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 ITC 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, (a) “Your Content” includes any “Company Content” and any “Customer Content” and (b) “ITC Content” includes “ITC Properties”. 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 (including the applicable developer guides) as posted by us and updated by us from time to time on the ITC Site. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service (including the applicable developer guides) as posted by us and updated by us from time to time on the ITC Site.
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 (each, a “Special Pricing Program”). 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 (e.g., establishing multiple ITC accounts in order to receive additional benefits under a Special Pricing Program), 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 ITC Site (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.
1.9 If your Agreement does not include a provision on ITC Confidential Information, and you and ITC do not have an effective non-disclosure agreement in place, then you agree that you will not disclose ITC Confidential Information (as defined in the ITC Customer Agreement), except as required by law.
1.10 BETA SERVICE PARTICIPATION
1.10.1. This Section describes the additional terms and conditions under which you may access and use certain features, technologies and services made available to you by ITC that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Service”) or access and use Service Offerings available in ITC regions that are not generally available, including, but not limited to, any ITC regions identified by ITC as “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Region”). In the event there is a conflict between the terms of this Section 1.10 and an existing ITC Beta Test Participation Agreement between you and ITC, the terms of the existing ITC Beta Test Participation Agreement will take precedence.
1.10.2. During the term of the applicable Beta Service or Beta Region (as specified by ITC), you may: (a) access and use the Beta Service or Service Offerings in any Beta Region solely for internal evaluation purposes; and (b) install, copy, and use any related ITC Content that may be provided to you by ITC in connection with the Beta Service or Service Offerings in any Beta Region (“Beta Materials”) solely as necessary to access and use the Beta Service or Service Offerings in any Beta Region in the manner permitted by this Section.
1.10.3. You agree not to allow access to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials by any third party other than your employees and contractors who (i) have a need to use or access the Beta Service, Service Offerings in the Beta Region or Beta Materials in connection with your internal evaluation activities, and (ii) have executed written non-disclosure agreements obligating them to protect the confidentiality of non-public information regarding the Beta Service, Beta Region and Beta Materials.
1.10.4. You must comply with all policies and guidelines related to any Beta Service or Beta Region as posted on the ITC Site or otherwise made available to you, including the Privacy Policy, Acceptable Use Policy, the Service Terms, and any additional terms and conditions for a specific Beta Service or Beta Region. ITC may add or modify restrictions, including lowering or raising any usage limits, related to access to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials at any time. If requested by ITC, you will promptly increase or decrease your usage of the applicable Beta Service, Service Offerings in a Beta Region or Beta Materials to the levels that ITC may specify. Service Level Agreements do not apply to Beta Services or any Services Offerings in Beta Regions.
1.10.5. ITC may suspend or terminate your access to or use of any Beta Service or Service Offerings in any Beta Region at any time and for any reason. ITC may at any time cease providing any or all of any Beta Service or any Service Offering in a Beta Region in its sole discretion and without notice. Beta Services and Services Offerings in Beta Regions also may be unavailable and/or their performance may be negatively affected by scheduled and unscheduled maintenance. ITC will use reasonable efforts to notify you in advance of scheduled maintenance, but ITC is unable to provide advance notice of unscheduled or emergency maintenance.
1.10.6. In consideration of being allowed to access and use a Beta Service or Service Offering in a Beta Region, you agree to provide ITC with information relating to your access, use, testing, or evaluation of the Beta Service, Service Offerings in the Beta Region or any related Beta Materials, including observations or information regarding the performance, features and functionality of the Beta Service or any related Beta Materials as applicable, when and in the form reasonably requested by ITC (“Test Observations”). ITC will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of the Beta Service or Beta Region.
1.10.7. Each individual Beta Service and Service Offering in a Beta Region will automatically terminate upon the release of a generally available version of the applicable Beta Service or Service Offering in a Beta Region or upon notice of termination by ITC. Notwithstanding anything to the contrary in the Agreement or these Services Terms, either you or ITC may terminate your participation in a Beta Service or Service Offering in a Beta Region at any time for any reason upon notice to the other party. Notwithstanding anything to the contrary in the Agreement, after the conclusion of your participation in a Beta Service or Service Offering in a Beta Region for any reason, (a) you will not have any further right to access or use the applicable Beta Service or Service Offering in the Beta Region and Beta Materials; (b) your Content used in the applicable Beta Service or Service Offering in the Beta Region may be deleted or inaccessible; and © you will immediately return or, if instructed by ITC, destroy all Beta Materials or any other ITC Confidential Information related to the applicable Beta Service, Service Offering in any Beta Region or Beta Materials. If ITC releases a generally available version of a Beta Service or a Service Offering in a Beta Region, your access to and use of the generally available version will be subject to the Agreement and any separate Section of these Service Terms as may be specified for that generally available Service Offering. If any Beta Region becomes generally available, your access to and use of Service Offerings in the generally available ITC region will be subject to the terms and conditions applicable to that ITC region. ITC does not guarantee that any Beta Service or Service Offering in any Beta Region will ever be made generally available, or that any generally available version will contain the same or similar functionality as the version made available by ITC during the term of the Beta Service or Beta Region, as applicable. ITC does not guarantee that any Beta Region will become generally available.
1.10.8. Beta Materials, Test Observations, Suggestions concerning a Beta Service or Beta Region, or any other information about or involving (including the existence of) any Beta Service or Beta Region are considered ITC Confidential Information. You will not disclose (including, but not limited to, in a press release or public statement) any Beta Materials, Test Observations, Suggestions concerning a Beta Service, or any other information about or involving (including the existence of) any Beta Service, except as agreed by ITC in writing.
1.10.9. ADDITIONAL WARRANTY DISCLAIMERS. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, ITC IS PROVIDING THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS AND BETA MATERIALS TO YOU “AS IS.” ITC AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ITC AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ITC AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE BETA SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTHS PRECEDING THE CLAIM.
1.10.10. Because the Beta Services and Materials involve features, technologies and services that are not yet generally available, you acknowledge that any violation of this Section 1.10 could cause irreparable harm to ITC for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that ITC will have the right, in addition to its other rights and remedies, to seek injunctive relief for any violation of this Section 1.10.
1.10.11. You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark Test”) of the Service Offerings; provided, however, that you may not, and may not direct or permit third-parties to, disclose results or data produced from any Benchmark Test of a Service Offering, unless: (a) such disclosure includes all information necessary for us or any third-party to completely and accurately replicate the Benchmark Test; (b) you permit us to perform Benchmark Tests of your products or services and to disclose results or data produced from such Benchmark Tests, provided that such disclosure includes all information necessary for you or any third-party to completely and accurately replicate the Benchmark test; and © if you perform a Benchmark Test for a third-party, directly or indirectly, in exchange for consideration, you will identify the third-party and you represent and warrant that you have procured all rights necessary for us to perform Benchmark Tests of the third-party’s products or services and to disclose results or data produced from such Benchmark Tests.
2. SSL
2.1. Interfacing will apply a SSL certificate for your EPC Cloud instance. The SSL default certificate is a wildcard certificate (*.interfacing.com). For additional fees you may request a dedicated SSL certificate for the Services.
2.2. In special circumstance if you apply your own private domain and certificate, you must own or have all necessary rights to use any domain name or SSL certificate that you use in conjunction with ITC EPC CLOUD. You are solely responsible for the renewal, security and proper configuration of any SSL certificates that you provide for use with ITC EPC Cloud, including any disclosure of your SSL certificates to third parties.
2.4. ITC EPC Cloud Geo Restriction may utilize a third party geo-location database, which may not be accurate in all situations.
3. THIRD PARTY SOFTWARE
3.1 In conjunction with ITC EPC Cloud, you may use certain software (including related support, maintenance, and documentation) developed, owned or provided by third parties or their licensors. Use of third party software is subject to these additional terms and conditions:
3.1.1 Amazon Cloud Services. (Including all instances and instance types, hosts and other resources, dedicated, reserved or on-demand) and the Services, you agree to be bound by the terms and conditions of the AWS End User License Agreement and AWS Terms and Conditions located at aws.amazon.com.
3.2. 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”).
3.2.1. If you 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. Microsoft is an intended third-party beneficiary of this Section 3.2.1, with the right to enforce its provisions.
3.2.2. For any instance running Microsoft Software (each, a “Microsoft Instance”), you may not use nesting, container or similar technologies to sell or resell multiple instances, portion(s) of an instance, or containers running within the Microsoft Instance, unless (a) you are the ultimate end user of the Microsoft Instance, (b) you have supplemented the Microsoft Instance with your own applications, or © you have added primary and significant functionality to the Microsoft Instance.
4.0 NON-ITC PROVIDERS
4.1 ITC or third parties may make available third-party products or services, including, for example, Non-ITC Applications and implementation and other consulting services. Any acquisition by You of such products or services, and any exchange of data between You and any Non-ITC provider, product or service is solely between You and the applicable Non-ITC provider. ITC do not warrant or support Non-ITC Applications or other Non-ITC products or services, whether or not they are designated by us as “certified” or otherwise, unless expressly provided otherwise in an Order Form.
4.2 Non-ITC Applications and Your Data. If You choose to use a Non-ITC Application with a Service, You grant us permission to allow the Non-ITC Application and its provider to access Your Data as required for the interoperation of that Non-ITC Application with the Service. ITC are not responsible for any disclosure, modification or deletion of Your Data resulting from access by such Non-ITC Application or its provider.
4.3 Interoperation with Non-ITC Applications. The Services may contain features designed to interoperate with Non-ITC Applications. To use such features, You may be required to obtain access to such Non-ITC Applications from their providers, and may be required to grant us access to Your account(s) on such Non-ITC Applications. ITC cannot guarantee the continued availability of such Service features, and may cease providing them without entitling You to any refund, credit, or other compensation, if for example and without limitation, the provider of a Non-ITC Application ceases to make the Non-ITC Application available for interoperation with the corresponding Service features in a manner acceptable to Us.
5.0 PRIVATE INSTANCES
5.1 You may request that certain ITC EPC Cloud instances run on physically isolated host hardware dedicated to a single customer account (each requested instance, a “Private Instance”).
5.2 You may designate ITC EPC Cloud Private Instance as subject to the reservation pricing and payment terms (“EPC Cloud Private Instance Pricing”). The EPC Cloud Private Instance and may only be used in the designated availability zone. We may change EPC Cloud Private Instance Pricing at any time but price changes will not apply to previously designated EPC Cloud Private Instance Reservations, except as described in this Section 5.2. We may terminate the EPC Cloud Private Instance Pricing program at any time. EPC Cloud Private Instances are non-transferable. EPC Cloud Private Instance Reservations are non-cancellable and you will owe the EPC Cloud Private Instance Reservation Pricing for the duration of the term you selected, even if the Agreement is terminated. Private Instances associated to an active EPC Cloud Dedicated Host Reservation cannot be unallocated from your account, and you will continue to pay for the Private Instance while still associated with the EPC Cloud Private Instance Reservation. All amounts paid in connection with the EPC Cloud Private Instance Reservation are nonrefundable, except that if we terminate the Agreement other than for cause, terminate an individual EPC Cloud Private Instance type, or terminate the EPC Cloud Private Instance Reservation Pricing program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated EPC Cloud Private Instance Reservation. Upon expiration or termination of the term of an EPC Cloud Private Instance Reservation, the EPC Cloud Private Instance Reservation Pricing will expire and standard on-demand Dedicated Host prices will apply to the Private Instance. In addition to being subject to EPC Cloud Private Instance Reservation Pricing, EPC Cloud Private Instance Reservations are subject to all data transfer and other fees applicable under the Agreement.
5.3 Microsoft BYOL Licensing. Under this option, ITC EPC Cloud enables you to provision ITC EPC Cloud instances using your Microsoft Software and Microsoft Licenses (the “BYOL Program”). Unless otherwise specified in your agreement(s) with Microsoft, you can use this benefit only if you comply with the requirements here , and you (a) use Dedicated Instances or Dedicated Hosts; (b) launch from Virtual Machines (VMs) sourced from software binaries provided by you; and © run the instances within your designated ITC regions. You must be eligible to use the BYOL Program for the applicable Microsoft software under your agreement(s) with Microsoft. You are solely responsible for obtaining all required licenses and for complying with all applicable Microsoft licensing requirements, including the Product Use Rights/Product Terms. Further, you must have accepted Microsoft’s End User License Agreement (Microsoft EULA), and by using the Microsoft Software under the BYOL Program, you agree to the Microsoft EULA.
You agree that you have determined that your use of the BYOL Program will comply with the applicable Microsoft licensing requirements. Usage of the Services in violation of your agreement(s) with Microsoft is not authorized or permitted.
5.4 As part of using ITC EPC Cloud, you agree that your ITC EPC Cloud resources may be terminated or replaced due to failure, retirement or other ITC requirement(s). We have no liability whatsoever for any damages, liabilities, losses (including any corruption, deletion, or destruction or loss of data, applications or profits), or any other consequences resulting from the foregoing. THE USE OF ITC EPC CLOUD DOES NOT GRANT YOU, AND YOU HEREBY WAIVE, ANY RIGHT OF PHYSICAL ACCESS TO, OR PHYSICAL POSSESSION OF, ANY ITC SERVERS, EQUIPMENT, REAL OR PERSONAL PROPERTY, OR OTHER ASSETS.
6. AWS ELASTIC MAPREDUCE
6.1. We use AWS MapReduce to collect certain information about computing jobs you run using, including CPU utilization, memory usage, IO performance, and error and information messages.
6.2. We may throttle or terminate computing jobs that we determine degrade the performance of ITC EPC Cloud, the Services, or any component of the Services. We are not responsible for any monitoring data loss or data corruption that occurs as part of computing jobs.
7. AWS CLOUDWATCH AUTO SCALING
7.1. We may use CloudWatch to perform monitoring and auto-scaling functions in connection with supported Services. AWS CloudWatch enables Auto Scaling in connection with ITC EPC Cloud.
7.2. In connection with Auto Scaling, we may launch additional ITC EPC Cloud instances or terminate ITC EPC Cloud instances based on conditions we set.
7.3. AWS CloudWatch collects and stores certain information for the Services we are monitoring, including CPU utilization, data transfer, and disk usage and activity. AWS CloudWatch metric data is made available to us; we may delete CloudWatch metric data, without liability of any kind, at any time after the applicable retention period.
8. ELASTIC LOAD BALANCING
8.1. We may use Elastic Load Balancing to provide load balancing functionality in connection with ITC EPC Cloud. You may have ITC EPC Cloud instances running in all Availability Zones across which we want to balance loads with Elastic Load Balancing.
9. ITC VIRTUAL PRIVATE CLOUD (ITC VPC)
9.1. You may only use ITC VPC to connect your computing resources to certain ITC computing resources via a Virtual Private Network (VPN) connection.
9.2. Use of ITC VPC requires the use of other Services. You are responsible for all applicable fees associated with your use of other Services in connection with ITC VPC. When you transfer data between ITC computing resources running inside ITC VPC and ITC computing resources running outside ITC VPC, 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.
9.3. You are solely responsible for the configuration, operation, performance and security of all equipment and computing resources you use with ITC VPC, including any gateways or other devices you use to connect to ITC VPC.
10. MULTI-FACTOR AUTHENTICATION (MFA)
10.1. You may use MFA in connection with accessing your ITC EPC Cloud account.
10.2. Your use of MFA requires the use of other Services. You are responsible for all applicable fees associated with your use of other Services in connection with MFA.
10.3. You are solely responsible for the procurement and for the configuration, operation, performance and security of any hardware or non-ITC software that you use in connection with MFA, including any compatible authentication devices.
11. AWS RELATIONAL DATABASE SERVICE (AWS RDS)
11.1. We may use AWS RDS to store, query, retrieve and serve data and other content owned, licensed or lawfully obtained by you.
11.2. We may store snapshots of content for backup and disaster recovery purposes only. AWS RDS snapshots cannot be downloaded outside the Services.
11.3. We may terminate your AWS RDS database instance if you attempt to access or tamper with any software we pre-load on the database instance, including the operating system software running on the database instance.
11.4. We are responsible for configuring your backup retention period to give you enough time to recover data from your backups in the event of a hardware or file system failure.
12. USING MICROSOFT SOFTWARE
12.1 “License Included.” 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. SQL Server Web Edition may be used only to support public and Internet accessible Web pages, Web sites, Web applications or Web services. It may not be used to support line of business applications (e.g., Customer Relationship Management, Enterprise Resource Management and other similar applications).
12.2 License Mobility with Software Assurance (Bring Your Own License or BYOL). Under this option, ITC RDS enable you to provision Microsoft SQL Server Software to ITC EPC Cloud instances and use the management capabilities of ITC RDS for the SQL Server Software. You can use this benefit if only you meet the requirements and have signed up as described here.
12.3 Microsoft is an intended third-party beneficiary of this Section 12.3, with the right to enforce its provisions.
13. ITC EPC CLOUD SIMPLE NOTIFICATION SERVICE (ITC SNS)
13.1 You may only use ITC SNS to send notifications to parties who have agreed to receive notifications from you.
13.2. We may throttle or restrict notifications if we determine, in our sole discretion, that your activity may be in violation of the Acceptable Use Policy or the Agreement.
13.3. Your notifications sent through ITC SNS may be blocked, delayed or prevented from being delivered by destination servers and other reasons outside of our control and there is no warranty that the service or content will be uninterrupted, secure or error free or that notifications will reach their intended destination during any stated time-frame. In addition, you acknowledge that we may not be able to provide the service if a wireless carrier delivering ITC SNS notifications by short messaging service (SMS) terminates or suspends their service. Your payment obligations may continue regardless of whether delivery of your notifications are prevented, delayed or blocked.
13.4. You may not use ITC SNS to send SMS messages that include Premium Content (as defined in the Mobile Marketing Association Guidelines). You may not charge recipients for receiving ITC SNS notifications by SMS unless you have obtained the recipient’s express consent. You must advise recipients receiving ITC SNS notification by SMS that wireless carriers may charge the recipient to receive ITC SNS notifications by SMS. You must obtain our prior written consent before using ITC SNS to send SMS messages for:
Financial transactions or payment services (e.g., mobile banking, bill presentment, bill payment, money transfer, peer-to-peer payment or lending credit, debit or stored value payment services);
charitable programs (e.g., soliciting donations for a non-profit organization);
sweepstakes or contests; advertisements or promotions for commercial products, goods or services; or location-based services (e.g., where a recipient receives messages based on the geographical location of the recipient’s wireless device).
13.5. Any third party push notification platform that you use in connection with ITC SNS is Third Party Content under the Agreement, and features of ITC SNS that depend on such platforms may not be secure, uninterrupted or error-free. Your use of such push notification platform is subject to the platform’s terms and conditions, and you are solely responsible for complying with those terms and conditions. We may change, discontinue or deprecate support for a push notification platform for any reason at any time.
13.6. You and any of your applications that use ITC SNS must comply with all laws, rules, and regulations applicable in jurisdictions in which your applications are used.
13.7. Through your use of ITC SNS you will not: Transmit any material that contains viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs. Offer or purport to offer any Emergency Services. “Emergency Services” means services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services. Materially violate or facilitate the material violation of any local or foreign law, rule, regulation or order, including laws regarding the transmission of data or software. Transmit material that is sexually explicit, relates to “adult services”, or contains sensitive financial or identifying information (such as social security numbers) Resell, sublicense or timeshare the Services or use them on behalf of anonymous or other third parties. Use the Services in hazardous environments (such as operation of nuclear facilities, aircraft navigation, or any other use that may result in foreseeable risk of injury, death, or destruction of property).
14. ITC EPC CLOUD SIMPLE EMAIL SERVICE (ITC SES)
14.1. We take steps to increase the security and reliability of email you send, attempt to send, or receive using ITC SES (“ITC SES Email”). Like many email service providers, when you send, attempt to send, or receive an email, we (or our third-party providers) may store and scan your ITC SES Email and Your Content included in ITC SES Email. This helps us protect you and ITC SES by preventing and blocking “spam” e-mails, viruses and spyware, and other harmful or unwanted items from being sent and received over ITC SES.
14.2. Your use of ITC SES and all ITC SES Email must comply with the ITC Acceptable Use Policy and the Agreement. We may throttle, suspend or terminate your access to ITC SES, or block or decline to send and/or receive any ITC SES Email, if we determine in our sole discretion that our scan of ITC SES Email or Your Content included in ITC SES Email reveals abusive or low quality email (such as “spam”), ITC SES Email bounces back to us or we receive abuse complaints (including complaints from third parties) in connection with your ITC SES Email, the source or ReturnPath email address you have provided us for “address bounces” or complaints is not successfully receiving email, or your use of ITC SES Email does not comply with the ITC Acceptable Use Policy or the Agreement, or your ITC SES Emails or Your Content include an attachment in a format that we do not support.
14.3. Your ITC SES Emails may be blocked, delayed or prevented from being delivered by destination email servers and other reasons outside of our control. Your payment obligations continue regardless of whether delivery of your emails is prevented, delayed or blocked.
14.4. You are solely responsible for ensuring any emails you send and receive using ITC SES comply with the Federal CAN-SPAM Act. ITC is not the “sender” as defined in the Federal CAN-SPAM Act. You will not use ITC SES in connection with an open mail relay, including, without limitation, an open mail relay in the form of an SMTP server, unrestricted web form, or otherwise.
14.5. Your ITC SES Emails may be blocked, delayed or prevented from being received due to your configuration of the Service. You are solely responsible for the proper configuration of the Service to ensure the receipt of emails.
15. ITC EPC ClOUD IDENTITY AND ACCESS MANAGEMENT (ITC IAM)
15.1. You may use EPC Administration Console to create additional sets of security credentials (the “User Credentials”) under your ITC EPC Cloud Account, the format of which may include a username and password, roles, policies, permissions, access keys, etc. The User Credentials are subject to change: (a) by you through the EPC Administration Console, or (b) if we determine in our reasonable discretion that a change is necessary. We will promptly notify you of any change we make to the User Credentials.
15.2. You will ensure that all use of the Services under the User Credentials complies with the terms and conditions of the customer agreement between you and us that governs your use of the Services.
15.3. You are responsible for all applicable fees associated with use of the Services in connection with ITC IAM, including fees incurred as a result of any User Credentials. You are responsible for maintaining the secrecy and security of the User Credentials (other than any key that we expressly permit you to use publicly). You are solely responsible, and we have no liability, for any activities that occur under the User Credentials, regardless of whether such activities are undertaken by you, your employees, agents, subcontractors or customers, or any other third party. You are responsible for the creation, distribution, and security (including enabling of access) of all User Credentials created under your ITC account, including credentials that you have used ITC IAM to create or disclose to other parties.
15.4. Except as otherwise provided by ITC, you may only use User Credentials for your internal use and may not expose your User Credentials publicly. You may not sell, transfer or sublicense or authorize the creation of User Credentials (other than public use of any key that we expressly permit you to use publicly) to any other party; provided that, you may disclose or cause to be disclosed User Credentials to your agents or subcontractors that are performing services for you, solely to allow the agents or subcontractors to use the Services on your behalf in accordance with the agreement between you and us that governs your use of the Services.
15.5. Any third party identity provider that you use in connection with the Service Offerings is Third Party Content under the Agreement and may be provided directly to you by a third party under separate terms and conditions. You are solely responsible for complying with those terms and conditions. We may change, discontinue or deprecate support for an identity provider for any reason, including if the continued use of the identity service (a) poses a security or intellectual property issue, (b) is economically or technically burdensome, or © must be terminated to comply with the law or requests of governmental entities.
16. ITC EPC CLOUD SUBDOMAIN
16.1. The URL used in connection with your ITC EPC Cloud environment will have the formulation [yourcompanyname].interfacing.com or [yourcompanyname].interfacing.cloud. You will select the “yourcompanyname” portion of the URL and will not:
include any trademark of ITC or its affiliates, or a variant or misspelling of a trademark of ITC or its affiliates would be unsuitable; or otherwise violate the intellectual property rights of any third party or the ITC Acceptable Use Policy (including, without limitation, containing any offensive, harmful or illegal content). ITC may reject any URL that fails to comply with this Section. Further, ITC may modify any URL in order to make it compliant with this Section. In addition, ITC may treat any URL that fails to comply with this Section as Prohibited Content.
16.2. The [yourcompanyname] portion of the URL is reserved for you only during the time your application environment is running. If you stop running your application environment at any time, for any reason, the [yourcompanyname] portion of the URL you were using to run the application environment will no longer be available to you, and will be returned to a pool from which it may be used by another ITC customer.
17. ITC TEMPLATES AND REPORTS
17.1. ITC may make sample templates and reports available for you to use in connection with ITC EPC Cloud Services. All sample templates and reports are offered “as is” and may be adjusted without notice by ITC. You are solely responsible for your use of the sample templates and reports.
17.2. You may create or have ITC create custom templates and/or reports in connection with the ITC EPC Cloud Services. Additional fees will apply for custom templates & reports. Any templates you use in connection with ITC EPC Cloud Services must comply with the Agreement and the ITC Acceptable Use Policy and you are solely responsible for your use of any templates.
18. ITC SUPPORT
18.1. We will provide “Support” in accordance with the terms of ITC Support Guidelines (the “Guidelines”). ITC 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 ITC) then ITC Support is not available.
18.2. In providing ITC Support, ITC 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.
18.3. Unless otherwise set forth in the Guidelines, ITC Support fees will be the greater of (a) the specified minimum monthly fee, or (b) a percentage of your monthly usage charges for all Services during the billing period. Regardless of when you sign up or terminate ITC Support, 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 ITC Support to any customer that frequently registers for and terminates the service.
19. ITC HSM
19.1 As part of the ITC EPC Cloud Service, you may use HSMs as subject to the HSM pricing and payment terms (“EPC Cloud HSM Pricing”) additional fees. You have no ownership or rental rights in the specific HSM to which we provide you access in the course of providing the CloudHSM service.
19.2 In conjunction with the AWS CloudHSM service, you may be allowed to use certain software (including related documentation) developed and owned by SafeNet, Inc. or its licensors (collectively, the “SafeNet Software”). If you use the SafeNet Software, SafeNet and its licensors require that you agree to the additional terms and conditions located at http://cloudhsm-software.s3.amazonaws.com/008-010005-001_053110_sw_license_agreement.pdf.
19.3 You may not access, modify, update or tamper with, or attempt to access, modify, update or tamper with, any of the software installed on the HSM, except as expressly permitted by us.
19.4 Failure of an HSM can result in unrecoverable data loss. We do not implement fault tolerant configurations on your behalf. You are solely responsible for configuring your HSMs in appropriate fault tolerant configurations.
20. ITC EPC CLOUD ADMINISTRATION
20.1 You will need an ITC account to start using the Service Offering. Once you have enabled your account, End Users can be invited to join, sign up, and start using the Service Offering under your account without each one having a separate ITC EPC Cloud account.
20.2 You are responsible for paying the fees for use by you and your End Users of the Service Offering associated with your ITC EPC Cloud account.
20.3 Within the Service Offering, your End User accounts are managed by End Users with administrative privileges (“EPC Administrators”). These EPC Administrators can access information about the accounts of other End Users, such as when logged in, what security levels they have, etc. These EPC Administrators can also deactivate other End Users’ accounts or active session and control access to certain functionality.
20.4 We may limit the number of versions that you can store for each object. We will announce any change in limits to the number of versions that you may store in advance of implementing those limits.
20.5. If you have no End Users marked “Active” within ITC EPC Cloud Administrator Dashboard and have incurred no fees for ITC EPC Cloud, we may delete, without liability of any kind, your ITC EPC Cloud Account and Content that is stored in ITC EPC Cloud with no prior notice to you.
20.6 You and your End Users may not use the Service Offering to host any files that violate the ITC Acceptable Use Policy. If we determine, in our sole discretion, that your use of the Service Offering may be in violation of the ITC Acceptable Use Policy or the Agreement, then we may delete those files.
21. ITC PROFESSIONAL SERVICES
21.1 “ITC Professional Services” are advisory services and implementation assistance designed to help you use the Services. If ITC provides ITC Professional Services to you, then this Section 21 will apply. References to “Services” in the Agreement include ITC Professional Services.
21.2 To receive ITC Professional Services, you must sign a statement of work for each specific project, which will describe the project and may include additional terms and conditions applicable to the project (each, a “SOW”). Each SOW is made part of the Agreement. ITC or any of its affiliates may enter into SOWs with you. For the purposes of an SOW, references to “ITC” in the SOW and the Agreement will be interpreted as references to the ITC entity that signs the SOW. No ITC entity other than the ITC entity that signs the SOW has any obligations under such SOW. Any SOW (together with the Agreement as amended by such SOW) is intended by the parties as a final, complete and exclusive expression of the terms of their agreement and supersedes all prior agreements and understandings (whether oral or written) between the parties with respect to such subject matter. If there is a conflict between a SOW and this Section 21, and the SOW explicitly states that it intends to modify the conflicting terms, then the SOW will control.
21.3 Each SOW will show the charges for the ITC Professional Services that ITC will provide. Charges are exclusive of applicable taxes, duties and levies (e.g., VAT, GST, sales tax and use tax). Charges for ITC Professional Services are in addition to any applicable fees for your use of the other Services. ITC will invoice you monthly for the ITC Professional Services and you must pay all invoiced amounts in accordance with the terms of the Agreement. Payments for ITC Professional Services are not refundable.
21.4 You acknowledge that ITC does not provide legal or compliance advice. You are responsible for making your own assessment of your legal and regulatory requirements and whether your proposed use of the Services meets those requirements.
21.5 As stated in the Agreement, you are solely responsible for your use of Third Party Content, and this includes any Third Party Content recommended by ITC. Other than Third Party Content, Content that ITC provides as part of the ITC Professional Services is “ITC Content.” You are solely responsible for testing, deploying, maintaining and supporting Content provided or recommended by ITC.
21.6 Any materials or information that you own or license from a third party that is provided to ITC for the purposes of the ITC Professional Services are “Your Content.” If you choose to provide access to Your Content to ITC, then you will ensure that you have adequate rights and permissions to do so.
21.7 To the extent that there is a conflict between this Section 21 and any ITC Implementation Services Addendum between you and ITC, the terms of the ITC Implementation Services Addendum will control, and references to “Implementation Services” in that addendum include “ITC Professional Services.”
22. AWS MACHINE LEARNING
22.1 We may use AWS Machine Learning (“ITC AWS”) to optimize your Services.
22.2 We retain all rights to all improvements we make to any ITC websites or technologies, including any and all improvements resulting from or related to AWS ML processing Your Content.
22.3 We may delete, without liability of any kind, any ITC ML object that remains inactive for more than the number of days specified in the user documentation.
23. AWS INSPECTOR
23.1 We may use AWS Inspector to optimize your Services.
23.2 Some components of AWS Inspector are governed by open source software licenses identified in the notice file accompanying the AWS Inspector Agent. Your license rights with respect to these individual components are defined by the applicable open source software license.
23.3 AWS Inspector may retain and use information collected by the AWS Inspector Agent for up to 30 days for the purpose of troubleshooting or improving AWS Inspector.
23.4 While AWS Inspector facilitates the identification of security issues, we do not represent, warrant, or guarantee that your resources evaluated using AWS Inspector or altered based on recommendations made by AWS Inspector will be of a certain fidelity, error free, or comply with a particular security standard.
24. AWS MACIE
24.1 We may use AWS Macie to optimize your Services, you agree that ITC Macie can access, use and store Your Content to provide the services to you and to improve AWS Macie and ITC’ and its affiliates’ machine-learning, artificial-intelligence and similar functionality.
24.2 While ITC Macie facilitates the identification of security issues, we do not represent, warrant, or guarantee that resources evaluated using ITC Macie or findings by ITC Macie, including alerts, will be of certain fidelity, error free, or comply with a particular security standard.