4.1. Our Responsibilities. We shall: (i) provide to You Our Basic Support for the Services at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week except for: (a) planned downtime (of which We shall endeavor to provide prior notice). We shall use commercially reasonable best effort to ensure that such downtime interference to the Services will be as minimal as possible, whereby You acknowledge that We have no control for any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays. You also acknowledge that We provide the Applications and Services only in accordance with applicable laws and government regulations. We will endeavor to extend Basic Support to cover the use of Third Party Systems, but You acknowledge that We are dependent on the performance of such Third Parties and cannot be held accountable for their actions and performance.
4.2. Your Responsibilities. You shall (i) be responsible for compliance with this Agreement, (ii) be responsible for the accuracy, quality, integrity and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services, and notify Us promptly of any such unauthorized access or use, (iv) be responsible for maintaining the security of the User names and passwords of Your Users using the Application or Service and notify Us promptly of any breach of security known or suspected by You, (v) use the Services only in accordance with applicable laws and government regulations, and (vi) be responsible for all activity under Your Account, including the activity of other Users who have been added to Your Account by You or by another User of the Account. You shall not (a) sell, resell, rent or lease the Services without a separate written valid agreement, (b) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of Third Party privacy rights (including any materials which are illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others, harms or threatens the safety of others or may otherwise constitute a breach of any applicable law), (c) use the Services to store or transmit Malicious Code, (d) interfere with or disrupt the integrity or performance of the Services or Third Party data contained therein, or (e) attempt to gain unauthorized access to the Services or their related systems or networks.
4.3. Protection of Your Data. Without limiting the above, We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data, in as far as that Data is within our perusal and access. We shall not (a) modify Your Data unless otherwise required in order to provide the Services, (b) disclose Your Data except as compelled by law or as expressly permitted in writing by You, or (c) access Your Data except to provide the Services or prevent or address service or technical problems, or at Your request in connection with customer support matters.
4.4. Deletion of Your Data. If You become aware that any portion of Your Data or User activity violates this Agreement, You shall take all necessary action to delete such Data from the Services. We reserve the right to terminate or suspend Your use of the Services if the continued provision of Services would violate any law. We will cooperate with legal authorities and third parties in the investigation of alleged wrongdoing. We will endeavor to provide notice to You prior to suspension or termination of Your use of the Services, but may immediately suspend or terminate them in instances where Your continued use of the Services would have a material adverse effect on Us.
4.5. Non Material Modifications. Without limiting any other terms herein contained, We reserve the right in Our sole discretion to add, change, discontinue or otherwise modify non material elements and features to the Services at any time. We will post notifications regarding such changes on Our Site.
4.6. Your Applications and Code. If You, a Third Party acting on Your behalf, or a User creates applications or program code using the Services, You authorize Us to host, copy, transmit, display and adapt such applications and program code, solely as necessary for Us to provide the Services in accordance with this Agreement. Subject to the above, We acquire no right, title or interest from You or Your licencors under this Agreement in or to such applications or program code, including any intellectual property rights therein