Customer's Services account. Third Party Requests may include valid search warrants, court orders, or subpoenas, or any other request for which there is written consent from End Users permitting a disclosure. ii. Customer is responsible for responding to Third Party Requests via its own access to information. Customer will seek to obtain information required to respond to Third Party Requests and will contact RELAYTO only if it cannot obtain such information despite diligent efforts. iii. RELAYTO will make commercially reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify Customer of RELAYTO's receipt of a Third Party Request; (B) comply with Customer's commercially reasonable requests regarding its efforts to oppose a Third Party Request; and (C) provide Customer with information or tools required for Customer to respond to the Third Party Request (if Customer is otherwise unable to obtain the information). If Customer fails to promptly respond to any Third Party Request, then RELAYTO may, but will not be obligated to do so. 4. Suspension a. Of End User Accounts by RELAYTO. If an End User (i) violates this Agreement or (ii) uses the Services in a manner that RELAYTO reasonably believes will cause it liability, then RELAYTO may request that Customer suspend or terminate the applicable End User account. If Customer fails to promptly suspend or terminate the End User account, then RELAYTO may do so. b. Security Emergencies. Notwithstanding anything in this Agreement, if there is a Security Emergency then RELAYTO may automatically suspend use of the Services. RELAYTO will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency. "Security Emergency" means: (i) use of the Services that do or could disrupt the Services, other customers' use of the Services, or the infrastructure used to provide the Services and (ii) unauthorized third-party access to the Services. 5. Intellectual Property Rights a. Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant (i) RELAYTO any Intellectual Property Rights in Customer Data or (ii) Customer any Intellectual Property Rights in the Services or RELAYTO trademarks and brand features. "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights. b. Limited Permission. Customer grants RELAYTO only the limited rights that are reasonably necessary for RELAYTO to offer the Services (e.g., hosting Stored Data). This permission also extends to our affiliates and trusted third parties RELAYTO works with to offer the Services (e.g., payment provider used to process payment of fees) c. Suggestions. RELAYTO may, at its discretion and for any purpose, use, modify, and 5 of 53
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