Common use of Access and Usage Clause in Contracts

Access and Usage. (a) Subject to these Terms, we will provide the DocuX Services to you in accordance with the subscription plan, and we grant you a limited non-exclusive, non-transferrable, world-wide right and license during the Term, solely for your internal business purposes and in accordance with the Documentation, to: (a) use the DocuX Services; (b) implement, configure, and, through its Account Administrator(s), permit its Permitted Users to access and use the DocuX Services up to any applicable limits or maximums; (c) access and use the Documentation; and (c) take such steps, in accordance with the functionality of DocuX Services, that you deem adequate to maintain appropriate security, protection, deletion, and backup of Customer Content including digital documents, which include controlling the management of Permitted Users’ access and credentials to DocuX Services including eSign, and controlling the archiving or deletion of digital documents whether executed via eSign or not. You acknowledge that we have no obligation to protect Customer Content, including Personal Information, that you elect to store or transfer outside of DocuX Services. (b) For using DocuX Services, you must register and create an account (“Account”). Creation of Account may require you to (i) provide your contact information; (ii) submit any form of authentication during registration process, as may be determined by us; and (iii) indicate your agreement to the Terms. You should not create an Account and/or use the DocuX Services if you have been previously removed by us and/or banned from the DocuX Services for any reason. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select and/or use a username or name of another person with the intent to impersonate that person; (ii) use as a username a name that is otherwise offensive, vulgar and/or obscene; and (iii) use a as a username a name subject to any rights of a person other than you without appropriate authorization. (c) DocuX Services facilitates creation, collaboration, storage, and execution of digital documents via eSign between parties to these documents. Nothing in this Terms may be construed to make us a party to any digital documents processed through DocuX Services, and we make no representation or warranty regarding the transaction sought to be effected by any digital document. (d) You acknowledge that you have exclusive control over and responsibility for the content, quality, and format of any digital document. All digital documents along with any messages or metadata stored by us on the system are maintained in an encrypted form, and we cannot read or control the contents. (e) Certain types of documents, contracts, agreements may be excepted from electronic signature laws or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. You agree that we are not responsible or liable to determine whether a particular digital document is subject to an exception to applicable electronic signature laws, or whether it is subject to any particular agency promulgations, or whether it can be legally executed or concluded by electronic signatures. (f) We are not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations or legal or administrative processes. (g) Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. We do not and are not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Documentation for all transactions, consumer or otherwise; or (vi) comply with any such special requirements. You undertake to determine whether any “consumer” is involved in any digital document presented by its Permitted Users for processing, and, if so, to comply with all requirements imposed by law on such digital documents or their formation. (h) If your Account is suspended or terminated for violation of these Terms, you may not subscribe under a new Account unless specifically allowed by us. You agree that we shall not be liable to you or to any third party for any suspension and/or termination of your Account or any refusal of access. (i) You agree that its assigned Account Administrator(s) has authority to provide us with and accept from us any required authorizations, requests, or consents on your behalf with respect to your Account. (j) You agree that you are solely responsible for the accuracy and appropriateness of instructions given by you and your personnel to us in relation to the DocuX Services, including without limitation instructions through its Account as made by the assigned Account Administrator. (k) You agree that it is your responsibility to decide which data and Customer Content to submit to DocuX Services. Unless otherwise required by you, any Customer Content will be retained subject to our data retention policies and confidentiality obligations under the Terms. You specifically acknowledge that we are not obliged to maintain a backup of any data and that we may not always be able to restore such data in case deleted at your request. You further acknowledge and agrees that we and our designees shall have the right to remove any Customer Content that violates these Terms or is otherwise objectionable in our sole discretion. You acknowledge that we do not verify, adopt, ratify, or sanction Customer Content, and you agree that you must evaluate and bear all risks associated with your use of Customer Content. (l) Your Account is non-transferable and may not be sold, combined and/or otherwise shared with any other person. You are fully responsible for all activities that occur under your Account and for other actions taken in connection with your Account. Maintaining security of your Account is solely your responsibility. You should never publish, distribute, share and/or post login information of your Account. You must notify us immediately of any breach of security and/or unauthorized access to and/or use of your Account. (m) You may assign and expressly authorize a Permitted User(s) as its agent to manage your Account, and management of your Account includes, without limitation, configuring administration settings, assigning access and use authorization, requesting different or additional services, providing usage and performance records, managing templates, executing approved campaigns and events, assisting in third-party product integrations, and accepting notices, disclosures, and terms and conditions (“Account Administrator”).

Access and Usage. (a) a. Subject to these Terms, we will provide the DocuX Services to you in accordance with the subscription plan, and we grant you a limited non-exclusive, non-transferrable, world-wide right and license during the Term, solely for your internal business purposes and in accordance with the Documentation, to: (a) use the DocuX Services; (b) implement, configure, and, through its Account Administrator(s), permit its Permitted Users to access and use the DocuX Services up to any applicable limits or maximums; (c) access and use the Documentation; and (c) take such steps, in accordance with the functionality of DocuX Services, that you deem adequate to maintain appropriate security, protection, deletion, and backup of Customer Content including digital documents, which include controlling the management of Permitted Users’ access and credentials to DocuX Services including eSign, and controlling the archiving or deletion of digital documents whether executed via eSign or not. You acknowledge that we have no obligation to protect Customer Content, including Personal Information, that you elect to store or transfer outside of DocuX Services. (b) b. For using DocuX Services, you must register and create an account (“Account”). Creation of Account may require you to (i) provide your contact information; (ii) submit any form of authentication during registration process, as may be determined by us; and (iii) indicate your agreement to the Terms. You should not create an Account and/or use the DocuX Services if you have been previously removed by us and/or banned from the DocuX Services for any reason. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select and/or use a username or name of another person with the intent to impersonate that person; (ii) use as a username a name that is otherwise offensive, vulgar and/or obscene; and (iii) use a as a username a name subject to any rights of a person other than you without appropriate authorization. (c) DocuX ▇. ▇▇▇▇▇ Services facilitates creation, collaboration, storage, and execution of digital documents via eSign between parties to these documents. Nothing in this Terms may be construed to make us a party to any digital documents processed through DocuX Services, and we make no representation or warranty regarding the transaction sought to be effected by any digital document. (d) d. You acknowledge that you have exclusive control over and responsibility for the content, quality, and format of any digital document. All digital documents along with any messages or metadata stored by us on the system are maintained in an encrypted form, and we cannot read or control the contents. (e) e. Certain types of documents, contracts, agreements may be excepted from electronic signature laws or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. You agree that we are not responsible or liable to determine whether a particular digital document is subject to an exception to applicable electronic signature laws, or whether it is subject to any particular agency promulgations, or whether it can be legally executed or concluded by electronic signatures. (f) f. We are not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations or legal or administrative processes. (g) g. Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-non- electronic, written record of the transaction. We do not and are not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Documentation for all transactions, consumer or otherwise; or (vi) comply with any such special requirements. You undertake to determine whether any “consumer” is involved in any digital document presented by its Permitted Users for processing, and, if so, to comply with all requirements imposed by law on such digital documents or their formation. (h) h. If your Account is suspended or terminated for violation of these Terms, you may not subscribe under a new Account unless specifically allowed by us. You agree that we shall not be liable to you or to any third party for any suspension and/or termination of your Account or any refusal of access. (i) i. You agree that its assigned Account Administrator(s) has authority to provide us with and accept from us any required authorizations, requests, or consents on your behalf with respect to your Account. (j) j. You agree that you are solely responsible for the accuracy and appropriateness of instructions given by you and your personnel to us in relation to the DocuX Services, including without limitation instructions through its Account as made by the assigned Account Administrator. (k) k. You agree that it is your responsibility to decide which data and Customer Content to submit to DocuX Services. Unless otherwise required by you, any Customer Content will be retained subject to our data retention policies and confidentiality obligations under the Terms. You specifically acknowledge that we are not obliged to maintain a backup of any data and that we may not always be able to restore such data in case deleted at your request. You further acknowledge and agrees that we and our designees shall have the right to remove any Customer Content that violates these Terms or is otherwise objectionable in our sole discretion. You acknowledge that we do not verify, adopt, ratify, or sanction Customer Content, and you agree that you must evaluate and bear all risks associated with your use of Customer Content. (l) l. Your Account is non-transferable and may not be sold, combined and/or otherwise shared with any other person. You are fully responsible for all activities that occur under your Account and for other actions taken in connection with your Account. Maintaining security of your Account is solely your responsibility. You should never publish, distribute, share and/or post login information of your Account. You must notify us immediately of any breach of security and/or unauthorized access to and/or use of your Account. (m) m. You may assign and expressly authorize a Permitted User(s) as its agent to manage your Account, and management of your Account includes, without limitation, configuring administration settings, assigning access and use authorization, requesting different or additional services, providing usage and performance records, managing templates, executing approved campaigns and events, assisting in third-party product integrations, and accepting notices, disclosures, and terms and conditions (“Account Administrator”).