- Client represents, warrants, or covenants that:
- Client will to comply with all laws, and with the rules and regulations of PhoenixNAP, LLC (PNAP).
- Client will not to disturb or interfere with any other tenant or occupant of the facility.
- Client must own or maintain the legal right/authority to any of the Client equipment covered by this agreement.
- Client will not use any of the Client's equipment, or the equipment, facilities, or services provided to Client under this agreement, to infringe, mis-appropriate, or violate in any manner the intellectual property rights of any person or entity.
- Client will use Client's equipment in the Client Area in compliance with the manufacturers' environmental and other specifications.
- Client will not use the facility or services for dangerous activities or life-critical applications or services that could, if they fail, result in death, personal injury, catastrophic damage, or mass destruction.
- Client is solely responsible for any data maintenance, integrity, retention, security, and backup of Client content and Client's compliance with any laws, rules, or regulations in any region or country that applies in regard to security, privacy, legality, and safe handling of Client and Client's end-customers' data.
- PNAP represents, warrants, or covenants that:
- PNAP has the legal right and authority to grant Client license to use the Client Area for purposes described in this agreement.
- PNAP will continue to maintain the legal right and authority to grant the same license for the purposes described in this agreement.
- PNAP will comply with any and all federal, state, local, and international laws PNAP is required to be bound by while providing Client with the service(s).
- PNAP will comply with any applicable and agreed upon SLA while providing Client the service(s).
- PNAP will maintain reasonable and appropriate physical security to protect Client content.
- PNAP will not allow, or authorize any third party to do anything that subjects Client or any applicable party (lender, etc.) to claims, liens, or encumbrances in accordance with statute, law, or express or implied contract.
- PNAP maintains ownership of the PNAP website and the services including and without limitation our intellectual property, the look and feel, software, interface, content, logos, brands, and marks.
- PNAP retains ownership of all items it installs in the Client Area with the exception of equipment owned by Client.
EXCEPTING THE REPRESENTATIONS, WARRANTIES, AND COVENANTS LISTED ABOVE, PNAP PERFORMS SERVICES AND PROVIDES SPACE TO CLIENT ON AN "AS-IS" BASIS. CLIENT'S USE OF THE SERVICES IS AT CLIENT'S OWN RISK. PNAP MAKES NO GUARANTEES ABOUT WARRANTIES INCLUDING, BUT NOT LIMITED TO, TENANTABILITY, HABITABILITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM THE COURSE OF DEALING, USE, OR TRADE PRACTICE. PNAP DOES NOT WARRANT THAT THE FACILITY SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERPTED, ERROR-FREE, OR COMPLETELY SECURE.
Both parties represent, warrant, or covenant that they haven't dealt with a broker or referrer that is not recorded on the SOF. Should a person or entity other than that broker/referrer claim a finder's fee, brokerage commission, or other compensation for acting in that capacity, the party the claimant claims to have brokered for holds the other party harmless, and/or indemnifies them against any claims and costs, expenses, and liabilities in connection with that claim--including, but not limited to, attorney's fees and court costs for defense of the claim.