Common use of Security Enforcement Clause in Contracts

Security Enforcement. You shall not, nor shall You permit any third party to, (i) disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by AIA for use of the ACD Online Service; (ii) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the ACD Online Service (or its data) or in any way reproduce or circumvent the navigational structure or presentation of the ACD Online Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the ACD Online Service; (iii) attempt to gain unauthorized access to any portion or feature of the ACD Online Service, including, without limitation, the account of another User(s), any other systems or networks connected to the ACD Online Service, any AIA server, or to any of the services offered on or through the ACD Online Service by hacking, password "mining," or any other illegitimate or prohibited means; (iv) probe, scan, or test the vulnerability of the ACD Online Service or any network connected to the ACD Online Service; (v) reverse look-up, harvest, collect, trace, or seek to trace any information on any other User of the ACD Online Service; or (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the ACD Online Service or AIA’s systems or networks connected to the ACD Online Service. AIA agrees to make reasonable commercial efforts to safeguard the Client Information, including any associated personally identifiable information, provided by You from unauthorized access or use. Nevertheless, as it relates to AIA and in circumstances when AIA needs to protect its own or another User’s interests, You have no reasonable expectation of privacy while using the ACD Online Service because AIA reserves the right to view, monitor, and/or record activity related to the ACD Online Service (in accordance with applicable law). AIA also reserves the right at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the ACD Online Service, or any portion thereof, in order to protect the ACD Online Service or AIA’s rights or business. You will immediately notify AIA if You become aware of any unauthorized use of the ACD Online Service. You also acknowledge that any breach, threatened or actual, of this Agreement will cause irreparable injury to AIA, such injury would not be quantifiable in monetary damages, and AIA would not have an adequate remedy at law. You therefore agree that AIA and/or it licensors shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that AIA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to AIA to enforce any provision of this Agreement.

Appears in 2 contracts

Sources: Terms of Service, Terms of Service