The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of the CSCampus Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of these Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
1. UNIVERSAL SERVICE TERMS (APPLICABLE TO ALL SERVICES)
1.1. You may only use the Services to store, retrieve, query, serve, and execute Your Content that is owned, licensed or lawfully obtained by you. As used in these Service Terms, “Your Content” includes any “Company Content”. As part of the Services, you may be allowed to use certain software (including related documentation) provided by us or third party licensors. This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services without specific authorization to do so.
1.2. You must comply with the current technical documentation applicable to the Services as posted by us and updated by us from time to time on the Cubicstone Sites. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service as posted by us and updated by us from time to time on the CSCampus Sites.
1.3. You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
1.4. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, pursuant to the Digital Millennium Copyright Act or as required to comply with law or any judicial, regulatory or other governmental order or request. In the event that we remove content without prior notice, we will provide prompt notice to you unless prohibited by law.
1.5. From time to time, we may offer free or discounted pricing programs covering certain usage of the Services. We may stop accepting new sign-ups or discontinue a Special Pricing Program at any time. Standard charges will apply after a Special Pricing Program ends or if you exceed the limitations by the Special Pricing Program. You must comply with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) for the Special Pricing Program as described in the offer terms for the Special Pricing Program or on the pricing page for the eligible Service(s). You may not access or use the Services in a way intended to avoid any additional terms, restrictions, or limitations, and we may immediately terminate your account if you do so. Any data stored or instances provided as part of a Special Pricing Program must be actively used.
1.6. If we make multiple discounts or pricing options for a Service available to you at one time, you will only be eligible to receive one discount or pricing option, and will not be entitled to cumulative discounting and pricing options.
1.7. You will ensure that all information you provide to us via the CSCampus Sites (for instance, information provided in connection with your registration for the Services, requests for increased usage limits, etc.) is accurate, complete and not misleading.
1.8. From time to time, we may apply upgrades, patches, bug fixes or other maintenance to the Service Offerings (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
2. CSCAMPUS PRIVATE CLOUDS AND DATA CONNECTORS
2.1. You are responsible for maintaining licenses and adhering to the license terms of any software you run.
2.2. Using Microsoft Software. In conjunction with the Services, you may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors (collectively, the “Microsoft Software”). If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:
The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with the Services.
You may not transfer or use the Microsoft Software outside the Services.
You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software.
You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law.
Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Services.
Microsoft is not responsible for providing any support in connection with the Services. Do not contact Microsoft for support.
You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
2.3. Using IBM Software. In conjunction with the Services, you may be allowed to use certain software (including related documentation) developed and owned by International Business Machines Corporation or its licensors (collectively, the “IBM Software”). If you choose to use the IBM Software, IBM and its licensors require that you agree to the additional terms and conditions:
The IBM Software is neither sold nor distributed to you and you may use it solely in conjunction with the Services.
You may not transfer the IBM Software outside the Services.
Your use of the IBM Software is subject to the terms and conditions defined in the IBM License Information (“IBM LI”) for each IBM Software program and any applicable terms for Separately Licensed Code contained therein.
Any restrictions in the IBM LI regarding Processor Value Units (“PVUs”) apply to your use of the IBM Software in conjunction with the Services. The IBM LI may refer to products or features that are not available in conjunction with the Services.
By using the IBM Software, you hereby agree to be bound by the terms of the applicable IBM LI, which is presented the first time you access the relevant machine image.
We may disclose your company name, the IBM Software your company has used, and your company’s total usage fees for the IBM Software (collectively, “Usage Data”). IBM is required to keep Usage Data confidential and IBM cannot use Usage Data for marketing or lead generation.
2.4. Using Novell Software. In conjunction with the Services, you may be allowed to use certain software (including related documentation) developed and owned by Novell, Inc. or its licensors (collectively, the “Novell Software”). If you choose to use the Novell Software, Novell and its licensors require that you agree to these additional terms and conditions:
Your use of the Novell Software is subject to the terms and conditions of the Novell End User License Agreement (“Novell EULA”) provided with the Novell Software. By using the Novell Software, you hereby agree to be bound by the terms of the applicable Novell EULA, which is presented the first time you access the relevant machine image.
2.5. Using Red Hat Software. In conjunction with the Services, you may be allowed to use certain software (including related support, maintenance, and documentation) developed, owned or provided by Red Hat, Inc. or its licensors (collectively, the “Red Hat Software”). If you choose to use the Red Hat Software, Red Hat and its licensors require that you agree to these additional terms and conditions:
Red Hat disclaims any (i) warranties with respect to the Red Hat Software and (ii) liability for any damages, whether direct, indirect, incidental, special, punitive or consequential, and any loss of profits, revenue, data or data use, arising from your use of the Red Hat Software.
Your use of the Red Hat Software is subject to the terms and conditions of the Red Hat Cloud Software Subscription Agreement currently located at www.redhat.com/licenses/cloud_cssa/ (the “Red Hat CSSA”). By using the Red Hat Software, you hereby agree to be bound by the terms of the Red Hat CSSA.
2.6. Instance Extended Commitments (one and three years). You may designate instances as subject to the reserved pricing and payment terms set forth on the Pricing detail page on the CSCampus Sites. You may designate instances as Long Term Commitment Instances by notifying us by e-mail or help desk ticket. When you designate instances as Long Term Commitment Instances, you must designate an availability zone, instance type, Instance type, and quantity for the applicable Instances. The Instances may only be used in the designated availability zone. We may change Instance Pricing at any time but price changes will not apply to previously designated Long Term Commitment Instances, except as described in this Section 2.7. If Microsoft increases the license fees it charges for Windows, or if Red Hat increases the license fees it charges for Red Hat Enterprise Linux (“RHEL”), we may make a corresponding increase to the per-hour usage rate for Long Term Instances with Windows or RHEL. Any increase in the per-hour usage rate for Instances with Windows will be made between December 1 and January 31, and we will provide 30 days’ notice. For any increase in the per-hour usage rate for Instances with RHEL we will provide 30 days’ notice. If this happens, you may: (a) continue to use your Long Term Commitment Instances with Windows or RHEL with the new per-hour usage price; (b) convert your Instances with Windows or RHEL to comparable Instances with Linux; or (c) terminate your Instances with Windows or RHEL and receive a pro rata refund of the up-front fee you paid for the terminated Instances with Windows or RHEL. We may terminate the Long Term Commitment Instance Pricing program at any time. Long Term Commitment Instances are nontransferable. All amounts paid in connection with the Instances are nonrefundable, except that if we terminate the Agreement other than for cause, terminate an individual Instance type, or terminate the Pricing program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated Long Term Commitment Instances. You may not purchase Long Term Commitment Instances for the purpose of reselling, and we reserve the right to refuse or cancel your purchase if we suspect you are doing so. Upon expiration or termination of the term of Instances, the Instance pricing will expire and standard on-demand usage prices will apply to the instances. In addition to being subject to Long Term Commitment Instance Pricing, Instances are subject to all data transfer and other fees applicable under the Agreement.
3. SERVER AND APPLICATION IMPORT/EXPORT
3.1. You may send physical storage media (the “Media”) to us that we will use to either (a) transfer data contained on the Media into supported storage Services as Your Content or (b) transfer certain of Your Content to the Media (such data contained on Media either before or after transfer, “Data”) and provide the Media to you.
3.2. You will comply with all specifications and documentation for Import/Export as posted by us and updated by us from time to time on the CSCampus Sites, including Media requirements and shipping requirements. You will be solely responsible for all shipping and handling costs (including costs of freight and transit insurance) for shipping Media to or from us. We may pay some reasonable return shipping charges as described on the CSCampus Sites. You are responsible for payment of all customs, duties, taxes and other charges in connection with Media being shipped to or from us.
3.3. You will not deliver to us, and we may refuse to accept any, damaged or defective Media or any Media not shipped in accordance with the Agreement (collectively, “Unsuitable Media”). We may return or dispose of any Unsuitable Media in accordance with Section 13.12 below (and you will be deemed to have consented to such action) if you fail to direct us to return or dispose of any Unsuitable Media within thirty (30) days after we notify you that we are in possession of it. In addition, you will reimburse us for any expenses we incur in connection with any Unsuitable Media.
3.4. You will bear the entire risk of loss of, or damage to, any Media (including Data) while in transit and you are solely responsible for obtaining insurance at your expense. We have no liability or responsibility with respect to any delay, damage or loss incurred during shipment, including loss of Data.
3.5. You will retain title to any Media we receive from you and store as part of Import/Export. You supply us with Media and Data entirely at your own risk. We are not responsible for and will not be held liable for any damage to Media or any loss of Data. Our confirmed receipt of delivery does not: (a) indicate or imply that any Media or Data has been delivered free of loss or damage, or that any loss or damage to any Media or Data later discovered occurred after confirmed receipt of delivery; (b) indicate or imply that we actually received the number of units of Media specified by you for such shipment; or (c) waive, limit or reduce any of our rights under the Agreement. We reserve the right to impose, and change, from time to time, volume limitations on the delivery of your Media, and you will comply with any of these restrictions or limitations.
3.6. You should back-up Data prior to delivery to us. Your Data should not include live or production data or any other data that you are not prepared to lose. For avoidance of doubt, Your Content includes Data.
3.7. You represent that you have all necessary rights to (a) provide the Media and Data to us for upload into supported storage Services and (b) authorize our transfer of any Data specified by you to the Media. You represent that import or export of the Media or Data to or from us does not require a license under the laws or regulations of any country.
3.8. We may reproduce Data as necessary to transfer it between Media and supported storage Services.
3.9. Use of Import/Export requires use of a supported storage Service. You are responsible for the separate fees you accrue for storage Services.
3.10. IN ADDITION TO THE DISCLAIMERS IN THE AGREEMENT, WE HEREBY DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE OR SHIPMENT OF MEDIA OR DATA BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS. YOU ARE SOLELY RESPONSIBLE FOR APPLYING APPROPRIATE SECURITY MEASURES TO YOUR DATA, INCLUDING ENCRYPTING SENSITIVE DATA.
3.11. In addition to your indemnification obligations under the Agreement, you agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys’ fees), arising out of or in connection with any claim arising out of (a) the Media (whether or not title has transferred to us) and Data, including any personal injury, death or property damage (including any damage caused by malicious or harmful code included in Data); (b) any sales, goods and services, use, excise, import, export, property, value added or other taxes or duties assessed or imposed on us or our affiliates in connection with or as a result of the storage, shipping or other actions by us taken with respect to the Media or Data; (c) any legal or regulatory violation, arising under the laws or regulations of any country, related to import or export of the Media or the Data.
3.12. Once Import/Export services are complete, we will return the Media to you. We may return Media to you for any reason, including upon termination of the Agreement or the Import/Export service. Returned Media will be sent to your designated shipping address. If we have an outdated, incorrect or prohibited address for you, we will notify you and you will have thirty (30) calendar days from the date we notify you to supply a substitute address. If you do not supply a substitute address within thirty (30) calendar days of notification, the Media will be deemed Unsuitable Media subject to disposal. We may dispose of Media in any manner and we have no obligation to reimburse or compensate your for any loss of Media or Data due to our disposal.
3.13. Notwithstanding anything to the contrary in the Agreement, you may give agents and subcontractors of your choosing access to the private key associated with your account solely for the purpose of (a) preparing Data for import or export using Import/Export or (b) confirming the integrity of Data imported or exported using Import/Export. You remain fully responsible for and indemnify us for all activities undertaken by such third parties under your account. Other than as specifically set forth in this section, all terms and conditions of the Agreement continues to apply to your use of the Services.
13.14. We will not act as the importer of record for your shipments of Media or Data.
4. VIRTUAL PRIVATE NETWORKS
4.1. You may only use VPNs to connect your computing resources to certain computing resources via a Virtual Private Network (VPN) connection.
4.2. Use of VPNs requires the use of other Services. You are responsible for all applicable fees associated with your use of other Services in connection with our VPN. When you transfer data between computing resources running inside our private clouds and computing resources running outside, you will be charged VPN data transfer rates in addition to any applicable Internet data transfer changes. VPN connection charges accrue during any time your VPN connection is in the “available” state.
4.3. You are solely responsible for the configuration, operation, performance and security of all equipment and computing resources you use with our VPN, including any gateways or other devices you use to connect to our VPN.
5. CSCAMPUS DNS SERVICE
5.1. You may use our DNS to answer Domain Name System (DNS) queries for your applications.
5.2. You will not create a hosted zone for a domain that you do not own or have authority over.
5.3. All DNS records used in connection with our DNS service will be publicly available and CSCampus will have no liability for disclosure of those DNS records.
6. STANDARD AND PREMIUM APPLICATIONS SUPPORT
6.1. We will provide “Support” in accordance with the terms of CSCampus Support Features page available at each product page (the “Guidelines”). Support is available only as described in the Guidelines. If you are experiencing problems with one or more Services in connection with your use of any Content that was provided to you by a third party (someone other than yourself or CSCampus) then CSCampus Support is not available.
6.2. In providing Support, CSCampus will use commercially reasonable efforts to (a) respond within the “Response Times” set forth in the Guidelines for all properly submitted cases from authorized individuals, and (b) work towards the identification and resolution of the problems submitted. When submitting a case, you may designate the severity level of a problem; provided that, we reserve the right to reclassify the severity level in our reasonable opinion. All Response Times are measured from the point when a case has been properly submitted by an authorized individual to us. Cases may be submitted as specified in the Guidelines. We do not represent, warrant or guarantee that (i) we will always be able to resolve a case fully, (ii) you will no longer experience a problem, (iii) we will provide a bug fix, patch or other workaround in connection with the identified problem, or (iv) any support or advice will result in any performance efficiency or improvement. You are solely responsible for the implementation and results of any suggestions or advice received.
6.3. Regardless of when you sign up or terminate any Support plan, you are obligated to pay for a minimum of thirty (30) days of support each time you register to receive the service. Implementation of any suggested configurations or improvements may result in additional fees and charges. We reserve the right to refuse to provide Support to any customer that frequently registers for and terminates the service.
7. CLOUD BACKUP
7.1 You may only use the backup client or cloud backup websites on computer equipment owned or controlled by you for your internal business purposes, solely to access Your Content used in connection with the Services. Your use of the cloud backup service is governed by the Cloud Backup License, located here: Cloud Backup License License Agreement