Common use of Subscriber's Responsibilities Clause in Contracts

Subscriber's Responsibilities. Account Management: Subscriber shall have administrative rights to manage the accounts of its Permitted Users, at its discretion. Subscriber shall be solely responsible for managing its Account and accounts of any of its Permitted User(s) and updating the same from time to time. As a condition for using the Subscription, the Subscriber and the Permitted Users shall be required to register with Company and select a password and enter his/her email address. Subscriber shall ensure that the Permitted Users shall provide Company with accurate, complete, and updated registration information. Subscriber understands that failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Permitted User’s account. It is the primary responsibility of Subscriber to ensure that the Permitted Users use the Software as directed, however, this shall in no manner undermine any authority or rights of Company. Subscriber shall be responsible for maintaining the confidentiality of its Account. Company shall not be liable for any loss of data or functionality caused directly or indirectly by the Permitted Users. Compliance with Laws: Subscriber and its Permitted Users shall comply with all applicable local, federal, state, national and foreign laws in connection with its use of the Subscription, including those laws related to data privacy, international communications, and the transmission of technical or personal data. Subscriber acknowledges that Company exercises no control over the content of the information transmitted by Subscriber or the Permitted Users through the Software. Subscriber and its Permitted Users shall not upload, post, reproduce or distribute any information, Software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights. Unauthorized Use; False Information: Subscriber and its Permitted Users shall: (i) notify Company immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (ii) report to Company immediately and use reasonable efforts to stop any unauthorized use of the Subscription that is known or suspected by Subscriber, and (iii) not provide false identity information to gain access to the Software or use the Subscription. Access: Subscriber shall be solely liable for the usage of the Software and the Subscription by all Permitted Users and shall indemnify and save harmless Company from and against any claims in relation to usage of the Software and the Subscription by such Permitted Users. System requirements: Subscriber acknowledges that, for accessing and use of the Software and the Subscription, the Permitted Users may be required to use one or more compatible devices, internet services and certain software and may require obtaining updates or upgrades of the Software from time to time. Because the access and use of the Subscription involves hardware, software, and internet access, Subscriber’s ability to access and use of the Subscription may be affected by the performance of these factors. Subscriber content: Subscriber is solely responsible for all Subscriber Content transmitted on the Software, and for ensuring that Subscriber Content does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious or (iii) introduce any software viruses or other harmful or deleterious computer code, files, or programs, such as trojan horses, worms, time bombs, or cancelbots. Subscriber acknowledges and agrees that Company uses certain third-party tools for analytical purposes and may use Subscriber Content and track Subscriber’s usage of the Subscription for any purpose including but not limited to research, analytics, and to improve Subscriber’s services. Subscriber acknowledges that, Company will have no obligation to retain any Subscriber Content on the Software. The Customer agrees to delete all Subscriber Content on termination or expiration of this Agreement within a period of ninety (90) days or such longer period if required under law or on account of non-payment of Fees by the Subscriber. Usage and configuration metrics: Company, and its third-party service providers that perform Subscription in connection with the Subscription may collect information regarding number of users, number of devices, number of servers, per user storage capacity, aggregate storage usage of Subscriber and may use such information only for Company’s internal business purposes, including to perform its obligations under this Agreement and to ensure compliance with this Agreement.

Subscriber's Responsibilities. Account Management: (i) The Subscriber shall have administrative rights acknowledges that inability to manage gain access to services through CROS (for whatever reason) does not relieve the accounts Subscriber of its Permitted Usersany obligations under the Companies Act, at its discretionCh. 81:01, the Registration of Business Names Act, Ch. 82:85, or the Non-Profit Organisations Act, No. 7 of 2019, (as applicable), including the filing or delivery of documents at, or the provision of information to, the RGD. (ii) The foregoing obligations are also applicable to the client of a Subscriber shall be solely (where the Subscriber is an agent of that client). 7.2 The Subscriber is responsible for managing its the confidentiality of the user identification name and password associated with the Companies Registry Account and accounts the Account PIN assigned by the RGD upon registration of any of its Permitted User(s) and updating the same from time to time. As a condition for using the Subscription, the Subscriber and for the Permitted Users shall be required to register with Company and select a password and enter his/her email addressServices. The Subscriber shall ensure that control of the Permitted Users user identification name, password and Account PIN for authorized usage of the Services and shall provide Company with accurate, complete, act in good faith and updated registration information. Subscriber understands that failure to do so shall constitute a breach of this Agreement, which may result exercise all reasonable care and diligence in immediate termination of Permitted User’s account. It is the primary responsibility of Subscriber to ensure that the Permitted Users use the Software as directed, however, this shall in no manner undermine any authority or rights of Company. Subscriber shall be responsible for maintaining the confidentiality of the user identification name, password and Account PIN. Unless the contrary is proved, all communication and activities occurring under or referable to the Subscriber’s Companies Registry Account, user identification name, password and Account PIN shall be deemed to have been validly used or authorised by the Subscriber. The Subscriber shall be liable for all costs, fees and expenses arising from any communication and activity occurring or referable to the Subscriber’s Companies Registry Account, user identification name, password and Account PIN. 7.3 The Subscriber shall be liable for all transactions effected through the use of the Subscriber’s Companies Registry Account, user identification name, password or Account PIN, including liability for the fees, charges and levies as may be applicable to such transactions. The RGD shall be under no obligation whatsoever to investigate or verify the authority of persons using the Subscriber’s user identification name, password or Account PIN. 7.4 The Subscriber undertakes to notify the RGD immediately of any unauthorized use of the Subscriber’s Companies Registry Account, user identification name, password or Account PIN. 7.5 The Subscriber agrees that access to and usage of the Services is for approved purposes only. The Subscriber shall use the Services solely in the capacity of an end-user, and shall not, without the Registrar General’s prior written approval, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, information obtained through the Services, or use of, or access to, the Services. 7.6 The Subscriber warrants and represents that the Subscriber or his agents are duly authorized to upload, submit, transmit or otherwise deal with all content, information and data provided by the Subscriber, and that all such content, information and data provided is true, accurate, current and complete. 7.7 The Subscriber agrees not to knowingly submit, upload or transfer any unauthorised files, codes (including but not limited to viruses), documents and information, in the course of using the Services. (i) The Subscriber agrees to maintain offline all electronic records sent to and received from the RGD or the Service Provider through CROS. (ii) The Subscriber understands that the RGD reserves the right to delete these electronic records from its Accountonline databases without notifying the Subscriber. 7.9 The Subscriber undertakes not to use the Services for, or to carry out, any activity that may be prohibited under the Laws of the Republic of Trinidad and Tobago. 7.10 The Subscriber hereby authorizes the RGD to use any Personal Information submitted by, or on behalf of, the Subscriber, in accordance with the Privacy Policy Statement which forms part of this Agreement. 7.11 The Subscriber agrees at all times to indemnify and hold harmless the Minister with responsibility for the RGD, the Registrar General, and the officers, employees and agents of the RGD (“those indemnified”) from and against any loss, damage or liability (including reasonable legal costs and expenses) reasonably incurred or suffered by any of those indemnified arising from or in connection with: (i) the use of the Services by the Subscriber; (ii) a breach by the Subscriber or his employees, agents or contractors of the terms and conditions of this Agreement; or (iii) any willful, unlawful or negligent act or omission on the part of the Subscriber or his employees, agents or contractors. 7.12 The Subscriber shall provide to the RGD the Subscriber’s Personal Information and shall promptly update such Personal Information whenever any change occurs. Company Where it is necessary for the RGD to send any notification pertaining to this Agreement, to the Subscriber, the RGD shall make all reasonable efforts to do so, using the most recent contact details of the Subscriber. It shall only be necessary for the RGD to make two (2) attempts to contact the Subscriber, within a two (2) week period. Those indemnified shall not be liable for any loss or damage occasioned to the Subscriber by a failure to communicate such notification where the Subscriber has neglected or omitted to update Personal Information. 7.13 The Subscriber acknowledges the proprietary interest and copyright of the Government of the Republic of Trinidad and Tobago in the data and documentation provided in connection with requests for Services and undertakes not to reproduce, duplicate, copy, sell, resell or exploit such data or functionality caused directly or indirectly by the Permitted Users. Compliance with Laws: documentation for pecuniary gain in any manner whatsoever. 7.14 The Subscriber and its Permitted Users shall comply with all applicable local, federal, state, national legislation and foreign laws policies relating to data protection and copyright in connection with its use data and documentation accessed from CROS. 7.15 The rights and obligations of the Subscription, including those laws related Subscriber under this Agreement shall be personal to data privacy, international communications, and the transmission of technical or personal data. Subscriber acknowledges that Company exercises no control over the content of the information transmitted by Subscriber or the Permitted Users through the Software. Subscriber and its Permitted Users shall not upload, post, reproduce or distribute any information, Software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights. Unauthorized Use; False Information: Subscriber and its Permitted Users shall: (i) notify Company immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (ii) report to Company immediately and use reasonable efforts to stop any unauthorized use of the Subscription that is known or suspected by Subscriber, and (iii) he shall not provide false identity information assign or dispose of, or permit to gain access be assigned or disposed of, any of his rights and responsibilities, either in whole or in part, under this Agreement, to the Software or use the Subscription. Access: Subscriber shall be solely liable for the usage of the Software and the Subscription by all Permitted Users and shall indemnify and save harmless Company from and against any claims in relation to usage of the Software and the Subscription by such Permitted Users. System requirements: Subscriber acknowledges that, for accessing and use of the Software and the Subscription, the Permitted Users may be required to use one or more compatible devices, internet services and certain software and may require obtaining updates or upgrades of the Software from time to time. Because the access and use of the Subscription involves hardware, software, and internet access, Subscriber’s ability to access and use of the Subscription may be affected by the performance of these factors. Subscriber content: Subscriber is solely responsible for all Subscriber Content transmitted on the Software, and for ensuring that Subscriber Content does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious or (iii) introduce any software viruses or other harmful or deleterious computer code, files, or programs, such as trojan horses, worms, time bombs, or cancelbots. Subscriber acknowledges and agrees that Company uses certain third-party tools for analytical purposes and may use Subscriber Content and track Subscriber’s usage of the Subscription for any purpose including but not limited to research, analytics, and to improve Subscriber’s services. Subscriber acknowledges that, Company will have no obligation to retain any Subscriber Content on the Software. The Customer agrees to delete all Subscriber Content on termination or expiration of this Agreement within a period of ninety (90) days or such longer period if required under law or on account of non-payment of Fees by the Subscriber. Usage and configuration metrics: Company, and its third-party service providers that perform Subscription in connection with the Subscription may collect information regarding number of users, number of devices, number of servers, per user storage capacity, aggregate storage usage of Subscriber and may use such information only for Company’s internal business purposes, including to perform its obligations under this Agreement and to ensure compliance with this Agreement.