WEB HOSTING AGREEMENT
WEB HOSTING AGREEMENT
This Hosting Agreement (the "Agreement")
governs your purchase and use, in any manner, of all
hosting services ordered by you ("the Customer")
and accepted by Domain Name Registrar Internet Solutions
Kenya, trading as Domain Registration Services ("DNRA").
The hosting services subject to this Agreement are those
services included in the Service Options selected by
you during the ordering process (collectively, the "Services").
The available Service Options are located at http://www.isolutionskenya.com.
This Agreement describes the terms and conditions that
apply to such purchase and use of the Services. You
must accept the terms of this Agreement to use the Services.
By checking the box that says I have read and
accepted the terms of service and registering
for and using the Services, you acknowledge that you
have read this Agreement and agree to be bound by the
terms and conditions contained herein as well as all
policies and guidelines incorporated by reference. If
you do not agree to the terms of this agreement or any
modification, do not check the box and do not continue
to use the services.
1 Hosting Services
1 The Customer has ordered, and DNRA agrees to provide
(upon acceptance of the Customer's purchase request),
the Services pursuant to the Service Options selected
by the Customer. As part of the Services, DNRA will
configure, install, house, maintain, upgrade, monitor,
modify and operate the computer equipment, server(s),
operating software, network equipment and components
(collectively, "DNRA's Systems") as necessary
to host and serve the Customer's Content (as defined
below) via the Internet in accordance with the Service
Options. The Customer acknowledges that, as a part of
DNRA's Systems, DNRA may retain one or more third-party
service providers to supply the necessary facilities,
equipment, and connectivity to provide the Services
hereunder. Subject to the specific terms of this Agreement,
DNRA retains sole right and control over the programming,
content and conduct on DNRA's Systems. The Customer
is responsible for securing and maintaining its own
Internet connectivity to access DNRA's Systems.
.2 Any Customer Domain shall be hosted and administered
in accordance with terms of the Domain Agreement (which
can be found here http://www.isolutionskenya.com.
.3 DNRA may assign IP addresses to the Customer as
part of the Services. Any IP addresses or other network
numbers assigned to the Customer by DNRA are and shall
remain the property of DNRA. If the Customer terminates
this Agreement or DNRA ceases to provide domain name
services, DNRA may, in its sole discretion, reassign
or reuse the IP addresses. DNRA has sole discretion
as to the Internet routing of any DNRA network numbers.
Upon termination, DNRA will not have, and the Customer
hereby releases DNRA from, any responsibility or liability
for any actions or costs related to the reassignment
or reconfiguration of the Customer's system for any
new IP addresses.
4. DNRA shall use commercially reasonable efforts to
make DNRA's Systems and the Service available 99.5%
of the time (the "Uptime Goal"). The Uptime
Goal shall be measured within DNRA's System on a monthly
basis calculated to include 24 hours per day over each
month, but excluding from the numerator and denominator
in the calculation the duration in time of any temporary
shutdowns due to scheduled maintenance (which will not
exceed in the aggregate 10 hours per month), telecommunications
or power disruptions caused by third parties, and any
other causes beyond DNRA's reasonable control. Any failure
of DNRA to satisfy the Uptime Goal shall not constitute
a breach of this Agreement. The Customer further acknowledges
and agrees that its sole and exclusive remedy for any
failure of DNRA to provide the services in accordance
with the uptime goal is to terminate this Agreement
5 If the Customer uses any bandwidth or storage space
in excess of the Service Options, DNRA may, in its sole
discretion, assess the Customer with additional charges,
suspend the performance of the Services, or terminate
this Agreement. In the event that DNRA elects to take
any corrective action, the Customer shall not be entitled
to a refund of any unused pre-paid fees. The Customers
use of the Services and access to it is the Customers
responsibility. The Customer is responsible for any
unauthorised access to the Services resulting in bandwidth
and/or storage usage exceeding the limits in the Order
Form and resultant charges. Should shared server Customers
exceed the specified limits, DNRA will ask them to upgrade
to a larger plan or purchase additional bandwidth or
storage space.
6. DNRA reserves the right to change or modify the
Services, any Service Options, the terms and conditions
of this Agreement, or any policy or guideline applicable
to the Services, at any time in its sole discretion.
DNRA will send a notice to the Customer of any such
changes and will post a notice of such changes on DNRA's
web site www.isolutionskenya.com. Changes to this Agreement
or Service Options will be effective 15 days after the
notice is posted. Changes to any policy or guidelines
governing the Services, including the Acceptable Use
Policy, shall be effective upon posting to the DNRA
site. The Acceptable use Policy forms part of this Agreement.
If the Customer does not agree to any change to this
Agreement, the Service Options, or any governing policy
or guideline, the Customer's sole remedy is to immediately
terminate this Agreement pursuant to Section 5 (notwithstanding
any notice period). The Customer's continued use of
the Services following DNRA's posting of any changes
to this Agreement, the Service Options, or any policy
or guideline will constitute the Customer's acceptance
of such changes or modifications.
7. The Customer may change Service Options under the
Agreement with appropriate prior notice.
2 VIRUS PROTECTION SOFTWARE/ANTI SPAM SOFTWARE
2.1 A virus protection service (Virus Service)
is automatically activated for Customers holding EMAIL5,
HOST10, HOST20, HOST40 or HOST100 hosting plans with
DNRA (New Servers)
2.2 A spam filtering service (Spam Service)
is available upon election to Customers on New Servers.
2.3 The Virus Service and the Spam Service (together,
Spam/Virus Services: are not available to
Customers on hosting plans other than the New Servers.
(Old Servers) Customers who are on Old Servers
who wish to have access to either or both of the Virus
Service and Spam Service may request a priority transfer
by DNRA from the Old Server to a New Server
2.4 The Customer acknowledges that no anti-virus software
can guarantee to detect 100% of viruses and accepts
use of the Spam/Virus Services at its own risk.
2.5 DNRA reserves the right to remove attachments from
incoming email messages if there is any indication that
the attachment is, or might be, infected with a virus.
2.6 The Customer acknowledge that DNRA cannot and does
not warrant that the Spam/Virus Services installed on
DNRA's servers will detect all viruses present in e-mails
scanned by and transmitted via DNRA's servers.
2.7 DNRA makes no warranty that the Spam/Virus Services
will be error free or free from interruption of failure.
2.8 DNRA expressly disclaims any express or implied
warranty regarding system and/or the Spam/Virus Services
availability, accessibility, or performance.
2.9 The Spam/Virus Services provide a high level of
protection against viruses but the Customer acknowledges
and agrees that it is solely responsible for protecting
its property and email accounts from virus threats hacking
or website 'hijacking'.
2.10 DNRA offers no guarantee that the Spam/Virus Services
will capture all unwanted email sent to the Customer,
nor that all wanted email will be passed through the
filter.
2.11 The Customer acknowledges that some email may
be made unavailable when using the Spam/Virus Software,
and by requesting to use the filter the Customer assumes
all liability for any lost or altered email.
2.12 By choosing to use the Spam/Virus Software, the
Customer agrees to hold DNRA faultless for any damages
resulting from the use of the filtering service.
2.13 The software installed on DNRA's servers minimises
the risk of receiving SPAM and viruses through email
delivered via DNRAs servers only and does not
mean a computer will not be affected by a virus. DNRA
recommends that Customers also have Anti-virus programs
for extra protection for viruses that may arrive through
the Customers use of CD-ROM's, floppy disks and downloads.
2.14 The Customer waives any claims against DNRA in
connection with access to or use of the Spam/Virus Services
installed on DNRA's servers, including without limitation
any claims based upon the deletion, misdirection or
delay of emails and loss of, damage to, records or data.
Due to the volatile nature of the Internet and its offerings,
the accuracy of the performance of the Spam/Virus Services
is not guaranteed by the supplier of the Software, nor
is it guaranteed by DNRA.
2.15 Email transmitted from DNRA servers will not be
scanned by the Spam/Virus Services until the Customer
has indicated its willingness to utilise these services
by:
(a) activating the Spam/Virus Services via its web hosting
account Personal Control Panel; or
(b) sending an email to info@isolutionskenya.com requesting
that all email sent to its domain be scanned for viruses
by the Spam/Virus Services.
2.16 Use of the Spam/Virus Services is subject to the
Spam/Virus Service's Owner's terms and conditions located
at www.isolutionskenya.com
3 The Customer Content; Acceptable Use
3.1 Customer Content
3.1.1 The Customer hereby grants DNRA a limited, non-exclusive,
royalty-free, non-sublicensable license to host, reproduce,
transmit, cache, store, exhibit, publish, display, distribute,
perform, edit, adapt, modify, create derivative works
from, and otherwise use the Customer Content solely
as necessary to provide the Services for the Customer.
"Customer Content" means all materials, code,
data, text (whether or not perceptible by users), metatags,
multimedia information (including, but not limited to
sound, data, audio, video, graphics, photographs, or
artwork), the Customer Domain(s), e-mail, chat room
content, bulletin board postings, or any other items
or materials of the Customer or any third party that
are provided or permitted by the Customer to reside
on DNRA's Systems.
3.1.2 The Customer shall be solely responsible for
all Customer Content, including, without limitation,
any content or materials of a third party that the Customer
permits or enables to be posted onto or through DNRA's
Systems. Subject to the terms of this Agreement, the
Customer shall (a) be solely responsible for the creation,
posting, updating and maintenance of the Customer Content;
and (b) manage, renew, create, delete, edit, maintaining
and otherwise control the editorial content of the Customer
Content. DNRA will not be responsible for reviewing
the Customer Content prior to its posting by the Customer.
DNRA will not be responsible for keeping and maintaining
a current version of the Customer Content. The Customer
shall be entirely responsible for obtaining any insurance
in relation to any loss or damage caused to the Customer
Content, or any other of the Customer's data held in
DNRA's Systems.
3.1.3 The Customer is responsible for ensuring that
the Customer Content will be "server ready"
and otherwise remain fully compatible with DNRA's Systems
(including all software and operating systems). The
Customer acknowledges that it is responsible for having
the necessary knowledge and expertise to maintain the
Customer Content on DNRA's Systems. DNRA reserves the
right to remove any the Customer Content that is not
compatible with DNRA's Systems. Upon request from the
Customer, and at the Customer's sole expense, DNRA may
assist the Customer in resolving any compatibility problems
on a time and materials basis.
3.2 Acceptable Use
3.2.1 The Customer shall at all times adhere to all
applicable laws, rules and regulations and to DNRA'S
then current Acceptable Use Policy as set out herein
as Schedule A. Any breach of this Policy by the Customer
will entitle DNRA to elect to terminate this Agreement,
without notice to the Customer.
3.2.2 DNRA may inspect the Customer Content or investigate
any alleged violation of this Agreement, DNRA's policies
or any third-party complaints. DNRA will not access
or review the contents of any e-mail or other stored
electronic communications except as required or permitted
by applicable law or legal process. In the event that
DNRA determines in its sole and reasonable discretion
that any the Customer Content or conduct or actions
of the Customer (including its employees and users)
are objectionable, unlawful, potentially infringing
or otherwise violate this Agreement, the Acceptable
Use Policy, or other applicable policy, DNRA may take
any action that it deems appropriate and reasonable
under the circumstance to protect its systems, facilities,
the Customers and/or third parties. Such corrective
action includes, but is not limited to: (a) issuing
a warning; (b) immediately suspending or terminating
the Services; (c) restricting or prohibiting access
to any the Customer Content that is objectionable or
otherwise violates this Agreement or applicable policy;
and/or (d) disabling or removing hypertext links, the
Customer Content or the content of any third party from
DNRA's Systems. In the event DNRA takes corrective action,
DNRA shall not refund any fees paid in advance of such
corrective action. Without limiting the foregoing, it
is DNRA's policy to terminate its services for repeated
violations of DNRA's Acceptable Use Policy. The Customer
agrees that DNRA is not liable for any defamatory or
illegal content or any content contrary to DNRAS' Acceptable
Use Policy. The Customer warrants to indemnify DNRA
for any and all liability, damages, awards of costs
(on an indemnity basis or otherwise), legal costs (on
a solicitor-client basis) and disbursements (including
barristers' fees) arising by way of the provision of
DNRA's Services and Systems to the Customer resulting
in the perpetuation of any defamatory material, or the
infringement of any third parties' intellectual property
rights, or the breach of any other law of Australia
or elsewhere (as applicable) as a result of the Customer
Content.
3.2.3 To comply with applicable laws and lawful governmental
requests, to protect DNRA's Systems and DNRA's Customers,
or to ensure the integrity and operation of DNRA's business
and systems, DNRA may access and disclose any information
it considers necessary or appropriate, including, without
limitation, user profile information (ie. name, e-mail
address, etc.), IP addressing and traffic information,
usage history, and the Customer Content residing on
DNRA's Systems.
4 Fees and Payment Terms
4.1 The Customer agrees to pay to DNRA's then current
set up and service fees in accordance with the Service
Options and any and all costs and expenses incurred
by DNRA in connection with the Services provided to
the Customer by DNRA under this Agreement. For billing
purposes, the service start date will be the date of
the order. The Customer will be billed for (a) any setup
fees; and (b) the annual fee for the Services at the
rates and charges set out on the DNRA Web site at www.domainregistration.com.au.
Henceforth, the Customer will be sent a renewal notice
annually 30 days prior to the anniversary of the order.
If the renewal fee is not paid by the anniversary of
the order, the Services will be cancelled and the Customers
web content and MX records deleted without notice.
4.2 All fees shall be payable within 14 days of issue
of any invoice. All fees, including recurring fees,
will be charged to the Customer's credit card of record
unless other arrangements have been specifically approved
by DNRA at DNRA's sole discretion. For billing purposes,
fractions of units shall be rounded up. All charges
are considered valid unless disputed in writing within
30 days of the invoice date. The Customer agrees to
pay all dues with respect to the Services provided to
the Customer, other than taxes based on DNRAs
net income. The Customer's failure to fully pay any
fees and taxes on the applicable due date will be deemed
a breach of this Agreement, justifying DNRA's suspension
of its performance of the Services (including all e-mail
and the deletion of the Customer Content) and, in DNRA's
sole discretion, termination of this Agreement. Accounts
in default are subject to an interest charge on the
outstanding balance equal to the lesser of 10% per month
. Any termination by DNRA for the Customer's failure
to pay will not relieve the Customer from paying past
due fees plus interest. In the event of collection enforcement,
the Customer shall be liable for any costs associated
with such collection, including, but not limited to,
reasonable attorneys fees, court costs and collection
agency fees.
5 Term of Service
5.1 The Agreement shall remain in full force and effect
until terminated by either party. Either party may terminate
this Agreement for any reason by providing the other
party 7 days prior written notice; provided that, DNRA
may immediately terminate or suspend the Services and
this Agreement upon written notice for the Customer's
or its users' violation of the Acceptable Use Policy.
Upon any termination of this Agreement, DNRA will not
refund, and the Customer is not eligible for, any remaining
portion of any annual fee that already has been charged.
5.2 Should this Agreement be terminated for any reason,
DNRA will not be liable to the Customer because of such
termination for compensation, reimbursement or damages
on account of the loss of prospective profits, anticipated
sales, goodwill or on account of expenditures, investments,
leases or commitments in connection with the Customer's
business, or for any other reason whatsoever flowing
from such termination. The Customer is solely responsible
for procuring any new or replacement service upon termination.
Any termination of this Agreement shall not relieve
the Customer of any obligations to pay fees and costs
accrued prior to the termination date and any other
amounts owed by the Customer to DNRA as provided in
this Agreement. Upon termination of this Agreement,
the following sections shall survive and remain in effect
in accordance with their terms: Sections 5.2 and 6 to
11 inclusive.
6 Reservation of Rights
DNRA is the exclusive owner of and retains all right,
title and interest (including, but not limited to, all
copyrights, trademarks, patents, trade secrets, and
any other proprietary rights thereto (collectively,
"Proprietary Rights")) to all materials, including
but not limited to any computer software (in object
code and source code form), data or information developed
or provided by DNRA or its suppliers pursuant to this
Agreement, and any know-how, methodologies, equipment,
or processes used by DNRA to provide the Services to
the Customer. The Customer is the exclusive owner of
and retains all right, title and interest (including
all Proprietary Rights) to the Customer Content. Note
that DNRA does not guarantee retention of the Customer
Content beyond 30 days after termination.
7 Warranties and Representations
7.1 The Customer represents, warrants and covenants
to DNRA that: (a) the Customer Content or its use shall
not violate, misappropriate or infringe any Proprietary
Rights or any other personal, privacy or moral right
arising under the laws of any jurisdiction of any person
or entity, nor shall same constitute a libel or defamation
of any person or entity; (b) the Customer Content will
not contain any harmful components, including, but not
limited to, viruses, trap doors, hidden sequences, hot
keys, or time bombs; (c) the Customer has all right,
power and authority necessary to enter into this Agreement
and use the Customer Content as described herein; and
(d) the Customer shall comply with all applicable laws,
rules and regulations (including, but not limited to,
export control, decency, privacy and intellectual property
laws).
7.2 DNRA exercises no control over, and accepts no
responsibility for, third-party content of the information
passing through DNRA's System, network hubs and points
of presence, or the Internet. The Customer acknowledges
that DNRA's systems (including any software and any
other items used or provided by DNRA in connection with
any services hereunder) are provided as represented
at the execution of this Agreement. DNRA does not make
any representations or warranties of any kind, express
or implied, with respect to the performance of the services
(including the DNS services therein) or DNRA's systems,
including, but not limited to, any implied warranty
of merchantability, fitness for a particular purpose,
or non-infringement or any implied warranty arising
by usage of trade, course of dealing or course of performance.
DNRA makes no representations or warranties whatsoever
that the services and DNRA's systems will be uninterrupted,
always accessible, free of harmful components, accurate
or error-free.
8 Limitation of Liability
DNRA shall have no liability for any consequential,
exemplary, special, incidental, or punitive damages
even if DNRA has been advised of the possibility of
such damages. In no event shall DNRA have any liability
for unauthorised access to, or alteration, theft or
destruction of information distributed or made available
for distribution via the services through accident,
fraudulent means or devices (including , without limitation,
viruses, Trojan horses, worms, time bombs, cancelbots
or any other computer programming routines that may
damage, interfere with, surreptitiously intercept or
expropriate any system, program, data or personal information)
. The total liability of DNRA to the Customer for any
reason and upon any cause of action shall be limited
to the amount actually paid to DNRA by the Customer
under this Agreement during the 12 months immediately
preceding the date on which such claim arose. This limitation
applies to all causes of action in the aggregate, including,
but not limited to, breach of contract, breach of warranty,
negligence, strict liability, misrepresentations, and
other torts. The fees for the services set by DNRA hereunder
have been and will continue to be based upon this allocation
of risk.
The Customer will have access to a variety of third
party sources of content through the use of the Web
site and the Internet. DNRA has made no effort to verify
the accuracy of suitability of any information contained
in any such sources, including, without limitation,
any other web site that the Customer can link to from
the Web site. Accordingly DNRA has no liability or responsibility
whatsoever for any content provided by any other person
contained on or available through the Web site. The
Customer acknowledges and agrees that any access, use
or reliance on any such third party content is at the
Customer's own risk. The Customer acknowledges that,
except for information, products or services clearly
identified as being supplied by DNRA, DNRA does not
operate, control or endorse any information, products
or services of any other person on the Web site or the
Internet in any way. The Customer also acknowledges
and agrees that DNRA does not guarantee or warrant that
files available for downloading from the Web site or
through the Internet will be free of infection or viruses,
worms, Trojan horses or other malicious code that may
adversely effect the Customer, the Customer's computer
or computer systems or the customer's data or files.
9 Indemnification
The Customer will indemnify, hold harmless, and defend
DNRA and all employees, officers, directors and agents
of DNRA and any of its affiliates from and against any
and all claims, suits, actions, demands or proceedings
(whether threatened, asserted, or filed) and all related
damages, losses, liabilities, cost and expenses (including,
but not limited to, reasonable attorneys' fees) arising
out of or relating to: (a) any violation or breach by
the Customer of any term, representation or warranty,
or policy of this Agreement; (b) the Customer's unlawful
or improper use of the Services; (c) any damages caused
to DNRA's Systems by the Customer Content; (d) any actual
or alleged violation of any Proprietary Rights or non-proprietary
rights (including, but not limited to, defamation, libel,
rights of privacy or publicity) by the Customer Content.
10 ARCHIVING OF DATA
DNRA will archive the Customer's data onto backup mechanisms
on a regular basis for the purposes of disaster recovery.
In the event of equipment failure or data corruption,
DNRA will restore from the last known good archive.
In the event of corruption of all of DNRA's archives,
or in the event that an old archive is used to restore
data, the Customer should be prepared to upload its
data to its web site. DNRA will not be liable for incomplete,
out-of-date, corrupt or otherwise deficient Customer
data recovered from DNRA backups.
11 Miscellaneous
11.1 This Agreement is governed by the law applicable
in Terms and Services. The Customer and DNRA agree to
irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts.
11.2 The Customer agrees that, unless other instructions
are posted on DNRAs web site, any notices required
to be given under this Agreement will be deemed to have
been given if delivered by email or fax, or sent by
certified mail return receipt requested, in accordance
with the most current contact information the Customer
has provided to DNRA and the contact information for
DNRA posted on DNRAs web site. All notices shall
be effective upon receipt, except that email and fax
notices shall be effective upon transmission. Any failure
by the Customer to update the Customer's e-mail address
will not invalidate this provision. The Customer is
solely responsible for ensuring that its Customer's
contact details are current and correct, that its email
services is operational and that it checks its emails
regularly. The Customer must inform DNRA of any changes
to its contact details by email to info@isolutionskenya.com
as soon as possible. If DNRA sends an email to the Customer's
current email address as listed in the Customer's contact
details, the Customer is deemed to have received that
email and DNRA is not obliged to take any further action
to confirm that the Customer has received, opened and/or
read the email unless the Customer promptly notifies
DNRA that the email was not delivered to its email address.
If DNRA receives an automated email non-delivery notification
indicating that the Customer has not received the email
that DNRA has sent the Customer regarding the Services,
DNRA will use reasonable endeavours to attempt to contact
the Customer using the other contact details the Customer
submitted, including non-electronic means, but does
not guarantee that DNRA will be able to contact the
Customer.
11.5 Increased costs
(a) To the extent that any supply by DNRA under this
Agreement is input taxed (input tax supply), DNRA is
entitled to increase:
(i) any amount expressed as payable; and
(ii) anything else to be provided,
by the Customer for that input tax supply otherwise
under or in connection with this agreement (consideration
for the input tax supply) by:
(iii) such amount as DNRA determines in its discretion
is reasonably necessary for DNRA to recover from the
Customer (in addition to the consideration for the input
tax supply) the amount of the input tax credits in relation
to acquisitions made by DNRA and used by it wholly or
partly in making the input tax supply, to which DNRA
would have been entitled had the input tax supply been
a taxable supply by DNRA; or
(iv) such lesser amount as DNRA determines.
11.6 Waiver of any provision of or right under this
Agreement:
(a) must be in writing signed by the party entitled
to the benefit of that provision or right; and
(b) is effective only to the extent set out in any
written waiver.
11.7 In this agreement, except where the context otherwise
requires:
(a) the singular includes the plural and vice versa,
and a gender includes other genders;
(b) another grammatical form of a defined word or expression
has a corresponding meaning;
(c) a reference to a document or instrument includes
the document or instrument as novated, altered, supplemented
or replaced from time to time;
(d) a reference to $ is to US$ currency or Equivalent
to Kenya Shillings;
(e) a reference to time is to American standard time;
(f) a reference to a party is to a party to this agreement,
and a reference to a party to a document includes the
party's executors, administrators, successors and permitted
assigns and substitutes;
(g) a reference to a person includes a natural person,
partnership, body corporate, association, governmental
or local authority or agency or other entity;
(h) a reference to a statute, ordinance, code or other
law includes regulations and other instruments under
it and consolidations, amendments, re-enactments or
replacements of any of them;
(i) a word or expression defined in the Corporations
Act has the meaning given to it in the Corporations
Act;
(j) the meaning of general words is not limited by
specific examples introduced by including, for example
or similar expressions;
(k) any agreement, representation, warranty or indemnity
by two or more parties (including where two or more
persons are included in the same defined term) binds
them jointly and severally;
(l) any agreement, representation, warranty or indemnity
in favour of two or more parties (including where two
or more persons are included in the same defined term)
is for the benefit of them jointly and severally;
(m) a rule of construction does not apply to the disadvantage
of a party because the party was responsible for the
preparation of this agreement or any part of it; and
(n) if a day on or by which an obligation must be performed
or an event must occur is not a business day, the obligation
must be performed or the event must occur on or by the
next business day.
If the Customer has any questions relating to this
Agreement, it may contact DNRA at info@isolutionskenya.com.
DNRA reserves the right, but does not assume the obligation,
to investigate any violation of this Policy or misuse
of DNRA's Systems. As described in the Hosting Agreement,
DNRA reserves the right and has absolute discretion
to (a) enforce this Policy and the terms of the Hosting
Agreement and (b) remove or disable access, screen or
edit any Customer Content that violates these provisions
or is otherwise objectionable. Without limitation, DNRA
also reserves the right to report any activity (including
the disclosure of appropriate Customer information)
that it suspects violates any law or regulation to appropriate
law enforcement officials, regulators, or other appropriate
third parties. DNRA also may without limitation cooperate
with appropriate law enforcement agencies to assist
in the investigation and prosecution of any illegal
conduct or infringement of any third party's legal rights
by providing network and systems information related
to allegedly illegal, harmful, infringing or objectionable
content. DNRA reserves all rights to identify the Customer
by its IP address to third parties within the scope
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