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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />RYAN L. BUTLER, CLERK
<br />Software and Hosting Services; (x) use the Software and Hosting Services to knowingly post,
<br />transmit, upload, link to, send, or store any content that is unlawful, racist, hateful, abusive, libelous,
<br />obscene, or discriminatory; (xi) use the Software and Hosting Services to store or transmit any
<br />"protected health information" as that term is defined in U.S. 45 C.F.R. 160.103 or "personal data" as
<br />that term is utilized in the Regulation 2016/679 of the European Parliament and of the Council on the
<br />protection of natural persons with regard to the processing of personal data and on the free
<br />movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); (xii)
<br />use the Software and Hosting Services to knowingly post transmit, upload, link to, send, or store any
<br />viruses, malware, trojan horses, time bombs, or any other similar harmful software; or (xiii) try to use,
<br />or use the Software and Hosting Services in violation of this Agreement.
<br />p. Communication Notifications. Client acknowledges that all content, data, text, messages and other
<br />material ("Content") contained in a voice, text, e-mail, Short Message Service ("SMS"), or other
<br />telephonic or electronic notification, including prerecorded and artificial voice and autodialed
<br />messages (collectively referred to hereinafter as "Communication Notification") sent by Client or its
<br />Users through the Services, Software, and Hosted Services are the sole responsibility of Client.
<br />Under no circumstances will ESi or any of its providers be responsible for any loss, damage, or
<br />liability arising out of the Content of any Communication Notification, including any mistakes
<br />contained in the Content or the use or transmission of the Content. Client acknowledges that all
<br />Content is the sole responsibility of Client. Client is solely responsible for the integrity and quality of
<br />the Content. Client agrees not to use the Services, Software, and Hosted Services to send any
<br />unsolicited Communication Notification ("consentless messages"), unless otherwise legally
<br />permitted. Client also certifies that it will not use rented or purchased lists, email append lists,
<br />"scraped" lists, or any other list that contains email addresses captured in any other method than opt -
<br />in. Client will not send any Communication Notification unless (a) the recipient of the message is an
<br />employee of Client sending the message, (b) is using a device owned or paid for by Client sending
<br />the message, (c) using a personal device and the User has given Client permission to communicate
<br />with them via the device, (d) Client has obtained "opt -in" consent from the User or (e) Client is
<br />otherwise legally permitted to dispatch consentless messages. Client acknowledges that it is Client's
<br />responsibility to obtain prior consent from its Users or obtain other legal authority prior to sending
<br />any SMS or voice call. Client represents and warrants that it will send Communication Notifications
<br />in accordance with this Agreement; Client has determined that the phone numbers to be called
<br />exclude emergency numbers and other numbers that may not be called using an automated system
<br />under applicable law; Client agrees to comply with all international, including, but not limited to, the
<br />General Data Protection Regulation ("GDPR), U.S. federal, state and local laws, including but not
<br />limited to, the Fair Debt Collection Practices Act, Telephone Consumer Protection Act ("TCPA"),
<br />Controlling the Assault of Non -Solicited Pornography And Marketing Act ("CAN -SPAM"), Federal
<br />Trade Commission or any other international, U.S. federal or state regulatory authority. Client will
<br />not: (a) violate any regulation of the U.S. Securities and Exchange Commission or any stock
<br />exchange, infringe one another's rights in intellectual property, is invasive of another's right to privacy,
<br />or violate any privacy laws, privacy policies of Client or any other third parties or do anything that
<br />would justify a complaint to the Federal Communications Commission; (b) engage or facilitate any
<br />illegal, unethical, deceptive or misleading practices in connection with the use of the Services,
<br />Software, and Hosted Services, including, but not limited to, creating a false identity or forged email,
<br />phone or message header or otherwise attempt to mislead others as to the identity of the sender or
<br />the origin of the message; (c) use the Services, Software, and Hosted Services in connection with
<br />any junk email, junk phone messages, spamming or any unsolicited messages (commercial or
<br />otherwise); (d) provide, or knowingly allow any third parties to provide, Content or other material to
<br />be transmitted in connection with or through the Services, Software, and Hosted Services which: is
<br />defamatory, libelous, obscene, pornographic or is harmful to minors; promotes violence,
<br />discrimination, or illegal activities; transmit any material that contains viruses, worms, cancelbots or
<br />any other harmful code or computer programs designed to disrupt the functionality of any computer
<br />software or hardware or telecommunications equipment; or (e) violate any law, statute, ordinance or
<br />regulation, (including without limitation the laws and regulations governing export control). Client is
<br />allowed to send SMS in text format only; no binary SMS messaging is allowed. Violations of any law
<br />or condition set forth herein may result in immediate suspension or cancellation of the Services in
<br />order to protect ESi' ability to deliver Services, Software, and Hosted Services. ESi may at its sole
<br />discretion determine whether a Communication Notification meets acceptable criteria and will be
<br />uploaded to the Software. Client hereby acknowledges that ESi merely provides Software for
<br />facilitating the sending of Client's Communication Notifications, and that Client shall have sole
<br />responsibility and liability for its messages and communications. Client also agrees to defend,
<br />indemnify and hold harmless ESi from and against any claims or damages which may result from the
<br />Client and its Authorized Users Use of the Services, Software, and Hosted Services, including, but
<br />Confidential and Proprietary
<br />Indian River.ESLEUSA.draft 9-10-24 Page 5 of 20
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