Third Party Servers Sample Clauses
The Third Party Servers clause defines the terms under which a party may use servers or hosting services operated by external providers rather than their own infrastructure. This clause typically outlines responsibilities regarding data security, compliance with relevant laws, and the selection or approval of third-party vendors. Its core function is to clarify the allocation of risk and responsibility when data or services are managed by entities outside the primary contractual relationship, ensuring all parties understand their obligations and liabilities.
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Third Party Servers. ESC IT designs and tests websites to work on its own servers, and cannot guarantee correct functionality if the Client wishes to use a third-party server. In the event that the Client is using a third-party server, it is the responsibility of the Client and any third party host to ensure that the server is compatible with the website. ESC IT will assist the Client to configure the server if this is required. However, this may be subject to additional charges. If the Client’s website is to be installed on a third-party server, ESC IT must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Third Party Servers. Company agrees that portions of Network Aware Digital Items hosted by Company may not be hosted on any server or other hosting device not owned and controlled by Company (“Third Party Server”), except in accordance with the following:
i. Company shall promptly provide Nextel with written notice of such proposal, which written notice shall include at a minimum the name and address of the person or entity that owns and controls the Third Party Server (“Host”), the name of a contact person for the Host and the proposed date of the transfer of each portion of such Network Aware Digital Item. No portion of a Network Aware Digital Item shall be hosted on a Third Party Server without the prior written consent of Nextel. Such consent shall not be unreasonably withheld; however, in no case shall any Host be a competitor of Nextel;
ii. Company shall not install any portion of a Network Aware Digital Item on any Third Party Server or disclose any documentation related to a Network Aware Digital Item to any proposed Host until the proposed Host and Company have executed a hosting agreement under which Host has agreed to be bound by terms and conditions that are consistent with and no less restrictive than the terms and conditions of this Agreement as if the Host were Company hereunder, including but not limited to the confidentiality obligations contained in Section 25 of the Agreement. Company will enforce and police compliance of Host with the terms of any such hosting agreement; and Company shall impose the same standards of service upon Host as set forth in this Agreement.
Third Party Servers. The Author(s) are permitted to post and update the Author Accepted version or Final Publisher Version of Record on e-print servers, e.g., JJPHPT. Any such posting made after publication of the Work shall include a link to the online abstract in the Journal and the copyright notice below.
Third Party Servers. Company agrees that portions of Network Aware Digital Items hosted by Company may not be hosted on any server or other hosting device not owned and controlled by Company (“Third Party Server”), except in accordance with the following:
i. Company shall promptly provide Nextel (and Boost Mobile, if any such Network Aware Digital Items are distributed to Boost Users and not other Nextel Users, as provided in Section 1.d of Exhibit G-1) with written notice of such proposal, which written notice shall include at a minimum the name and address of the person or entity that owns and controls the Third Party Server (“Host”), the name of a contact person for the Host and the proposed date of the transfer of each portion of such Network Aware Digital Item. No portion of a Network Aware Digital Item shall be hosted on a Third Party Server without the prior written consent of Nextel. Such consent shall not be unreasonably withheld; however, in no case shall any Host be a competitor of Nextel or any Affiliate of Nextel;
ii. Company shall not install any portion of a Network Aware Digital Item on any Third Party Server or disclose any documentation related to a Network Aware Digital Item to any proposed Host ***** The omitted portions of this exhibit have been filed with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 406 promulgated under the Securities Act of 1933.
Third Party Servers. Company agrees that portions of Network Aware Digital Items hosted by Company may not be hosted on any server or other hosting device not owned and controlled by Company (“Third Party Server”), except in accordance with the following:
i. Company shall promptly provide Nextel (and Boost Mobile, if any of such Network Aware Digital Items are distributed to Boost Users and not other Nextel Users, as provided in Section 1.d of Exhibit G-1 with written notice of such proposal, which written notice shall include at a minimum the name and address of the person or entity that owns and controls the Third Party Server (“Host”), the name of a contact person for the Host and the proposed date of the transfer of each portion of such Network Aware Digital Item. No portion of a Network Aware Digital Item shall be hosted on a Third Party Server without the prior written consent of Nextel. Such consent shall not be unreasonably withheld; however, in no case shall any Host be a competitor of Nextel or any Affiliate of Nextel;
ii. Company shall not install any portion of a Network Aware Digital Item on any Third Party Server or disclose any documentation related to a Network Aware Digital Item to any proposed Host until the proposed Host and Company have executed a hosting agreement under which Host has agreed to be bound by terms and conditions that are consistent with and no less restrictive than the terms and conditions of this Agreement as if the Host were Company hereunder, including but not limited to the confidentiality obligations contained in Section 25 of the Agreement. Company will enforce and police compliance of Host with the terms of any such hosting agreement; and Company shall impose the same standards of service upon Host as set forth in this Agreement.
1. Content, in any format, that violates any applicable local, state, federal, or international law is prohibited.
2. Content, in any format, that is related to any of the following categories is prohibited:
a. Illegal drugs (including but not limited to marijuana, cocaine, ecstasy etc…).
b. Sexually explicit images, pornographic content, or child pornography.
c. Comments, communications and/or content that facilitates or promotes illegal activity.
d. Prejudiced related comments, communications and/or content that facilitates or promotes unlawful violence, and/or discrimination based upon gender, ancestry, race, sexual orientation, religion, marital status, age, disability, national origin, veteran status, cr...
Third Party Servers. Where applications or sites are developed and hosted on servers not recommended by custardfish, the Client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. It is the Clients responsibility to provide a suitable testing environment which is identical to the final production environment. Due to the vast difference in server technology and hosting environments custardfish reserve the right to make additional charges for time spent during the familiarisation and set up of third party hosting environments. Spamming, or the sending of unsolicited email or using an email address that is maintained on a custardfish server is STRICTLY PROHIBITED. custardfish reserves the right to suspend or cancel a Client’s access to any or all services provided if custardfish decides that an account has been inappropriately used. While custardfish will use every reasonable endeavour to ensure the integrity and security of the mail Server, custardfish do not guarantee that the Server will be free from unauthorised users or hackers and custardfish shall be under no liability for non-receipt or misrouting of email or for any other failure of email. custardfish make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server, and custardfish shall have no liability for any loss or damage to any data stored on the Server. The Client shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server. Under no circumstances shall custardfish be held liable for claims arising from the content of the Clients web site.