Common use of Network Security; Prohibited Actions Clause in Contracts

Network Security; Prohibited Actions. Customer acknowledges and agrees protection of the Row 44’s network systems is of critical importance, and, therefore, Customer shall not engage in, or knowingly permit customers of Customer to engage in, any of the following activities: (i) any course of action that compromises the performance, security or integrity of the servers, computer systems, satellites or any other devices or software connected directly or indirectly to the network comprising the Service; (ii) any material increase in traffic levels for malicious or illegal purposes or with the result that such traffic level causes a substantial degradation of performance to Row 44 or other customers of Row 44; (iii) tampering, hacking or other intrusion or unauthorized access to any system controlled by Row 44 or through which Row 44 network access is dependent; or (iv) the infringement of the legal rights of other network users (including other users of the Service or the internet), service providers and content providers. In the event Customer, or any customer of Customer, undertakes any of the above activities, Customer acknowledges and agrees Row 44 is authorized to disable access to the Service (including for a particular customer of Customer) until such activity ceases. Notwithstanding the foregoing, Row 44 shall be under no obligation to monitor the content Customer or customers of Customer transmit using the Service, except as may be required by applicable law (including, without limitation, lawful intercept requirements). Customer may not resell or redistribute (whether for a fee or otherwise) the Services provided by Row 44, or any portion thereof, except for the sale of access to the Service from Customer to Customer’s customers on board Customer’s aircraft.

Appears in 2 contracts

Samples: System and Services Agreement (Global Eagle Entertainment Inc.), System and Services Agreement (Global Eagle Entertainment Inc.)

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Network Security; Prohibited Actions. Customer acknowledges and agrees protection of the Row 44’s network systems is of critical importance, and, therefore, Customer shall Southwest will not engage in, or knowingly permit customers of Customer Southwest to engage in, any of the following activities: (ia) any course of action that compromises is intended to or does materially compromise the performance, security or integrity of the servers, computer systems, satellites or any other devices or software connected directly or indirectly to the network comprising the Service; (iib) any material increase in traffic levels for malicious or illegal purposes or with the result that such traffic level causes a substantial degradation of performance or denial of service to Row 44 or other customers of Row 44; (iiic) tampering, hacking or other intrusion or unauthorized access to any system controlled by Row 44 or through which Row 44 network access is dependent; or (ivd) the infringement of the legal rights of other network users (including other users of the Service or the internetInternet), service providers and content providers, except to the extent the Service itself is the cause of the infringement. In the event Customer, Southwest or any customer of Customer, Southwest undertakes any of the above activities, Customer acknowledges and agrees Row 44 shall, in the event the continuance of such activity is reasonably likely to affect the operation of the Broadband System (including the access controls built into the Broadband System) or Row 44’s network, be authorized to disable access to the Service Services (including for a particular aircraft or customer of CustomerSouthwest) until such activity ceases; provided, however, that any disabling of Services will be limited to that reasonably required to protect the Broadband System operations in the applicable circumstance. Notwithstanding the foregoing, Row 44 shall be under no obligation to monitor the content Customer Southwest or customers of Customer Southwest transmit using the ServiceServices, except as may be required by applicable law (including, without limitation, lawful intercept requirements)Law. Customer Southwest may not resell or redistribute (whether for a fee or otherwise) the Services provided by Row 44, or any portion thereof, except for the sale of access to the Service Services from Customer Southwest to CustomerSouthwest’s customers on board Customer’s aircraftpassengers. *** Confidential treatment requested.

Appears in 2 contracts

Samples: Supply and Services Agreement (Global Eagle Entertainment Inc.), Supply and Services Agreement (Global Eagle Entertainment Inc.)

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