Infrastructure-As-A-Service (“IaaS”) Service
1. IaaS Service is designed to enable Customer to have virtual use of and access to:
i. Instances of an operating system on hardware owned or controlled by Provider (each, a “Machine”), and
ii. Provider software installed on Machines to manage Connections (as defined below) and Cross-Connections (as defined below), in each case, as applicable, for each Provider enabled application port (each, a “Port” and collectively, “Ports”).
2. Additional Services are designed to enable Customer to have virtual use of and access to the following, and other services that may be provided by Provider, from time to time, but not listed as an IaaS Service or an Additional Service:
- Connectivity between hardware owned or controlled by Provider located in 350 E Cermak Road Chicago, IL 60616, 755 Secaucus Road Secaucus, NJ 07094 and 2 Buckingham Avenue Slough SL1 4NB (“Connection(s)”);
- Cross-connectivity between hardware owned or controlled by Provider, located in 350 E Cermak Road Chicago, IL 60616, 755 Secaucus Road Secaucus, NJ 07094 and 2 Buckingham Avenue Slough SL1 4NB, and hardware owned or operated by the Customer, applicable Markets and/or Sources, in each case, located at the same location (“Cross- Connection(s)”); and
- Provider software installed on Machines to manage Customer’s connectivity to instances of a Source’s system, software, products, services, materials, content, data, applications and/or hardware on or using the Machine(s).
3. Customer Responsibilities.
Without limiting anything set forth in the Agreement and in addition thereto:
- Customer is solely responsible for its connectivity to the Services, for securing and maintaining approvals, licenses and authorizations for use of and access to the content of the applicable Source and/or Market and for the Sources’ and Markets’ fees associated with such use and access. Without limiting the foregoing and in addition thereto, Customer shall comply with generally applicable industry standards with respect to its use and access to the Services. This Service Offering IaaS Service is made part of and incorporated into the Terms and Conditions by and between Customer and Provider.
- Customer is solely responsible for backing up any and all data, software and content it (and its Users) creates, stores, installs, sends or receives on or using Client Devices and/or Machines.
- Customer will not (and will cause Users not to) make available, display or transmit, in connection with or using the Services, any system, software, products, services, materials, content, data and/or applications that are not encrypted and Customer agrees and acknowledges that Provider shall have no liability or responsibility in connection with any system software, products, services, materials, content, data and/or applications that are not encrypted.
- Customer shall ensure that any software, content, or data it (or its Users) installs on the Machine and/or on the Client Devices is and remains up-to-date and patched with the latest security updates. Customer shall not (and shall cause its Users not to) introduce any malicious code or other viruses that may impact the Services. Failure to use reasonable care to protect the Machine and/or Client Devices may result in a security compromise to the Services and to Provider. A compromised Machine or Client Device including creating network interference may result in the Customer being disconnected from the Services, including so as to not affect other customers. No service credits will be issued for outages resulting from disconnection due to breached Machine or Client Device security or Customer’s failure to comply with any terms and conditions of the Agreement. The Customer is solely responsible for any breaches of the Client Devices or Machines. Without limiting any of the rights and remedies of Provider, if a Customer breaches any of the terms and conditions of Agreement (including by creating a security breach for the Services), the cost to resolve any damage to any of the Services including Provider’s other customers will be charged directly to Customer. Interference by Customer that may cause or is currently causing Services interruption for another customer may be disconnected immediately.
4. Restrictions. Without limiting anything set forth in the Agreement and in addition thereto, Customer shall not (and shall cause Users not to):
i. introduce any disabling code or malicious code into the Service, any Machine or Client Device (example: viruses, worms, Trojan Horses or other executables intended to inflict harm or disable);
ii. create or facilitate security breaches or disruptions of communication or connectivity in the Services. Security breaches include, but are not limited to, accessing content, software or data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information;
iii. execute any form of activity that will intercept content, software or data not intended for Customer;
iv. circumvent user authentication or security of any passwordor account;
v. interfere with or deny the Services to any user (example: denial of service attack or distributed denial of service attack);
vi. use any program script/command, or sending messages of anykind, designed to interfere with or to disable, a third party’s authorized access to the Services;
vii. transmit, distribute or store any data, content, information or material in violation of any Applicable Law or requirements or rights of any Source, Market or any party is prohibited. This includes material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws;
viii. obtain or attempt to obtain the Services by any means or device with intent to avoid payment;
ix. access or attempt to access Customer’s account or other Services after Customer’s account has been cancelled, suspended or terminated;
x. knowingly engage in any activities designed to harass, or that will cause a denial-of-service (example: synchronized number sequence attacks) to any third party user of the Services; and
xi. use the Services to interfere with the use of the Services by other customers.
For the avoidance of doubt, any breach of the foregoing subsections of this Section 4 will be deemed a breach of the Agreement.
Furthermore, Customer agrees that the following activities are expressly prohibited and will be deemed a breach of the Agreement:
(a) unauthorized attempts by any User to gain access to any account or computer resource not belonging to that User (example: “cracking”); and
(b) unauthorized access, alteration, destruction, or any attempt thereof, of any information of Sources’, Markets’, Providers’, Provider’s other customers or users by any means or device.
5. Provider Support. Customer shall have the right to contact Provider for any technical issues. Provider will exercise reasonable efforts to resolve such issues to the extent such issues are under Provider’s control. As part of its internal business operations, Provider monitors the availability of the servers, hardware, and software owned or controlled by Provider and on which Machine is operating. (For the avoidance of doubt, Microsoft and/or its Affiliates will not be responsible for providing any support for Services provided to you by Provider.)
6. Service Level Goal.
Provider’s goal is to achieve for Customer 99.9% availability of the servers and hardware owned or controlled by Provider and on which Machine is operating, excluding downtime for emergency maintenance services, downtime for fifteen (15) minutes of routine maintenance on a daily basis and downtime caused by issues outside of Provider’s control.
(End of Service Offering
Last updated: June 2015