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3.4. Acceptable Use Policy. Customer and Customer Users shall not use the Service (i) to send or facilitate the sending of unsolicited bulk commercial email (spam); (ii) to disclose to the public Prohibited Content, as later defined, (iv) to distribute malware, including viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; (v) to alter, disable, interfere with, disrupt, circumvent or exploit vulnerabilities in any aspect of the Service or NextRequest's or third parties' other services or systems; (vi) to infringe the Intellectual Property or privacy rights of any person; (vii) to otherwise violate, or promote the violation of, any law or the legal rights of any person; (viii) to impersonate another person; (ix) for any high risk use where failure of the System 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; or (x) to otherwise access or use the Service beyond the scope of the authorization granted under Section 2.1. If Customer becomes aware of any actual or threatened activity prohibited under this section, Customer shall immediately take all reasonable measures to stop the activity, to mitigate its effects, and to notify NextRequest. Customer is responsible for any act or omission of any Customer User. 4. Privacy Policy. Customer agrees to the NextRequest privacy policy available at htti)s://www.nextrequest.com/i)rivacypolicy, which applies to information collected with respect to Requesters and with respect to the Customer and Customer Users using the Service, including Requester Content, Usage Data and email correspondence handled by the Service. The NextRequest privacy policy applies to Usage Data relating to Customer Content, but does not apply to Customer Content itself. 5. Removal of Customer Content, Suspension of Service 5.1. NextRequest and its Service Providers reserve the right to remove or prohibit any Customer Content or Requester Content. NextRequest may suspend or terminate Customer's use of the Service without liability if NextRequest or a Service Provider reasonably believes 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 NextRequest, its Service Providers, or its other customers; (b) Customer or any Customer User has failed to comply with any material term of this Agreement, including the Acceptable Use Policy; (c) Customer's or any Customer User's use violates applicable law or third -party rights; (d) Customer Content causes NextRequest to be subject to any law to which it otherwise would not be subject (for example, HIPAA) ; or (e) this Agreement expires or is terminated. Notwithstanding the foregoing and for the avoidance of doubt, NextRequest and its Service Providers have no obligation to monitor, filter, or disable access to any Customer Content or Requester Content. 5.2. If NextRequest or a Service Provider elects to remove Customer Content or suspend the Service, to the extent possible. NextRequest will give Customer advance notice of at least ten (10) Business Days. 6. Changes to Services. NextRequest may change, update or discontinue any or all of the Service at any time. NextRequest will notify the Customer at least 30 days prior to discontinuation of the Service. 7. Indemnification — Intellectual Property 7.1. NextRequest's Indemnification Obligation. If any action is instituted by a third party against Customer based upon a claim that any part of the Service (an "Infringing Item"), infringes a United States patent, copyright or trademark, NextRequest shall defend the City (including its officers, elected or appointed officials, employees, volunteers, and agents) (Indemnified Parties) from and against any claim, suit, or action REV: 09-25-2020 PR ATTY/AGR.2020.211/Next Request Co. (Public Records Act Request Automated System) (Page 17 of 23)