THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT"), ALONG WITH THE
The Service is provided by CENSUS CONNECT LLC,
a Maryland limited liability company.
YOU ACCEPT THIS AGREEMENT AND IT BECOMES A BINDING CONTRACT UPON YOUR
USE OF THE SERVICE, INCLUDING BY CREATING AN ACCOUNT. YOU ALSO RECONFIRM THIS
AGREEMENT UPON EACH LOGIN OR USE OF THE SERVICE.
THIS AGREEMENT MAY ALSO BE REFERENCED IN AN ORDER FORM OR OTHER WRITTEN
DOCUMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT AS AN AGENT FOR A COMPANY OR
OTHER BUSINESS OR OTHER LEGAL ENTITY: (A) THIS
AGREEMENT IS BINDING ON YOU AND (B) THIS AGREEMENT IS BINDING ON YOUR
COMPANY/BUSINESS AND (C) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE
TERMS "YOU" OR "YOUR" SHALL REFER COLLECTIVELY TO YOU,
INDIVIDUALLY, AS WELL AS SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE
SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU
MUST NOT ACCEPT THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE USE OF, AND YOU MAY
NOT USE AND WE DO NOT CONSENT TO YOUR USE OF, THE SERVICES.
TERMS OF SERVICE
“Data” means any and all electronic information.
“De-Identified Data" means meta data generated by the operation of the Services,
aggregated data, and other data that does not identify an individual or
any online or written documentation made available to You.
“Malicious Code" means
viruses, worms, time bombs, Trojan horses and other harmful or malicious code,
files, scripts, agents or programs.
the functionality provided by the Census Connect™ browser plugin.
the period this Agreement is in effect – which begins on Your first use or
access to the Service and ends upon the earlier or expiration of your Subscription
to the Service, or Your breach of this Agreement.
“Third Party Data” means
all electronic data or information residing in the Service that is owned by a
person or entity other than You or Us but does not include De-Identified
“We," "Us" or "Our" means CENSUS CONNECT LLC, a Maryland limited
“You" or "Your" or similar pronouns means you, individually.
“Your Data" means all Data submitted by You in respect of using the
Services but does not include De-Identified Data.
AND OBLIGATIONS OF THE PARTIES; LIMITATIONS AND RESTRICTIONS
We shall during the Term: (i) make a reasonable effort to maintain the
availability of the Services and (ii) we shall use reasonable effort but at
least the effort required by applicable law to maintain the security of the Services
remedies if We breach this section. We will not be responsible for any
loss of Your Data, income, clients, profits, money or any other of Your
resources due to any security breaches caused by Your misuse
of Our Services or criminal or illegal acts of third parties.
rights. During the Term You may use the
Service for Your own personal use.
Unless applicable law permits it and by doing so You will not violate
applicable law or the rights of a third person, You
will not use the Service on account of any other person, including a family
member. If You do use the Service on
behalf of a third person, We are not responsible to You or that third person if
that person suffers personal or economic damages, or Your use violates
applicable law, and You hereby agree to defend, indemnify and hold Us harmless
from and against any claim by any third person for whom You make use of the
Service, or in the event Your use of the Service violates applicable laws,
rules, regulations or orders.
obligations. You shall: (i) be
responsible and liable for the acts and omissions of, including any breach of
this Agreement caused by You and third parties who access the Services through
You, (ii) be solely responsible for the accuracy, quality, use, development, integrity
and legality of Your Data and of the means by which You acquire and use Your
Data, (iii) use commercially reasonable efforts to prevent unauthorized access
to or use of the Services and Your Data, and notify Us in writing,
electronically promptly of any such unauthorized access or use of the Service or
the access credentials We provided You, and (iv) use the Services only in
accordance with this Agreement, the Guide and applicable laws, rules and
regulations, including but not limited to all laws regarding privacy, anti-discrimination,
and sending (and unsubscribing from) unsolicited commercial emails.
agree not to: (a) sell, resell,
sublicense, offer as a service bureau, rent or lease the Services (or any of
our Data presented in the Services), (b) directly or indirectly use the
Services to store or transmit infringing, libelous, or otherwise unlawful,
discriminatory, or tortious material, or to store or transmit material in
violation of third-party privacy, publicity, statutory, regulatory or personal
rights or other obligations owed to third parties, (c) use the Services to
store or transmit Malicious Code, (d) interfere with or disrupt the integrity
or performance of the Services, (e) attempt to or actually gain unauthorized
access to the Services our Data or their related systems or networks, (f) access
the Services for purposes of, monitoring the availability, performance or
functionality of the Service, or for any other benchmarking or similar
purposes, or to hack, trick, cheat, perform any other tests or vulnerability
assessments, monitor or check the security features of, or otherwise directly
or indirectly manipulate Service to anyone’s benefit, without our written
consent, or (g) attempt to access data or programs that belong to other
customers, or acquire login credentials of other users, or otherwise share Your
login credentials with third parties.
right to monitor the Services. Subject
law, We may monitor Your use of the Services for the
purpose of understanding how You use the Service and how We can optimize,
enhance, modify and otherwise provide the Service. We may also market new
products or services to You based on what we learn about Your use of the
LIABILITY FOR THIRD-PARTY SERVICES OR PROVIDERS
The Service may
include, and from time to time We may offer, third party applications, software,
modules, data, and services integrated with Our Service. In addition, Our
Service may be integrated into a third party service
or platform. We are only responsible for Our Services, and You agree that We
shall not be liable, or otherwise responsible, for the accuracy, performance,
reliability, availability or any other feature, failure or damage caused by any
third party service, plugin,
software, module, component, library, platform or other functionality (“Third
Party Service”) that is not developed directly by Us. Each such Third Party Service may contain additional terms. You agree
that if You are damaged or have any issue with such Third
Party Service, You will contact the vendor/supplier of that Third Party
Service directly, and seek all remedies solely and directly with them.
to the limited rights expressly granted hereunder, We reserve all rights, title
and interest in and to the Services, including all related patent, copyright,
trademark, trade secret and other proprietary rights therein (intellectual
property rights), and all enhancements, modifications and other alterations or
derivatives thereof, regardless of whether such enhancements, modifications and
other alterations or derivatives thereof arise from any suggestion, input,
idea, or other submission by You. For the avoidance of doubt, You hereby assign over to Us (and automatically assign over
to us in the future) all right, title and interest to all intellectual property
rights described or disclosed in any suggestion, input, idea, or other
submission by You relating to the Service; provided however that at no time
shall We own any rights in Your Data. No rights are granted to You hereunder
other than as expressly set forth herein, all of which are reserved.
shall not (and covenant not to) (i) create derivative works based on the
Services, (ii) copy, frame or mirror any part or content of the Services, (iii)
reverse engineer, decompile, de-obfuscate or otherwise disassemble or derive
the source code from the Services, or (iv) access the Services in order to (a) build a competitive product or service, or
(b) copy any features, functions or graphics of the Services.
of Your Data. As between Us and You, You exclusively own all rights, title and interest in and to
all of Your Data. Notwithstanding the
above, We have a license and right during the Term to
use Your Data (and Third Party Data) solely to provide the Services to You, and
as otherwise permitted herein, or as required to comply with applicable
law. We may also retain Your Data after the Term ends to comply with
applicable law, or for proper administration of our business, to maintain an
audit trail of transactions in the event of a dispute, and as expressly
Definition. As used herein, "Confidential
Information" means all confidential information disclosed by a party
("Disclosing Party"), whether directly, or indirectly through others,
to the other party ("Receiving Party"), whether orally or in writing,
that is designated as confidential or that reasonably should be understood to
be confidential given the nature of the information and/or the circumstances of
disclosure. Your Confidential Information shall include Your Data; Our Confidential
Information shall include the non-publicly available components of the Services;
and Confidential Information of each party shall include the terms and
conditions of this Agreement, as well as business and marketing plans,
technology and technical information, product plans and designs, and business
processes disclosed by such party. However, Confidential Information shall not
include any information that (i) is or becomes generally known to the public
without breach of any obligation owed to the Disclosing Party, (ii) was known
to the Receiving Party prior to its disclosure by the Disclosing Party without
breach of any obligation owed to the Disclosing Party, (iii) is received from a
third party without breach of any obligation owed to the Disclosing Party, or
(iv) was independently developed by the Receiving Party. De-Identified Data is
Our Confidential Information.
of Confidential Information. Except as otherwise permitted in writing by the
shall use the same degree of care that it uses to protect the confidentiality
of its own confidential information of like kind (but in no event less than
reasonable care) not to disclose or use any Confidential Information of the
Disclosing Party for any purpose outside the scope of this Agreement, and (ii)
the Receiving Party shall limit access to Confidential Information of the
Disclosing Party to those of its employees, contractors and agents who need
such access for purposes consistent with this Agreement and who have signed
confidentiality agreements with the Receiving Party containing protections no
less stringent than those herein.
Use of Your
Services or prevent or address Service or technical problems, or at Your
request in connection with customer support matters use, modify or disclose Your
Data, except as compelled by law or in connection with any dispute.
Disclosure. The Receiving Party may disclose Confidential Information of the
Disclosing Party if it is compelled by law to do so, provided the Receiving
Party gives the Disclosing Party prior notice of such compelled disclosure (to
the extent legally permitted) and reasonable assistance, at the Disclosing
Party's cost, if the Disclosing Party wishes to contest the disclosure. If the
Receiving Party is compelled by law to disclose the Disclosing Party’s
Confidential Information as part of a civil proceeding to which the Disclosing
Party is a party, and the Disclosing Party is not contesting the disclosure,
the Disclosing Party will reimburse the Receiving Party for its reasonable cost
of compiling and providing secure access to such Confidential Information.
of Control. Notwithstanding the above, Confidential
Information may be transferred to a successor in interest by merger, sale of
business or other change of control.
available Data. Our Service may include
publicly available Data, that we store, process and configure for display or
use. We make no claim to the raw,
publicly available Data, however, our storage service, database schemas and
processing of such publicly available data is our Data and constitutes our Confidential
Information, except as expressly provided above.
Each party represents and warrants that it has the legal power to enter into
EXCEPT FOR THE EXPRESS REPRESENTATIONS OR WARRANTIES HEREIN THE SERVICE IS
PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTY OF ANY KIND AND WE HEREBY
DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY
IMPLIED WARRANTIES ARISING UNDER any UNIFORM
COMMERCIAL INFORMATION TRANSACTIONS ACT. THERE IS NO WARRANTY THAT ANY SERVICE
INFORMATION, POSTINGS, CONTENT, EFFORTS, SERVICES, THE SERVICE OR ANY SYSTEM
PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
In addition to any other indemnity provided herein, You hereby covenant to
indemnify, defend and hold Us (and our members, owners, officers, employees,
agents, affiliates and other persons acting on Our behalf) harmless from and
against any claim made or brought against Us by a third-party (including by any
government agency or instrumentality): (i) alleging that Your Data or any Third
Party Data You provide to us or Your use of the Services, are in violation of
this Agreement, infringe or misappropriate the intellectual property or other personal
or corporate rights of a third party or violates applicable law, rules, regulations or orders; (ii) arising from Your
(or Your agents, affiliates, or other persons who act on Your behalf) negligent
or intentional action or omission, breach of this Agreement, or failure to
comply with applicable law, rules, regulations or orders. Without limiting the
foregoing, You shall indemnify Us for any damages
finally awarded against, and for reasonable attorney’s fees incurred by, Us
(and our members, owners, officers, employees, agents, affiliates and other
persons acting on Our behalf) in connection with any such claim. We shall endeavor to give You prompt written
notice of any claim that is indemnified hereunder, and reasonably cooperate
with Your resolution of such claim.
claims. In the event a third party makes a claim that the Service infringes its
intellectual property or other rights, You shall give
Us prompt written notice of such claim. Provided that such claim does not arise from
Your Data or Your misuse of the Service or other act or omission, We shall have the right to among other actions, seek a
license, resolve, provide a design-around, or otherwise make modifications to
avoid such infringement or other rights claim. In Our discretion if We
determine that the above actions are commercially infeasible, in addition to
any other rights herein, we may immediately terminate this Agreement or the
applicable portion of the Services that is alleged to cause the infringement or
otherwise violate third party rights.
Our obligation herein is limited to either providing a non-infringing
replacement of the Services or termination of this Agreement – which remedies
are Your exclusive remedies in the event of a third-party claim that the
Service infringes their intellectual property or other rights.
OF LIABILITY AND REMEDY
of Liability. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR
RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY
OF LIABILITY, EXCEED $100. IF APPLICABLE
LAW LIMITS OUR RIGHT TO LIMIT OUR LIABILITY TO YOU, THEN THIS LIMITATION SHALL
BE EFFECTIVE ONLY TO THE EXTENT AND IN THE LOWEST AMOUNT THAT WE ARE PERMITTED
TO LIMIT OUR LIABILITY TO YOU.
of Consequential and Related Damages. IN NO EVENT SHALL WE HAVE ANY LIABILITY
TO YOU, YOUR AFFILIATES, OR ANY OTHER PERSON WHO USED OUR SERVICE WITH YOUR
ACCESS RIGHTS FOR ANY LOST PROFITS OR LOST REVENUES OR FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER
ARISING HEREUNDER OR UNDER OTHER APPLICABLE LAW, AND WHETHER OR NOT THE PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Or Replace Remedy. You agree that your sole remedy in the event You have any
claim against Us in respect of the provision of the Service is for us to
repair, replace or otherwise correct such Service to meet the warranty provided
for herein; under no circumstances will We be liable to You in such cases for
any damages, costs or fees of any kind, including but not limited to actual,
compensatory, direct, incidental, punitive or consequential damages, whether or
not occasioned by Our negligence. If this provision is determined to have
failed of its essential purpose or is otherwise deemed or determined to be
unenforceable, You agree that this provision is an independent limitation from
all other limitations of remedies herein, and all such other limitations on
remedy, including but not limited to those in Sections 8.1 and 8.2 shall
survive and remain applicable to any claim You make, including but not limited
to any claim that We failed to provide an effective repair, replacement or
re-performance of services.
TERMINATION; ACCOUNT DELETION
Unless another written or electronic agreement
exists between You and Us that states a different provision, the Term of this
Agreement may be terminated by either You or Us by notice to the other party,
which notice may be by electronic mail or other reasonable means.
harm. If We determine that Your use or
actions are causing or likely to cause material and imminent damage to Us, to
our infrastructure or to our ability to provide the Service, or are in
violation of applicable law, rules, regulations or orders, We
may also suspend Your access to the Service immediately without notice. We
shall endeavor in subjective good faith to give You notice if We take this
emergency action, and to restore the Services as soon as the issue that caused
such suspension is resolved, in Our discretion.
and irretrievable data deletion. Upon Your account termination We may immediately
permanently delete Your Data. The Service is not a backup service and You should store copies of Your Data in other
Provisions. All provisions that by their nature should survive the end of the
Term shall so survive, including at least Sections 3 - 5, 6.2, and 7 - 11.
deletion. If We provide You with a login
or the ability to create an account, We reserve the
right, but not the obligation to permanently delete any account You have
created that has been suspended or terminated for more than 30 days, or that has not been used in 60 days. PLEASE
NOTE: All of Your Data and Third Party Data associated with an account will be deleted
when the account is deleted, and except for any audit trail that we deem
necessary to resolve any dispute, We do not retain backups or any method of
restoring deleted accounts, and We are not liable in any manner for any data
loss resulting from our deletion of terminated or suspended accounts.
LAW AND JURISDICTION; ARBITRATION
This contract will be governed by the laws of the State of Maryland, exclusive of its conflicts of laws
provisions. The parties agree that the Uniform Commercial Code, the
United Nations Convention on Contracts for the International Sale of Goods and
any Uniform Computer Information Transactions Act shall not apply between us. Each
party agrees consents to the exclusive jurisdiction of the courts in the State
of Jury Trial. EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION
WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS
anything to the contrary contained in this Agreement, except with respect to
actions for equitable relief, which claim may be filed directly in a court of
competent jurisdiction as provided above, any other dispute between the parties
to this Agreement, whether arising in tort, contract, pursuant to a right under
statute, rule or regulation, and including any claim that may be subject to a
class action, shall be settled by binding arbitration under the Commercial
Arbitration Rules (“Rules”) of the American Arbitration Association (the
“AAA”), and shall be held in the State of Maryland, United States.
dispute properly submitted for arbitration shall be referred to one arbitrator
in an arbitration administered by the AAA, according to the following
procedures: The party or parties
submitting (“Submitting Party”) the intention to arbitrate (the “Submission”)
shall nominate one arbitrator. If within
20 days of receipt of the Submission, the party or parties receiving the
Submission (“Answering Party”) does not agree on such arbitrator, then the
arbitrator shall be appointed by the AAA in accordance with the Rules unless
the parties can agree on an arbitrator.
The parties agree that they shall consent to an expedited proceeding
under the Rules, to the full extent the AAA can accommodate such a
ruling of the arbitrator shall be binding and conclusive upon all parties
hereto and any other person or entity with an interest in the matter, and the
arbitrator shall have the authority to direct the parties to make payments,
withdrawals and distributions with the results of arbitration.
arbitration provision set forth in this Agreement shall be a complete defense
to any suit, action or other proceeding instituted in any court regarding any
controversy or claim (except as provided for above for claims permitted to be
filed directly in court, but including, without limitation, whether any
controversy or claim is subject to arbitration) arising out of or relating to
any said disputes to be arbitrated hereunder between the parties; provided,
however, that (A) any of the parties to the arbitration may request a State of Maryland
State Court or State of Maryland Federal District Court to provide interim
injunctive relief in aid of arbitration hereunder or to prevent a violation of
this Agreement pending arbitration hereunder (and any such request shall not be
deemed a waiver of the obligations to arbitrate set forth in this Agreement),
(B) any ruling on the award rendered by the arbitrator may be entered as a final
judgment in any court of competent jurisdiction anywhere in the United States,
including but not limited to in a State of Maryland State Court or State of Maryland
Federal District Court (and each of the parties hereto irrevocably submits to
the jurisdiction of such court for such purposes) and (C) application may be
made by a party to any court of competent jurisdiction wherever situated for
enforcement of any such final judgment and the entry of whatever orders are
necessary for such enforcement.
In any proceeding with respect hereto, all
direct, reasonable and out-of-pocket costs and expenses (including, without
limitation, AAA administration fees, arbitrator fees, expert witness fees, and
attorneys’ fees) incurred by the parties to the proceeding shall, at the
conclusion of the proceeding, be paid by the party incurring the same; however,
the arbitrator may award payment of all or any portion of any such fees and
expenses to the prevailing party in arbitration, or on the basis of any
obstreperous or excessive litigation tactics.
arbitrator shall have power to permit reasonable discovery using subpoenas and
other regular procedures and the parties shall cooperate in such discovery and
not unduly multiply the proceedings, make duplicative or unnecessary requests
or otherwise cause undue expense. The
arbitrator shall have the power to sanction any party that violates the
arbitrator’s rules or orders, which sanctions may include payment of fees and
costs incurred by the other party, up to and including dismissal and/or default
Compliance. The Service is not for export and may not be used or exported
outside of the United States. If We agree in writing with You in a separate
Agreement, You may use the Service from a remote non
U.S. jurisdiction, provided that You covenant to comply with the export laws
and regulations of the United States and other applicable jurisdictions in
providing and using the Services.
of the Parties. This Agreement does not create a partnership, franchise, joint
venture, agency, fiduciary or employment relationship between the
Third-Party Beneficiaries. There are no third-party beneficiaries to this
Agreement, intended or implied.
and Cumulative Remedies. No failure or delay by either party in exercising any
right under this Agreement shall constitute a waiver of that right. Other than
as expressly stated herein, the remedies provided herein are in addition to,
and not exclusive of, any other remedies of a party at law or in equity.
If any provision of this Agreement is held by a court of competent jurisdiction
to be contrary to law, the provision shall be modified by the court and
interpreted so as best to accomplish the objectives of the original provision
to the fullest extent permitted by law, and the remaining provisions of this
Agreement shall remain in effect.
Fees. If we are required to enforce this
Agreement and we substantially prevail in such action, You
shall pay on demand all reasonable costs We incurred in such effort, where
"costs" shall include Our reasonable attorneys' and other
professionals' fees. You further agree that this covenant shall survive any
judgment and this duty and obligation to pay "costs" shall continue
until full collection of the judgment, including but not limited to all appeals
of any decision.
You may not assign any of Your rights or obligations hereunder, whether by
operation of law or otherwise, without the prior written consent of Us (not to
be unreasonably withheld). We may assign
this Agreement at any time, to any person. Any assignment by a party in
violation of this provision is void. Subject to the foregoing, this Agreement
shall bind and inure to the benefit of the parties, their respective successors
and permitted assigns.
Agreement. Unless You and We have entered into a separate written and signed
agreement that states otherwise, this Agreement, including all exhibits,
documents incorporated by reference, and addenda hereto, constitutes the entire
agreement between the parties and supersedes all prior and contemporaneous
agreements, proposals or representations, written or oral, concerning its
subject matter. However, to the extent of any conflict or inconsistency between
the provisions in the body of this Agreement and any exhibit or addendum
hereto, the terms of such exhibit, addendum shall prevail. No employee, agent or other person associated
with Us has the right or power to amend, waive or otherwise orally modify this
Amendment. We may add to, remove or otherwise change or modify
the terms and conditions of this Agreement at any time by giving notice on the Service
and such notice may be provided at the time You login, or via a textual notice
appearing on the Service that terms have changed, or via email or other
reasonable means. Your continued use of the Service after we make any changes
to this Agreement constitutes Your acceptance and agreement to such changes.
If You do not agree to such changes You must notify Us
promptly upon learning of such changes (in no event less than 3 business days
after they are posted and We have provided notice) and cease using the
Services. If You timely object to the
new Agreement as provided above, then such objection shall constitute a
termination of this Agreement for Your convenience and the new Agreement terms
shall not apply to You.
adverse construction. You and We have had the opportunity to consult with,
review and negotiate the terms and provisions of this Agreement and use of the
Service, and neither party shall therefore be subject to any adverse
construction rule as the draftsperson of the Agreement.
Communications. You agree to transact business with Us using electronic
communications, either via web forms on the Service, or via email. Electronic
communications will be deemed received by You when Your electronic
communication system reports that any electronic communication We send You has
been received by Your system, regardless of whether You ever actually open or
read such electronic communication. We may, but are not required, to use return
receipt requests. Unless specifically required by applicable law or as
otherwise provided herein, You consent to receive all
notices, information, and other communications from Us concerning any subject
matter, via electronic communication. It is Your responsibility to maintain
valid electronic communication addresses, and to review the Services messages, and
We may terminate Your access to the Service without liability to You if, after
We give You reasonable prior notice, You fail to
update and maintain Your electronic communication addresses.
Services. We may add, change,
discontinue, remove or suspend any and/or all Services, including features and
specifications of products described or depicted on the Service, temporarily or
permanently, at any time, without notice and without liability.
of Giving Notice. Except as otherwise specified in this Agreement, all notices,
permissions and approvals hereunder shall be in writing and shall be deemed to
have been given upon: (i) personal delivery, (ii) the second business day after
mailing, (iii) the second business day after sending by confirmed facsimile, or
(iv) the first business day after sending by email (provided email shall not be
sufficient for notices of termination unless the party receiving such email
responds that the email is sufficient notice). Notices to You shall be
addressed to the system administrator designated by You for Your relevant
Services account, and in the case of billing-related notices, to the relevant
billing contact designated by You.