Common use of Internet Access Services Clause in Contracts

Internet Access Services. 4.1 Customer’s use of the Internet access Services and that of its customers, personnel or other end-users shall at all times comply with QTS’s then current Acceptable Use Policy and Privacy Policy (“Acceptable Use Policy”), as amended by QTS from time-to-time and which is available through the QTS portal. QTS will notify Customer of complaints received by QTS regarding each incident of alleged violation of QTS’s Acceptable Use Policy, whether by Customer or third parties that has gained access to the Service through Customer. Customer will require its customers, personnel and other end-users to comply with the Acceptable Use Policy. Customer agrees that it will promptly investigate all such complaints and take all reasonably necessary actions to remedy and to prevent any further violation of QTS’s Acceptable Use Policy. Customer agrees that QTS may identify to the complainant that Customer or a third party is investigating the matter and QTS may provide the complainant with the necessary information to contact Customer directly to resolve the complaint. Customer shall identify a representative for the purposes of receiving such communications. QTS reserves the right to install and use, or to require Customer to install and use, any appropriate devices to prevent violations of QTS’s Acceptable Use Policy, including devices designed to filter or terminate access to the Services. If QTS is notified of any allegedly infringing, defamatory, damaging, obscene, pornographic, illegal, or offensive use, content or activity. QTS may (but shall not be required to) investigate the allegation, or refer it to Customer or a third party for investigation QTS reserves the right to remove or require the removal of the illegal or objectionable content from the Web page or any other text or item linked to the Internet, and require Customer DocuSign Envelope ID: E1BCFA37-AFOC-4AFB-9CFB-17EA315E5802 to cease (or cause its users to cease) all illegal activities or use. If Customer refuses such requirements, QTS may, at its option, immediately remove the subject Web page or other text or item from the Internet, suspend the Services provided hereunder, and/or terminate this Agreement, all without limiting any other remedies available to QTS, and QTS shall not be liable to Customer or any other person as a result of any such action. 4.2 Customer shall diligently comply with the notice and takedown procedures of the Digital Millennium Copyright Act. 4.3 Unless specifically provided for in a separate Addendum, QTS does not provide, and Customer shall indemnify, defend and hold QTS harmless from any and all Losses arising from or relating to, user or access security with respect to any of the Customer’s facilities (or facilities of others as provided by Customer) for which QTS is not expressly responsible for hereunder, and Customer shall be solely responsible for user/access security and network access to customer’s facilities. QTS does not provide any service to detect or identify any security breach of Customer’s websites, databases or facilities, except as may be set forth in a separate written agreement between Customer and QTS. 4.4 Unless specifically provided for in a separate Addendum, QTS does not perform any tests employing tools and techniques intended to gain unauthorized access to Customer’s environment (“Internet Intrusion Testing”). Customer shall indemnify, defend, and hold QTS for any Losses incurred in connection with any Internet Intrusion Testing by Customer or any third party acting on Customer’s behalf. 4.5 Unless otherwise agreed in writing by QTS, QTS shall not be responsible for the installation, removal, operation, maintenance or replacement of any Customer Equipment. 4.6 The parties understand and agree that use of telecommunications and data communications networks and the Internet may not be secure and that connection to and transmission of data and information over the Internet and such facilities provides the opportunity for unauthorized access to computer systems, networks, and all data stored therein. Information and data transmitted through the internet or stored on any equipment through which Internet information is transmitted may not remain confidential and QTS does not make any representation or warranty regarding privacy, security, authenticity, and non-corruption or destruction of any such information. QTS does not warrant that the Services or Customer’s use will be uninterrupted, error-free, or secure. QTS shall not be responsible for any adverse consequence or loss whatsoever to Customer’s (or its users’ or subscribers’) use of the Internet. Use of any information transmitted or obtained by Customer using the QTS network or the Internet is at Customer’s own risk. QTS is not responsible for the accuracy of information obtained through its network, including as a result of failure of performance, error, omission, interruption, corruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information or facilities, or malfunctioning of websites. QTS does not control the transmission or flow of data to or from QTS’s network and other portions of the Internet. Such transmissions and/or flow depend in part on the performance of telecommunications and/or internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet. QTS does not represent or warrant that such events will not occur and QTS disclaims any and all liability resulting from or related to such acts or omissions. 4.7 Customer may not resell IP addresses, IP numbers, or IP from a QTS provided leased line, including, without limitation, serial line Internet protocol (SLIP) or point-to-point protocol (PPP) dial=up accounts, point-to-point leased lines, switched packet leased lines, or any TCP/IP transmission that uses resources on QTS’s network without the prior written consent of QTS and such account addresses are not portable. Customer shall own its own registered domain names and shall disclose any private or proxy domain name registrations to QTS immediately on request. 4.8 To the extent Customer orders any Service designated as “Burstable” (meaning Customer has the ability to use Services in excess of the Committed Data Rate), Customer will be billed for (a) the Committed Data Rate, and (b) the Excess Use at the price per Mbps set forth in the Order. Customer’s use will be sampled in five-minute inbound and outbound averages during each month. At the end of the month in which such use is measured, the top five percent (5%) of the inbound and outbound averages shall be discarded. The highest of the resulting ninety-five percent (95%) for inbound and outbound averages will be compared to the Committed Data Rate, and if that ninety-fifth percentile (95) of traffic is higher than the Committed Data Rate, the difference between the highest of either average and the Committed Data Rate shall be the “Excess Use”. 4.9 If Customer is an international, federal, state, or local governmental agency, the purchase order submitted by Customer shall contain the following language: DocuSign Envelope ID: E1BCFA37-AFOC-4AFB-9CFB-17EA315E5802

Internet Access Services. 4.1 Customer’s use of the Internet access Services and that of its customers, personnel or other end-users shall at all times comply with QTS’s then current Acceptable Use Policy and Privacy Policy (“Acceptable Use Policy”), as amended by QTS from time-to-time and which is available through the QTS portal. QTS will notify Customer of complaints received by QTS regarding each incident of alleged violation of QTS’s Acceptable Use Policy, whether by Customer or third parties that has gained access to the Service through Customer. Customer will require its customers, personnel and other end-users to comply with the Acceptable Use Policy. Customer agrees that it will promptly investigate all such complaints and take all reasonably necessary actions to remedy and to prevent any further violation of QTS’s Acceptable Use Policy. Customer agrees that QTS may identify to the complainant that Customer or a third party is investigating the matter and QTS may provide the complainant with the necessary information to contact Customer directly to resolve the complaint. Customer shall identify a representative for the purposes of receiving such communications. QTS reserves the right to install and use, or to require Customer to install and use, any appropriate devices to prevent violations of QTS’s Acceptable Use Policy, including devices designed to filter or terminate access to the Services. If QTS is notified of any allegedly infringing, defamatory, damaging, obscene, pornographic, illegal, or offensive use, content or activity. , QTS may (but shall not be required to) investigate the allegation, or refer it to Customer or a third party for investigation investigation. QTS reserves the right to remove or require the removal of the illegal or objectionable content from the Web page or any other text or item linked to the Internet, and require Customer DocuSign Envelope ID: E1BCFA37-AFOC-4AFB-9CFB-17EA315E5802 to cease (or cause its users to cease) all illegal or objectionable activities or use. If Customer refuses such requirements, QTS may, at its option, immediately remove the subject Web page or other text or item from the Internet, suspend the Services provided hereunder, and/or terminate this Agreement, all without limiting any other remedies available to QTS, and QTS shall not be liable to Customer or any other person as a result of any such action. 4.2 Customer shall diligently comply with the notice and takedown procedures of the Digital Millennium Copyright Act. 4.3 Unless specifically provided for in a separate Addendum, QTS does not provide, and Customer shall indemnify, defend and hold QTS harmless from any and all Losses arising from or relating to, user or access security with respect to any of the Customer’s facilities (or facilities of others as provided by Customer) for which QTS is not expressly responsible for hereunderothers, and Customer shall be solely responsible for user/access security and network access to customerCustomer’s facilities. QTS does shall not provide any service to detect or identify any security breach of Customer’s websites, databases or facilities, except as may be set forth in a separate written agreement between Customer and QTS. 4.4 4.3 Unless specifically provided for in a separate Addendum, QTS does not perform any tests employing tools and techniques intended to gain unauthorized access to Customer’s environment (“Internet Intrusion Testing”). Customer shall indemnify, defend, and hold QTS for any Losses incurred in connection with any . Internet Intrusion Testing by Customer Customer, or any third party acting on Customer’s behalfbehalf require Customer to indemnify QTS pursuant to the Master Space Agreement. 4.5 4.4 Unless otherwise agreed in writing by QTS, QTS shall not be responsible for the installation, removal, operation, maintenance or replacement of any equipment or Customer Equipment. 4.6 4.5 The parties understand and agree that use of telecommunications and data communications networks and the Internet may not be secure and that connection to and transmission of data and information over the Internet and such facilities provides the opportunity for unauthorized access to computer systems, networks, and all data stored therein. Information and data transmitted through the internet Internet or stored on any equipment through which Internet information is transmitted may not remain confidential and QTS does not make any representation or warranty regarding privacy, security, authenticity, and non-corruption or destruction of any such information. QTS does not warrant that the Services or Customer’s use will be uninterrupted, error-free, or secure. QTS shall not be responsible for any adverse consequence or loss whatsoever to Customer’s (or its users’ or subscribers’) use of the Internet. Use of any information transmitted or obtained by Customer using the QTS network or the Internet is at Customer’s own risk. QTS is not responsible for the accuracy of information obtained through its network, including as a result of failure of performance, error, omission, interruption, corruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information or facilities, or malfunctioning of websites. QTS does not control the transmission or flow of data to or from QTS’s network and other portions of the Internet. Such transmissions and/or flow depend in part on the performance of telecommunications and/or internet Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet. QTS does not represent or warrant that such events will not occur and QTS disclaims any and all liability resulting from or related to such acts or omissions. 4.7 4.6 Customer may not resell IP addresses, IP numbers, or IP accounts from a QTS provided leased line, including, without limitation, serial line Internet protocol (SLIPSUP) or point-to-point protocol (PPP) dial=-up accounts, point-to-point leased lines, switched packet leased lines, or any TCP/IP transmission that uses resources on QTS’s network without the prior written consent of QTS and such account addresses are not portable. Customer shall own its own registered domain names and shall disclose any private or proxy domain name registrations to QTS immediately on requestnames. 4.8 4.7 To the extent Customer orders any Service designated as “Burstable” (meaning Customer has the ability to use Services in excess of the Committed Data Rate), Customer will be billed for (a) the Committed Data Rate, and (b) the Excess Use at the price per Mbps set forth in the Order. Customer’s use will be sampled in five-minute inbound and outbound averages during each month. At the end of the month in which such use is measured, the top five percent (5%) of the inbound and outbound averages shall be discarded. The highest of the resulting ninety-five percent (95%) for inbound and outbound averages will be compared to the Committed Data Rate, and if that ninety-fifth percentile (95%) of traffic is higher than the Committed Data Rate, the difference between the highest of either average and the Committed Data Rate shall be the “Excess Use”. 4.9 4.8 If Customer is an international, federal, state, or local governmental agency, the purchase order submitted by Customer shall contain the following language: DocuSign Envelope ID: E1BCFA37-AFOC-4AFB-9CFB-17EA315E5802:

Internet Access Services. 4.1 Customer’s use of the Internet access Services and that of its customers, personnel or other end-users shall at all times comply with QTS’s QUALITYTECH’S then current Acceptable Use Policy and Privacy Policy (“Acceptable Use Policy”), as amended by QTS QUALITYTECH from time-to-time to time and which is available through the QTS portalQUALITYTECH’S website (w▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇). QTS QUALITYTECH will notify Customer of complaints received by QTS QUALITYTECH regarding each incident of alleged violation of QTS’s QUALITYTECH’S Acceptable Use Policy, whether by Customer or third parties that has gained access to the Service through Customer. Customer will require its customers, personnel and other end-users to comply with the Acceptable Use Policy. Customer agrees that it will promptly investigate all such complaints and take all reasonably necessary actions to remedy and to prevent any further violation of QTS’s QUALITYTECH’S Acceptable Use Policy. Customer agrees that QTS QUALITYTECH may identify to the complainant that Customer or a third party is investigating the matter and QTS QUALITYTECH may provide the complainant with the necessary information to contact Customer directly to resolve the complaint. Customer shall identify a representative for the purposes of receiving such communications. QTS QUALITYTECH reserves the right to install and use, or to require Customer to install and use, any appropriate devices to prevent violations of QTS’s QUALITYTECH’S Acceptable Use Policy, including devices designed to filter or terminate access to the Services. If QTS QUALITYTECH is notified of any allegedly infringing, defamatory, damaging, obscene, pornographic, illegal, or offensive use, content or activity. QTS , QUALITYTECH may (but shall not be required to) investigate the allegation, or refer it to Customer or a third party for investigation QTS investigation. QUALITYTECH reserves the right to remove or require the removal of the illegal or objectionable content from the Web page or any other text or item linked to the Internet, and require Customer DocuSign Envelope ID: E1BCFA37-AFOC-4AFB-9CFB-17EA315E5802 to cease (or cause its users to cease) all illegal or objectionable activities or use. If Customer refuses such requirements, QTS QUALITYTECH may, at its option, immediately remove the subject Web page or other text or item from the Internet, suspend the Services provided hereunder, and/or terminate this Agreement, both subject to the terms of the Master Services Agreement all without limiting any other remedies available to QTSQUALITYTECH, and QTS QUALITYTECH shall not be liable to Customer or any other person as a result of any such action. 4.2 Customer shall diligently comply with the notice and takedown procedures of the Digital Millennium Copyright Act. 4.3 Unless specifically provided for in a separate Addendum, QTS QUALITYTECH does not provide, and Customer shall indemnify, defend and hold QTS QUALITYTECH harmless from any and all Losses arising from or relating tofrom, user or access security with respect to any of the Customer’s facilities (or facilities of others as provided by Customer) for which QTS is not expressly responsible for hereunderothers, and Customer shall be solely responsible for user/access security and network access to customerCustomer’s facilities. QTS does QUALITYTECH shall not provide any service to detect or identify any security breach of Customer’s websites, databases or facilities, except as may be set forth in a separate written agreement between Customer and QTSQUALITYTECH. 4.4 4.3 Unless specifically provided for in a separate Addendum, QTS QUALITYTECH does not perform provide any tests employing tools and techniques intended to gain unauthorized access to Customer’s environment (“Internet Intrusion Testing”). Further, in the event Customer shall indemnifyelects in its sole discretion, defendto perform Internet Intrusion Testing itself, or to utilize the services of any third-party to perform Internet Intrusion Testing, Customer agrees to execute, and hold QTS for any Losses incurred in connection with any have the third party tester execute, QUALITYTECH’s Standard Internet Intrusion Test Indemnification document. Internet Intrusion Testing by Customer Customer, or any third party acting on Customer’s behalfbehalf require Customer to indemnify QUALITYTECH pursuant to the Master Service Agreement. 4.5 4.4 Unless otherwise agreed in writing by QTSQUALITYTECH, QTS QUALITYTECH shall not be responsible for the installation, removal, operation, maintenance or replacement of any equipment or Customer Equipment. 4.6 4.5 The parties understand and agree that use of telecommunications and data communications networks and the Internet may not be secure and that connection to and transmission of data and information over the Internet and such facilities provides the opportunity for unauthorized access to computer systems, networks, and all data stored therein. Information and data transmitted through the internet Internet or stored on any equipment through which Internet information is transmitted may not remain confidential and QTS QUALITYTECH does not make any representation or warranty regarding privacy, security, authenticity, and non-corruption or destruction of any such information. QTS QUALITYTECH does not warrant that the Services or Customer’s use will be uninterrupted, error-free, or secure. QTS QUALITYTECH shall not be responsible for any adverse consequence or loss whatsoever to Customer’s (or its users’ or subscribers’) use of the Internet. Use of any information transmitted or obtained by Customer using the QTS QUALITYTECH network or the Internet is at Customer’s own risk. QTS QUALITYTECH is not responsible for the accuracy or Quality Tech of information obtained through its network, including as a result of failure of performance, error, omission, interruption, corruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information or facilities, or malfunctioning of websites. QTS QUALITYTECH does not control the transmission or flow of data to or from QTSQUALITYTECH’s network and other portions of the Internet. Such transmissions and/or flow depend in part on the performance of telecommunications and/or internet Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet. QTS QUALITYTECH does not represent or warrant that such events will not occur and QTS QUALITYTECH disclaims any and all liability resulting from or related to such acts or omissions. 4.7 4.6 Customer may not resell IP addresses, IP numbers, or IP accounts from a QTS QUALITYTECH provided leased line, including, without limitation, serial line Internet protocol (SLIP) or point-to-point protocol (PPP) dial=-up accounts, point-to-point leased lines, switched packet leased lines, or any TCP/IP transmission that uses resources on QTSQUALITYTECH’s network without the prior written consent of QTS QUALITYTECH and such account addresses are not portable. Customer shall own its own registered domain names and shall disclose any private or proxy domain name registrations to QTS immediately on requestnames. 4.8 4.7 To the extent Customer orders any Service designated as “Burstable” (meaning Customer has the ability to use Services in excess of the Committed Data Rate), Customer will be billed for (a) the Committed Data Rate, and (b) the Excess Use at the price per Mbps set forth in the Order. Customer’s use will be sampled in five-minute inbound and outbound averages during each month. At the end of the month in which such use is measured, the top five percent (5%) of the inbound and outbound averages shall be discarded. The highest of the resulting ninety-five percent (95%) for inbound and outbound averages will be compared to the Committed Data Rate, and if that ninety-fifth percentile (95%) of traffic is higher than the Committed Data Rate, the difference between the highest of either average and the Committed Data Rate shall be the “Excess Use”. 4.9 4.8 If Customer is an international, federal, state, or local governmental agency, the purchase order submitted by Customer shall contain the following language: DocuSign Envelope ID: E1BCFA37-AFOC-4AFB-9CFB-17EA315E5802:

Internet Access Services. 4.1 Customer’s use of the Internet access Services and that of its customers, personnel or other end-users shall at all times comply with QTS’s then current Acceptable Use Policy and Privacy Policy (“Acceptable Use Policy”), as amended by QTS from time-to-time and which is available through the QTS portal. QTS will notify Customer of complaints received by QTS regarding each incident of alleged violation of QTS’s Acceptable Use Policy, whether by Customer or third parties that has gained access to the Service through Customer. Customer will require its customers, personnel and other end-users to comply with the Acceptable Use Policy. Customer agrees that it will promptly investigate all such complaints and take all reasonably necessary actions to remedy and to prevent any further violation of QTS’s Acceptable Use Policy. Customer agrees that QTS may identify to the complainant that Customer or a third party is investigating the matter and QTS may provide the complainant with the necessary information to contact Customer directly to resolve the complaint. Customer shall identify a representative for the purposes of receiving such communications. QTS reserves the right to install and use, or to require Customer to install and use, any appropriate devices to prevent violations of QTS’s Acceptable Use Policy, including devices designed to filter or terminate access to the Services. If QTS is notified of any allegedly infringing, defamatory, damaging, obscene, pornographic, illegal, or offensive use, content or activity. QTS may (but shall not be required to) investigate the allegation, or refer it to Customer or a third party for investigation QTS reserves the right to remove or require the removal of the illegal or objectionable content from the Web page or any other text or item linked to the Internet, and require Customer - 2 - CONFIDENTIAL Quality Investment Properties Metro Colocation Addendum v6.0 DocuSign Envelope ID: E1BCFA37-AFOC-4AFB-9CFB-17EA315E5802 to cease (or cause its users to cease) all illegal activities or use. If Customer refuses such requirements, QTS may, at its option, immediately remove the subject Web page or other text or item from the Internet, suspend the Services provided hereunder, and/or terminate this Agreement, all without limiting any other remedies available to QTS, and QTS shall not be liable to Customer or any other person as a result of any such action. 4.2 Customer shall diligently comply with the notice and takedown procedures of the Digital Millennium Copyright Act. 4.3 Unless specifically provided for in a separate Addendum, QTS does not provide, and Customer shall indemnify, defend and hold QTS harmless from any and all Losses arising from or relating to, user or access security with respect to any of the Customer’s facilities (or facilities of others as provided by Customer) for which QTS is not expressly responsible for hereunder, and Customer shall be solely responsible for user/access security and network access to customer’s facilities. QTS does not provide any service to detect or identify any security breach of Customer’s websites, databases or facilities, except as may be set forth in a separate written agreement between Customer and QTS. 4.4 Unless specifically provided for in a separate Addendum, QTS does not perform any tests employing tools and techniques intended to gain unauthorized access to Customer’s environment (“Internet Intrusion Testing”). Customer shall indemnify, defend, and hold QTS for any Losses incurred in connection with any Internet Intrusion Testing by Customer or any third party acting on Customer’s behalf. 4.5 Unless otherwise agreed in writing by QTS, QTS shall not be responsible for the installation, removal, operation, maintenance or replacement of any Customer Equipment. 4.6 The parties understand and agree that use of telecommunications and data communications networks and the Internet may not be secure and that connection to and transmission of data and information over the Internet and such facilities provides the opportunity for unauthorized access to computer systems, networks, and all data stored therein. Information and data transmitted through the internet or stored on any equipment through which Internet information is transmitted may not remain confidential and QTS does not make any representation or warranty regarding privacy, security, authenticity, and non-corruption or destruction of any such information. QTS does not warrant that the Services or Customer’s use will be uninterrupted, error-free, or secure. QTS shall not be responsible for any adverse consequence or loss whatsoever to Customer’s (or its users’ or subscribers’) use of the Internet. Use of any information transmitted or obtained by Customer using the QTS network or the Internet is at Customer’s own risk. QTS is not responsible for the accuracy of information obtained through its network, including as a result of failure of performance, error, omission, interruption, corruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information or facilities, or malfunctioning of websites. QTS does not control the transmission or flow of data to or from QTS’s network and other portions of the Internet. Such transmissions and/or flow depend in part on the performance of telecommunications and/or internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet. QTS does not represent or warrant that such events will not occur and QTS disclaims any and all liability resulting from or related to such acts or omissions. 4.7 Customer may not resell IP addresses, IP numbers, or IP from a QTS provided leased line, including, without limitation, serial line Internet protocol (SLIP) or point-to-point protocol (PPP) dial=up accounts, point-to-point leased lines, switched packet leased lines, or any TCP/IP transmission that uses resources on QTS’s network without the prior written consent of QTS and such account addresses are not portable. Customer shall own its own registered domain names and shall disclose any private or proxy domain name registrations to QTS immediately on request. 4.8 To the extent Customer orders any Service designated as “Burstable” (meaning Customer has the ability to use Services in excess of the Committed Data Rate), Customer will be billed for (a) the Committed Data Rate, and (b) the Excess Use at the price per Mbps set forth in the Order. Customer’s use will be sampled in five-minute inbound and outbound averages during each month. At the end of the month in which such use is measured, the top five percent (5%) of the inbound and outbound averages shall be discarded. The highest of the resulting ninety-five percent (95%) for inbound and outbound averages will be compared to the Committed Data Rate, and if that ninety-fifth percentile (95) of traffic is higher than the Committed Data Rate, the difference between the highest of either average and the Committed Data Rate shall be the “Excess Use”. 4.9 If Customer is an international, federal, state, or local governmental agency, the purchase order submitted by Customer shall contain the following language: “Notwithstanding any provisions to the contrary on the face of this purchase order or on any attachments to this purchase order, this purchase order is being used for administrative purposes only, and this order is placed under and subject solely to the terms and conditions of the QTS Master Space Agreement and Addendum for Colocation and Internet Access, executed between Customer and QTS.” CONFIDENTIAL Quality Investment Properties Metro Colocation Addendum v6.0 DocuSign Envelope ID: E1BCFA37-AFOC-4AFB-9CFB-17EA315E5802

Internet Access Services. 4.1 Customer’s use of the Internet access Services and that of its customers, personnel or other end-users shall at all times comply with QTSQUALITYTECH’s then current Acceptable Use Policy and Privacy Policy (“Acceptable Use Policy”), as amended by QTS QUALITYTECH from time-to-time to time and which is available through the QTS portalQUALITYTECH’s website (▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇). QTS QUALITYTECH will notify Customer of complaints received by QTS QUALITYTECH regarding each incident of alleged violation of QTSQUALITYTECH’s Acceptable Use Policy, whether by Customer or third parties that has gained access to the Service through Customer. Customer will require its customers, personnel and other end-users to comply with the Acceptable Use Policy. Customer agrees that it will promptly investigate all such complaints and take all reasonably necessary actions to remedy and to prevent any further violation of QTSQUALITYTECH’s Acceptable Use Policy. Customer agrees that QTS QUALITYTECH may identify to the complainant that Customer or a third party is investigating the matter and QTS QUALITYTECH may provide the complainant with the necessary information to contact Customer directly to resolve the complaint. Customer shall identify a representative for the purposes of receiving such communications. QTS QUALITYTECH reserves the right to install and use, or to require Customer to install and use, any appropriate devices to prevent violations of QTSQUALITYTECH’s Acceptable Use Policy, including devices designed to filter or terminate access to the Services. If QTS QUALITYTECH is notified of any allegedly infringing, defamatory, damaging, obscene, pornographic, illegal, or offensive use, content or activity. QTS , QUALITYTECH may (but shall not be required to) investigate the allegation, or refer it to Customer or a third party for investigation QTS investigation. QUALITYTECH reserves the right to remove or require the removal of the illegal or objectionable content from the Web page or any other text or item linked to the Internet, and require Customer DocuSign Envelope ID: E1BCFA37-AFOC-4AFB-9CFB-17EA315E5802 to cease (or cause its users to cease) all illegal or objectionable activities or use. If Customer refuses such requirements, QTS QUALITYTECH may, at its option, immediately remove the subject Web page or other text or item from the Internet, suspend the Services provided hereunder, and/or terminate this Agreement, both subject to the terms of the Master Services Agreement all without limiting any other remedies available to QTSQUALITYTECH, and QTS QUALITYTECH shall not be liable to Customer or any other person as a result of any such action. 4.2 Customer shall diligently comply with the notice and takedown procedures of the Digital Millennium Copyright Act. 4.3 Unless specifically provided for in a separate Addendum, QTS QUALITYTECH does not provide, and Customer shall indemnify, defend and hold QTS QUALITYTECH harmless from any and all Losses arising from or relating tofrom, user or access security with respect to any of the Customer’s facilities (or facilities of others as provided by Customer) for which QTS is not expressly responsible for hereunderothers, and Customer shall be solely responsible for user/access security and network access to customerCustomer’s facilities. QTS does QUALITYTECH shall not provide any service to detect or identify any security breach of Customer’s websites, databases or facilities, except as may be set forth in a separate written agreement between Customer and QTSQUALITYTECH. 4.4 4.3 Unless specifically provided for in a separate Addendum, QTS QUALITYTECH does not perform provide any tests employing tools and techniques intended to gain unauthorized access to Customer’s environment (“Internet Intrusion Testing”). Further, in the event Customer shall indemnifyelects in its sole discretion, defendto perform Internet Intrusion Testing itself, or to utilize the services of any third-party to perform Internet Intrusion Testing Customer agrees to execute, and hold QTS for any Losses incurred in connection with any have the third party tester execute, QUALITYTECH’s Standard Internet Intrusion Test Indemnification document. Internet Intrusion Testing by Customer Customer, or any third party acting on Customer’s behalfbehalf require Customer to indemnify QUALITYTECH pursuant to the Master Service Agreement. 4.5 4.4 Unless otherwise agreed in writing by QTSQUALITYTECH, QTS QUALITYTECH shall not be responsible for the installation, removal, operation, maintenance or replacement of any equipment or Customer Equipment. 4.6 4.5 The parties understand and agree that use of telecommunications and data communications networks and the Internet may not be secure and that connection to and transmission of data and information over the Internet and such facilities provides the opportunity for unauthorized access to computer systems, networks, and all data stored therein. Information and data transmitted through the internet Internet or stored on any equipment through which Internet information is transmitted may not remain confidential and QTS QUALITYTECH does not make any representation or warranty regarding privacy, security, authenticity, and non-corruption or destruction of any such information. QTS QUALITYTECH does not warrant that the Services or Customer’s use will be uninterrupted, error-free, or secure. QTS QUALITYTECH shall not be responsible for any adverse consequence or loss whatsoever to Customer’s (or its users’ or subscribers’) use of the Internet. Use of any information transmitted or obtained by Customer using the QTS QUALITYTECH network or the Internet is at Customer’s own risk. QTS QUALITYTECH is not responsible for the accuracy or Quality Tech of information obtained through its network, including as a result of failure of performance, error, omission, interruption, corruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information or facilities, facilities or malfunctioning of websites. QTS QUALITYTECH does not control the transmission or flow of data to or from QTSQUALITYTECH’s network and other portions of the Internet. Such transmissions and/or flow depend in part on the performance of telecommunications and/or internet Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet. QTS QUALITYTECH does not represent or warrant that such events will not occur and QTS QUALITYTECH disclaims any and all liability resulting from or related to such acts or omissions. 4.7 4.6 Customer may not resell IP addresses, IP numbers, or IP accounts from a QTS QUALITYTECH provided leased line, including, without limitation, serial line Internet protocol (SLIP) or point-to-point protocol (PPP) dial=-up accounts, point-to-point leased lines, switched packet leased lines, or any TCP/IP transmission that uses resources on QTSQUALITYTECH’s network without the prior written consent of QTS QUALITYTECH and such account addresses are not portable. Customer shall own its own registered domain names and shall disclose any private or proxy domain name registrations to QTS immediately on requestnames. 4.8 4.7 To the extent Customer orders any Service designated as “Burstable” (meaning Customer has the ability to use Services in excess of the Committed Data Rate), Customer will be billed for (a) the Committed Data Rate, and (b) the Excess Use at the price per Mbps set forth in the Order. Customer’s use will be sampled in five-minute inbound and outbound averages during each month. At the end of the month in which such use is measured, the top five percent (5%) of the inbound and outbound averages shall be discarded. The highest of the resulting ninety-five percent (95%) for inbound and outbound averages will be compared to the Committed Data Rate, and if that ninety-fifth percentile (95%) of traffic is higher than the Committed Data Rate, the difference between the highest of either average and the Committed Data Rate shall be the “Excess Use”. 4.9 4.8 If Customer is an international, federal, state, or local governmental agency, the purchase order submitted by Customer shall contain the following language: DocuSign Envelope ID: E1BCFA37-AFOC-4AFB-9CFB-17EA315E5802: