anti -discrimination, or false advertising); (iii) is inappropriate, profane, defamatory, libelous, obscene,
<br />indecent, threatening, harassing, or otherwise unlawful; (iv) is harmful to minors or otherwise pornographic;
<br />(v) contains any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar
<br />software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or
<br />expropriate any system, data, Personal Information, or property of another; (vi) is materially false,
<br />misleading, or inaccurate; and/or (vii) contains information for which you do not have the right to permit
<br />Kaseya to collect and process as set forth in the Privacy Statement.
<br />7.4. Third Party Clients and Responsibility for Accounts Generally. You are responsible for the compliance
<br />with the Agreement of Third Party Clients and if you are a Third Party Client, you agree to comply with the
<br />Agreement. You agree: (a) to furnish such information to Kaseya, and to adopt and utilize (and to cause
<br />Third -Party Clients to adopt and utilize) such other measures as Kaseya reasonably may prescribe, in order
<br />to assure that the Services are furnished by Kaseya pursuant to the Agreement only to Third -Party Clients, if
<br />any, to whom you have a contractual obligation to provide such Services; (b) that you shall only permit
<br />Authorized Users to access the Software or Services via the access method provided by Kaseya and shall
<br />not permit access to anyone other than an Authorized User; (c) that the security of your account and of any
<br />network or system utilized by you is solely your own responsibility, and that you are responsible for
<br />maintaining the secrecy and security of your passwords and acknowledge; (d) that Customer Data will be
<br />lost and irretrievable without your passwords; (e) that you are fully responsible for all activities that occur
<br />on your accounts, regardless of whether such activities are undertaken by you or a third party; (f) that if you
<br />believe that the security of your account or of any such network or system has been compromised in any
<br />way, you will notify Kaseya immediately both by email and telephone; (g) not to interfere with the proper
<br />operation of any network or system utilized by Kaseya (including defeating identification procedures,
<br />obtaining access beyond that which you and Third -Party Clients are authorized for, and impairing the
<br />availability, reliability, or quality of service for other customers of Kaseya) or with the proper operation of
<br />other systems reachable through the Internet, including any attempt at unauthorized access; (h) not to use
<br />the Software or Services or knowingly to permit any Third -Party Client to use the Software or Services for
<br />or in connection with any illegal or improper purpose or activities or in violation of the Agreement.
<br />7.5. Downtime and Service Suspensions. In addition to our rights to terminate or suspend Services to you as
<br />otherwise set forth in the Agreement, you acknowledge that: (a) we shall be entitled, to suspend access to
<br />any portion or all of the Services at any time (i) for scheduled downtime to permit us to conduct
<br />maintenance or make modifications to any Service, (ii) in the event of a denial of service attack or other
<br />attack on the Service or other event that we determine, in our sole discretion, may create a risk to the
<br />applicable Service, to you or to any of our other customers if the Service were not suspended, (iii) in the
<br />event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary
<br />or prudent to do so for legal or regulatory reasons, (iv) if you engage in any conduct or activities that is in
<br />excess of average customer usage parameters including your bandwidth, CPU or disk space usage and such
<br />usage by you is or may adversely affect the performance or availability of the Services, Kaseya's
<br />infrastructure or resources, or Kaseya's other customers, or (v) if you engage in any conduct or activities
<br />that Kaseya in good faith believes to be in violation of any of the terms and conditions in the Agreement; or
<br />(vi) in the event of any unauthorized use of the Services and/or Software by you or an. Authorized User, and
<br />(b) your access to and use of the Services may be suspended for the duration of any unanticipated or
<br />unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a
<br />result of power outages, system failures or other interruptions (all of the foregoing collectively referred to as
<br />"Service Suspensions"). Except as may be set forth in an applicable service level agreement, the Kaseya
<br />Entities shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or
<br />profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent
<br />we are able; we will endeavor to provide you notice of any Service Suspension, but shall have no liability
<br />for the manner in which we may do so or if we fail to do so; it being further understood that Kaseya may
<br />take any mitigating action without liability or notice to you in response to the situations described in (a)(iii)-
<br />(vi) above.
<br />7.6. Submissions. You may submit questions or comments to Kaseya from time to time. Kaseya reserves the
<br />right to edit and post such questions or comments along with answers, if any. All such communications and
<br />any comments, feedback, suggestions, scripts, software, ideas, and other submissions related to the
<br />Software and/or Services submitted to Kaseya (collectively, "Submissions") will be and remain Kaseya's
<br />property, and all worldwide right, title, and interest in all copyrights and other intellectual property in all
<br />Submissions are hereby assigned (and in the future deemed to be assigned) by you to Kaseya.
<br />8. TRIAL AND PRE-RELEASE SOFTWARE AND SERVICES. You acknowledge and agree that any Pre -
<br />Release Software and Services (defined as any Software or Services that are not generally released to the public
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