Customer Responsibilities
4.1 Where Customer is required to install the Data on the Company Equipment, unless otherwise subscribed by Customer, Customer shall appoint, at its own cost and expense, an authorized representative to install its Data on the Company Equipment.
4.2 Unless otherwise agreed by the Parties, Customer shall be solely responsible for:
(i) obtaining all necessary hardware, software, Internet accounts, domain names, any
Internet content and/or service provider services as may be necessary for:
(a) accessing and/or administering the Data on the Company Equipment, via the Internet or where applicable, broadband networks; and
(b) enabling Customer to utilize the Hosting Services provided under this Specific Terms and Conditions;
(ii) the installation, set-up, configuration and the compatibility of the Data to the Company Equipment and the relevant network for access to the Hosting Services;
(iii) obtaining at its own cost, all licenses, permits, consents, approvals and rights as may be required for using the Hosting Services;
(iv) ensuring that in using the Hosting Services all applicable laws, rules and regulations
for the use of any telecommunications systems, service or equipment are complied
with at all times;
(v) all Data, information and other data retrieved, stored and transmitted by Customer
through the use of the Hosting Services; and
(vi) creating, configuring and maintaining any and all Data employed on the Company
Equipment and the Customer’s website.
4.3 Customer and all persons using the Hosting Service through Customer shall not use any products, tools, materials, or methods that, in Company’s sole judgment, could harm, endanger, or interfere with the Hosting Services, the DC, the Company Equipment and any
property of Company, its vendors and/or its other customers. Company reserves the right to take any necessary action to prevent such potential harm.
4.4 In addition, Customer acknowledges and agrees that while Company may perform certain backups as part of its internal operations with respect to the Hosting Services, such backups are not the complete disaster recovery solution for Customer and, as such, Customer is
solely responsible for backup of its software and data residing on the equipment platform.
4.5 Company reserves the right to monitor Customer’s bandwidth and/or disk usage and to utilize technology to limit such usage to ordered amounts and/or to charge Customer for any excessive usage. Company further reserves the right to suspend access to Customer’s
website, script or other application in the event Company reasonably believes that such website, script or other application is the cause of interruptions in Company’s ability to provide services to other customers, which suspension or termination shall not relieve Customer’s obligation to pay the stipulated fees for the Hosting Services. In the event of any such suspension, Company will notify Customer as soon as practicable so that Customer may take remedial action in order to regain access to its website, script or other application.
4.6 Customer agrees that if, in the course of performing the Hosting Services, it is necessary for Company to access Customer Technology, Company is hereby granted and shall have a non-exclusive, royalty-free license, during the term of the Agreement, to use the Customer Technology solely for the purposes of delivering the Hosting Services to Customer.
Company shall not use the Customer Technology for any purpose other than providing the Hosting Services.
4.7 Customer:
(i) warrants and undertakes that none of the hosting materials shall contain any statement or content that is obscene, indecent, pornographic, seditious, offensive,
defamatory, threatening, liable to incite racial hatred, discriminatory, menacing, in breach of confidence or in respect of which Customer is not the true and lawful
owner of the copyright or trade mark, as the case may be, or for which Customer has not obtained all necessary licenses and/or approvals;
(ii) shall use its best efforts to obtain and deliver to Company all such consents and licenses as Company may reasonably require in order to host those materials on to
the equipment platform or to modify the same from time to time and, failing delivery of such consents or licenses in relation to any material, Company may at its discretion, refuse to host those materials on the equipment platform;
(iii) shall fully comply with the Acceptable Use Policy at all times as presented and updated from time to time on the Company website; and (iv) shall remain liable for any requests to the Company for changes or modifications to
the networks, system or any part of the Hosting Services thereon.
5. Resale
Customer shall not market, license or resell the Hosting Services to any third party except with Company’s prior written consent. If Customer provides or attempt to make available to any third party use of the Hosting Services without obtaining the prior written consent of Company, Customer shall be deemed in material breach of the Agreement and Company may immediately terminate the
Agreement without notice to Customer notwithstanding any other legal or equitable remedy that Company is entitled to pursue under the law

*Full Ts&Cs be provided during contract signing