’s compliance with this Agreement and order.
1.2 The Service Specifications describe and govern the Services. During the Services Period, Oracle may update the Services and Service Specifications to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of Oracle Data and Oracle Materials; however, Oracle’s changes to the Services or the Service Specifications will not result in a material reduction in the level of security of the applicable Services provided to You for the duration of the Services Period.
Use of the Services. 6.1. You are responsible for identifying and authenticating all Users, for approving access by such Users to the Services, for controlling against unauthorized access by Users, and for maintaining the confidentiality of usernames, passwords and account information. By federating or otherwise associating Your and Your Users’ usernames, passwords and accounts with Oracle, You accept responsibility for the timely and proper termination of user records in Your local (intranet) identity infrastructure or on Your local computers. Oracle is not responsible for any harm caused by Your Users, including individuals who were not authorized to have access to the Services but who were able to gain access because usernames, passwords or accounts were not terminated on a timely basis in Your local identity management infrastructure or Your local computers. You are responsible for all activities that occur under Your and Your Users’ usernames, passwords or accounts or as a result of Your or Your Users’ access to the Services, and agree to notify Oracle immediately of any unauthorized use.
6.2. You agree not to use or permit use of the Services for improper or illegal purposes (including uses that constitute infringement of intellectual property rights), or for purposes in violation of the provisions of this Agreement or of Your order. You shall have sole responsibility to ensure that Your Users only use the Services in accordance with applicable law, this Agreement and Your order. In addition to any other rights afforded to Oracle under this Agreement, Oracle reserves the right, but has no obligation, to take remedial action if any material (including Third Party Content) violates the restrictions in the foregoing sentence (the “Acceptable Use Policy”), including the removal or disablement of access to such material. Oracle shall have no liability to You in the event that Oracle takes such action.
6.3. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all of Your Content. You must ensure that Your Content does not include security vulnerabilities, including any viruses, Trojan horses, worms or other programming routines that could limit or harm the functionality of a computer or that could damage, intercept or expropriate data. You agree not to include any production data or personally identifiable information in the Services Environment. You agree to defend and indemnify Oracle against any cla...
Use of the Services. 2.1 Subject to the timely payment by the Customer of the Subscription Fees and solely during the Subscription Term, Qubit grants to the Customer a non-exclusive, non-transferable right to:
(a) permit the Authorised Users to use the Services; and
(b) permit Third Party Users to use the Services; and
(c) permit a Customer Affiliate or Affiliates listed in the Sales Order Form and its employees and workers to use the Services in each case solely for the Customer's internal business operations (and if applicable the business purposes of a relevant Customer Affiliate); Nothing in this Agreement limits Customer’s liability for a breach of this clause 2.1 by the Customer.
2.2 Qubit permits the Customer (or if applicable the Customer Affiliate) to download the Script (including any updates to the Script that Qubit may make available from time to time) for the sole purpose of permitting the Customer (or if applicable the Customer Affiliate) to integrate the Customer Site with the Service.
2.3 The Customer shall be solely responsible for any failure of a Customer Affiliate, an Authorised User or Third Party User to comply with the terms of the Agreement and shall ensure that, Customer Affiliates, Authorised Users and Third Party Users discontinue use upon termination of the Agreement.
2.4 The Customer shall: (i) use all reasonable endeavours to not (and shall procure that Third Party Users and Customer Affiliates shall use all reasonable endeavours to not) access, store, distribute or transmit any Viruses when using the Services; (ii) not use the Service in a manner that is illegal or causes damage or injury to any person or property; (iii) not use any automated system, including "robots," "spiders," "offline readers," to access the Service in a manner that sends more request messages to the Service than a human can reasonably produce in the same period of time by using a conventional online web browser; or (iv) not attempt to interfere with or compromise the Service integrity or security. Qubit may, without liability or prejudice to its other rights under the Agreement, disable the Customer’s, the Third Party Users’ or the Customer’s Affiliate(s) access to the Service for breaches of the provisions of this clause 2.4.
2.5 The Customer shall not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties: (i) and except to the extent expressly permitted under the Agreement, attempt to copy, modify, duplicate, ...
Use of the Services. 1.1 Oracle will make the Oracle services listed in Your order (the “Services”) available to You pursuant to the Master Agreement and Your order. Except as otherwise stated in the Master Agreement or Your order, You have the non-exclusive, worldwide, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with the Master Agreement or Your order (the “Services Period”), solely for Your internal business operations. You may allow Your Users (as defined below) to use the Services for this purpose, and You are responsible for their compliance with the Master Agreement and Your order.
1.2 The Service Specifications describe and govern the Services. During the Services Period, we may update the Services and Service Specifications (with the exception of the Data Processing Agreement as described below) to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of Third Party Content (as defined below). Oracle updates to the Services or Service Specifications will not materially reduce the level of performance, functionality, security or availability of the Services during the Services Period of Your order.
1.3 You may not, and may not cause or permit others to: (a) use the Services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking or availability testing of the Services; (c) perform or disclose any performance or vulnerability testing of the Services without Oracle’s prior written approval, or perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking, or remote access testing of the Services; or (d) use the Services to perform cyber currency or crypto currency mining ((a) through (d) collectively, the “Acceptable Use Policy”). In addition to other rights that we have in the Master Agreement and Your order, we have the right to take remedial action if the Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy.
Use of the Services. You authorize the Credit Union to remotely deposit paper checks to your account(s) with us (the "Account") by electronically transmitting a digital image of the paper checks to us for deposit. Your use of the Services constitutes your acceptance of the terms and conditions of this Remote Deposit Capture Service (“RDCS” or “service”) Agreement and Disclosure. You agree to comply with the hardware and software requirements set forth by our RDCS provider, Digital Insight. Upon receipt of the digital image, the Credit Union will review the image for acceptability. You understand and agree that receipt of an image does not occur until after the Credit Union notifies you of receipt of the image via the Deposit History feature. You understand that, in the event you receive a notification from us confirming receipt of an image, such notification does not mean that the image contains no errors or that the Credit Union is responsible for any information you transmit to us. The Credit Union is not responsible for any image that we do not receive. You understand and agree that even if we do not initially reject an item you deposit through the RDCS, we may return the deposit because, among other reasons, the paying bank may deem the electronic image illegible. Following receipt of the image, the Credit Union may process the image by preparing a "substitute check" or clearing the item as an image. Notwithstanding anything to the contrary, we reserve the right, within our sole and absolute discretion, to accept or reject any item for remote deposit into your Account. You understand that any amount credited to your Account for items deposited using the RDCS is a provisional credit and you agree to indemnify the Credit Union against any loss we suffer because of our acceptance of the remotely deposited check. In addition, you agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or RDCS, (ii) copy or reproduce all or any part of the technology or RDCS; or (iii) interfere, or attempt to interfere, with the technology or RDCS.
Use of the Services. The Services are for personal, residential, non-commercial use only, unless otherwise specifically authorized by us in writing. We prohibit the following activities: • Reselling the Services in whole or in part; • Using the Services, directly or indirectly, for any unlawful purpose or in violation of any applicable policy that we make available to you; • Using the Services to transmit, communicate, or store any information, data, or material in violation of any law, rule, or regulation; • Tampering with, making any unauthorized connection to, or modifying any part of our cable network or the Services for any purpose; • Attaching any unauthorized device to our cable network or the Services; or • Attaching anything to the Inside Wiring, the Xfinity Equipment, or Customer Equipment that impairs the integrity of our cable network, that degrades our cable network’s signal quality or strength, or that creates signal leakage. You agree not to engage in these or other similar prohibited activities, or help anyone else do so. You acknowledge that you are accepting this Agreement on behalf of all persons who use the Services at your Premises (or any other locations authorized by us). You are solely responsible for ensuring that all other users of the Services understand and comply with this Agreement and any applicable policies. You are liable for all authorized and unauthorized use of the Services. If the Xfinity Equipment has been stolen or the Services have been used without your authorization or in violation of this Agreement, you agree to notify us immediately in writing, or by calling ▇-▇▇▇-▇▇▇▇▇▇▇ during normal business hours. If you violate this Agreement, or if you fail to notify us of unauthorized use in a timely manner, we may terminate the Services and recover damages. Since it would be difficult, if not impossible, to precisely calculate our lost revenue from unauthorized Services or tampering, you agree to pay $500.00 per device used to receive unauthorized Services as liquidated damages. These liquidated damages are in addition to our cost to replace any altered, damaged, or unreturned Xfinity Equipment, or other equipment owned by us, including any incidental costs. The unauthorized reception of the Services may also result in criminal fines and/or imprisonment, and we reserve the right to report any illegal activities to law enforcement. In connection with your use of the Services, if you need to access third-party software or hardware, you will be ...
Use of the Services. 8.1. The Customer shall and shall use its reasonable endeavours to procure that the Users shall use the Services in accordance with our support processes and any reasonable operating instructions issued by OUTSOURCE TELECOM from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM shall not be liable for any failure or delay in the provision of the Services and/or the performance of its obligations under the Agreement and/or any Services Agreement to the extent that such failure and/or delay has been caused by any failure and/or delay by the Customer and/or any User to comply with the support processes and/or any reasonable operating instruction issued by OUTSOURCE TELECOM.
8.2. The Customer shall and shall procure that all Users, be authenticated and that they shall be provided with a unique username and password in order to access any part of the Services.
8.3. The Customer shall not itself or knowingly permit any User to use the OUTSOURCE TELECOM Network or Services to do any of the following (a “Prohibited Activity”):
8.3.1. publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
8.3.2. threaten, ▇▇▇▇▇▇, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.3.3. engage in illegal or unlawful activities through the OUTSOURCE TELECOM Network;
8.3.4. knowingly make available or upload files that contain software or other material, data or information not owned by or licensed to the Customer or a User;
8.3.5. knowingly make available or upload files that contain a virus or corrupt data;
8.3.6. falsify the true ownership of software or other material or information contained in a file that the Customer or any User makes available via the OUTSOURCE TELECOM Network;