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- General Terms
- Acceptable Use Policy
- Deletion of Customer Content
- Removal of Customer Content, Suspension of Service
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General Terms
NextRequest is an integrated web-based service, which assists customers in responding to records requests (the “Services”). The Service consists of a core web-based application and any optional modules which may be purchased by the Customer. The details of the Services subject to this Agreement are set forth in the Statement of Work (SOW).
With respect to the Services, CivicPlus maintains the level of security outlined in the NextRequest Security Policy (“Security Policy”).
Customer acknowledges that Customer has the legal right and authority to provide Customer Content to CivicPlus, and to make such Customer Content and Requester content publicly available through the Service.
An end user using the Services to make a public records request or to access or download publicly-available records (“Requester”) and all content created by the Requestor is subject to the CivicPlus Terms of Use.
Usage Data is information other than Customer Content or Requester content that is collected, directly or indirectly, from Customer or Requesters by or through the Service that specifically tracks the usage or performance of the Service, including information that incorporates or is derived from the processing, storage or transmission of information, data or content by or through the Service as well as any information, data or other content derived from CivicPlus or its service providers’ monitoring of Customer’s access to or use of the Service such as information reflecting the access or use of the Service by or on behalf of Customer or any Requester. All right, title, and interest in and to the Usage Data shall remain exclusively with CivicPlus. Usage Data shall be considered the Confidential Information of CivicPlus. CivicPlus will employ commercially reasonable measures to ensure that access to Usage Data is not provided to any third party unless such entity has a need to know in order for CivicPlus to perform its obligations under this Agreement. Notwithstanding anything else, Customer acknowledges and agrees that CivicPlus may: (a) use Usage Data as necessary to provide Services under this Agreement, including for purposes of billing and providing reports to Customer; and (b) use and disclose Usage Data provided that it is aggregated in a manner that does not identify Customer, Customer’s Users, or Requesters, and cannot be used to determine which portion of the aggregated data is related or attributable to Customer.
Unless expressly provided in the Order Form, CivicPlus is not responsible for registering or maintaining domain names or DNS; hardware or software not provided as part of the Service; integration between the Service and any other software or system (except for issues originating with the Service or its interfaces); or providing direct support to Requesters.
CivicPlus shall not be liable for any damages that arise due to Customer’s use of the Services or publication, processing, storage or transmission of any information in violation of any law. Customer represents and warrants that it has reviewed the Security Policy carefully and has made its own, independent determination whether the levels of privacy and security set forth in the Security Policy are sufficient for Customer’s use of the Service. Customer will not use the Service to process any information subject to the Health Insurance Portability and Accountability Act (“HIPAA”) without signing a Business Associations Agreement with CivicPlus. Customer agrees that if Customer uses the Service to process Sensitive Information, as defined below, any such use is at Customer’s own risk and CivicPlus will have no liability to Customer or any third party arising out of or relating to such use. Customer recognized that CivicPlus can be assessed fees, fines, and penalties (“Penalties”) by the overseeing agency due to Customer’s breach of this section. In the event Customer breaches its covenants in this section and NextRequest is assessed Penalties, Customer shall bear all responsibility for payment of such Penalties in an amount up to $100,000 per violation, per year. Customer will not disclose to CivicPlus or the Service any information that Customer is prohibited by any law or regulation from disclosing. “Sensitive Information” means Confidential Information such as financial data, personal data, individually identifiable information about children, individually identifiable health information, geolocation information about specific people, Social Security numbers, driver's license numbers, other confidential ID numbers, financial account numbers, credit or debit card numbers, personal identification numbers (PINs) or passwords, street addresses, phone numbers or other personal information.
Acceptable Use Policy
Customer shall not use the Service to:
- send or facilitate the sending of unsolicited bulk commercial email (spam) or inundating a target with communications requests so the target cannot effectively respond to legitimate traffic;
- send, upload, distribute, or transmit or store Prohibited Content, as defined below;
- distribute malware, including viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
- alter, disable, interfere with, disrupt, circumvent, or exploit vulnerabilities in any aspect of the Service or CivicPlus’s or third parties' other services or systems;
- monitor data or traffic on the Service without permission;
- forge TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route;
- infringe or misappropriate the Intellectual Property or privacy rights of any person;
- otherwise violate, or promote the violation of, any law or the legal rights of any person;
- impersonate another person;
- for any high-risk use where the failure of the Service could lead to death or serious bodily injury or any person or to physical or environmental damages, such as applications controlling transportation, medical systems, or weaponry systems;
- otherwise access or use the Service beyond the scope of the authorized purpose of the Services.
If the Customer becomes aware of any actual or threatened activity prohibited under this section, the Customer shall immediately take all reasonable measures to stop the activity, to mitigate its effects, and to notify CivicPlus. Customer is responsible for any act or omission of any Customer User. CivicPlus and its service providers may report any activity, including disclosing appropriate information if they suspect such activity violates any law or regulation.
“Prohibited Content” means content that:
- violates any third party's rights, including privacy or Intellectual Property rights;
- is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate-related, violent, harmful to minors;
- advocates racial or ethnic intolerance;
- is intended to advocate or advance computer hacking or cracking; gambling; other illegal activity; drug paraphernalia; phishing; malicious content; and other material, products, or services that violate or encourage conduct that would violate any laws or third-party rights.
Deletion of Customer Content
The Service enables Customer to delete Customer Content for purposes of adhering to Customer’s document retention or other policies, or any applicable law. When Customer deletes Customer Content (“Deleted Content”), such Customer Content is removed from databases accessible to Customer, Requester, and/or the general public so that Customer no longer has access to Deleted Content.
However, copies and backups of Deleted Content may continue to be stored on CivicPlus or its Service Providers’ servers. Customer acknowledges and agrees that after deletion, under no circumstances will CivicPlus provide Customer with copies of Deleted Content. CivicPlus may provide Deleted Content to third parties as required by law or court order and will notify Customer to the extent allowed by applicable law.
Removal of Customer Content, Suspension of Service
- CivicPlus reserves the right to remove or prohibit any Customer Content or Requester content that CivicPlus determines in its sole discretion violates applicable law, the Terms of Use, or the Acceptable Use Policy.
- CivicPlus may suspend or terminate Customer’s use of the Services if CivicPlus reasonably believes in its sole discretion that: (a) it is required to do so by law or a regulatory or government body, or doing so is necessary to protect the rights of CivicPlus, its Service Providers, a Requester, or its other Customers; (b) Customer has failed to comply with any material term of this Agreement, including the Acceptable Use Policy; (c) Customer’s use violates applicable law or third-party rights; or (d) this Agreement expires or is terminated. In the event that Customer’s use of the Services is suspended or terminated pursuant to this section, Customer shall be entitled as its sole remedy (and CivicPlus sole obligation) to a proportionate refund of any prepaid unused Fees from the date of suspension or termination.
- Notwithstanding the foregoing and for the avoidance of doubt, CivicPlus shall have no obligation to monitor, filter, or disable access to any Customer Content or Requester content.
- If CivicPlus or a service provider elects to remove Customer Content or suspend the Services, to the extent possible and permitted by applicable law, CivicPlus will give Customer advance notice of at least one (1) Business Day and will use commercially reasonable efforts to provide removed Customer Content to Customer to maintain Customer’s business process continuity.
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