|
(B) infringes on any patent, trademark, trade secret, copyright, right of publicity, or
<br />other proprietary right of any party;
<br />(C) contains software viruses or any other computer code, worm, trap door, back
<br />door, and other harmful or malicious code, files, scripts, agents, or programs files, or programs
<br />that are designed or intended to disrupt, damage, or limit the functioning of any software,
<br />hardware, or telecommunications equipment or to damage or obtain unauthorized access to any
<br />data or other information of any third party;
<br />(D) impersonates any person or entity, including any of our employees or
<br />representatives; or
<br />(E) is protected by the Health Insurance Portability Accountability Act ("HIPAA").
<br />(vi) Customer shall not use its account to breach security of another account or attempt to
<br />gain unauthorized access to another network or server. Not all areas of the Site may be available to
<br />Customer or other Users. Customer shall not interfere with anyone else's use of the Site or Services.
<br />Users who violate systems or network security may incur criminal or civil liability.
<br />(vii) Customer shall not take any actions that could or would reverse engineer, decompile,
<br />disassemble, or duplicate the Software, Services, or Site, or any other Agency360 technology. Customer
<br />and Users shall not attempt to derive any of the of Software's source code. Customer shall not use its
<br />access granted hereunder to (A) build a competitive product or service; (B) make or have made a product
<br />or service using similar ideas, features, functions, or concepts as the Software, Services, or Site; or (C)
<br />make derivative works based upon the Software, Services, or Site; or (D) copy any ideas, features,
<br />functions, or concepts as the Software, Services, or Site.
<br />(f) Agency360's Rights and Obligations.
<br />(i) Agency360 shall comply with all applicable local, state, and federal, and laws, and,
<br />regulations in connection with its provision of the Software, Services, or Site, including without
<br />limitation, those related to privacy, confidentiality, electronic communications, and anti -spam legislation.
<br />(ii) Agency360 shall provide customer with accurate, current, and complete information on
<br />Agency360's legal business name, address, email address, and phone number, and throughout the Term
<br />maintain and promptly update this information if it should change.
<br />(iii) Agency360 shall use commercially reasonable efforts to make the Software, Services,
<br />and/or Site available to Customer twenty-four (24) hours per day, seven (7) days per week, subject to the
<br />following exceptions:
<br />(A) Any planned downtime of more than 4 hours for which Agency360 will give
<br />twenty-four (24) hours or more notice.
<br />(B) Any unavailability caused by circumstances beyond Agency360's reasonable
<br />control, including without limitation, acts of God, acts of government, flood, fire, earthquakes,
<br />4
<br />
|