4.1 Subscriber Data. As between KEDEHub and Subscriber, Subscriber is
responsible for Subscriber Data and the provision of Subscriber Data to the Services
according to the Agreement.
4.2 Personnel and Performance. Subscriber will be responsible for the
performance of its personnel (including employees and contractors) in compliance with
the Agreement. Subscriber enters into the Agreement on behalf of its Affiliates that
make use of the Services.
4.3 Non-KEDEHub Services. Subscriber may choose to use services not
provided by KEDEHub ("Non-KEDEHub Services") with the Services and in doing so grants
KEDEHub permission to interoperate with the Non-KEDEHub Services as directed by
Subscriber or the Non-KEDEHub Services. Unless specified in a Service Order: (a)
KEDEHub does not warrant or support Non-KEDEHub Services, (b) as between KEDEHub and
Subscriber, Subscriber assumes all responsibility for the Non-KEDEHub Services and any
disclosure, modification or deletion of Subscriber Data by the Non-KEDEHub Services and
(c) KEDEHub shall have no liability for, and Subscriber is not relieved of any
obligations under the Agreement or entitled to any refund, credit, or other compensation
due to any unavailability of the Non-KEDEHub Services or any change in the ability of
KEDEHub to interoperate with the Non-KEDEHub Services.
4.4 Third Party Reports. As an intermediary, KEDEHub may receive
notices from third parties ("Reporters") regarding Subscriber Data or Subscriber's use
of the Services ("Reports"). KEDEHub will forward all Reports directly to an email
address provided by Subscriber designated to receive Reports (the “Abuse Contact”). Upon
receipt of a Report, Subscriber will (i) acknowledge receipt of such report to KEDEHub
within two (2) business days of receipt and (ii) address the Report promptly with the
Reporter, including informing the Reporter that Subscriber (and not KEDEHub) is the
appropriate party to address the matter. KEDEHub may provide the Abuse Contact to a
Reporter inquiring about Subscriber Data or Subscriber's use of the Services.
4.5 Responsibilities. Subscriber
(a) shall comply with the KEDEHub
Acceptable Use Policy, available at http://kedehub.io/terms/aup;
(b) shall use the Services in
accordance with the Agreement;
(c) shall use the Services in accordance with the
applicable Documentation;
(d) shall be responsible for using commercially reasonable
efforts to prevent unauthorized access to or use of the Services;
(e) shall promptly
notify KEDEHub of any unauthorized access or use of the Services;
(f) shall respond to
Reports in accordance with Section 4.4 (Third Party Reports) and take reasonably
appropriate action to resolve the reported matter;
(g) shall not use the Services to
store, transmit or display Subscriber Data for fraudulent purposes or in violation of
applicable laws and governmental regulations;
(h) shall not make the Services available
to, or use the Services for the benefit of, anyone other than Subscriber's own personnel
or end users;
(i) shall not use the Services to store, transmit or display Malicious
Code;
(j) shall not interfere with or disrupt the integrity or performance of the
Services or any third-party technology contained therein;
(k) shall not attempt to gain
unauthorized access to any of KEDEHub's datacenters, systems or networks;
(l) shall not
permit direct or indirect access to or use the Services in a way that circumvents a
usage or capacity limit of the Services or use the Services to access or use any of
KEDEHub's intellectual property except as permitted under the Agreement;
(m) shall not
sell, resell, license, sublicense, distribute, redistribute, rent, or lease the Services
except as integrated with its own offerings that provide additional functionality to its
end users;
(n) subject to Section 9.2 (KEDEHub Software), shall not copy, modify or
create a derivative work of the Services or any part, feature, function, or user
interface thereof;
(o) shall not access the Services or use the Documentation to develop
a competitive product or service;
(p) subject to Section 9.2 (KEDEHub Software), except
as permitted by applicable laws or governmental regulations, shall not reverse engineer,
decompile, translate, disassemble or otherwise attempt to extract any or all of the
source code of the Services;
(q) shall not alter, remove or obscure any copyright,
trademark or other proprietary notices or confidentiality legend on the Services;
(r) shall obtain and maintain appropriate equipment and ancillary services needed to connect
to, access or otherwise use the Services, including modems, hardware, servers, software,
operating systems and internet access;
(s) obtain and maintain any required consents
necessary to permit the processing of Subscriber Data by KEDEHub under the Agreement;
and
(t) obtain and maintain any consents necessary to permit the processing by KEDEHub
of the personal information of Subscriber's personnel for purposes of the Services and the Agreement.
4.6 Service Notices. If KEDEHub becomes aware that Subscriber may
violate Subscriber's obligations under this Section 4 (Subscriber's Obligations),
KEDEHub will notify the Abuse Contact by email (the “Service Notice”) and request
Subscriber to take reasonably appropriate action, including ceasing problematic usage,
changing a configuration, updating account credentials or removing applicable Subscriber
Data. If Subscriber fails to comply with a Service Notice within the time period set
forth in the Service Notice, KEDEHub may block Subscriber's access to the Services
until the requested action is taken. If Subscriber fails to take the required action
within ten (10) days or fails to comply with Subscriber's obligations under this Section
4 (Subscriber's Obligations) on two or more occasions during any rolling twelve (12)
month period, KEDEHub may terminate the Agreement immediately for cause. KEDEHub also
responds to notices of alleged copyright infringement and may block access to the
applicable Service or terminate accounts of repeat infringers according to the process
set out in the U.S. Digital Millennium Copyright Act of 1998. All limitations of access,
suspensions, and terminations for cause shall be made in KEDEHub's sole discretion and
KEDEHub shall not be liable to Subscriber or any third party for any termination of
Subscriber's account or access to the Services.