6.1            The customer represents and warrants to Scitix, on the Effective Date and during your use of the Services, that:

(a)             it is duly organised, validly existing and in good standing under the laws of the jurisdiction of its incorporation;

(b)             it is duly qualified and authorised to do business in every jurisdiction where such qualification is required by applicable Laws for the purposes of this Agreement, except where any failure to be so qualified would not, individually or in the aggregate, be reasonably expected to have a material adverse effect on its ability to perform its obligations under this Agreement;

(c)             it has full right, corporate power and authority to enter into and execute this Agreement and to perform its obligations under this Agreement;

(d)             the execution, delivery and performance of this Agreement will not result in any conflict with, result in a breach or violation of, or constitute a default under:

(i)              any applicable Laws;

(ii)             the constitutional documents of the customer; or

(iii)           the terms of any agreement or instrument to which the customer is a party or bound,

except for any breach of (i) and (iii) which would not, individually or in the aggregate, be reasonably expected to have a material adverse effect on its ability to perform its obligations under this Agreement;

(e)             when executed and delivered by each of Scitix and the customer, this Agreement will constitute the legal, valid and binding obligations of the customer, enforceable against the customer in accordance with its terms, except as may be limited by any applicable bankruptcy, insolvency, reorganisation, moratorium, or similar laws and equitable principles related to or affecting creditors’ rights generally or the effects of general principles of equity; and

(f)             there is no actual or threatened claim or action against the customer.

6.2            The customer undertakes that it shall at all times comply with applicable Laws and, without affecting the generality of the foregoing, its shall not engage in any of the following acts:

(a)             use the Services to distribute unwelcome or unsolicited e-mails, electronic advertisements or e-mails containing reactionary, pornographic and other harmful information;

(b)             use the Services as a virtual server, illegal proxy server or mail server;

(c)             use the Services provided to engage in business activities such as DDoS protection and DNS protection;

(d)             engage in any behaviour that damages the legitimate rights and interests of any other parties;

(e)             use the Services to upload, download, store, or publish the following information or content, or provide any convenience for others to publish such information (including but not limited to setting URLs, BANNER links, etc.):

(i)              any news or information that violates any applicable Laws;

(ii)             any information that incites crime under applicable Laws;

(iii)           information that violates the ethnic and religious policies under applicable Laws;

(iv)           information that interferes with the security of the operation of the Internet;

(v)            information that infringes upon the legitimate rights and interests of other parties;

(vi)           information or content that is detrimental to social order, social security, and public morality; and

(vii)          other information that violates applicable Laws or public interests;

(f)             maliciously occupy a large amount of resources, or use methods that may cause abnormal occupation of resources such as server memory or network bandwidth of the Services (such as servers, network bandwidth, storage space, etc.), which may cause the Services crash, freeze or become inaccessible, etc.;

(g)             engage in any acts that undermine or attempt to undermine network security (including but not limited to phishing, hacking, network fraud, disseminating of viruses, Trojan horses, malicious code, and suspected attacks on other websites and servers through virtual servers such as scanning, sniffing, ARP spoofing, DDoS, etc.); or

(h)             install or use pirated software or system; or

(i)              engage in any other actions that would jeopardize or undermine the security of the Services.

6.3            The customer shall promptly notify Scitix of any of the following events or occurrences, or any facts or circumstances reasonably likely to give rise to any of the following events or occurrences:

(a)             any failure by the customer to perform any of its obligations under this Agreement; or

(b)             any failure by the customer or its end users (if any) to comply with applicable Laws with respect to the use of the Services.

6.4            Where Scitix receives notice under clause 6.3, or has determined that the circumstances under clause 6.3(a) or 6.3(b) has occurred, it may, without affecting any other rights or remedies under this Agreement, suspend the provision of Services to the customer with immediate effect, until the customer is able to demonstrate that the relevant issue has been remedied. Scitix shall not be liable for any loss or damages whatsoever caused by or arising out of a suspension of Services under this clause 6.4. There will be no refund of any Service Fees for the period during which the Services is suspended.