Public Networks Clause Samples
Public Networks. Client acknowledges and agrees that Supplier does not control the transfer of data over the internet or a public telecommunications network, and accordingly Supplier’s obligations set forth in the Contract shall not apply to Client Content while in transit over such networks.
9.1 Meaning of ”Confidential Information”. In this Agreement, “Confidential Information” means (i) any business or technical information of Client or Supplier, including any budget quotation, any information relating to either party’s products, services, marketing plans, business opportunities, trade secrets or personnel, (ii) any information of Client or Supplier that is specifically designated by the disclosing party as confidential or proprietary, and (iii) any information that is known to the receiving party, or should be known to a reasonable person given the facts and circumstances of the disclosure being treated as confidential or proprietary by the disclosing party.
Public Networks. The remainder of this Section 23 shall only apply to the Moneyline Group or Moneyline Customer traffic that traverse public networks. To the extent that Moneyline Group or Moneyline Customer traffic traverse only a private network, the remainder of this Section shall not apply to such traffic. The transmission of any material in violation of any Federal, State, or other applicable law or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret or material that is otherwise deemed to be proprietary or judged by SAVVIS to be inappropriate or improper such as unsolicited e-mail messages. SAVVIS has zero tolerance for unsolicited e-mail messages and reserves the right to immediately suspend or terminate the Services or Agreement in the event that SAVVIS becomes aware that Moneyline Group or Moneyline Customer or persons making use of the Services (i) are using the SAVVIS network for the distribution of unsolicited e-mail messages, or (ii) is otherwise in breach of this Section. Notwithstanding the foregoing, any indirect or attempted violations of this Section or SAVVIS' Acceptable Use Policy located on its website, or actual or attempted violations by a third party on behalf of Moneyline or its end user, shall be considered a violation of the Agreement by Moneyline. SAVVIS provided facilities, Services may not be used to send unsolicited commercial e-mails, nor may SAVVIS facilities, Services be used to host any web site or other network resource which is advertised directly or indirectly through unsolicited commercial [**] CONFIDENTIAL TREATMENT REQUESTED Execution Version e-mail. SAVVIS considers complaints by recipients of emails to be evidence that the recipient did not "opt-in" or otherwise ask to receive the email(s) about which a complaint was generated.
