4.1 The Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or Software (except to the extent expressly permitted by the Company or authorized within the Services); use the Services or Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to the Customer for use on Customer premises or devices, the Company hereby grants the Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
4.2 The Customer represents, covenants, and warrants that the Customer will use the Services only in compliance with the Company’s standard published policies then in effect and all applicable laws and regulations. The Customer hereby agrees to indemnify and hold harmless the Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the Customer’s use of Services. Although the Company has no obligation to monitor the Customer’s use of the Services, the Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
4.3 The Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). The Customer shall also be responsible for maintaining the security of the Equipment, Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the Account or the Equipment with or without the Customer’s knowledge or consent.
4.4 The following is a partial list of prohibited activities on or through the Services: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site or Application’s listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on the Company’s hardware or software infrastructure; (3) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site or Application; (4) engaging in or promoting any illegal activities; (5) engaging in any activity that markets another business or attracts Customers to a competitor; (6) posting violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Services; (7) transmit, install, upload or otherwise transfer to the Site or Application any unauthorized advertisement or communication, including but not limited to spam, and phishing emails; (8) transmit, install, upload or otherwise transfer to the Site or Application any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights); (9) transmit, install, upload or otherwise transfer any virus, malware, or other item to the Site or Application that in any way affects the use or enjoyment of the Services; or (10) any other behavior that the Company, in its sole discretion, determines to be harmful or adverse to the Company, Customers or Services.