The Customer’s use of the Accessibility Compliance and Web Governance Services on Customer's proprietary designated website(s) is subject to the agreed quantities as specified in the applicable Statement of Work (SOW) (the “Limits”). If the Customer exceeds the Limits, CivicPlus will notify the Customer of such excess use and discuss appropriate upgrades in the Services procured hereunder.
Customer acknowledges that the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Customer acknowledges further that any reliance on the Services is at Customer’s own risk.
The Services are intended to be used to scan only the Customer’s designated public-facing web pages. For the avoidance of doubt, in no event shall the Customer utilize the Services to scan private areas of the Customer’s websites, such as those areas that are password protected or contain private information about the Customer and/or its users, employees, contractors, officers, directors, and/or other agents. The Services may not be run on any websites that contain sensitive information or special categories of personal data, e.g., as defined in the applicable data privacy laws or information subject to heightened regulations (e.g., HIPAA, or FERPA). In the event the Customer so utilizes the Services in such a manner, the Customer agrees and acknowledges that CivicPlus, its licensor and its affiliates shall not be held liable for any damages arising from or related to the same, including but not limited to damages that may arise related to the failure to comply with data protection rules and regulations. The Customer shall utilize the Services to scan only those URLs and domains belonging to the Customer and/or for which the Customer has a license to operate and manage the same. In no event shall the Services be used to scan URLs and domains outside of the Customer’s control or otherwise in bad faith.
As between the parties, with respect to obligations to consumers under the California Consumer Privacy Act (“CCPA”), where applicable, the Customer is a “business” and CivicPlus is a “Service Provider” (as such terms are defined in the CCPA) and each party will be responsible for its respective obligations under the CCPA, as applicable to the applicable SOW and the Master Services Agreement (MSA). The Services are designed and developed to collect and process Customer’s website content and certain operational data in relation thereto. Any personal data processed by CivicPlus when performing the Services is processed according to the Customer’s instructions and on its behalf.
The Customer can grant access to an unlimited number of permitted users within its own organization (each an “Authorized User,”) to find and solve issues and make improvements related to Quality Assurance (“QA”), Search Engine Optimization (“SEO”), and Web Governance.
The Customer shall be given the opportunity to register via an online registration form to create an account, (hereinafter the Customer’s “Account,”) that will allow the Customer and Customer’s Authorized Users to receive information from CivicPlus and/or to participate in certain features of the Services. CivicPlus will use the information the Customer provides in accordance with CivicPlus’s Privacy Policy. The Customer represents and warrants that all information the Customer provides on the registration form is current, complete, and accurate to the best of the Customer’s knowledge. The Customer agrees to maintain and promptly update the Customer’s registration information so that it remains current, complete, and accurate. During the registration process, the Customer may be required to choose a password. The Customer acknowledges and agrees that CivicPlus may rely on this password to identify the Customer. The Customer is responsible for all use of the Customer’s Account as well as any action taken thereunder by an Authorized User of the Customer, regardless of whether the Customer authorized such access or use, and for ensuring that all use of the Customer’s Account complies fully with the provisions of these terms.
Customer shall: (i) access and use the Services in accordance with these Solution and Services Terms, the MSA, applicable laws and government regulations and the CivicPlus Terms of Use incorporated herein by reference, (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify CivicPlus promptly of any such unauthorized access or use, and (iii) take commercially reasonable steps necessary to ensure the security and compliance of the Customer Applications.
The Customer shall not have more than one (1) Account and shall not sell, trade, or transfer that Account to any other person or entity. CivicPlus shall have the right to monitor the Customer’s Account in CivicPlus’s sole and exclusive discretion.
The Customer shall ensure that any of the Customer’s websites are compatible with CivicPlus’s tools. If the Customer is using an AJAX application, the AJAX application must be designed to allow a crawler to access its content. The Customer must use a current version of a major internet browser (e.g. Firefox, Chrome, Safari, Internet Explorer, Edge, or some similar, well-known browser.) Regardless of the web browser or coding language used, the Customer shall ensure that the CivicPlus’s crawler is not blocked by any of the Customer’s technology.
Customer's use of the Services includes the right to access all functionality available in the Services during the Term. So long as CivicPlus and its licensor do not materially degrade the functionality, as described in the Monsido Documentation, provided here: https://help.monsido.com/en/, of the Services during the term of the applicable SOW (i) CivicPlus, and its licensor, may modify the systems and environment used to provide the Services to reflect changes in technology, industry practices and patterns of system use, and (ii) update the Documentation accordingly. Subsequent updates, upgrades, enhancements to the Services made generally available to all subscribing customers will be made available to Customer at no additional charge, but the purchase of Services is not contingent on the delivery of any future functionality or features.
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