IaaS Terms of Use Addendum


Link Cloud Services – Infrastructure as a Service (IaaS) Terms of Use Addendum

 

Effective as of September 1, 2013.

This IaaS Cloud Service terms of use addendum (“IaaS Cloud Service Terms of Use Addendum”) sets forth the terms and conditions relating to Your use of Link ’s Infrastructure as a Service Cloud Service (“IaaS Cloud Services”), all of which are incorporated in and form an integral part of the Link Cloud Services Terms of Service (“TOS”).  All capitalized terms used in this IaaS Cloud Service Terms of Use Addendum shall have the meaning set forth in the TOS unless otherwise expressly provided.

 

1.         General. 

Our IaaS Cloud Services are designed to meet the needs of various types of Customers.  Certain IaaS Cloud Services are custom services designed solely for individual Customer use, while others are designed for general commercial use, as determined by Us.  Please use the appropriate IaaS Cloud Service to suit Your needs.  If You have any questions regarding which IaaS Cloud Service is right for You, please contact Us at Cloud@LinkBermuda.com

 

2.         Billing for IaaS Services

2.1       Servers.  The hourly price for a server is based on the server’s Virtual Processor Unit(s) (“VPU”) and Memory configurations while the server is Powered On, and the hourly price for system storage configurations while the server is In Use.  The total server usage fees during a given Billing Cycle are the sum of all hourly server billing samples at their configured unit price.  For the purposes of billing all individual server usage fees will be rounded up to the nearest $0.01.  Any server Powered On for less than a full sixty (60) minute interval will be rounded up to an hour for the purposes of determining hourly usage.  The unit price for each standard configuration option is located at http://LinkBermuda.com/cloudpricing.aspx.

2.2       Additional Storage.  Additional storage while In Use shall be based on monthly unit pricing.  The total external storage usage fees are the sum of the Peak Use gigabytes of external storage usage times the unit price for all servers In Use during a given Billing Cycle.  For the purposes of billing the external storage usage fees per server will be rounded up to the nearest $0.01.  The monthly unit price for the Peak Use of additional storage is located at http://LinkBermuda.com/cloudpricing.aspx.

2.3       Bandwidth.  The total bandwidth usage fees during a given Billing Cycle is the sum of all chargeable gigabytes transferred out of Customer’s public IP addresses times the unit price for bandwidth.  For the purposes of billing bandwidth, usage will be rounded up to the nearest gigabyte.  Billing for bandwidth usage fees may continue to accumulate regardless of the number of servers In Use if You have one or more In Use public IP address(es).  The unit price for bandwidth is located at http://LinkBermuda.com/cloudpricing.aspx.

 

3.      Link IaaS Access Services Terms and Conditions

3.1.      Link’s IaaS Services are available via the Internet.  You can purchase Internet services directly from LinkBermuda if You desire (“Cloud Internet Service”).  You may also be able to purchase a private Cloud connection from LinkBermuda subject to availability at Your location (“Cloud Connect Service”).  If You are interested in signing up for Cloud Connect Service You should contact Us at Cloud@LinkBermuda.com.  Cloud Internet Service and Cloud Connect Service are collectively referred to as the “IaaS Access Services.”  If You register to use either Our Cloud Internet Service or Cloud Connect Service You will be subject to the terms and conditions set forth in this Section 3. 

3.2.      You may not resell Our IaaS Access Service to any third party or permit any third party to use Our IaaS Access Service or any Link Equipment.  You shall not allow the IaaS Access Service to be used, modified or adapted to transmit voice on the public telecommunications system of any local or foreign telecommunications provider and shall not connect to the public switched telephone network (“PSTN”) at either the local or the distant end.  You shall only use the IaaS Access Service and any Link Equipment in compliance with the AUP.  Any Link Equipment provided to You for use with Your IaaS Access Service shall be subject to the TOS, including without limitation Section 5 thereof.  You shall be solely responsible for providing for any security or privacy that You may desire for Your computer network and any data stored on Your network or accessed through the IaaS Access Service.  You acknowledge and assume all liabilities relating to, and risks associated with, unauthorized access by a third party via the Our IaaS Access Service to Your computer network and data.

3.3.      Your right to use the IaaS Access Services does not allow You or constitute any right or  license to You to copy, reproduce, distribute, or otherwise use any proprietary information provided or accessible through the IaaS Access Service.

3.4.      We will provide You with a range of Internet Protocol addresses (“IP Addresses”) for Your use in connection with the IaaS Access Service.  Data is forwarded from LinkBermuda to Customer using static routing protocol.  Title to the IP Addresses shall at all times remain with Us and accordingly, the IP Addresses are not transferable to You or any third party.  If in Our sole determination You fail to fully utilize all of the assigned IP addresses We may withdraw any underutilized IP Address from You.  We may change Your IP addresses upon fifteen (15) days notice.  Your assigned IP Addresses are intended for Your exclusive use and You shall keep the IP Addresses secure from unauthorized use.  You are solely responsible for any usage of the IaaS Access Service and the Internet, including posting, downloading, and making additions, deletions and changes made via Your assigned IP Addresses, whether conducted with Your authorization or knowledge.  You shall immediately notify Us, and subsequently confirm in writing as soon as possible thereafter, if You becomes aware of or suspects that the security of a Your assigned IP Address has been broken.  Upon receipt of such notice, We shall either issue You a replacement IP Address or take such other reasonable measures as We deem appropriate in the circumstances.

3.5.      If the IaaS Access Service includes Us assisting You with the application for obtaining a domain name for You through the local administrator, You agree that all local administrator charges shall be directly billed to You.

 

4.      Charges and Payment for IaaS Access Services. 

4.1     Cloud Internet Service Fees.  The total Cloud Internet Service usage fees payable by You shall equal the sum of the amount of Internet data transferred from Your cloud environment to the Internet.  You will be charged for Your Cloud Internet Service usage fees on a monthly basis.  In addition, each month You will be charged for the number of Public IP Addresses In Use unit times the unit price during a given Billing Cycle.  Any public IP address or Internet service In Use for less than a full sixty (60) minute interval will be rounded up to an hour for the purposes of determining hourly usage.  Billing for In Use public IP addresses and/or Internet services may continue to accumulate regardless of the number of servers In Use by Customer.  The unit price for public IP addresses and Cloud Internet Services usage are located at http://LinkBermuda.com/cloudpricing.aspx.

4.2     Cloud Connect Service Fees.  The total Cloud Connect Service usage fees payable by You shall equal the sum of the amount of Internet data transferred from Your cloud environment to the Customer’s location charged on a monthly basis.  In addition, each month You will be charged for the number of Public IP Addresses In Use unit times the unit price during a given Billing Cycle.  Any public IP address or Internet service In Use for less than a full sixty (60) minute interval will be rounded up to an hour for the purposes of determining hourly usage.  Billing for In Use public IP addresses and/or Internet services may continue to accumulate regardless of the number of servers In Use by Customer. The unit price for public IP addresses and Internet services usage are located at http://LinkBermuda.com/pricing.aspx.

 

5.         Third Party Licensing

5.1       Using Microsoft Software. 

5.1.1  As part of the IaaS Cloud Services provided to You, You may be allowed to use certain software (included related documentation) developed and owned by Microsoft Corporation or its licensors.  This software is neither sold nor distributed to You and You may use it solely as part of the IaaS Cloud Services.  You may not transfer it outside the IaaS Cloud Services.  Microsoft is not responsible for providing any support in connection with the IaaS Cloud Services.  Do not contact Microsoft for support.  We may change the prices charged to Customer for such Microsoft Software Products on thirty (30) days prior written notice due to increases in the prices charged by the software provider.

5.1.2   With reference to Microsoft Software Products, You hereby agree to comply with all terms and conditions set forth in the “Customer License - Terms Notice Regarding Use of Microsoft Software Products” as of the date hereof with respect to such Microsoft Software Products as found at http://www.microsoft.com/serviceproviders/licensing/default.mspx  and to otherwise cooperate with Us to use the Microsoft Software Products only as authorized by Microsoft.  You may request a copy of the Microsoft terms from Us at any time.  You acknowledge that the terms of use may change based on changes to the services solution or unidentified requirements associated with custom solutions.

 

6.         Termination for Convenience; Abandoned or Dormant Accounts.  

You may terminate Your IaaS Cloud Service and for any reason at Your convenience.  If You do not use Your IaaS Cloud Service account or it remains dormant for a period of twelve (12) months Your IaaS Cloud Service account will be deemed cancelled and We may immediately terminate Your account and erase all IaaS Cloud Service account data without notice to the You.

 

7.         IaaS Cloud Service – Service Level Agreement (“IaaS SLA”). 

Your use of the IaaS Cloud Services is subject to the terms and conditions of Our IaaS SLA which is posted at http://LinkBermuda.com/Legal.aspx.  The IaaS SLA shall be Your sole and exclusive remedy for any unavailability or non-performance of IaaS Cloud Services.