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(whether knowingly or unknowingly) any prohibited conduct described herein and such conduct, in SmmrtVVorka' reasonable opinion poses any risk of any kind or nature to SmmrtVVorkm or its service providers' network, business orother customers. As promptly as practicable after becoming aware of Customer's engagement in any such prohibited rondunt. Smar0Works 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, Smor8Norkm 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 Smar8Works determines, in its reasonable discretion, are either in violation of this Agreement or pose any risk of any kind ornature boSmortWorkmorits service provider's network, business orother customers. 6. Hosting Services (a) SmnMhNorks and/or its sen/rm provider shall provide all facilities, equipment, and software required todeliver the Hosting Services for up to the Maximum Meters and Maximum Channels. (b) SmnMhNorksshall use commercially neasonab|e efforts hzmake the Hosting Services available toUsers twenty four (24)hours per day, seven (7)days per week, subject tothe terms further defined inSchedule ^E"The system resources that are used by SmortVVorkn to provide the Hosting Services may be used for the applications ofother SmnrtWorkscustomers orthird parties. (c) SmartWorks reserves the right to have additional User acceptance criteria that may be applied to Users prior totheir ability tnhave access tothe Hosting Services. SmaMhNorksshall inform Customer ofSuch criteria but SmartWorks shall be free to implement Such criteria at any time without prior written warning to the Customer and/or boUsers. Where Users do not accept such and/or agree to such criteria, SmartWorks reserves its rights tonot grant tosuch Users access tothe Hosting Services. SmartWorkareserves its rights borestrict access tothe Hosting Services to Users for any violation of any additional terms and conditions to which such Users accept/agree toaccess the Hosting Services. (d) SmaMhNorksshaU provide installation, configuration, system administration and maintenance ofthe facilities and equipment and software required to operate and ensure availability of the Hosting Services. Customer, not SmmdiNorkm, 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 asset out in Section 12 of this Agreement. UD Customer acknowledges that inorder toprovide the Hosting Services SmartWodkuorits 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 SmartWorke 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 any failure 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 GmartVVorksprovides written notice mf3mparty 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 CvmputerCorpmramon—nonnmnntia| Page 4or1e