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;
Appears in 2 contracts
Sources: Master Services Agreement, Master Services Agreement
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 Chicane Internet Limited from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM Chicane Internet Limited 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 TELECOMChicane Internet Limited.
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 Chicane Internet Limited 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, ▇▇▇▇▇▇harass, 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 Chicane Internet Limited 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 Chicane Internet Limited Network;
Appears in 1 contract
Sources: Master Services Agreement
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 ES SYSTEMS LTD from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM ES SYSTEMS LTD 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 TELECOMES SYSTEMS LTD.
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 ES SYSTEMS LTD 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, ▇▇▇▇▇▇harass, 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 ES SYSTEMS LTD 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 ES SYSTEMS LTD Network;
Appears in 1 contract
Sources: Master Services Agreement
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 ILKLEY IT SERVICES from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM ILKLEY IT SERVICES 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 TELECOMILKLEY IT SERVICES.
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 ILKLEY IT SERVICES 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, ▇▇▇▇▇▇harass, 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 ILKLEY IT SERVICES 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 ILKLEY IT SERVICES Network;
8.3.7. “spam” or otherwise deliberately abuse any part of the ILKLEY IT SERVICES Network;
8.3.8. breach the rights of third parties;
8.3.9. obtain access, through whatever means, to notified restricted areas of ILKLEY IT SERVICES Network; or
8.3.10. act in a manner which restricts or inhibits any other user from using or enjoying ILKLEY IT SERVICES’s or a Service Provider’s products or services.
8.4. If the Customer becomes aware that any User is using the ILKLEY IT SERVICES Network to perform any of the Prohibited Activities the Customer shall, as reasonably appropriate, enforce the applicable terms in its agreement with its User(s) and shall use all reasonable endeavours to stop (or prevent a repetition of) such User.
8.5. If ILKLEY IT SERVICES becomes aware that a User is performing any of the Prohibited Activities, ILKLEY IT SERVICES shall bring the breach to the attention of the Customer in writing. If ILKLEY IT SERVICES have not received, within one
(1) Business Days of dispatch of such a message, a satisfactory response from the Customer detailing the actions that have been taken to stop a User performing any Prohibited Activity or to prevent the repetition of a Prohibited Activity, which actions may, depending on the circumstances and if reasonable and appropriate to do so, include restricting the access of the User to the ILKLEY IT SERVICES Network or disconnecting the User from the ILKLEY IT SERVICES Network, then ILKLEY IT SERVICES shall have the right to restrict the access of and/or disconnect the User(s) in question from the ILKLEY IT SERVICES Network. If ILKLEY IT SERVICES exercises its rights to disconnect a User it will notify the Customer as soon as reasonably practicable. Provided that if the Prohibited Activity in ILKLEY IT SERVICES’s reasonable opinion is serious, (including where it has a direct or indirect impact on the experience of other Customers of ILKLEY IT SERVICES), ILKLEY IT SERVICES may suspend the provision of the services immediately in relation to the User until such time as the Prohibited Activities have ceased.
8.6. Each Party shall provide the other with all reasonably necessary co-operation, information and support to prevent and/or stop any misuse of ILKLEY IT SERVICES Network by Users.
8.7. The Customer may resell the Services to its Users and shall be entitled to permit its direct Users to resell the Services to other Users.
8.8. Any agreement between the Customer and a User or between a User and another User will be a separate arrangement between those parties and ILKLEY IT SERVICES will not be a party to it. The Users shall have no rights under this Agreement or any Service Schedule.
8.9. The Customer acknowledges that ILKLEY IT SERVICES is acting as a wholesale partner of each Service Provider and not as the agent of any Service Provider.
8.10. The Customer shall be responsible for any dealings with Users concerning the Services and shall not direct its Users to contact any Service Provider or ILKLEY IT SERVICES unless otherwise agreed in writing.
8.11. In order for ILKLEY IT SERVICES to meet its legal obligations to comply with any request by any government, enforcement or regulatory agency (Information Request) the Customer shall keep and maintain suitable records of all Users and details of all current agreements entered into between them.
8.12. The Customer shall (and shall procure that the User shall) ensure that its marketing literature accurately reflects and promotes the Services. At the written request of ILKLEY IT SERVICES, the Customer shall (or shall use its reasonable endeavours to procure that Users engaged in the re-sale of the Services will) provide ILKLEY IT SERVICES with copies of any marketing literature used by the Users in relation the resale of the Services.
8.13. The Customer shall:
8.13.1. co-operate and use all reasonable endeavours to procure that all Users co-operate with all reasonable written requests and instructions of ILKLEY IT SERVICES relating to the Services;
8.13.2. ensure that they check and reconcile their monthly invoices so as to confirm the accuracy of the invoice, the services provided and notify ILKLEY IT SERVICES of incorrect items within sixty (60) days of receipt of the invoice.
8.13.3. provide, for ILKLEY IT SERVICES, its agents, sub-contractors and employees, in a timely manner and at no charge, access to the Customer's or (so far as the Customer is able) any User’s premises, office accommodation, data and other facilities as reasonably requested by ILKLEY IT SERVICES provided that such persons adhere at all times with all information communicated to them pursuant to clause 8.13.4;
8.13.4. provide, in a timely manner, such information as ILKLEY IT SERVICES may reasonably request (which is relevant to the Customer’s and/or its Users receipt and use of the Services;
8.13.5. inform ILKLEY IT SERVICES of all Health and Safety rules and regulations and any other reasonable security requirements that apply at any of the Customer's and any User’s premises and provide ILKLEY IT SERVICES and Service Providers who are given access to Customer’s and/or User’s premises with a suitable and safe working environment;
8.13.6. ensure that all Customer's and any User’s equipment is in good working order and suitable for the purposes for which it is used in relation to the Services and conforms to all relevant UK standards or requirements;
8.13.7. obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, the use of Equipment insofar as such licences, consents and legislation relate to the Customer's business and premises in all cases before the date on which the Services are to start;
8.13.8. comply and use its reasonable endeavours to procure that its Users comply with the Acceptable Use Policy as may be updated by ILKLEY IT SERVICES notifying the Customer in writing from time to time (which for these purposes shall include notification by email to the Customer’s General Counsel.
8.14. The Customer shall not and shall use all reasonable endeavours to procure that its Users shall not:
8.14.1. purport to act on behalf of or represent any Service Provider; and
8.14.2. except with ILKLEY IT SERVICES’s prior written consent, refer to any Service Provider in any marketing or service literature.
8.15. The Customer acknowledges that it is solely responsible for providing the Customer Information and that ILKLEY IT SERVICES shall rely on the Customer Information in determining and selecting the appropriate Services.
8.16. ILKLEY IT SERVICES shall be entitled to rely upon any written specification or written advice given by the Customer (its employees, directors, agents and sub-contractors) to ILKLEY IT SERVICES in relation to the suitability of the Services for meeting the Customer’s requirements. To the extent that the Services comply with such written specification and or such written advice ILKLEY IT SERVICES shall be deemed to have supplied the same in accordance with the relevant Service Schedule, without limitation, notwithstanding the Customer Information.
8.17. ILKLEY IT SERVICES does not warrant that the Services will be uninterrupted or error free.
Appears in 1 contract
Sources: Master Services Agreement
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 UC-RESELLER from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM UC-RESELLER 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 TELECOMUC-RESELLER.
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 UC-RESELLER 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, ▇▇▇▇▇▇harass, 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 UC-RESELLER 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 UC-RESELLER Network;
8.3.7. “spam” or otherwise deliberately abuse any part of the UC-RESELLER Network;
8.3.8. breach the rights of third parties;
8.3.9. obtain access, through whatever means, to notified restricted areas of UC-RESELLER Network; or
8.3.10. act in a manner which restricts or inhibits any other user from using or enjoying UC-RESELLER’s or a Service Provider’s products or services.
8.4. If the Customer becomes aware that any User is using the UC-RESELLER Network to perform any of the Prohibited Activities the Customer shall, as reasonably appropriate, enforce the applicable terms in its agreement with its User(s) and shall use all reasonable endeavours to stop (or prevent a repetition of) such User.
8.5. If UC-RESELLER becomes aware that a User is performing any of the Prohibited Activities, UC-RESELLER shall bring the breach to the attention of the Customer in writing. If UC-RESELLER have not received, within one (1) Business Days of dispatch of such a message, a satisfactory response from the Customer detailing the actions that have been taken to stop a User performing any Prohibited Activity or to prevent the repetition of a Prohibited Activity, which actions may, depending on the circumstances and if reasonable and appropriate to do so, include restricting the access of the User to the UC-RESELLER Network or disconnecting the User from the UC-RESELLER Network, then UC-RESELLER shall have the right to restrict the access of and/or disconnect the User(s) in question from the UC-RESELLER Network. If UC-RESELLER exercises its rights to disconnect a User it will notify the Customer as soon as reasonably practicable. Provided that if the Prohibited Activity in UC-RESELLER’s reasonable opinion is serious, (including where it has a direct or indirect impact on the experience of other Customers of UC-RESELLER), UC-RESELLER may suspend the provision of the services immediately in relation to the User until such time as the Prohibited Activities have ceased.
8.6. Each Party shall provide the other with all reasonably necessary co-operation, information and support to prevent and/or stop any misuse of UC-RESELLER Network by Users.
8.7. The Customer may resell the Services to its Users and shall be entitled to permit its direct Users to resell the Services to other Users.
8.8. Any agreement between the Customer and a User or between a User and another User will be a separate arrangement between those parties and UC-RESELLER will not be a party to it. The Users shall have no rights under this Agreement or any Service Schedule.
8.9. The Customer acknowledges that UC-RESELLER is acting as a wholesale partner of each Service Provider and not as the agent of any Service Provider.
8.10. The Customer shall be responsible for any dealings with Users concerning the Services and shall not direct its Users to contact any Service Provider or UC-RESELLER unless otherwise agreed in writing.
8.11. In order for UC-RESELLER to meet its legal obligations to comply with any request by any government, enforcement or regulatory agency (Information Request) the Customer shall keep and maintain suitable records of all Users and details of all current agreements entered into between them.
8.12. The Customer shall (and shall procure that the User shall) ensure that its marketing literature accurately reflects and promotes the Services. At the written request of UC-RESELLER, the Customer shall (or shall use its reasonable endeavours to procure that Users engaged in the re-sale of the Services will) provide UC-RESELLER with copies of any marketing literature used by the Users in relation the resale of the Services.
8.13. The Customer shall:
8.13.1. co-operate and use all reasonable endeavours to procure that all Users co-operate with all reasonable written requests and instructions of UC-RESELLER relating to the Services;
8.13.2. ensure that they check and reconcile their monthly invoices so as to confirm the accuracy of the invoice, the services provided and notify UC-RESELLER of incorrect items within sixty (60) days of receipt of the invoice.
8.13.3. provide, for UC-RESELLER, its agents, sub-contractors and employees, in a timely manner and at no charge, access to the Customer's or (so far as the Customer is able) any User’s premises, office accommodation, data and other facilities as reasonably requested by UC-RESELLER provided that such persons adhere at all times with all information communicated to them pursuant to clause 8.13.4;
8.13.4. provide, in a timely manner, such information as UC-RESELLER may reasonably request (which is relevant to the Customer’s and/or its Users receipt and use of the Services;
8.13.5. inform UC-RESELLER of all Health and Safety rules and regulations and any other reasonable security requirements that apply at any of the Customer's and any User’s premises and provide UC-RESELLER and Service Providers who are given access to Customer’s and/or User’s premises with a suitable and safe working environment;
8.13.6. ensure that all Customer's and any User’s equipment is in good working order and suitable for the purposes for which it is used in relation to the Services and conforms to all relevant UK standards or requirements;
8.13.7. obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, the use of Equipment insofar as such licences, consents and legislation relate to the Customer's business and premises in all cases before the date on which the Services are to start;
8.13.8. comply and use its reasonable endeavours to procure that its Users comply with the Acceptable Use Policy as may be updated by UC-RESELLER notifying the Customer in writing from time to time (which for these purposes shall include notification by email to the Customer’s General Counsel.
8.14. The Customer shall not and shall use all reasonable endeavours to procure that its Users shall not:
8.14.1. purport to act on behalf of or represent any Service Provider; and
8.14.2. except with UC-RESELLER’s prior written consent, refer to any Service Provider in any marketing or service literature.
8.15. The Customer acknowledges that it is solely responsible for providing the Customer Information and that UC-RESELLER shall rely on the Customer Information in determining and selecting the appropriate Services.
8.16. UC-RESELLER shall be entitled to rely upon any written specification or written advice given by the Customer (its employees, directors, agents and sub-contractors) to UC-RESELLER in relation to the suitability of the Services for meeting the Customer’s requirements. To the extent that the Services comply with such written specification and or such written advice UC-RESELLER shall be deemed to have supplied the same in accordance with the relevant Service Schedule, without limitation, notwithstanding the Customer Information.
8.17. UC-RESELLER does not warrant that the Services will be uninterrupted or error free.
Appears in 1 contract
Sources: Master Services Agreement
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 UNCHAINED ISP LIMITED from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM UNCHAINED ISP LIMITED 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 TELECOMUNCHAINED ISP LIMITED.
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 UNCHAINED ISP LIMITED 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, ▇▇▇▇▇▇harass, 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 UNCHAINED ISP LIMITED 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 UNCHAINED ISP LIMITED Network;
Appears in 1 contract
Sources: Master Services Agreement
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 ICUK from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM ICUK 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 TELECOMICUK.
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 ICUK Network or Services to do any of the following 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, ▇▇▇▇▇▇harass, 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 ICUK 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 ICUK Network;
Appears in 1 contract
Sources: Master Services Agreement
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 ACS BUSINESS from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM ACS BUSINESS 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 TELECOMACS BUSINESS.
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 ACS BUSINESS 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 ACS BUSINESS 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 ACS BUSINESS Network;
Appears in 1 contract
Sources: Master Services Agreement
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 TCG from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM TCG 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 TELECOMTCG.
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 TCG 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 TCG 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 TCG Network;
Appears in 1 contract
Sources: Master Services Agreement
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 ABC SERVICE from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM ABC SERVICE 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 TELECOMABC SERVICE.
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 ABC SERVICE 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 ABC SERVICE 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 ABC SERVICE Network;
Appears in 1 contract
Sources: Master Services Agreement
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 PEAK PRESS from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM PEAK PRESS 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 TELECOMPEAK PRESS.
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 PEAK PRESS 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 PEAK PRESS 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 PEAK PRESS Network;
Appears in 1 contract
Sources: Master Services Agreement
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 PHASE 5 from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM PHASE 5 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 TELECOMPHASE 5.
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 PHASE 5 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, ▇▇▇▇▇▇harass, 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 PHASE 5 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 PHASE 5 Network;
Appears in 1 contract
Sources: Service Agreement
Use of the Services. 8.1. 4.1 The Services are provided for use by Customer and End Users in the course of Customer’s business and on the condition that Customer does not resell or otherwise make the Services available to any other person.
4.2 The Customer shall undertakes to use the Services, and shall use its reasonable endeavours to procure that each End User uses the Users shall use the Services Services, in accordance with our support processes the following:
a) the terms and conditions of the Contract, the Legislation and any laws and regulations applicable to Customer’s use of the Services;
b) any supplier and/or vendor terms and conditions referred to in the Service Terms (the Customer accepts and agrees that direct access to these terms and conditions will be provided upon written request, and a failure by the Customer to request such will not relief the Customer form complying with these terms and conditions) as legally binding under a Contract; and
c) any reasonable operating instructions issued as may be notified to Customer by OUTSOURCE TELECOM ITL from time to time time.
4.3 Without prejudice to ITL’s obligations to provide a particular Service, Customer is responsible for the security of the Customer and End User's use of the Services including protecting all passwords, backing-up all data, employing appropriate security devices, including virus checking software and having suitable disaster recovery processes in writing place. As such, the Customer remain responsible for all Charges incurred as a result of a failure to comply with the provisions of this clause, including fraud and dishonesty.
4.4 Without limiting Clause 4.2, Customer will not and will procure that each End User will not use a Service to:
a) send, communicate, knowingly receive, upload, download or use any material or make any calls that are offensive, abusive, indecent, defamatory, obscene, menacing, cause annoyance, inconvenience, needless anxiety or are intended to deceive;
b) download, possess or transmit in any way, illegal material;
c) engage in criminal, illegal or unlawful activities;
d) violate or infringe the rights or property of any person, including rights of copyright and any other Intellectual Property Rights, privacy or confidentiality;
e) intentionally impair or attempt to impair, without authorisation, the operation of any computer, prevent or hinder access to any program or data held in any computer or to impair the operation of any such program or the reliability of any such data;
f) send, communicate, knowingly receive, upload or download data or make any calls in such a way or in such amount that Customer knows or ought reasonably to know will have a material adverse effect on the ITL Network (which shall for these limited purposes include emailor any part of it) to the Customer. OUTSOURCE TELECOM shall not be liable for any failure or delay in the provision of the Services and/or or ITL’s customers; and
g) send any ‘significant volume’ of data across the performance ITL Network without providing ITL with at least five (5) Business Days’ written notice. For the purposes of its obligations under this Clause, ‘significant volume’ means more than five thousand (5,000) calls in fifteen (15) minutes delivered to one number or the Agreement and/or any Services Agreement aggregate of calls to non- geographical numbers pointing to one number.
4.5 Where ITL provides telephone numbers to the extent Customer as part of an inbound solution, such numbers can only be used for purposes of the inbound solutions and any other use (for outbound calls for example) will be regarded as a material breach of the relevant Contract.
4.6 The Customer furthermore agrees that it will under no circumstances use telephone numbers provided by ITL (if any) to make automated outbound calls, and such failure and/or delay has been caused by use will be regarded as material breach of the relevant Contract.
4.7 Where the Customer receives any failure and/or delay telephony Services from ITL, it will ensure that it at all times keep installation addresses and other relevant details which will have an impact on emergency services, up to date including postal addresses for telephone numbers validated by the Customer and/or Royal Mail postcode and address finder and correct any User to comply with the support processes and/or any reasonable operating instruction issued by OUTSOURCE TELECOM.
8.2discrepancies forthwith without delay. The Customer shall will furthermore fully and shall procure that all Users, be authenticated and that they shall be provided without delay cooperate with a unique username and password in order any audits by ITL to access any part of the Servicesensure compliance.
8.3. 4.8 The Customer shall not itself hereby indemnifies and keep ITL and its Affiliates indemnified and harmless against all losses, damages, costs or knowingly permit any User expenses and other liabilities (including all legal costs and expenses) incurred by, awarded against or agreed to use the OUTSOURCE TELECOM Network or Services to do be paid by ITL and any of the following (its Affiliates arising out of or in connection with any claim made or threatened against ITL or an Affiliate of ITL by a “Prohibited Activity”):
8.3.1. publish, post, distribute third party arising out of or disseminate defamatory, infringing, obscene, indecent in connection with Customer’s or other unlawful material or information;
8.3.2. threaten, End User’s breach of this ▇▇▇▇▇▇, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;▇ 4.
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 4.9 Where the Customer or an End User uses a User;
8.3.5. knowingly make available Service to access the internet, other networks, websites or upload files content, the Customer accepts that contain a virus or corrupt data;
8.3.6. falsify ITL shall have no responsibility for the true ownership of software or other material or information contained in a file same and that the Customer or any User makes available via shall access the OUTSOURCE TELECOM Network;same at its own risk. The Customer shall be responsible for all charges arising from such access.
Appears in 1 contract
Sources: General Terms and Conditions
Use of the Services. 8.1. 8.1 The Customer Client shall and shall use its reasonable endeavours to procure that the Users shall use the Services strictly in accordance with our support processes the CSP (to the extent it is applicable to them) and any reasonable operating instructions issued by OUTSOURCE TELECOM Immervox from time to time in writing (which shall for these limited purposes include email) to the CustomerClient. OUTSOURCE TELECOM Immervox 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 Client and/or any User to comply with the support processes CSP and/or any reasonable operating instruction issued by OUTSOURCE TELECOMImmervox.
8.2. 8.2 The Customer Client shall and shall procure that all Users, be authenticated and that they shall be provided with a unique username user name and password in order to access any part of the Services.
8.3. 8.3 The Customer Client shall not itself or knowingly permit any User to use the OUTSOURCE TELECOM Immervox Network or Services to do any of the following (a “Prohibited Activity”):
8.3.1. 8.3.1 publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
8.3.2. 8.3.2 threaten, ▇▇▇▇▇▇harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.3.3. 8.3.3 engage in illegal or unlawful activities through the OUTSOURCE TELECOM Immervox Network;
8.3.4. 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 Client or a User;
8.3.5. 8.3.5 knowingly make available or upload files that contain a virus or corrupt data;
8.3.6. 8.3.6 falsify the true ownership of software or other material or information contained in a file that the Customer Client or any User makes available via the OUTSOURCE TELECOM Immervox Network;
Appears in 1 contract
Sources: Data Service Schedule
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 UNCHAINED ISP LIMITED from time to time in writing (which shall for these limited purposes include email) to the Customer. OUTSOURCE TELECOM UNCHAINED ISP LIMITED 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 TELECOMUNCHAINED ISP LIMITED.
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 UNCHAINED ISP LIMITED 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 UNCHAINED ISP LIMITED 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 UNCHAINED ISP LIMITED Network;
Appears in 1 contract
Sources: Master Services Agreement
Use of the Services. 8.1. 2.1 Subject to the Customer purchasing the User Subscriptions in accordance with clause 3.3 and clause 9.1, the restrictions set out in this clause 2 and the other terms and conditions of this Agreement, AH hereby grants to the Customer a non- exclusive, non-transferable right, without the right to grant sub-licences, to permit the Authorised Users to use the Services and the Documentation during the Subscription Term solely for the Customer's internal business operations.
2.2 In relation to the Authorised Users, the Customer undertakes that:
2.2.1 the maximum number of Authorised Users that it authorises to access and use the Services and the Documentation shall not exceed the number of User Subscriptions it has purchased from time to time;
2.2.2 it will not allow or suffer any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services and/or Documentation;
2.2.3 each Authorised User shall keep a secure password for his use of the Services and Documentation, that such password shall be changed no less frequently than quarterly and that each Authorised User shall keep his password confidential;
2.2.4 it shall maintain a written, up to date list of current Authorised Users and provide such list to AH within five (5) Business Days of AH's written request at any time or times;
2.2.5 The Customer shall and shall not access, store, distribute or transmit any Viruses, or any material during the course of its use its reasonable endeavours to procure that the Users shall use of the Services that:
2.2.6 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
2.2.7 facilitates illegal activity;
2.2.8 depicts sexually explicit images;
2.2.9 promotes unlawful violence;
2.2.10 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
2.2.11 is otherwise illegal or causes damage or injury to any person or property.
2.3 The Customer shall not:
2.3.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in accordance any form or media or by any means;
2.3.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software;
2.3.3 access all or any part of the Services and Documentation in order to build a product or service which competes 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 Documentation;
2.3.4 use the Agreement Services and/or Documentation to provide services to third parties;
2.3.5 subject to clause 24.1, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any Services Agreement third party except the Authorised Users, and
2.3.6 attempt to obtain, or assist third parties in obtaining, access to the extent that such failure Services 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 TELECOMDocumentation, other than as provided under this clause 2.
8.2. 2.4 The Customer shall and shall procure that use all Usersreasonable endeavours to prevent any unauthorised access to, be authenticated and that they shall be provided with a unique username and password or use of, the Services and/or the Documentation and, in order the event of any such unauthorised access or use, promptly notify AH.
2.5 AH may suspend Customer's right to access access, or use, any part portion of the Services.
8.3. The Services immediately upon notice to Customer shall not itself if AH determines that Customer's, or knowingly permit any User to its Authorised Users' use the OUTSOURCE TELECOM Network or Services to do any of the following Services (i) poses 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 security risk 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 Software or any User makes available via third party; (ii) may adversely impact the OUTSOURCE TELECOM Network;Software, or the networks or data of any other AH service provider, customer or business partner; (iii) does not comply with Applicable Law, (iv) may subject AH or any third party to liability; or (v) is a violation of the acceptable use or similar policy of AH’s infrastructure provider. AH may terminate the Agreement if Customer fails to rectify such use within thirty (30) days of notification by AH.
Appears in 1 contract
Sources: Software as a Service Agreement