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Terms and Conditions
TERMS OF USE
You have not relied on the skill expertise or representations of MESSAGE LABS AFRICA in relation to the use benefit or commercial needs of the Service and have relied entirely upon Your own skill and expertise. MESSAGE LABS AFRICA makes no warranty as to the value of the Service to You. You shall supply MESSAGE LABS AFRICA with all the technical data and all other information reasonably requested to allow MESSAGE LABS AFRICA to provide the Service to You. You shall be responsible for promptly arranging with Your Internet Service Provider for the MX records of the domain given in the Customer Order Form or Online Order Form (and any other domains for which you require Service Activation) to be adjusted in accordance with instructions from MESSAGE LABS AFRICA. You hereby authorize MESSAGE LABS AFRICA to contact the Internet Service Provider (details given on the Customer Order Form) on Your behalf concerning changes required to the MX records of Your domain if necessary for correct operation of the Service or problem resolution. You shall indemnify MESSAGE LABS AFRICA and keep MESSAGE LABS AFRICA indemnified against any liability to any third party arising out of or in connection with Your use of the Service. MESSAGE LABS AFRICA shall have the right at any time to change the specification of the Service providing that such change shall not be materially detrimental to the performance of the Service. You acknowledge that MESSAGE LABS AFRICA has no direct control over the availability of bandwidth over the entirety of the Internet and that while it will use such endeavors as MESSAGE LABS AFRICA, in its absolute discretion deems appropriate to facilitate the Service at all times, at no time shall MESSAGE LABS AFRICA be responsible for delays caused by overuse or lack of such bandwidth.
FORCE MAJEURE
MESSAGE LABS AFRICA shall be not liable to You for any failure to perform its obligations under these Terms because of a matter beyond MESSAGE LABS AFRICA 's reasonable control, including but not limited to exceptionally severe weather, fire, war, terrorism, civil disorder, industrial disputes (whether or not involving MESSAGE LABS AFRICA 's employees) or acts or instructions of local or central government or other competent authorities or events beyond the reasonable control of MESSAGE LABS AFRICA 's and its suppliers.
CONFIDENTIALITY
Each of the parties hereto will take reasonable steps to hold without limitation the following items on a confidential basis this Agreement and its terms; all Material provided by a party to the other party; the names, addresses, and telephone numbers of a party's customers and all lists or other records containing this information; all financial and business information relating to either party including, without limitation, all market analyses and market expansion plans; all revenue and profit analyses and all commission structures and statements; all technical information relating to a party including, without limitation, all implemented or planned product and service improvements or changes; information provided by either party to the other which is designated in writing as confidential; and all other information not generally known to the public relating to either party's business, and all acts of the parties taken in pursuance thereof, except for information that becomes part of the public domain through no fault or action of such party. You undertake to keep confidential and not to reveal or disclose to any third party without prior permission from MESSAGE LABS AFRICA any username or password information provided to You by MESSAGE LABS AFRICA. If for any reason MESSAGE LABS AFRICA believes that there has been security breach MESSAGE LABS AFRICA shall have the right to take whatever action it deems appropriate including to reset Your password and provide a new one to You.
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