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civil unrest, acts of terror, strikes or other labor problems (other than those involving Agency360
<br />employees, hosting facility employees, or security company employees), computer,
<br />telecommunications, Internet service provider or hosting facility failures or delays involving
<br />hardware, software or power systems not within Agency360's possession or reasonable control,
<br />and network intrusions or denial of service attacks, which, in any such case, could not have been
<br />prevented through reasonable precaution ("Force Majeure"). In such cases, Agency 360 will use
<br />commercially reasonable efforts to make the Software, Services, and/or Site available as soon as
<br />possible thereafter.
<br />(ii) Customer and Users understand and agree that temporary interruptions of the Software,
<br />Services, or Site may occur as normal events, and further understand and agree that Agency360 may have
<br />no control over third party networks Customers or Users may access in the course of the use of this Site,
<br />and therefore, delays and disruption of other network transmissions are completely beyond Agency360's
<br />control. Any interruptions or downtime of less than one (l) hour will not be considered a violation of this
<br />Agreement.
<br />(iii) Customer and Users understand and agree that Agency360 assumes no responsibility for
<br />the timeliness, deletion, mis-delivery or failure to store any Customer or User communications or
<br />personalization settings. Agency360 neither endorses nor assumes any liability for the contents of any
<br />material uploaded or submitted by Users. We generally do not pre-screen, monitor, or edit the content
<br />posted by Users.
<br />(iv) Agency360 reserves the sole right to either modify the Software, Services, or Site,
<br />including any features therein, at any time with or without notice to Customers or Users. Agency360
<br />shall not be liable to Customers, Users or any third party should it exercise such right. Subject to the other
<br />terms of this Agreement,modifications may include, but are not limited to, changes in the pricing
<br />structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new
<br />features that augment or enhance the then -current Software, Services or Site will also be subject to this
<br />Agreement.
<br />(g) Security. Agency360 shall maintain commercially reasonable administrative, physical, and
<br />technical safeguards for the protection, confidentiality, and integrity of Customer Data. Agency360 uses United
<br />States based Microsoft Azure government data centers with high availability servers and their automatic daily
<br />backup systems to protect all data contained in the Software and Site. If the Software, Services, or Site are
<br />impacted by any failure or incident involving data loss, Agency360 shall take all commercially reasonable actions
<br />to restore the data. NOTWITHSTANDING THE FOREGOING, AGENCY360 MAKES NO
<br />REPRESENTATIONS OR WARRANTIES REGARDING RECOVERY FROM DATA LOSS. Customer and
<br />Users acknowledge and agree that they are solely responsible for conducting regular backup of the information
<br />and data exchanged through the Software or Site. This Site is not designed or intended to be used as a disaster
<br />recovery facility or as an emergency data storage facility. Although Agency360 takes reasonable precautions to
<br />preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage
<br />facility. Customers and Users should preserve backup copies of any digital data, information or other materials
<br />that you have uploaded or downloaded from the Site. You agree not to hold us responsible for any damage to, any
<br />deletion of, or any failure to store your tiles, data or information exchanged through the Site.
<br />(h) Suspension for Ongoing Harm. If Customer or Users breach this Section 2. or any other term
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