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(whether knowingly or unknowingly) any prohibited conduct described herein and such conduct, in SmartWorks' reasonable opinion poses any risk of any kind or nature to SmartWorks or its service providers' network, business or other customers. As promptly as practicable after becoming aware of Customer's engagement in any such prohibited conduct, SmartWorks will use reasonable efforts to notify Customer of the restriction or limitation to Customer's access to the Hosting Services and will promptly restore Customer's access after SmartWorks has had reasonable assurance that such conduct has been permanently discontinued. In addition to and without limiting the foregoing, SmartWorks reserves the right to refuse to post or to remove in whole or in part any information or materials provided or submitted by or on behalf of Customer in connection with its use of the Hosting Services that SmartWorks determines, in its reasonable discretion, are either in violation of this Agreement or pose any risk of any kind or nature to SmartWorks or its service provider's network, business or other customers. 6. Hosting Services (a) SmartWorks and/or its service provider shall provide all facilities, equipment, and software required to deliver the Hosting Services for up to the Maximum Meters and Maximum Channels. (b) SmartWorks shall use commercially reasonable efforts to make the Hosting Services available to Users twenty four (24) hours per day, seven (7) days per week; subject to the terms further defined in Schedule "B". The system resources that are used by SmartWorks to provide the Hosting Services may be used for the applications of other SmartWorks customers or third parties. (c) SmartWorks reserves the right to have additional User acceptance criteria that may be applied to Users prior to their ability to have access to the Hosting Services. SmartWorks shall inform Customer of such criteria but SmartWorks shall be free to implement such criteria at any time without prior written warning to the Customer and/or to Users. Where Users do not accept such and/or agree to such criteria, SmartWorks reserves its rights to not grant to such Users access to the Hosting Services. SmartWorks reserves its rights to restrict access to the Hosting Services to Users for any violation of any additional terms and conditions to which such Users accept/agree to access the Hosting Services. (d) SmartWorks shall provide installation, configuration, system administration and maintenance of the facilities and equipment and software required to operate and ensure availability of the Hosting Services. Customer, not SmartWorks, shall be responsible for creating and maintaining all User account information and for performing all other application level system administration functions that are available within the Hosting Services. (e) SmartWorks shall comply with the terms and conditions regarding access and use of Data as set out in Section 12 of this Agreement. (f) Customer acknowledges that in order to provide the Hosting Services SmartWorks or its service provider may be required to purchase access to Third Party Components. Customer further acknowledges that the availability of such Third Party Components is based solely on the best information available to SmartWorks and its service providers as of the Effective Date including third party representations and government regulations and is subject to change during the Term with little or no advance notice. If any necessary Third Party Components are determined by SmartWorks to be unavailable as a result of changes to any third party availability, governmental regulations or other condition or circumstance outside of SmartWorks' control, then (a) SmartWorks shall not be in breach hereof or otherwise liable for anyfailure or inability to provide the Hosting Services as a result of such unavailability of any Third Party Components; and (b) SmartWorks may in its sole discretion modify, change or replace the applicable Third Party Components and otherwise attempt to mitigate the impact of the such unavailability of Third Party Components, and reserves the right to pass on any price increases by revising the Hosting Fees, subject to the right to terminate set out in Section 10, providing SmartWorks provides written notice of 3rd party requirements (g) The infrastructure deployed to support the Customer's Hosting Services solution is based upon the scope of Hosting Services solution as defined in Schedule "A" and/or a statement of work executed by Customer and N. Harris Computer Corporation — Confidential Page 4 of 18