ODOO CONSULTANTS JAKARTA HOSTING TERMS OF SERVICE
This agreement between PT DEVINCI GROUP INDONESIA, and you (“You”, “Your” or “Customer”) consists of (a) these Terms of Service, (b) the Additional Terms (as defined below) and (c) any Order Form (as defined below), if applicable (collectively, this “Agreement”). This Agreement governs Your use of the ODOO CONSULTANTS HOSTING Services (as defined below).
BY EXECUTING AN ORDER FORM, CREATING AN ACCOUNT (AS DEFINED BELOW), USING ODOO CONSULTANTS HOSTING SERVICES OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND ARE BOUND BY THIS AGREEMENT, AND YOU HEREBY AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL ENTERING INTO THISAGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT TO PT DEVINCI GROUP INDONESIA THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF CUSTOMER AND BIND CUSTOMER TO THE TERMS AND CONDITIONSCONTAINED IN THIS AGREEMENT, IN WHICH CASE, THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT OR ARE NOT AN AUTHORIZED AGENT FOR CUSTOMER, DO NOT EXECUTE AN ORDER FORM, CREATE AN ACCOUNT OR OTHERWISE USE THE ODOO CONSULTANTS HOSTING SERVICES.
Customer may gain access to the ODOO CONSULTANTS HOSTING Services by (a) executing an Order Form or (b) creating an online account which includes and requires clicking a box indicating Customer’s acceptance of this Agreement. If Customer elects to purchase access to the ODOO CONSULTANTS HOSTING Services through Customer’s Account, Customer shall need to accept ths present terms and conditions.
PT DEVINCI GROUP INDONESIA reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement (including the Additional Terms) and to impose new or additional rules, policies, terms, or conditions on Your use of the ODOO CONSULTANTS HOSTING Services. PT DEVINCI GROUP INDONESIA will communicate changes to this Agreement by posting the new version of the Agreement on its website at https://www.odoo-consultants.com/hosting-terms-and-conditions/ or as otherwise determined by PT DEVINCI GROUP INDONESIA in its sole discretion, at which time such updated Agreement will be immediately effective. Your continued use of any PT DEVINCI GROUP INDONESIA Services after such notification of changes to this Agreement will constitute Your acceptance of any and all such changes. Notwithstanding the foregoing, PT DEVINCI GROUP INDONESIA will notify You of any material, detrimental change to this Agreement.
b. “Applicable Law” means all applicable laws, regulations, ordinances, rules, codes and orders of governmental authorities having jurisdiction over PT DEVINCI GROUP INDONESIA and Customer.
c. “Documentation” means written, published information accessible online and updated from time to time.
d. “Infringement Claim” means any third party claim that the use by Customer solely of the PT DEVINCI GROUP INDONESIA Services, as used as contemplated in this Agreement, infringes any patent, trademark or copyright of a third party, or misappropriates a trade secret (but only to the extent that the misappropriation is not a result of Customer’s actions) under the laws of Indonesia.
e. “Intellectual Property Rights” means copyrights (including, without limitation, the exclusive right to use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), trademark rights (including, without limitation, trade names, trademarks, service marks, and trade dress), patent rights (including, without limitation, the exclusive right to make, use and sell), trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the law of Indonesia.
f. “Login Credentials” means any user IDs, passwords, authentication keys or security credentials that enable Customer’s access to and management of the PT DEVINCI GROUP INDONESIA Services.
g. “Order Form” means a written ordering document executed by an authorized representative of each of PT DEVINCI GROUP INDONESIA and Customer that incorporates these Terms of Service by reference. The Order Form will specify the PT DEVINCI GROUP INDONESIA Services that Customer is purchasing, payment obligations related thereto and the duration of the Service Term.
h. “ Partner” means a third party reseller or distributor authorized by PT DEVINCI GROUP INDONESIA to sell PT DEVINCI GROUP INDONESIA Services.
i. “PT DEVINCI GROUP INDONESIA Services” means ODOO CONSULTANTS JAKARTA HOSTINGs services.
j. “Services Descriptions” means the descriptions of the PT DEVINCI GROUP INDONESIA Services.
k. “Service Term” means the Initial Service Term (as defined below).
l. “Support” means the support services provided by or on behalf of PT DEVINCI GROUP INDONESIA for the applicable PT DEVINCI GROUP INDONESIA Services purchased by Customer pursuant to an Order Form or through Customer’s Account, which are described in the Support Policies.
m. “Support Policies” means the statement of support, service level agreements and any other support policies for PT DEVINCI GROUP INDONESIA Services.
n. “Third Party Product” means any non-ODOO CONSULTANTS JAKARTA-branded products and services (including hardware) and non-PT DEVINCI GROUP INDONESIA-licensed software products.
o. “Updates” means any updates, enhancements, modifications, improvements, patches and/or upgrades to any PT DEVINCI GROUP INDONESIA Services that PT DEVINCI GROUP INDONESIA generally makes available to its customers for no additional charge.
p. “Usage Data” means any and all information reflecting the access or use of the PT DEVINCI GROUP INDONESIA Services by or on behalf of Users, including, but not limited to, visit-, session-, or stream-data and any statistical or other analysis, information or data based on or derived from any of the foregoing.
q. “User Data” means all applications, files, data, information or other content uploaded to or published, displayed or backed up through the PT DEVINCI GROUP INDONESIA Services by Customers, Users or PT DEVINCI GROUP INDONESIA (when acting upon Customer’s instructions as part of a PT DEVINCI GROUP INDONESIA Service), excluding Usage Data.
r. “Users” means any users that access Your Content or that use the PT DEVINCI GROUP INDONESIA Services under Customer’s Login Credentials.
2. ACCESS TO SERVICES.
a. EVALUATION. If you access the PT DEVINCI GROUP INDONESIA Services on an evaluation or beta basis (the “Evaluation Service”), then you may use the Evaluation Service only for evaluation purposes and for a period of thirty (30) days, beginning on the date PT DEVINCI GROUP INDONESIA provides Customer with Login Credentials, unless otherwise specified in writing by PT DEVINCI GROUP INDONESIA (the “Evaluation Period”). Notwithstanding any other provision of this Agreement, PT DEVINCI GROUP INDONESIA provides the Evaluation Service (i) free of charge and without support and (ii) “AS IS” without indemnification or warranty of any kind but without prejudice to the statutory rights of consumers. The Support Policies do not apply to the Evaluation Service. Also, certain features or services described in the PT DEVINCI GROUP INDONESIA Services Descriptions may not be available for the Evaluation Service. Continued use of the PT DEVINCI GROUP INDONESIA Services after the Evaluation Period requires that Customer (A) register for the applicable PT DEVINCI GROUP INDONESIA Services through Customer’s Account or by executing an Order Form and (B) submit the applicable payment. Upon expiration of the Evaluation Period, you will not have access to the Evaluation Service or to any User Data therein.
b. ACCESS TO SERVICES. Customer may access and use the PT DEVINCI GROUP INDONESIA Services for which it has registered (via an Order Form or through Customer’s Account) solely for its own benefit and only in accordance with this Agreement. As a condition to using the PT DEVINCI GROUP INDONESIA Services, Customer must set up an authorized Account with Login Credentials. Customer will provide accurate and complete information in its Account and will update its information as necessary to keep it current. Customer may manage its Account through the ODOO CONSULTANTS JAKARTA HOSTING portal available at. https://hosting.odoo-consultants.com. Customer is solely responsible for the security of its and its Users’ Login Credentials.. Customer will ensure that its Users do not share Login Credentials with others. Customer is responsible for any use that occurs under its Login Credentials, including any activities by Users. If Customer believes an unauthorized person has gained access to Login Credentials, Customer will notify PT DEVINCI GROUP INDONESIA as soon as possible by contacting Customer Support via chat, phone or by email directed at [email protected] Customer will ensure that Users comply with all terms and conditions of this Agreement and Customer remains responsible and liable for the acts and omissions of the Users. If Customer becomes aware of any violation by any User, Customer will immediately terminate that User’s access to User Data.
c. SUPPORT. Subject to the terms and conditions of this Agreement, PT DEVINCI GROUP INDONESIA will provide support to Customer for the PT DEVINCI GROUP INDONESIA Services in accordance with the then applicable Support Policy. Customer acknowledges that PT DEVINCI GROUP INDONESIA is not responsible for technical issues that cannot be identified as being primarily caused by the PT DEVINCI GROUP INDONESIA Services.’
a. PURCHASES. Customer may purchase the right to access and use the PT DEVINCI GROUP INDONESIA Services by executing an Order Form or registering for the applicable PT DEVINCI GROUP INDONESIA Services through Customer’s Account. Purchase of the PT DEVINCI GROUP INDONESIA Services includes access to any applicable Support during the Service Term.
b. PURCHASE ORDER. Customer must issue a purchase order to PT DEVINCI GROUP INDONESIA or its reseller, as applicable, within five (5) business days from the Effective Date of any PT DEVINCI GROUP INDONESIA Order Form, or PT DEVINCI GROUP INDONESIA shall have the option to cancel the Order Form and its terms shall be null and void. Any additional or conflicting terms contained in any Customer purchase order, proposal or other document shall be deemed to be rejected by PT DEVINCI GROUP INDONESIA without need of further notice of objection, even if such document is acknowledged or accepted by PT DEVINCI GROUP INDONESIA, and regardless of any statement to the contrary which may be contained therein, and shall be of no effect or in any way binding upon PT DEVINCI GROUP INDONESIA.
c. PAYMENT TERMS. Customer agrees to purchase the right to access and use the PT DEVINCI GROUP INDONESIA Services for the prices set forth in the Order Form or, if an Order Form is not executed, as set forth in the PT DEVINCI GROUP INDONESIA Services Descriptions (“Fees”). If Customer purchases through a PT DEVINCI GROUP INDONESIA Partner, all fees and other procurement and delivery terms will be agreed between Customer and the applicable PT DEVINCI GROUP INDONESIA Partner. Customer will pay all invoices issued by PT DEVINCI GROUP INDONESIA within thirty (30) days of the date of the invoice or as otherwise set forth in an applicable Order Form. Except as otherwise provided in this Agreement or as otherwise provided by Applicable Law, all Fees are non-cancelable and non-refundable. Unless otherwise set forth in an Order Form or in the PT DEVINCI GROUP INDONESIA Services Descriptions, all monthly or prepaid Fees will be due in advance and all Fees based on actual metered usage of an PT DEVINCI GROUP INDONESIA Service will be due in arrears. If any payment is more than fifteen (15) days late (including if payment is late due to a credit card chargeback or insufficient funds), PT DEVINCI GROUP INDONESIA may, without limiting any remedies available to PT DEVINCI GROUP INDONESIA: (i) terminate this Agreement and/or any applicable Order Form; or (ii) suspend performance of or access to the applicable PT DEVINCI GROUP INDONESIA Services, until payment is made current. Customer will pay interest on all delinquent amounts at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law. All Fees are exclusive of all sales, use, excise, value added, withholding and other taxes, and all customs duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the PT DEVINCI GROUP INDONESIA Services will be paid by Customer. PT DEVINCI GROUP INDONESIA reserves the right to increase Fees at any time, although increases in Fees for PT DEVINCI GROUP INDONESIA Services will not go into effect until the next renewal of the Service Term. EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PT DEVINCI GROUP INDONESIA IS NOT OBLIGATED TO REFUND ANY FEES OR OTHER PAYMENTS ALREADY PAID, AND ANY CANCELLATION BY CUSTOMER WILL TAKE PLACE AT THE END OF THE APPLICABLE SERVICE TERM.
d. PAYMENT METHOD. Customer will pay PT DEVINCI GROUP INDONESIA in accordance with the payment method identified in an Order Form or as established in Customer’s Account, as applicable. Payment method options may include payment (i) by credit card, (ii) through an online account through a third-party provider, such as DOKU, or (iii) via ATM transfer. By providing any such credit card, online account, Customer authorizes PT DEVINCI GROUP INDONESIA to automatically charge or debit the selected payment method for the full amount due on a recurring basis (if applicable) until Customer notifies PT DEVINCI GROUP INDONESIA in writing or Customer updates Customer’s Account with an alternative, authorized payment method. Customer will provide true, complete and accurate information with respect to the applicable method of payment and agrees to promptly contact PT DEVINCI GROUP INDONESIA and to otherwise update Customer’s Account if any such information needs to be updated. Customer will ensure that Customer has sufficient funds or credit (as applicable) associated with the selected method of payment. Customer understands that the amounts charged or debited may vary and that this authorization will remain in effect until the expiration or termination of this Agreement. If an ACH payment is returned from the applicable bank account for insufficient or uncollected funds or for erroneous information, PT DEVINCI GROUP INDONESIA may reinitiate the returned ACH debit to the applicable bank account. Any amounts owed to PT DEVINCI GROUP INDONESIA that cannot be collected by ACH debit may be charged to any backup credit card on file for Customer.
e. CONSUMER POLICY. If You are a consumer based in the EU, You have the right to cancel this Agreement within fourteen (14) calendar days of the date on which You requested the Services, without giving any reason. To exercise Your right to cancel, You must notify PT DEVINCI GROUP INDONESIA of Your decision to cancel this Agreement by contacting Customer Support via PT DEVINCI GROUP INDONESIA. To meet the fourteen (14) day deadline provided above, it is sufficient for You to send Your notification concerning the exercise of the right to cancel before the cancellation period has expired. If You cancel the Agreement, we will reimburse to You all payments received from You without undue delay and not later than fourteen (14) days from the day on which we are informed about Your decision to cancel the Agreement. We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement. If You are a consumer based in the EU and You have agreed to the Services commencing immediately, You will be required to pay a pro-rated amount of the Fees applicable to the Services You have requested based on the initial Fees You have paid for the Services and the date on which You exercise Your statutory right to cancel the Agreement.
As used in this Agreement, “Confidential Information” means, subject to the exceptions set forth in the following sentence, any information or data, regardless of whether it is in tangible form, disclosed by either PT DEVINCI GROUP INDONESIA or Customer (the “Disclosing Party”) that the Disclosing Party has either marked as confidential or proprietary, or has identified in writing as confidential or proprietary within thirty (30) days of disclosure to the other party (the “Receiving Party”); provided, however, that a Disclosing Party’s business plans, strategies, technology, research and development, current and prospective customers, billing records, and products or services will be deemed Confidential Information of the Disclosing Party even if not so marked or identified. PT DEVINCI GROUP INDONESIA’s Confidential Information includes, without limitation, the PT DEVINCI GROUP INDONESIA Services, any information related thereto and the Login Credentials. Information will not be deemed Confidential Information if such information: (a) is known to the Receiving Party prior to receipt from the Disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (b) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (c) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; or (d) is developed independently by the Receiving Party without use of any Confidential Information of the Disclosing Party. Each party agrees that it will use the Confidential Information of the other party solely to perform its obligations or exercise its rights under this Agreement. Neither PT DEVINCI GROUP INDONESIA nor Customer will disclose, or permit to be disclosed, the other party’s Confidential Information directly or indirectly, to any third party without the other party’s prior written consent. Both PT DEVINCI GROUP INDONESIA and Customer will use commercially reasonable measures to protect the confidentiality and value of the other party’s Confidential Information. Notwithstanding any provision of this Agreement, either party may disclose the other party’s Confidential Information, in whole or in part: (i) to its employees, officers, directors, consultants and professional advisers (e.g., attorneys, auditors, financial advisors, accountants and other professional representatives) who have a need to know and are legally bound to keep such Confidential Information confidential by confidentiality obligations or, in the case of professional advisors, are bound by ethical duties to keep such Confidential Information confidential consistent with the terms of this Agreement; and (ii) as required by Applicable Law (in which case each party will, if permitted by Applicable Law, provide the other with prior written notification thereof, will provide such party with the opportunity to contest such disclosure, and will use its reasonable efforts to minimize such disclosure to the extent permitted by Applicable Law). Both PT DEVINCI GROUP INDONESIA and Customer agree to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. In the event of actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Both PT DEVINCI GROUP INDONESIA and Customer will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Agreement.
5. INTELLECTUAL PROPERTY.
a. OWNERSHIP. This Agreement contains a limited right to access and use the PT DEVINCI GROUP INDONESIA Services during a Service Term, not a transfer of title to the PT DEVINCI GROUP INDONESIA Services. All Intellectual Property Rights in the PT DEVINCI GROUP INDONESIA Services belong exclusively to PT DEVINCI GROUP INDONESIA and its licensors. Customer is granted no licenses of any kind to any Intellectual Property Rights other than as expressly granted herein. Customer will not do, or cause to be done, any acts or things contesting or in any way impairing or tending to impair any portion of the right, title and interest of PT DEVINCI GROUP INDONESIA in and to the Intellectual Property Rights. Customer will not delete or in any manner alter the copyright, trademark, or other proprietary rights notices or markings that appear on the PT DEVINCI GROUP INDONESIA Services as delivered to Customer. Except as expressly authorized in this Agreement, you will not make any copies or duplicates of any PT DEVINCI GROUP INDONESIA Services without the prior written permission of PT DEVINCI GROUP INDONESIA. To the extent Customer provides any suggestions, comments or other feedback related to the PT DEVINCI GROUP INDONESIA Services to PT DEVINCI GROUP INDONESIA or its authorized third party agent(s) (“Feedback”), Customer hereby grants PT DEVINCI GROUP INDONESIA a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable, transferable license to copy, display, distribute, perform, modify and otherwise use such Feedback or subject matter thereof in any way and without limitation.
b. RESTRICTIONS. Except as otherwise expressly provided under this Agreement, Customer will have no right, and Customer specifically agrees not to: (i) transfer, assign, sublicense or resell the PT DEVINCI GROUP INDONESIA Services to another person or entity, and Customer acknowledges that any attempted transfer, assignment, sublicense or resale will be void; (ii) make error corrections to, or otherwise modify or adapt, the PT DEVINCI GROUP INDONESIA Services or create derivative works based upon the PT DEVINCI GROUP INDONESIA Services, or permit third parties to do the same; (iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the PT DEVINCI GROUP INDONESIA Services to human-readable form, except to the extent otherwise expressly permitted under Applicable Law notwithstanding this restriction; (iv) disclose, provide or otherwise make available trade secrets contained within the PT DEVINCI GROUP INDONESIA Services in any form, to any third party without the prior written consent of PT DEVINCI GROUP INDONESIA; or (vi) use or access the PT DEVINCI GROUP INDONESIA Services (A) to develop any software application or similar products and services, (B) to spam or distribute malware, (C) in a way that could harm the PT DEVINCI GROUP INDONESIA Services or impair anyone else’s use of it, (D) in a way intended to work around the PT DEVINCI GROUP INDONESIA Services’ technical limitations, recurring fees or usage limits, (E) to violate any rights of others, (F) to try to gain unauthorized access to, test the vulnerability of, or disrupt the PT DEVINCI GROUP INDONESIA Services or any other service, device, data account or network or (G) in any application or situation where failure of the PT DEVINCI GROUP INDONESIA Services could lead to the death or serious bodily injury of any person or to severe physical or environmental damage.
6. DATA SECURITY.
a. MONITORING. PT DEVINCI GROUP INDONESIA has the right to verify Your compliance with this Agreement. If PT DEVINCI GROUP INDONESIA contacts Customer to verify compliance, Customer will provide information or other materials reasonably requested to assist in the verification. PT DEVINCI GROUP INDONESIA may monitor the overall performance and stability of the infrastructure of the PT DEVINCI GROUP INDONESIA Services. Customer may not block or interfere with that monitoring. If PT DEVINCI GROUP INDONESIA reasonably believes a problem with the PT DEVINCI GROUP INDONESIA Services may be attributable to User Data or Customer’s use of the PT DEVINCI GROUP INDONESIA Services, Customer will cooperate with PT DEVINCI GROUP INDONESIA to identify the source of and resolve that problem.
b. PROTECTED INFORMATION. You represent and warrant that You will not submit any unencrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (45 CFR 160.103), or any unencrypted personally identifiable information subject to regulatory protection under Applicable Law (collectively “Unencrypted Protected Information”) to PT DEVINCI GROUP INDONESIA, whether as part of the PT DEVINCI GROUP INDONESIA Services or otherwise. You represent and warrant that You will not submit any encrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (45 CFR 160.103), or any encrypted personally identifiable information subject to regulatory protection under Applicable Law (collectively “Encrypted Protected Information”) to PT DEVINCI GROUP INDONESIA, whether as part of the PT DEVINCI GROUP INDONESIA Services or otherwise, unless we have entered into a Business Associate Agreement (“BAA”). In the event You will submit encrypted Protected Information in conjunction with Your use of the PT DEVINCI GROUP INDONESIA Services, You must contact PT DEVINCI GROUP INDONESIA at [email protected] to request a BAA. Notwithstanding anything to the contrary in this Agreement, You recognize and agree that PT DEVINCI GROUP INDONESIA will have no liability whatsoever under this Agreement or otherwise for any Unencrypted Protected Information or Encrypted Protected Information You provide in violation of this Section, and You agree to fully indemnify and hold harmless PT DEVINCI GROUP INDONESIA from any third party claims resulting from a violation or alleged violation of this Section.
7. USER DATA.
a. USER DATA RIGHTS. As between Customer and PT DEVINCI GROUP INDONESIA, Customer retains all right, title, and interest in the User Data, except for the limited license expressly granted by Customer to PT DEVINCI GROUP INDONESIA in this Section 7. Customer hereby grants to PT DEVINCI GROUP INDONESIA a royalty-free, fully paid up, worldwide, sublicenseable, non-transferable (except as set forth in Section 19(j)) right and license to copy, display, distribute, modify and otherwise use the User Data, solely as necessary to provide the PT DEVINCI GROUP INDONESIA Services to Customer. Customer further acknowledges that PT DEVINCI GROUP INDONESIA may collect Usage Data and may aggregate and/or anonymize Usage Data to use for statistical purposes and share samples of such aggregated and/or anonymized Usage Data with other third parties. (For German customers only: If Customer is from Germany, PT DEVINCI GROUP INDONESIA may only collect and aggregate anonymized Usage Data to use for statistical purposes and share samples of such aggregated and anonymized Usage Data with other third parties.)
b. CUSTOMER REPRESENTATIONS AND OBLIGATIONS. Customer will only use the PT DEVINCI GROUP INDONESIA Services with User Data to which it has full right, title or license. Customer represents, warrants and covenants that its use of the PT DEVINCI GROUP INDONESIA Services and related backup to and storage of User Data complies and will comply with all Applicable Laws, including those relate to data privacy, data security, international communication and the exportation of technical, personal or sensitive data. Customer will not, and will take commercially reasonable steps to ensure that each User does not, post content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to anyone; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is illegal, unlawful, harmful, abusive, pornographic, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; or (v) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. Customer represents and warrants that the User Data does not and will not violate any third-party rights, including any Intellectual Property Rights, and rights of publicity and privacy. If Customer becomes aware that any of the User Data or any User’s access to or use of the User Data violates this Agreement, Customer will take immediate action to remove the applicable part of User Data or suspend the User’s access. Customer will ensure that Customer’s use of the PT DEVINCI GROUP INDONESIA Services complies at all times with Customer’s privacy policies and all Applicable Laws, including any encryption requirements. Customer is solely responsible for User Data. Except as provided in the Data Privacy Addendum, Customer is responsible for protecting the security of User Data, including any access to User Data that Customer provides to its employees, customers or other third parties, and when it is in transit to and from the PT DEVINCI GROUP INDONESIA Services. Customer must take and maintain commercially reasonable steps regarding the security, protection and backup of User Data, which might include the use of encryption technology to protect User Data from unauthorized access. Customer is responsible for providing any necessary notices to Users and for obtaining any legally-required consents from Users concerning their use of the PT DEVINCI GROUP INDONESIA Services. Customer is responsible for any losses or other consequences arising from Customer’s failure to encrypt or back up User Data. Customer will have and maintain appropriate policies and procedures for cybersecurity and to ensure compliance with its regulatory or legal obligations.
c. DIGITAL MILLENIUM COPYRIGHT ACT. PT DEVINCI GROUP INDONESIA respects the intellectual property rights of others, and we require our Customers to do the same. If you believe your copyright is being infringed by content on the PT DEVINCI GROUP INDONESIA network, please submit a notice of infringement at [email protected]