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PRODUCT TERMS
(Intensive® Service Level Guarantees)
In addition to the General Terms and Conditions, your use of the Hosting Services (Intensive) is subject to the following additional terms and conditions:
1. ADDITIONAL DEFINED TERMS
Some words used in these Product Terms (Intensive Service Level Guarantees) have particular meanings:
"Hosting Services" means Rackspace’s provision for your use of the Hosted System described in the Services Description.
"Personally Identifiable Information" or "PII" means: a combination of any information that identifies an individual with that individual’s sensitive and non-public financial, health or other data or attribute, such as a combination of the individual’s name, address, or phone number with the individual’s national insurance number or other government issued number, financial account number, date of birth, address, biometric data, mother’s maiden name, or other "Personal Data" or "Special Categories of Data" as defined in the Directive 95/46/EC and the Data Protection Act 1998.
"Service Commencement Date" means the date on which we provide the access codes that enable you to send and receive information from your Hosted System.
"Support" means: (i) the management of the Hosting Service by a service delivery team that includes a team leader, account manager, and support specialists with training and experience in hosted systems; (ii) availability of live support twenty four (24) hours per day, seven (7) days per week, year round; (iii) any specific support services described in the Services Description; and (iv) use of the MyRackspace® customer portal.
2. DEPLOYMENT GUARANTEE
Unless otherwise stated in the Hosting Services Agreement, Rackspace does not guarantee a deployment timeframe but will use reasonable endeavours to deploy the server(s) as described in your Services Description (the "Server(s)") promptly. Rackspace may, from time to time, agree to provide a guaranteed deployment timeframe (a "Deployment Guarantee") for an additional fee. Where such Deployment Guarantee is agreed, Rackspace will deploy the Server(s) by the date stated in the Hosting Services Agreement, provided that you promptly provide all information that we reasonably request from you to complete deployment. Servers are deemed deployed as of the time that Rackspace generates an email message to you that includes the information needed to allow you to transfer information to and from the Server(s). Your sole and exclusive remedy for our failure to meet the Deployment Guarantee shall be a credit equal to the amount of the fee paid for the Deployment Guarantee service. You are not entitled to a credit if you request or cause the deployment delay. This Deployment Guarantee does not apply to any software, other managed services, or hardware devices other than the Server(s). If you request (orally or in writing) that we deploy your servers by a specific date or on an "expedited" basis for no additional fee, then the Deployment Guarantee shall not apply, and we commit only to using reasonable endeavours to deploy the Server(s) by the date requested.
3. ENCRYPTION OF PERSONALLY IDENTIFIABLE INFORMATION
The General Terms and Conditions require you to use reasonable security precautions in light of your use of the Services. For Hosting Services, this includes encrypting any PII transmitted to or from, or stored on, the Rackspace servers or storage devices you use.
4. SERVICE LEVEL GUARANTEES
4.1 Support
4.1.1 Support Requests. Rackspace live support will be available twenty four (24) hours per day, seven (7) days per week, year round. You may request support by opening a support ticket via your MyRackspace portal or by calling your account team.
4.1.2 Response Times. We will respond to your support requests made via ticket or telephone within the following time frames:
(Intensive® Service Level Guarantees)
In addition to the General Terms and Conditions, your use of the Hosting Services (Intensive) is subject to the following additional terms and conditions:
1. ADDITIONAL DEFINED TERMS
Some words used in these Product Terms (Intensive Service Level Guarantees) have particular meanings:
"Hosting Services" means Rackspace’s provision for your use of the Hosted System described in the Services Description.
"Personally Identifiable Information" or "PII" means: a combination of any information that identifies an individual with that individual’s sensitive and non-public financial, health or other data or attribute, such as a combination of the individual’s name, address, or phone number with the individual’s national insurance number or other government issued number, financial account number, date of birth, address, biometric data, mother’s maiden name, or other "Personal Data" or "Special Categories of Data" as defined in the Directive 95/46/EC and the Data Protection Act 1998.
"Service Commencement Date" means the date on which we provide the access codes that enable you to send and receive information from your Hosted System.
"Support" means: (i) the management of the Hosting Service by a service delivery team that includes a team leader, account manager, and support specialists with training and experience in hosted systems; (ii) availability of live support twenty four (24) hours per day, seven (7) days per week, year round; (iii) any specific support services described in the Services Description; and (iv) use of the MyRackspace® customer portal.
2. DEPLOYMENT GUARANTEE
Unless otherwise stated in the Hosting Services Agreement, Rackspace does not guarantee a deployment timeframe but will use reasonable endeavours to deploy the server(s) as described in your Services Description (the "Server(s)") promptly. Rackspace may, from time to time, agree to provide a guaranteed deployment timeframe (a "Deployment Guarantee") for an additional fee. Where such Deployment Guarantee is agreed, Rackspace will deploy the Server(s) by the date stated in the Hosting Services Agreement, provided that you promptly provide all information that we reasonably request from you to complete deployment. Servers are deemed deployed as of the time that Rackspace generates an email message to you that includes the information needed to allow you to transfer information to and from the Server(s). Your sole and exclusive remedy for our failure to meet the Deployment Guarantee shall be a credit equal to the amount of the fee paid for the Deployment Guarantee service. You are not entitled to a credit if you request or cause the deployment delay. This Deployment Guarantee does not apply to any software, other managed services, or hardware devices other than the Server(s). If you request (orally or in writing) that we deploy your servers by a specific date or on an "expedited" basis for no additional fee, then the Deployment Guarantee shall not apply, and we commit only to using reasonable endeavours to deploy the Server(s) by the date requested.
3. ENCRYPTION OF PERSONALLY IDENTIFIABLE INFORMATION
The General Terms and Conditions require you to use reasonable security precautions in light of your use of the Services. For Hosting Services, this includes encrypting any PII transmitted to or from, or stored on, the Rackspace servers or storage devices you use.
4. SERVICE LEVEL GUARANTEES
4.1 Support
4.1.1 Support Requests. Rackspace live support will be available twenty four (24) hours per day, seven (7) days per week, year round. You may request support by opening a support ticket via your MyRackspace portal or by calling your account team.
4.1.2 Response Times. We will respond to your support requests made via ticket or telephone within the following time frames:
| Severity Level | Example | Response Time | Response Update Frequency |
|---|---|---|---|
| Emergency: | Server, switch, or site down. You cannot access your server or site from the public Internet. | Within fifteen (15) minutes. | Every sixty (60) minutes. If not resolved in one hundred and twenty (120) minutes, then Director of Operations will assume direct responsibility. |
| Urgent: | Server or site functioning improperly or at less than optimal performance. Your server or site is accessible but in a reduced state (timeouts or slow response) | Within one (1) hour. | Every one hundred and twenty (120) minutes. |
| Standard: | Non-critical; server or site is functioning normally, but you require information or assistance, wish to schedule maintenance, or any other non-immediate tasks. Your site is functioning with acceptable parameters, but you require assistance in loading software or have a help desk-type question. | Within four (4) hours. | Every two hundred and forty ( 240) minutes. |
We will respond to you via support ticket, telephone call, or both depending upon the severity of the situation and consistent with any procedures we have established with you for your account.
4.1.3 Remedy. If we fail to meet the response time guarantees stated in this Section 4.1, you are entitled to a credit of £100 per event, up to 100% of your monthly recurring fee for the affected Hosted System for any calendar month. The response time guarantees stated above do not apply to support requests made via email.
4.2 Data Centre
4.2.1 Power. A/C power to the outbound port on your serving power distribution unit (PDU) will be available one hundred per cent (100%) of the time.
4.2.2 HVAC (Heating, Ventilation and Air Conditioning). Target ambient room temperature will be seventy two (72) degrees Fahrenheit in the server area of the data centre. Ambient room temperature will not vary by more than +/- 5 degrees. Target Relative humidity will be forty five per cent (45%) in the server area. Relative humidity will not vary by more than +/- 5%.
4.2.3 Network. The data centre network will be available one hundred per cent (100%) of the time in a given month. "Network" means the portion of the network extending from, but not including, the outbound port on your cabinet switch to the outbound port on the border router and includes Rackspace managed switches, routers, and wiring. Network availability is defined as the ability to pass TCP/IP traffic with less than three per cent (3%) packet loss and less than thirty (30) ms latency across the Rackspace network infrastructure.
4.2.4 Remedy. If Rackspace fails to meet any of the guarantees stated in this Section 4.2 and the failure directly and adversely affects your Hosted System, you are entitled to a credit in the amount of five per cent (5%) of your monthly recurring fee for the affected Hosted System per half hour of power outage, HVAC outage or network downtime, up to one hundred per cent (100%) of the monthly recurring fee for the affected components for any calendar month.
4.3 Hardware Replacement
We guarantee the functioning of the following Rackspace-provided hardware: (i) switches, firewalls, load balancers, and servers; (ii) direct attached storage devices; (iii) network attached storage devices.
4.3.1 Hardware Repair or Replacement. Hardware repair or replacement will begin once we identify the cause of the problem. Hardware repair or replacement is guaranteed to be complete within one (1) hour of problem identification for switches, firewalls, load balancers, servers and direct attached storage devices, and within five (5) hours of problem identification for network attached storage devices. This guarantee does not include the time required to rebuild your system, such as the time required to configure a replacement device, rebuild a RAID array, reconfigure devices from their default settings, reload the operating system, reload and configure applications, and/or restore from backup (if necessary).
4.3.2 High Availability Network Device Solution. A "high-availability" network device solution means two (2) devices within a single data centre (such as a firewall, load balancer, router, or switch) configured in a fail-over configuration and tested by Rackspace for reliability as part of the implementation process for your configuration. High availability network device solutions will be available one hundred per cent (100%) of the time. At your request, Rackspace will implement a high availability solution in a live configuration prior to testing the solution, but this guarantee will not apply until the testing is scheduled by you and successfully completed.
4.3.3 Remedy. If Rackspace fails to meet the guarantees stated in this Section 4.3 and the failure directly and adversely affects your Hosted System, you are entitled to a credit in the amount of 5% of your monthly recurring fee per half hour of downtime (after the initial one (1) hour or five (5) hours, as applicable, from problem identification for Section 4.3.1), up to one hundred per cent (100%) of the monthly recurring fee for the affected component for any calendar month.
4.3.4 Replication Appliance. If a replication appliance (such as an EMC RecoverPoint appliance) is unavailable due to a hardware failure, Rackspace will have a technical specialist and necessary parts onsite to begin repairs within six (6) hours of problem identification. If Rackspace fails to meet this guarantee and the failure directly and adversely affects your Hosted System, you are entitled to a credit in the amount of five per cent (5%) of your monthly recurring fee per half hour of delay in beginning repairs for the affected replication appliance, up to one hundred per cent (100%) of the monthly recurring fee for the affected components for any calendar month.
4.4 Firewall
4.4.1 Default Rule Set. Unless you ask us to implement a different rule set during implementation, we will implement our standard "default-deny" rule set upon deployment of your firewall, which means that only a select few TCP/UDP ports will be open.
4.4.2 Changes to Rule Set. We will open additional ports and perform other basic configuration changes within twenty four (24) hours of the time that you open a ticket via your MyRackspace portal requesting the change. "Basic" configuration changes are common changes that can be performed from a remote console and require no physical hardware modifications or reconfigurations.
4.4.3 Remedy. If we fail to meet the guarantee stated in this Section 4.4, you are entitled to a service credit of one hundred pounds Sterling (£100) per event, and an additional one hundred pounds Sterling (£100) for each further twenty four (24) hours in which we fail to perform the rule set changes, up to one hundred per cent (100%) of the monthly recurring fee for the affected firewall(s) for any calendar month.
4.5 Storage Area Network
4.5.1 Repair or Replacement. Rackspace will repair or replace failed SAN hardware components at no additional cost within four (4) hours of problem identification by Rackspace.
4.5.2 Remedy. If your SAN service is unavailable as a result of a failed SAN hardware component, and Rackspace fails to meet the guarantee stated in this Section 4.5, you are entitled to a credit in the amount of five per cent (5%) of your monthly recurring fee per half hour of downtime (after the initial four (4) hours of downtime) for the affected SAN service and each server directly connected to the SAN, up to one hundred per cent (100%) of the monthly recurring fee for the SAN service and those servers for any calendar month. Your SAN is "unavailable" for the purposes of this guarantee if your SAN connected servers do not have access to the data stored on the SAN.
4.6 Patching
4.6.1 Supported Software. The guarantees stated in this Section 4.6 apply only to vendor supplied and supported patches, but do not apply to: (i) software that we did not provide to you as part of your Hosting Services, or (ii) Oracle database software (even if we provided it to you as part of your Hosting Services). Patching services for Oracle software may be arranged as a Supplementary Service for an hourly fee, and are not covered by this Service Level Guarantee.
4.6.2 Release, Testing. When software vulnerabilities are addressed by a vendor patch, we will categorise the patch as either "critical" or "non-critical," in our commercially reasonable discretion. Prior to applying a patch to your environment, we will test the patch in our lab and in a Rackspace production environment.
4.6.3 Automated Patching (Opt In, Opt Out). Patches will be applied automatically unless you opt out of automated patching via ticket. If you opt out of automated patching, then you must schedule patching with us, provided, however, that we may elect to apply patches that we deem critical (in our reasonable discretion) without scheduling the patch. We will give you notice of any critical patch that we apply without prior scheduling with you.
4.6.4 Untested Patches. At your request we will apply patches to your configuration prior to completion of our testing, but we make no guarantee whatsoever about the outcome of the application of an untested patch. If you would like a patch applied to your environment prior to the time that Rackspace would normally apply a patch, Rackspace will do so within four (4) hours of the time that you open a support ticket requesting the application of the patch.
4.6.5 Alternative Procedure. Rackspace will not patch pursuant to the procedures described in this Section 4.6 if you have made other arrangements with Rackspace via support ticket or a signed, written agreement.
4.6.6 Remedy. If we materially fail to apply patches in accordance with the standards set forth in this Section 4.6 (or the standards stated in your alternative patching procedure, if applicable) and such failure directly and adversely affects your Hosted System, you are entitled to a credit of one hundred pounds Sterling (£100) per event, and an additional one hundred pounds Sterling (£100) for each further twenty four (24) hours by which we fail to meet the standards, up to one hundred per cent (100%) of your monthly recurring fee for the affected environment for any calendar month.
4.6.7 Virtual Servers. This guarantee is subject to restrictions for virtual servers. See Section 17 (Virtualization) below.
4.7 Restoration of Backed Up Data
We will back up your data only if you have purchased data backup services.
4.7.1 Data Backup. Unless a custom backup solution is agreed to in advance, backups will be performed to a shared Managed Backup Infrastructure on a scheduled basis as described in the Services Description. Backups will be retained for the time agreed in the Services Description or other written agreement.
! Please Note: Open database files cannot be backed up without the use of a software backup agent. We will only back up a database if such a backup agent is used or you dump your database to flat files prior to scheduled backup.
4.7.2 Data Restoration
4.7.2.1 Local Restores. We will initiate restoration of your data stored onsite within two (2) hours of the time that you request the restore via a support ticket. You are allowed two (2) free local restoration events per calendar month. Additional restores will be billed at Rackspace’s standard hourly rate of one hundred pounds Sterling (£100) per hour or part thereof.
4.7.2.2 Offsite Restores. We will initiate restoration of your data stored offsite within six (6) hours of the time that you request the restore via a support ticket. You are allowed one (1) free offsite restoration event per calendar month. Additional restores will be billed at our standard hourly rate of one hundred pounds Sterling (£100) per hour or part thereof.
! Please Note: Backups are not a snap-shot of your data, but are made over a period of hours. In the event you need a complete server recovery we cannot guarantee that the restore procedure will provide a fully functional operating system and/or application. We recommend that you migrate to a new server as soon as possible after a full restore to ensure reliability of the operating system and application.
Database duplications or "cloning" for purposes other than a restoration of lost or corrupted data are not included as part of your managed backup service and are not covered by this guarantee, but may be arranged as a Supplementary Service for an hourly fee.
4.7.3 Remedy. If we fail to restore the data that you have selected for backup in accordance with the standards stated in this Section 4.7, you are entitled to a service credit of two hundred pounds Sterling (£200) per event, up to one hundred per cent (100%) of your monthly recurring fee for the affected configuration for any calendar month.
4.8 Monitoring and Response
4.8.1 Monitoring
4.8.1.1 Availability Monitoring. Rackspace will monitor up to six (6) TCP ports (HTTP, HTTPS, SMTP, POP3, etc.) per server for service availability. General server availability is tested every five (5) minutes via ping. You will be alerted via ticket if port or ping monitors fail three (3) consecutive times.
4.8.1.2 Fault Monitoring. Rackspace monitors status events on servers and network devices including network availability, process status, file system capacity, and backup success/failure. Rackspace also monitors core OS and application log files for critical/warning application and system events. For servers from the Dell PowerEdge and HP Proliant lines, we will also monitor server hardware faults.
4.8.1.3 Performance Monitoring. Rackspace monitors key performance metrics for the operating system (i.e. CPU, RAM, and Disk), and select applications (i.e. process statistics, users, throughput) and databases (i.e. caching, performance, transaction success).
4.8.1.4 Substitution. We may substitute a test web page or application if it is not practical to monitor your Hosted System.
4.8.2 Notification of Monitoring Alerts. We will notify you of monitoring alerts within the time frames stated in Section 4.1 (Support) above.
4.8.3 Remedy. If we fail to meet the monitoring alert notification guarantees stated in this Section 4.8, you are entitled to a credit of one hundred pounds Sterling (£100) per event, up to one hundred per cent (100%) of your monthly recurring fee for the affected Hosted System for any calendar month.
We will provide you with monitoring reports as you reasonably require, and in any event for each calendar month.
4.9 Limitations on Credits
4.9.1 Cumulative Credit Amount. Notwithstanding anything in this Agreement to the contrary, the maximum total credit for any calendar month for failure to meet Service Level Guarantees under this Agreement, including all guarantees, shall not exceed one hundred per cent (100%) of your monthly recurring fee for the affected Hosted System. Credits that would be available but for this limitation will not be carried forward to future months.
4.9.2 Maintenance. You are not entitled to a credit for downtime or outages resulting from Maintenance. "Maintenance" means:
a. Rackspace maintenance windows - modification or repairs to shared infrastructure, such as core routing or switching infrastructure that we provide notice of at least seventy two (72) hours in advance and that occurs during off peak hours in the time zone where the data centre is located;
b. Scheduled customer maintenance – maintenance of your configuration that you request and that we schedule with you in advance (either on a case by case basis, or based on standing instructions), such as hardware or software upgrades;
c. Emergency maintenance – critical unforeseen maintenance needed for the security or performance of your configuration or Rackspace’s network.
4.9.3 Extraordinary Events. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus attacks, hacking attempts, or any other circumstances that are not within our control.
4.9.4 Your Breach of the Agreement. You are not entitled to a credit if you are in breach of the Agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit until you have remedied the breach. You are not entitled to a credit if the event giving rise to the credit would not have occurred but for your breach of the Agreement.
4.9.5 Disabling or Removing of Monitoring or Security Services, Interference with Services. You must notify us in advance if you plan to disable, block, or remove any monitoring or security element of your Hosting Service for more than fifteen (15) minutes. We will not issue you any credit for events that might have been avoided or mitigated if you had not disabled, blocked or removed our monitoring or security elements, or otherwise interfered with our ability to provide the Services. Monitoring and security elements include, without limitation, Microsoft Operations Manager, Microsoft Systems Management Server, Microsoft Active Directory, Winternals Defrag Manager, Dell OpenManage, Symantec, Nimbus, and ZENworks.
4.9.6 Logical Access. The Service Level Guarantees are contingent on Rackspace having full logical access to your configuration. No credit will be due if the credit would not have accrued but for your restriction of Rackspace’s logical access to your configuration.
4.10 Measurement of Time Periods. For the purpose of determining whether a credit is due, time periods will be measured from the time stamp generated by our ticket system, the time an interruption is recorded in our monitoring system, until network availability is restored or the affected device is powered back on, as applicable. You may open a support ticket to document the start time for a support request or other incident, or if you contact us by telephone to request support, we will open a ticket. If you contact us by phone, there may be a delay between the time of the call and the time we open a ticket.
4.11 Requests/Currency. You must request a credit in writing either via a support ticket or by postal mail no later than fourteen (14) days following the occurrence of the event giving rise to the credit. We will contact you within thirty (30) days to approve or reject the claim or to request more information. If the claim is approved, the credit will appear on your monthly invoice following approval. If you are paying for your Services in a currency other than pounds Sterling, then any credit that is expressed above as a fixed number of pounds Sterling will be converted to the currency in which you pay for your Services as of the date of the invoice on which the credit is applied.
5. TERM
The initial term of the Agreement begins on the Service Commencement Date and continues for the period stated in the Services Description. Upon expiration of the initial term, we may offer you the option of renewing the Agreement for one or more additional terms having a fixed number of months. If you do not renew the Agreement for a fixed term, it will be extended for successive terms of three (3) months each unless and until one of us provides the other with at least ninety (90) days advance written notice of non-renewal. If you add service elements to the Hosted System by a subsequent agreement, we may use the word "coterminous" to describe the initial term of the subsequent agreement for those additional elements. If the term of an agreement is "coterminous," the initial term of that agreement shall expire of the last day of the initial term of the agreement that initially established the Hosted System.
6. FEES
6.1 Your first invoice will include the initial one-time installation fee (if applicable) and a prorated monthly recurring fee from the Service Commencement Date to the last day of the calendar month (subject to any free time as agreed between you and Rackspace). We may require you to make a payment ahead of the Service Commencement Date (an "Upfront Payment"). We will offset such Upfront Payment against the initial invoice(s) that we raise against your account. Following the Service Commencement Date, monthly recurring fees will be billed in advance at the beginning of each calendar month. Non-recurring fees, which apply to Services that are priced on usage such as bandwidth overages and virtual machines, will be billed monthly in arrears.
6.2 If you use Rackspace’s virtualisation services, your virtual server(s) will be active on the Service Commencement Date. Following the Service Commencement Date you are responsible for managing the active or inactive status of your virtual servers via your MyRackspace portal. Rackspace will invoice you for your virtual service in arrears based on the number of calendar days in each billing period that your virtual servers are set to "active". You will be charged a full day’s rate regardless of whether your virtual servers are set to "active" for a full or partial day.
6.3 Fees are due within five (5) days of invoice date. If you have arranged for payment by credit card or direct debit, Rackspace may charge your card or account on or after the invoice date.
6.4 If any amount is overdue by more than thirty (30) days, Rackspace may:
6.4.1 charge interest on overdue amounts at 1.5% per month;
6.4.2 suspend all Services, and services provided pursuant to any unrelated agreement, if you do not pay the overdue amount within four (4) Business Days of our written notice to your billing contact. You agree that if your Services are reinstated after a suspension for non-payment, you will pay a reasonable reinstatement fee.
6.5 In the event Rackspace brings a legal action to collect due to late payment of valid invoices, you must also pay Rackspace’s costs of collection, including reasonable legal fees, expenses and court costs.
6.6 If your payment is returned for insufficient funds, we may charge you an administration fee up to the maximum amount permitted by law.
6.7 All payments will be made in the currency in the Services Description at the exchange rate at the date of the invoice.
6.8 Invoices that are not disputed within one (1) year of invoice date are conclusively deemed accurate.
7. FEE INCREASES
7.1 Increase in Consumer Price Index. If during the initial term or any renewal term there is an increase in the Consumer Price Index as published by the National Office for Statistics over the Consumer Price Index reported for the month in which you signed your Agreement, we may increase your fees by the same percentage as the increase in the Consumer Price Index; provided that we may not increase your fees under this subsection more often than once per twelve (12) months, and we must give you at least thirty (30) days advance written notice of the increase. (Example: if the Consumer Price Index for the month in which you sign the Agreement is one hundred and eighty six (186), and then increases in a subsequent month during the term of the Agreement to one hundred and ninety five (195), we may increase your fees by up to 4.8%).
7.2 Increase after expiry of Term. If following the expiration of the initial term or any renewal term you do not sign a renewal of your Agreement, but continue to use your Services on a rolling three (3) month basis as described in Section 5 (Term) above, then we may increase your fees at any time by any amount, in our sole discretion, on ninety (90) days advance written notice.
8. TERMINATION FOR CONVENIENCE
You may terminate this Agreement for convenience at any time on ninety (90) days advance written notice.
9. EARLY TERMINATION FEE
If you terminate this Agreement for convenience or we terminate this Agreement for your breach, in addition to other amounts you may owe, you must pay an early termination fee equal to the total monthly recurring fees for the remaining portion of the then-current term. You will not be charged an early termination fee under this Section in the event you terminate this Agreement as part of an agreement to establish a replacement for the Hosted System in a different Rackspace service segment, even if the overall fees for the replacement system are less than those for the Hosted System, provided that the replacement system is the functional equivalent of the Hosted System.
10. RESALE
You may resell the Hosting Services, subject to the provisions of Section 18 of the General Terms and Conditions. If you resell any part of the Hosting Services, you must require your customers to sign a written contract that includes the following:
10.1 An acknowledgement that such customer will abide by Rackspace’s Acceptable Use Policy found at: www.rackspace.co.uk/rackspace-home/legal/aup/ and shall have no rights against Rackspace in connection with the Hosting Services that you are reselling; and
10.2 If you are reselling Hosting Services that include Microsoft software, the Microsoft licence terms posted at www.rackspace.co.uk/aboutus/microsoftlicense.htm/; and
10.3 A prohibition against high risk use of the hosting services: "No High Risk Use. You may not use the [hosting services] in any situation where failure or fault of the [hosting services] could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the [hosting services] in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or medical life support devices." You may use a term other than "hosting services" in this clause, as appropriate to the language in your contract with your customers.
11. MANAGED BACKUP
Rackspace’s managed backup services are designed to facilitate restoration of data to the server or device from which the data originated in the event the primary data is lost or corrupted. The quality of your backup depends on how your data is organised. If you purchase managed backup services, we recommend that you test your managed backup service promptly following the Service Commencement Date, and then periodically, to determine if it is capturing your data properly. If it is not, we will work with you to maximise the accuracy of our managed backup service for your data and/or help you identify other data backup solutions that may work better for you. In the event your primary server or device hardware fails and is replaced, we may not be able to restore your backed up data exactly as it was configured on the failed device. If this risk is not acceptable to you, then we will help you identify other data backup solutions that are more reliable in this situation. The "retention" period for your backup refers to the amount of time that we will retain the backup in a useable form for restoration to the server or device from which it originated. If you wish to preserve your backup after the time that this server or device is decommissioned, you must make arrangements with us at least seventy two (72) hours in advance of the scheduled decommissioning of the server or device. Database duplications or "cloning" for purposes other than a restoration of lost or corrupted data as described in this paragraph are not included as part of your managed backup service, but may be arranged as a Supplementary Service for an hourly fee. We may choose to use either tape or disk to collect your data, in our discretion. Provided that we do not impair the security or reliability of your backup service, you agree that we may from time to time test our backup systems, and may use copies of your data as part of these tests. We will treat duplicate data in accordance with the same security standards applicable to your backup service.
12. RACKSPACE DDOS MITIGATION
If you purchase Rackspace DDOS Mitigation, then the Rackspace DDOS Mitigation Addendum at www.rackspace.co.uk/legal/ddos_mitigation as of the date you sign the order or agreement for the Rackspace DDOS Mitigation service is part of the Agreement.
13. SHAREPOINT
If you purchase the Rackspace SharePoint service, then the SharePoint Addendum at www.rackspace.co.uk/legal/sharepoint/ as of the date you sign the order or agreement for the SharePoint service are part of this Agreement.
14. COLOCATION
If we host a device that you own in our data centre, then the Colocation Addendum at www.rackspace.co.uk/legal/colocation/ as of the date you sign the order or agreement covering the colocation services is part of this Agreement.
15. MICROSOFT EXCHANGE (DEDICATED)
If you purchase Microsoft Exchange Services on a dedicated Hosted System, then the addendum at www.rackspace.co.uk/legal/exchange/ as of the date you sign the order or agreement for the service is part of this Agreement.
16. DATA REPLICATION
If you purchase any services that involve data replication at a geographically separate site (such as our DNAS-based data replication services or disaster recovery services), then the following applies to your use of that Service: the rate by which the data at the primary site can be transferred to the secondary site will vary depending on the amount and type of data, constraints inherent in your Hosted System, and fluctuations in bandwidth availability. Therefore, at any given time, the secondary site may not be completely up to date. In the event of a failover to the secondary site, the data that has not yet completed the transfer from the primary site will be lost. We may provide you with some guidelines on latency times based on our understanding of your data and system constraints, but these guidelines are not guarantees.
17. VIRTUALISATION
While your virtual servers are in an "inactive" status we will not install any software updates that we may have otherwise agreed to install. We will update your virtual servers when you return them to "active" status, but there could be a delay of up to twenty four (24) hours before the updates are fully installed.
18. DOMAIN NAME SERVICES
If you register, renew or transfer a domain name through Rackspace, Rackspace will submit the request to its domain name services provider (the "Registrar") on your behalf. Rackspace’s sole responsibility is to submit the request to the Registrar. Rackspace is not responsible for any errors, omissions or failures of the Registrar. Your use of domain name services is subject to the applicable legal terms of the Registrar. You are responsible for closing any account with any prior reseller of or registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar.
19. VULNERABILITY TESTING
Vulnerability testing services involve inherent risks, such as data corruption, and impaired performance of your Hosted System. If you ask Rackspace to provide vulnerability testing services, then you agree that Rackspace is not liable to you for any damages arising from the performance of the Services as agreed.
20. UNSUPPORTED CONFIGURATION ELEMENTS OR SERVICES
If you ask us to implement a configuration element (hardware or software) or hosting service in a manner that is not customary at Rackspace, or that is in "end of life" or "end of support" status, we may designate the element or service as "unsupported" "non-standard" "reasonable endeavours", "one-off", "EOL", "End of Support," or with like term in the Services Description (referred to in this Section as an "Unsupported Service"). Rackspace makes no representation or warranty whatsoever regarding any Unsupported Service. You agree that Rackspace shall not be liable to you for any loss or damage arising from the provision of the Unsupported Service. The Service Level Guarantees shall not apply to the Unsupported Service, or any other aspect of the Hosting Services that is directly and adversely affected by the Unsupported Service. You acknowledge that Unsupported Services may not interoperate with Rackspace’s other services, such as backup or monitoring.
21. UTILITY NETWORK ATTACHED STORAGE
If you purchased the Utility NAS service, the Service Level Guarantee at www.rackspace.co.uk/legal/unassla is part of the Hosting Agreement.
22. IP ADDRESSES
Upon termination of the Agreement you must promptly release any Internet protocol numbers, addresses or address blocks assigned to you in connection with the Services (but not any URL or top level domain or domain name) and you agree that we may take steps to change or remove any such IP addresses.
23. RACKSPACE API CODE SUPPORT
If you use Rackspace API Code Support, then the addendum at http://www.rackspace.com/information/legal/apicodesupport is part of the Agreement.
© 2012 Rackspace Limited
1 August 2012 revision www.rackspace.co.uk/legal/intensiveterms/
4.1.3 Remedy. If we fail to meet the response time guarantees stated in this Section 4.1, you are entitled to a credit of £100 per event, up to 100% of your monthly recurring fee for the affected Hosted System for any calendar month. The response time guarantees stated above do not apply to support requests made via email.
4.2 Data Centre
4.2.1 Power. A/C power to the outbound port on your serving power distribution unit (PDU) will be available one hundred per cent (100%) of the time.
4.2.2 HVAC (Heating, Ventilation and Air Conditioning). Target ambient room temperature will be seventy two (72) degrees Fahrenheit in the server area of the data centre. Ambient room temperature will not vary by more than +/- 5 degrees. Target Relative humidity will be forty five per cent (45%) in the server area. Relative humidity will not vary by more than +/- 5%.
4.2.3 Network. The data centre network will be available one hundred per cent (100%) of the time in a given month. "Network" means the portion of the network extending from, but not including, the outbound port on your cabinet switch to the outbound port on the border router and includes Rackspace managed switches, routers, and wiring. Network availability is defined as the ability to pass TCP/IP traffic with less than three per cent (3%) packet loss and less than thirty (30) ms latency across the Rackspace network infrastructure.
4.2.4 Remedy. If Rackspace fails to meet any of the guarantees stated in this Section 4.2 and the failure directly and adversely affects your Hosted System, you are entitled to a credit in the amount of five per cent (5%) of your monthly recurring fee for the affected Hosted System per half hour of power outage, HVAC outage or network downtime, up to one hundred per cent (100%) of the monthly recurring fee for the affected components for any calendar month.
4.3 Hardware Replacement
We guarantee the functioning of the following Rackspace-provided hardware: (i) switches, firewalls, load balancers, and servers; (ii) direct attached storage devices; (iii) network attached storage devices.
4.3.1 Hardware Repair or Replacement. Hardware repair or replacement will begin once we identify the cause of the problem. Hardware repair or replacement is guaranteed to be complete within one (1) hour of problem identification for switches, firewalls, load balancers, servers and direct attached storage devices, and within five (5) hours of problem identification for network attached storage devices. This guarantee does not include the time required to rebuild your system, such as the time required to configure a replacement device, rebuild a RAID array, reconfigure devices from their default settings, reload the operating system, reload and configure applications, and/or restore from backup (if necessary).
4.3.2 High Availability Network Device Solution. A "high-availability" network device solution means two (2) devices within a single data centre (such as a firewall, load balancer, router, or switch) configured in a fail-over configuration and tested by Rackspace for reliability as part of the implementation process for your configuration. High availability network device solutions will be available one hundred per cent (100%) of the time. At your request, Rackspace will implement a high availability solution in a live configuration prior to testing the solution, but this guarantee will not apply until the testing is scheduled by you and successfully completed.
4.3.3 Remedy. If Rackspace fails to meet the guarantees stated in this Section 4.3 and the failure directly and adversely affects your Hosted System, you are entitled to a credit in the amount of 5% of your monthly recurring fee per half hour of downtime (after the initial one (1) hour or five (5) hours, as applicable, from problem identification for Section 4.3.1), up to one hundred per cent (100%) of the monthly recurring fee for the affected component for any calendar month.
4.3.4 Replication Appliance. If a replication appliance (such as an EMC RecoverPoint appliance) is unavailable due to a hardware failure, Rackspace will have a technical specialist and necessary parts onsite to begin repairs within six (6) hours of problem identification. If Rackspace fails to meet this guarantee and the failure directly and adversely affects your Hosted System, you are entitled to a credit in the amount of five per cent (5%) of your monthly recurring fee per half hour of delay in beginning repairs for the affected replication appliance, up to one hundred per cent (100%) of the monthly recurring fee for the affected components for any calendar month.
4.4 Firewall
4.4.1 Default Rule Set. Unless you ask us to implement a different rule set during implementation, we will implement our standard "default-deny" rule set upon deployment of your firewall, which means that only a select few TCP/UDP ports will be open.
4.4.2 Changes to Rule Set. We will open additional ports and perform other basic configuration changes within twenty four (24) hours of the time that you open a ticket via your MyRackspace portal requesting the change. "Basic" configuration changes are common changes that can be performed from a remote console and require no physical hardware modifications or reconfigurations.
4.4.3 Remedy. If we fail to meet the guarantee stated in this Section 4.4, you are entitled to a service credit of one hundred pounds Sterling (£100) per event, and an additional one hundred pounds Sterling (£100) for each further twenty four (24) hours in which we fail to perform the rule set changes, up to one hundred per cent (100%) of the monthly recurring fee for the affected firewall(s) for any calendar month.
4.5 Storage Area Network
4.5.1 Repair or Replacement. Rackspace will repair or replace failed SAN hardware components at no additional cost within four (4) hours of problem identification by Rackspace.
4.5.2 Remedy. If your SAN service is unavailable as a result of a failed SAN hardware component, and Rackspace fails to meet the guarantee stated in this Section 4.5, you are entitled to a credit in the amount of five per cent (5%) of your monthly recurring fee per half hour of downtime (after the initial four (4) hours of downtime) for the affected SAN service and each server directly connected to the SAN, up to one hundred per cent (100%) of the monthly recurring fee for the SAN service and those servers for any calendar month. Your SAN is "unavailable" for the purposes of this guarantee if your SAN connected servers do not have access to the data stored on the SAN.
4.6 Patching
4.6.1 Supported Software. The guarantees stated in this Section 4.6 apply only to vendor supplied and supported patches, but do not apply to: (i) software that we did not provide to you as part of your Hosting Services, or (ii) Oracle database software (even if we provided it to you as part of your Hosting Services). Patching services for Oracle software may be arranged as a Supplementary Service for an hourly fee, and are not covered by this Service Level Guarantee.
4.6.2 Release, Testing. When software vulnerabilities are addressed by a vendor patch, we will categorise the patch as either "critical" or "non-critical," in our commercially reasonable discretion. Prior to applying a patch to your environment, we will test the patch in our lab and in a Rackspace production environment.
4.6.3 Automated Patching (Opt In, Opt Out). Patches will be applied automatically unless you opt out of automated patching via ticket. If you opt out of automated patching, then you must schedule patching with us, provided, however, that we may elect to apply patches that we deem critical (in our reasonable discretion) without scheduling the patch. We will give you notice of any critical patch that we apply without prior scheduling with you.
4.6.4 Untested Patches. At your request we will apply patches to your configuration prior to completion of our testing, but we make no guarantee whatsoever about the outcome of the application of an untested patch. If you would like a patch applied to your environment prior to the time that Rackspace would normally apply a patch, Rackspace will do so within four (4) hours of the time that you open a support ticket requesting the application of the patch.
4.6.5 Alternative Procedure. Rackspace will not patch pursuant to the procedures described in this Section 4.6 if you have made other arrangements with Rackspace via support ticket or a signed, written agreement.
4.6.6 Remedy. If we materially fail to apply patches in accordance with the standards set forth in this Section 4.6 (or the standards stated in your alternative patching procedure, if applicable) and such failure directly and adversely affects your Hosted System, you are entitled to a credit of one hundred pounds Sterling (£100) per event, and an additional one hundred pounds Sterling (£100) for each further twenty four (24) hours by which we fail to meet the standards, up to one hundred per cent (100%) of your monthly recurring fee for the affected environment for any calendar month.
4.6.7 Virtual Servers. This guarantee is subject to restrictions for virtual servers. See Section 17 (Virtualization) below.
4.7 Restoration of Backed Up Data
We will back up your data only if you have purchased data backup services.
4.7.1 Data Backup. Unless a custom backup solution is agreed to in advance, backups will be performed to a shared Managed Backup Infrastructure on a scheduled basis as described in the Services Description. Backups will be retained for the time agreed in the Services Description or other written agreement.
! Please Note: Open database files cannot be backed up without the use of a software backup agent. We will only back up a database if such a backup agent is used or you dump your database to flat files prior to scheduled backup.
4.7.2 Data Restoration
4.7.2.1 Local Restores. We will initiate restoration of your data stored onsite within two (2) hours of the time that you request the restore via a support ticket. You are allowed two (2) free local restoration events per calendar month. Additional restores will be billed at Rackspace’s standard hourly rate of one hundred pounds Sterling (£100) per hour or part thereof.
4.7.2.2 Offsite Restores. We will initiate restoration of your data stored offsite within six (6) hours of the time that you request the restore via a support ticket. You are allowed one (1) free offsite restoration event per calendar month. Additional restores will be billed at our standard hourly rate of one hundred pounds Sterling (£100) per hour or part thereof.
! Please Note: Backups are not a snap-shot of your data, but are made over a period of hours. In the event you need a complete server recovery we cannot guarantee that the restore procedure will provide a fully functional operating system and/or application. We recommend that you migrate to a new server as soon as possible after a full restore to ensure reliability of the operating system and application.
Database duplications or "cloning" for purposes other than a restoration of lost or corrupted data are not included as part of your managed backup service and are not covered by this guarantee, but may be arranged as a Supplementary Service for an hourly fee.
4.7.3 Remedy. If we fail to restore the data that you have selected for backup in accordance with the standards stated in this Section 4.7, you are entitled to a service credit of two hundred pounds Sterling (£200) per event, up to one hundred per cent (100%) of your monthly recurring fee for the affected configuration for any calendar month.
4.8 Monitoring and Response
4.8.1 Monitoring
4.8.1.1 Availability Monitoring. Rackspace will monitor up to six (6) TCP ports (HTTP, HTTPS, SMTP, POP3, etc.) per server for service availability. General server availability is tested every five (5) minutes via ping. You will be alerted via ticket if port or ping monitors fail three (3) consecutive times.
4.8.1.2 Fault Monitoring. Rackspace monitors status events on servers and network devices including network availability, process status, file system capacity, and backup success/failure. Rackspace also monitors core OS and application log files for critical/warning application and system events. For servers from the Dell PowerEdge and HP Proliant lines, we will also monitor server hardware faults.
4.8.1.3 Performance Monitoring. Rackspace monitors key performance metrics for the operating system (i.e. CPU, RAM, and Disk), and select applications (i.e. process statistics, users, throughput) and databases (i.e. caching, performance, transaction success).
4.8.1.4 Substitution. We may substitute a test web page or application if it is not practical to monitor your Hosted System.
4.8.2 Notification of Monitoring Alerts. We will notify you of monitoring alerts within the time frames stated in Section 4.1 (Support) above.
4.8.3 Remedy. If we fail to meet the monitoring alert notification guarantees stated in this Section 4.8, you are entitled to a credit of one hundred pounds Sterling (£100) per event, up to one hundred per cent (100%) of your monthly recurring fee for the affected Hosted System for any calendar month.
We will provide you with monitoring reports as you reasonably require, and in any event for each calendar month.
4.9 Limitations on Credits
4.9.1 Cumulative Credit Amount. Notwithstanding anything in this Agreement to the contrary, the maximum total credit for any calendar month for failure to meet Service Level Guarantees under this Agreement, including all guarantees, shall not exceed one hundred per cent (100%) of your monthly recurring fee for the affected Hosted System. Credits that would be available but for this limitation will not be carried forward to future months.
4.9.2 Maintenance. You are not entitled to a credit for downtime or outages resulting from Maintenance. "Maintenance" means:
a. Rackspace maintenance windows - modification or repairs to shared infrastructure, such as core routing or switching infrastructure that we provide notice of at least seventy two (72) hours in advance and that occurs during off peak hours in the time zone where the data centre is located;
b. Scheduled customer maintenance – maintenance of your configuration that you request and that we schedule with you in advance (either on a case by case basis, or based on standing instructions), such as hardware or software upgrades;
c. Emergency maintenance – critical unforeseen maintenance needed for the security or performance of your configuration or Rackspace’s network.
4.9.3 Extraordinary Events. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus attacks, hacking attempts, or any other circumstances that are not within our control.
4.9.4 Your Breach of the Agreement. You are not entitled to a credit if you are in breach of the Agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit until you have remedied the breach. You are not entitled to a credit if the event giving rise to the credit would not have occurred but for your breach of the Agreement.
4.9.5 Disabling or Removing of Monitoring or Security Services, Interference with Services. You must notify us in advance if you plan to disable, block, or remove any monitoring or security element of your Hosting Service for more than fifteen (15) minutes. We will not issue you any credit for events that might have been avoided or mitigated if you had not disabled, blocked or removed our monitoring or security elements, or otherwise interfered with our ability to provide the Services. Monitoring and security elements include, without limitation, Microsoft Operations Manager, Microsoft Systems Management Server, Microsoft Active Directory, Winternals Defrag Manager, Dell OpenManage, Symantec, Nimbus, and ZENworks.
4.9.6 Logical Access. The Service Level Guarantees are contingent on Rackspace having full logical access to your configuration. No credit will be due if the credit would not have accrued but for your restriction of Rackspace’s logical access to your configuration.
4.10 Measurement of Time Periods. For the purpose of determining whether a credit is due, time periods will be measured from the time stamp generated by our ticket system, the time an interruption is recorded in our monitoring system, until network availability is restored or the affected device is powered back on, as applicable. You may open a support ticket to document the start time for a support request or other incident, or if you contact us by telephone to request support, we will open a ticket. If you contact us by phone, there may be a delay between the time of the call and the time we open a ticket.
4.11 Requests/Currency. You must request a credit in writing either via a support ticket or by postal mail no later than fourteen (14) days following the occurrence of the event giving rise to the credit. We will contact you within thirty (30) days to approve or reject the claim or to request more information. If the claim is approved, the credit will appear on your monthly invoice following approval. If you are paying for your Services in a currency other than pounds Sterling, then any credit that is expressed above as a fixed number of pounds Sterling will be converted to the currency in which you pay for your Services as of the date of the invoice on which the credit is applied.
5. TERM
The initial term of the Agreement begins on the Service Commencement Date and continues for the period stated in the Services Description. Upon expiration of the initial term, we may offer you the option of renewing the Agreement for one or more additional terms having a fixed number of months. If you do not renew the Agreement for a fixed term, it will be extended for successive terms of three (3) months each unless and until one of us provides the other with at least ninety (90) days advance written notice of non-renewal. If you add service elements to the Hosted System by a subsequent agreement, we may use the word "coterminous" to describe the initial term of the subsequent agreement for those additional elements. If the term of an agreement is "coterminous," the initial term of that agreement shall expire of the last day of the initial term of the agreement that initially established the Hosted System.
6. FEES
6.1 Your first invoice will include the initial one-time installation fee (if applicable) and a prorated monthly recurring fee from the Service Commencement Date to the last day of the calendar month (subject to any free time as agreed between you and Rackspace). We may require you to make a payment ahead of the Service Commencement Date (an "Upfront Payment"). We will offset such Upfront Payment against the initial invoice(s) that we raise against your account. Following the Service Commencement Date, monthly recurring fees will be billed in advance at the beginning of each calendar month. Non-recurring fees, which apply to Services that are priced on usage such as bandwidth overages and virtual machines, will be billed monthly in arrears.
6.2 If you use Rackspace’s virtualisation services, your virtual server(s) will be active on the Service Commencement Date. Following the Service Commencement Date you are responsible for managing the active or inactive status of your virtual servers via your MyRackspace portal. Rackspace will invoice you for your virtual service in arrears based on the number of calendar days in each billing period that your virtual servers are set to "active". You will be charged a full day’s rate regardless of whether your virtual servers are set to "active" for a full or partial day.
6.3 Fees are due within five (5) days of invoice date. If you have arranged for payment by credit card or direct debit, Rackspace may charge your card or account on or after the invoice date.
6.4 If any amount is overdue by more than thirty (30) days, Rackspace may:
6.4.1 charge interest on overdue amounts at 1.5% per month;
6.4.2 suspend all Services, and services provided pursuant to any unrelated agreement, if you do not pay the overdue amount within four (4) Business Days of our written notice to your billing contact. You agree that if your Services are reinstated after a suspension for non-payment, you will pay a reasonable reinstatement fee.
6.5 In the event Rackspace brings a legal action to collect due to late payment of valid invoices, you must also pay Rackspace’s costs of collection, including reasonable legal fees, expenses and court costs.
6.6 If your payment is returned for insufficient funds, we may charge you an administration fee up to the maximum amount permitted by law.
6.7 All payments will be made in the currency in the Services Description at the exchange rate at the date of the invoice.
6.8 Invoices that are not disputed within one (1) year of invoice date are conclusively deemed accurate.
7. FEE INCREASES
7.1 Increase in Consumer Price Index. If during the initial term or any renewal term there is an increase in the Consumer Price Index as published by the National Office for Statistics over the Consumer Price Index reported for the month in which you signed your Agreement, we may increase your fees by the same percentage as the increase in the Consumer Price Index; provided that we may not increase your fees under this subsection more often than once per twelve (12) months, and we must give you at least thirty (30) days advance written notice of the increase. (Example: if the Consumer Price Index for the month in which you sign the Agreement is one hundred and eighty six (186), and then increases in a subsequent month during the term of the Agreement to one hundred and ninety five (195), we may increase your fees by up to 4.8%).
7.2 Increase after expiry of Term. If following the expiration of the initial term or any renewal term you do not sign a renewal of your Agreement, but continue to use your Services on a rolling three (3) month basis as described in Section 5 (Term) above, then we may increase your fees at any time by any amount, in our sole discretion, on ninety (90) days advance written notice.
8. TERMINATION FOR CONVENIENCE
You may terminate this Agreement for convenience at any time on ninety (90) days advance written notice.
9. EARLY TERMINATION FEE
If you terminate this Agreement for convenience or we terminate this Agreement for your breach, in addition to other amounts you may owe, you must pay an early termination fee equal to the total monthly recurring fees for the remaining portion of the then-current term. You will not be charged an early termination fee under this Section in the event you terminate this Agreement as part of an agreement to establish a replacement for the Hosted System in a different Rackspace service segment, even if the overall fees for the replacement system are less than those for the Hosted System, provided that the replacement system is the functional equivalent of the Hosted System.
10. RESALE
You may resell the Hosting Services, subject to the provisions of Section 18 of the General Terms and Conditions. If you resell any part of the Hosting Services, you must require your customers to sign a written contract that includes the following:
10.1 An acknowledgement that such customer will abide by Rackspace’s Acceptable Use Policy found at: www.rackspace.co.uk/rackspace-home/legal/aup/ and shall have no rights against Rackspace in connection with the Hosting Services that you are reselling; and
10.2 If you are reselling Hosting Services that include Microsoft software, the Microsoft licence terms posted at www.rackspace.co.uk/aboutus/microsoftlicense.htm/; and
10.3 A prohibition against high risk use of the hosting services: "No High Risk Use. You may not use the [hosting services] in any situation where failure or fault of the [hosting services] could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the [hosting services] in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or medical life support devices." You may use a term other than "hosting services" in this clause, as appropriate to the language in your contract with your customers.
11. MANAGED BACKUP
Rackspace’s managed backup services are designed to facilitate restoration of data to the server or device from which the data originated in the event the primary data is lost or corrupted. The quality of your backup depends on how your data is organised. If you purchase managed backup services, we recommend that you test your managed backup service promptly following the Service Commencement Date, and then periodically, to determine if it is capturing your data properly. If it is not, we will work with you to maximise the accuracy of our managed backup service for your data and/or help you identify other data backup solutions that may work better for you. In the event your primary server or device hardware fails and is replaced, we may not be able to restore your backed up data exactly as it was configured on the failed device. If this risk is not acceptable to you, then we will help you identify other data backup solutions that are more reliable in this situation. The "retention" period for your backup refers to the amount of time that we will retain the backup in a useable form for restoration to the server or device from which it originated. If you wish to preserve your backup after the time that this server or device is decommissioned, you must make arrangements with us at least seventy two (72) hours in advance of the scheduled decommissioning of the server or device. Database duplications or "cloning" for purposes other than a restoration of lost or corrupted data as described in this paragraph are not included as part of your managed backup service, but may be arranged as a Supplementary Service for an hourly fee. We may choose to use either tape or disk to collect your data, in our discretion. Provided that we do not impair the security or reliability of your backup service, you agree that we may from time to time test our backup systems, and may use copies of your data as part of these tests. We will treat duplicate data in accordance with the same security standards applicable to your backup service.
12. RACKSPACE DDOS MITIGATION
If you purchase Rackspace DDOS Mitigation, then the Rackspace DDOS Mitigation Addendum at www.rackspace.co.uk/legal/ddos_mitigation as of the date you sign the order or agreement for the Rackspace DDOS Mitigation service is part of the Agreement.
13. SHAREPOINT
If you purchase the Rackspace SharePoint service, then the SharePoint Addendum at www.rackspace.co.uk/legal/sharepoint/ as of the date you sign the order or agreement for the SharePoint service are part of this Agreement.
14. COLOCATION
If we host a device that you own in our data centre, then the Colocation Addendum at www.rackspace.co.uk/legal/colocation/ as of the date you sign the order or agreement covering the colocation services is part of this Agreement.
15. MICROSOFT EXCHANGE (DEDICATED)
If you purchase Microsoft Exchange Services on a dedicated Hosted System, then the addendum at www.rackspace.co.uk/legal/exchange/ as of the date you sign the order or agreement for the service is part of this Agreement.
16. DATA REPLICATION
If you purchase any services that involve data replication at a geographically separate site (such as our DNAS-based data replication services or disaster recovery services), then the following applies to your use of that Service: the rate by which the data at the primary site can be transferred to the secondary site will vary depending on the amount and type of data, constraints inherent in your Hosted System, and fluctuations in bandwidth availability. Therefore, at any given time, the secondary site may not be completely up to date. In the event of a failover to the secondary site, the data that has not yet completed the transfer from the primary site will be lost. We may provide you with some guidelines on latency times based on our understanding of your data and system constraints, but these guidelines are not guarantees.
17. VIRTUALISATION
While your virtual servers are in an "inactive" status we will not install any software updates that we may have otherwise agreed to install. We will update your virtual servers when you return them to "active" status, but there could be a delay of up to twenty four (24) hours before the updates are fully installed.
18. DOMAIN NAME SERVICES
If you register, renew or transfer a domain name through Rackspace, Rackspace will submit the request to its domain name services provider (the "Registrar") on your behalf. Rackspace’s sole responsibility is to submit the request to the Registrar. Rackspace is not responsible for any errors, omissions or failures of the Registrar. Your use of domain name services is subject to the applicable legal terms of the Registrar. You are responsible for closing any account with any prior reseller of or registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar.
19. VULNERABILITY TESTING
Vulnerability testing services involve inherent risks, such as data corruption, and impaired performance of your Hosted System. If you ask Rackspace to provide vulnerability testing services, then you agree that Rackspace is not liable to you for any damages arising from the performance of the Services as agreed.
20. UNSUPPORTED CONFIGURATION ELEMENTS OR SERVICES
If you ask us to implement a configuration element (hardware or software) or hosting service in a manner that is not customary at Rackspace, or that is in "end of life" or "end of support" status, we may designate the element or service as "unsupported" "non-standard" "reasonable endeavours", "one-off", "EOL", "End of Support," or with like term in the Services Description (referred to in this Section as an "Unsupported Service"). Rackspace makes no representation or warranty whatsoever regarding any Unsupported Service. You agree that Rackspace shall not be liable to you for any loss or damage arising from the provision of the Unsupported Service. The Service Level Guarantees shall not apply to the Unsupported Service, or any other aspect of the Hosting Services that is directly and adversely affected by the Unsupported Service. You acknowledge that Unsupported Services may not interoperate with Rackspace’s other services, such as backup or monitoring.
21. UTILITY NETWORK ATTACHED STORAGE
If you purchased the Utility NAS service, the Service Level Guarantee at www.rackspace.co.uk/legal/unassla is part of the Hosting Agreement.
22. IP ADDRESSES
Upon termination of the Agreement you must promptly release any Internet protocol numbers, addresses or address blocks assigned to you in connection with the Services (but not any URL or top level domain or domain name) and you agree that we may take steps to change or remove any such IP addresses.
23. RACKSPACE API CODE SUPPORT
If you use Rackspace API Code Support, then the addendum at http://www.rackspace.com/information/legal/apicodesupport is part of the Agreement.
© 2012 Rackspace Limited
1 August 2012 revision www.rackspace.co.uk/legal/intensiveterms/