Updated: October 19, 2020
The following Supplemental Terms apply only to the specific cloud Services to which these terms relate. In the event of a conflict between the terms of these Supplemental Terms and the terms of the Hybrid Technologies Service Exhibit (formerly known as the CenturyLink TS Service Exhibit), the terms and conditions of these Supplemental Terms apply, but only to the extent of such conflict. Capitalized terms used in these Supplemental Terms but not defined will have the meanings set forth in the Agreement.
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Universal CenturyLink Cloud Supplemental Terms
- Transfer of Undertakings: To the extent Services include the provision of resources on a committed basis, such that the provision of or subsequent expiry, cancellation or termination of the Services constitutes a transfer of undertakings within the meaning of the United Kingdom Transfer of Undertaking (Protection of Employment) Regulations 2006 and related legislation ("TUPE") or similar law or regulation in other jurisdictions, Customer agrees that the terms of Lumen’s standard TUPE Addendum will apply.
Lumen provided third party software
In conjunction with certain cloud Service types, you may be permitted to use certain software developed and owned by third parties (“Third Party Software”). The Customer’s election to use certain Third Party Software requires Lumen to pass through certain end user license terms and use of the applicable cloud Service type constitutes acceptance of the additional terms either identified blow or located at the applicable URL at the time of download.
Red Hat RHEL http://www.redhat.com/en/about/agreements
Geotrust (Linux & Windows)
Apache Httpd Open SSL, Web and Tomcat
In conjunction with the CenturyLink Cloud Services, you may elect to use certain software developed and owned by Microsoft or its licensors (collectively, “Microsoft Software”). If you choose to use the Microsoft Software, Microsoft and its licensors require that Customer agrees to these additional terms and conditions.
- Customer not remove, modify or obscure any copyright, trademark or other proprietary rights or notices that are contained in or on the Microsoft Software; or transfer or use the Microsoft Software outside of the Cloud Services.
- Microsoft disclaims, to the extent permitted by law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Cloud Services.
- Microsoft or its suppliers is not responsible for providing any technical support related to the Microsoft Software or the Cloud Services.
- The Microsoft Software is not fault-tolerant and is not guaranteed to be error free or to operate uninterrupted. Customer or any of its users do not have the right to use the Microsoft Software in any application or situation where the Microsoft Software’s failure or interruption could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Examples of High Risk Use include, but are not limited to: aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, or weaponry systems. High Risk Use does not include utilization of 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. Customer will indemnify and hold Lumen harmless from any third party claim arising out of use of the services in violation of this Section 3(d).
- Customer consents to the disclosure of certain Customer information, including by way of example name, address, product use by type.
- Lumen reserves the right to disconnect access to Microsoft Software if it becomes aware of or believes in good faith of any violation of these terms. In addition, Customer agrees to cooperate in good faith with Lumen to investigate and remedy the non-compliance.
Mobile Access to CenturyLink Cloud Services.
If applicable, authorized users may access certain CenturyLink Cloud Services through mobile applications obtained from third-party websites such as Android or Apple app store. The use of mobile applications may be governed by the terms and conditions presented upon download/access to the mobile application and not by the terms of the Agreement.
Intrusion Prevention Services (End of sale and for existing grandfathered customers only).
Intrusion Prevention Services (“IPS”) leverages software owned and developed by Trend Micro and its licensors. Customers use of IPS constitutes Customer’s acceptance to the following additional terms and conditions.
- Trend Micro may (i) use uploaded or collected data from installed Trend Micro software to improve products and services; (ii) share data that has been identified as malicious or unwanted content with affiliates and security partners; and (iii) use and disclose uploaded or collected data for analysis or reporting purposes only if any such use, sharing, or disclosure does not identify Lumen or Customer or include any information that can be used to identify any individual person.
- U.S. GOVERNMENT USE. Software and any accompanying documentation are “Commercial Items” developed exclusively at private expense, consisting of “Commercial Computer Software Product” and “Commercial Computer Software Product Documentation” (as such terms are defined in the applicable US federal government procurement regulations) and may only be transferred to the U.S. Government with the prior written consent of an officer of Trend Micro and solely with “Restricted Rights.”
- IPS may operate by forwarding certain data, including but not limited to URLs, IP addresses, contact information, email accounts, websites, files and network packets back to Lumen and/or Trend Micro owned or controlled servers for scanning (“Scanning Data”). Scanning Data does not include any type of medical, financial or personally identifiable information as defined under applicable law. These servers employ Trend Micro proprietary technology to identify and screen malicious or potentially unwanted contract based on user proscribed parameters. By utilizing this Service, Customer authorizes Lumen and Trend Micro to access the Scanning Data for the sole purpose of identifying and screening malicious or potentially unwanted content. This Service may entail the transfer of Scanning Data to servers outside of the jurisdiction where Customer is located. No scanning data is forward or transferred to or through China or any prohibited nation as defined by the US Department of Commerce.
- No SLA or SLO will apply to the IPS services. Lumen and its suppliers will use reasonable efforts to properly identify applications and files for detection, given the nature and volume of malicious and unwanted electronic content, Lumen and its suppliers cannot guarantee that the IPS service will properly detect or clean all applications and files that are malicious or that Customer does not use or want. In addition, Lumen and its suppliers cannot guarantee that use of the IPS Services will not cause certain files, applications, emails or other web content to be screened or blocked and that any rejected filed may be recoverable. Lumen and is suppliers exclude any and all liability and/or damages arising from or related to this section.
- Customer is solely responsible for complying with all applicable laws, including all applicable export laws and regulations related to the IPS service.
- By electing to use the IPS service, Customer expressly consents to the use of any uploaded, collected or Scanned Data and the processing or transfer of any such data by Trend Micro in or to the United States. It is Customer’s responsibility to ensure that it has obtained all requisite consents and to comply with applicable law with respect to data processing and transfers across jurisdictions.
Cloud Application Manager
Any Cloud Application Manager services purchased as a part of CenturyLink Cloud are governed by the then current Cloud Application Manager Services Schedule, Service Guide and Supplemental Terms.
Marketplace Provider Program (capitalized terms are defined in the Marketplace Provider Agreement).
- These Marketplace Provider Program supplemental terms and conditions shall apply to Customers voluntarily participating in the Marketplace Provider Program (fka “Cloud Marketplace Provider Program”). Customers that elect to participate in the Marketplace Provider Program may alternately be referred to as “Providers” for the purpose of delineating these program terms. The Provider must agree to the terms of the Marketplace Provider Agreement.
- A CenturyLink Cloud Customer who elects to purchase any Provider Products authorizes Lumen, its affiliates, and its third-party payment processors and any third-party resellers to charge the payment method selected for Lumen Services for Provider Products purchased in the Lumen Marketplace. This may include one-time payments as well as metered payments. A “metered payment” is a payment that occurs at the specified intervals at value measured by the CenturyLink Cloud Services platform. Authorizations for these charges will remain until cancelled. Customers may cancel Provider Product subscriptions at any time by logging into the CenturyLink Cloud Services and stopping usage of the Provider Product. In addition, Customer agrees that Lumen has no liability whatsoever to Customer arising out of or resulting from Customer’s voluntary election to purchase Provider Products. Lumen’s role is solely to bill for such products as a convenience to Customer and Provider.
- Lumen may from time-to-time offer or make available certain features or applications noted as a pre-release version (each, a “Beta Service”). All Beta Services active and accessible with the Cloud Services are collectively known as the “Beta Program”. Customer’s participation in any Beta Services and the Beta Program is voluntary. Beta Services may be made available at no cost or subject to applicable fees. Given the pre-release nature of beta services, not all Beta Services may be documented in the current version of the Service Guide.
- The Service Level Agreement (“SLA”) generally applicable to Cloud Services is not applicable to any Beta Services made available as part of a Beta Program.
- This Section will not apply to any Beta Service(s) as of the date that Lumen elects to make the feature or application generally available in accordance with the Cloud Schedule.
- CUSTOMER ACKNOWLEDGES AND AGREES THAT THE BETA SERVICE IS DESIGNATED AS A “PRE-RELEASE” OR “BETA” SERVICE, IS NOT A FULLY TESTED SERVICE OFFERING, AND HAS NOT BEEN COMPLETED ACCORDING TO LUMEN’S NORMAL DEVELOPMENT PROCEDURES. THE BETA SERVICE MAY CONTAIN BUGS, MAY NOT OPERATE PROPERLY OR PERFORM ALL INTENDED FUNCTIONS, AND MAY CAUSE ERRORS, DATA LOSS OR OTHER PROBLEMS. CUSTOMER ACCEPTS THE BETA SERVICE ON AN “AS IS”, “AS AVAILABLE” BASIS, WITH “ALL FAULTS”. LUMEN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE BETA SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONTAINED IN THE APPLICABLE AGREEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BETA SERVICE(S) REMAINS SOLELY WITH THE CUSTOMER. NEITHER LUMEN NOR ANY OF ITS SUPPLIERS WILL BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO USE OF THE BETA SERVICES, THE CLOUD SERVICES OR YOUR PARTICIPATION IN THE BETA PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, LOSS OF TIME OR BUSINESS), WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT OR OTHERWISE, AND REGARDLESS OF WHETHER LUMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S SOLE REMEDY FOR ANY FAILURE BY LUMEN TO PROVIDE THE BETA SERVICES OR ANY DAMAGES OR LIABILITY ARISING THEREFROM IS TO DISCONTINUE OR DISCONNECT THE BETA SERVICES.
Please note: Network Exchange Service is not currently available in Latin America.
Where available, Customer’s use of CenturyLink Cloud entitles Customer to the provisioning and use of Network Exchange Service. Use of Network Exchange is subject to the Network Exchange Supplemental Terms and the Service Level Agreement.