Independent Backup. Unless specifically otherwise agreed to in an applicable Quote, Client must maintain an independent backup of all files that are sent to either the cloud or a data backup service. A backup solution must be in place, with backup copies stored off-site. It is the Client’s responsibility to verify that backups are made regularly, as well as the integrity of the backups. Provider shall not be held liable in the event of data loss, backup software failure, backup selection, backup hardware failure, backup media failure, or backup system failure even in the event that Provider was tasked to perform the backups. Client will be solely responsible for all lost data if it has not maintained an adequate independent backup. Provider is not responsible for criminal acts of third parties, including but not limited to intrusions or unauthorized access of any kind, hackers, phishers, crypto-locker, and any network environment subject to ▇▇▇▇▇▇. You agree to pay ▇▇▇▇▇▇ or hold provider harmless for any activity effecting network security on your environment related to third-party criminal activity. Any costs or fees to rebuild or service machines are provided and sold separately by Provider. Anti-virus solution must be in place, updated, with valid update subscription. Provider is not responsible for any harm that may be cause by Client’s access to third party application programming interfaces or the execution or transmission of malicious code or similar occurrences, including without limitation, disabling devices, drop dead devices, time bombs, trap doors, Trojan horses, worms, viruses and similar mechanisms. Any costs or fees to rebuild or service machines are provided and sold separately by Provider. All Client virtual machine data shall belong to Client. However, Client agrees that all virtual machines and configurations of Client’s network shall belong to Provider as Provider’s Intellectual Property, and Provider will not transfer to Client any virtual machines or information regarding configurations. Client also agrees to keep information regarding Provider’s virtual machines and configurations confidential. In addition to its other confidentiality obligations under an applicable Service Attachment, Provider shall not use, edit or disclose to any party other than Client any Client Data (defined below), except as otherwise requested by Client, or required by court order or applicable law. For purposes of this provision, all data stored on the virtualized machines assigned to Client, including locally stored personal data of individual employees, will be considered Client Data by Provider. As between Provider and Client, all Client Data is owned exclusively by Client. Client Data constitutes Confidential Information subject to the terms of the MSA. Provider may access Client's User accounts, including Client Data, solely to respond to service or technical problems or otherwise at Client's request.
Appears in 1 contract
Sources: Master Services Agreement
Independent Backup. Unless specifically otherwise agreed to in an applicable QuoteService Order or Schedule of Services, Client must maintain an independent backup of all files that are sent to either the cloud or a data backup service. A backup solution must be in place, with backup copies stored off-site. It is the Client’s responsibility to verify that backups are made regularly, as well as the integrity of the backups. Provider shall not be held liable in the event of data loss, backup software failure, backup selection, backup hardware failure, backup media failure, or backup system failure even in the event that Provider was tasked to perform the backups. Client will be solely responsible for all lost data if it has not maintained an adequate independent backup. Provider is not responsible for criminal acts of third parties, including but not limited to intrusions or unauthorized access of any kind, hackers, phishers, crypto-locker, and any network environment subject to ▇▇▇▇▇▇. You agree to pay ▇▇▇▇▇▇ or hold provider harmless for any activity effecting network security on your environment related to third-party criminal activity. Any costs or fees to rebuild or service machines are provided and sold separately by Provider. Anti-virus solution must be in place, updated, with valid update subscription. Provider is not responsible for any harm that may be cause by Client’s access to third third-party application programming interfaces or the execution or transmission of malicious code or similar occurrences, including without limitation, disabling devices, drop dead devices, time bombs, trap doors, Trojan horses, worms, viruses and similar mechanisms. Any costs or fees to rebuild or service machines are provided and sold separately by Provider. All Client virtual machine data shall belong to Client. However, Client agrees that all virtual machines and configurations of Client’s network shall belong to Provider as Provider’s Intellectual Property, and Provider will not transfer to Client any virtual machines or information regarding configurations. Client also agrees to keep information regarding Provider’s virtual machines and configurations confidential. In addition to its other confidentiality obligations under an applicable Service AttachmentOrder or Schedule of Services, Provider shall not use, edit or disclose to any party other than Client any electronic data or information stored by Provider, or transmitted to Provider, using the Services (“Client Data (defined belowData”), except as otherwise requested by Client, or required by court order or applicable law. For purposes of this provision, all data stored on the virtualized machines assigned to Client, including locally stored personal data of individual employees, will be considered Client Data by Provider. As between Provider and Client, all Client Data is owned exclusively by Client. Client Data constitutes Confidential Information subject to the terms of the MSA. Provider may access Client's User accounts, including Client Data, solely to respond to service or technical problems or otherwise at Client's request.
Appears in 1 contract
Sources: Master Services Agreement
Independent Backup. Unless specifically otherwise agreed in to in an applicable QuoteOrder, Client must maintain an independent backup of all files that are sent to either the cloud or a data backup service. A backup solution must be in place, with backup copies stored off-site. It is the Client’s responsibility to verify that backups are made regularly, as well as the integrity of the backups. Provider shall not be held liable in the event of data loss, backup software failure, backup selection, backup hardware failure, backup media failure, or backup system failure even in the event that Provider was tasked to perform the backups. Client will be solely responsible for all lost data if it has not maintained an adequate independent backup. Provider is not responsible for criminal acts of third parties, including but not limited to intrusions or unauthorized access of any kind, hackers, phishers, crypto-locker, and any network environment subject to ▇▇▇▇▇▇. You agree to pay ▇▇▇▇▇▇ or hold provider harmless for any activity effecting network security on your environment related to third-party criminal activity. Any costs or fees to rebuild or service machines are provided and sold separately by Provider. Anti-virus solution must be in place, updated, with valid update subscription. Provider is not responsible for any harm that may be cause by Client’s access to third party application programming interfaces or the execution or transmission of malicious code or similar occurrences, including without limitation, disabling devices, drop dead devices, time bombs, trap doors, Trojan horses, worms, viruses and similar mechanisms. Any costs or fees to rebuild or service machines are provided and sold separately by Provider. All Client virtual machine data shall belong to Client. However, Client agrees that all virtual machines and configurations of Client’s network shall belong to Provider as Provider’s Intellectual Property, and Provider will not transfer to Client any virtual machines or information regarding configurations. Client also agrees to keep information regarding Provider’s virtual machines and configurations confidential. In addition to its other confidentiality obligations under an applicable Service Attachment, Provider shall not use, edit or disclose to any party other than Client any Client Data (defined below), except as otherwise requested by Client, or required by court order or applicable law. For purposes of this provision, all data stored on the virtualized machines assigned to Client, including locally stored personal data of individual employees, will be considered Client Data by Provider. As between Provider and Client, all Client Data is owned exclusively by Client. Client Data constitutes Confidential Information subject to the terms of the MSA. Provider may access Client's User accounts, including Client Data, solely to respond to service or technical problems or otherwise at Client's request.
Appears in 1 contract
Sources: Master Services Agreement