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Terms of Service

7.5.  Customer’s Conduct.  The Service allows Customer to send Electronic Communications directly to Kinetix and to and among third parties.  Customer shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Service, including without limitation those related to privacy and electronic communications legislation.

  • (a)  Customer shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Service and obtain any permits, licenses and authorizations required for such compliance.  Without limiting the foregoing, (i) Customer represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, (ii) Customer shall not permit Users to access or use the Service in violation of any U.S. export embargo, prohibition or restriction, and (iii) Customer shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which its Users are located.
  • (b)  Except as permitted by this Agreement, no part of the Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means.

7.6  Customer agrees not to access the Service by any means other than through the interfaces that are provided by Kinetix.  Customer shall not do any “mirroring” or “framing” of any part of the Service, or create Internet links to the Service which include log-in information, user names, passwords, and/or secure cookies.  Customer will not in any way express or imply that any opinions contained in Customer’s Electronic Communications are endorsed by Kinetix.  Customer shall ensure that all access and use of the Service by Users is in accordance with the terms and conditions of this Agreement, including but not limited to those Users that are contractors and agents, and Customer’s Affiliates.  Any action or breach by any of such contractors, agents or Affiliates shall be deemed an action or breach by Customer and Customer waives all of those defenses that Customer may have as to why Customer should not be liable for Customer’s contractors’, agents’ or Affiliates’ acts, omissions and noncompliance with this Agreement.

8.1  To the Service.  Kinetix may make modifications to the Service or particular components of the Service from time to time and will use commercially reasonable efforts to notify Customer of any material modifications.  Kinetix reserves the right to discontinue offering the Service at the conclusion of Customer’s then-current Term.  Kinetix shall not be liable to Customer nor to any third party for any modification of the Service as described in this Section.

8.2  To Applicable Terms.  If Kinetix makes a material change to any applicable URL Terms, then Kinetix will notify Customer by either sending an email to the notification email address or posting a notice in the Administrator’s instance of Customer’s account.  If the change has a material adverse impact on Customer and Customer does not agree to the change, Customer must so notify Kinetix within ten (10) days after receiving notice of the change.  If Customer notifies Kinetix as required, then Customer will remain governed by the URL Terms in effect immediately prior to the change until the end of the then-current term for the affected Service.  If the affected Service is renewed, it will be renewed under Kinetix’s then current URL Terms.

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