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Assuming this is in reference to the AWS Customer Agreement: https://aws.amazon.com/agreement/ https://aws.amazon.com/agreement/ > 7.2 Termination. > (a) Term
by wlesieutre 6y ago
Assuming this is in reference to the AWS Customer Agreement: https://aws.amazon.com/agreement/ https://aws.amazon.com/agreement/
> 7.2 Termination.
> (a) Termination for Convenience. You may terminate this Agreement for any reason by providing us notice and closing your account for all Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you at least 30 days’ advance notice.
> (b) Termination for Cause.
> (i) By Either Party. Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured for a period of 30 days from receipt of notice by the other party. No later than the Termination Date, you will close your account.
> (ii) By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause if we have the right to suspend under Section 6, (B) if our relationship with a third-party partner who provides software or other technology we use to provide the Service Offerings expires, terminates or requires us to change the way we provide the software or other technology as part of the Services, or (C) in order to comply with the law or requests of governmental entities.
(ii) (A) does not include the "breach of contract remains uncured for 30 days" stipulation; when Amazon has the right to suspend under Section 6 they may also terminate the agreement immediately.
Their "right to suspend under Section 6" includes:
> (a) your or an End User’s use of the Service Offerings (i) poses a security risk to the Service Offerings or any third party, (ii) could adversely impact our systems, the Service Offerings or the systems or Content of any other AWS customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;
> (b) you are, or any End User is, in breach of this Agreement;
Under (a), I could certainly see Amazon make an argument that Parler's use of the service offings poses a security risk to third parties. Not an electronic one necessarily, but I would think "a bunch of people threatening to hang the vice president" would qualify.
And under (b), Parler's end users being in breach of the agreement, they have plenty of a case as well. See Section 4: Your Responsibilities in the link above (I'm not going to excerpt all of it), but it includes these lines:
> you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users)
> You will ensure that Your Content and your and End Users’ use of Your Content or the Service Offerings will not violate any of the Policies or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of Your Content.
> You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement caused by an End User, you will immediately suspend access to Your Content and the Service Offerings by such End User.
Not a lawyer, but I don't think that's a clear-cut "Amazon violated the contract" win for Parler