Subscriber Services Agreement

 

The term “CWS” shall mean Constellation Web Solutions.

  1. Network Security, You acknowledge that the portion of the Ultimate IVR through which content will pass and the servers on which content will be stored will not be segregated or in a separate physical location from servers on which CWS’s other customers’ content is or will be transmitted or stored,

  2. Content You are and shall be solely responsible for the creation, editorial content, control, and all other aspects of content. You represents and warrants that you have obtained (or will obtain, prior to transmission to the Ultimate IVR) all authorizations and permissions required to use and transmit the content over the Ultimate IVR as part of the Subscriber Services,

  3. Lawful purposes, You agree that you will use the Subscriber Services only for lawful purposes and in accordance with your agreement with Customer. You shall comply with all applicable laws and regulations when using the Subscriber Services or accessing the Ultimate IVR, including without limitation, compliance with applicable international export and privacy laws, privacy policies and other laws regarding the transfer and/or transmission of data,

  4. Critical Applications, You acknowledge and agree that the Subscriber Services and the Ultimate IVR are not designed, intended, authorized or warranted to be suitable for hosting life-support applications or other critical applications where the failure or potential failure of the Subscriber Services or the Ultimate IVR can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support systems, and delays in getting medical care or other emergency services, You acknowledge and agree that use of the Ultimate IVR and/or the Subscriber Services to support such applications is fully at your own risk and that you assume all risk arising out of such use,

  5. No Harmful Code, You represent and warrant to CWS that no content shall be knowingly transmitted by you or your end users through the Ultimate IVR containing any program, routine or device which is designed to delete, disable, deactivate, interfere with or otherwise harm , any software, program, data, device, system or service, including without limitation, any ‘time bomb’, virus, drop dead device, malicious logic, worm, Trojan horse or trap or back door (collectively, “Harmful Code”),

  6. NO WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUBSCRIBER SERVICES ARE PROVIDED BY CWS AND ITS SUPPLIERS “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED BY CWS AND ITS SUPPLIERS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CWS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES.