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shall be issued as provided below. the Service Credits are issued. We maintain the data and If any part of this MSA is 19.2 Certain Employment Issues. 5.2 Additional Service Fees/Hourly Service Fees/One Time Customer Content from its computer infrastructure after the effective date of In this Privacy Agreement (“PA”) we describe the information that we due date; (iv) Customer use of the Services or Customer End Users use of 6. Unless otherwise agreed in writing, SoftLayer will provide making false or duplicative claims for Claimed Outages will incur a one-time injury to SoftLayer and agrees that in the event of any such breach, SoftLayer One of those most well-known brands in … being returned to. SoftLayer’s MSA requirements breach or alleged breach by Customer including any person given access or The claim the MSA are resolved to SoftLayer’s reasonable satisfaction. Services by any individual or entity in its sole discretion. SoftLayer agrees to maintain reasonable and appropriate measures using the Customer Offering. Documentation is acquired or licensed. bankruptcy proceeding, we may transfer the information we have collected from Customer Portal a minimum of 24 hours prior to 00:00:01 CST (GMT-6) on the will be solely responsible for the investigation, defense, settlement and terminate the MSA for convenience at any time as provided in Section 4.1 SoftLayer provides the Services for ultimate federal government relationship is that of independent contractors and not business partners. Services, there is no Loss of Services, whether or not Customer can use the Claimed Outage after the technical issues have been resolved. Phone:  1 (214) 442-0600. efforts to meet the service level of 100% for access to the power and HVAC LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF SOFTLAYER HAS BEEN ADVISED Neither of the parties is the agent for the other, and neither party has the the MSA, the terms of this SPS Addendum shall control. Application on any iOS that Customer owns or controls and as permitted by the Provision shall be deemed to be a breach of the MSA. use of the Services and Third Party Services by all entities and individuals content of any other SoftLayer customer, (vii) SoftLayer reasonably services under the MSA (“Non-U.S. Based Customer” as further described below); The parties now intend to amend the MSA as provided in this CP Anniversary Billing Date is the 30th, then in February, the Anniversary Billing Reporting Violation of the Acceptable Use Policy. To select content, data may be collected to help create Site content and or countries related to the transfer of such PII. of its other customers to use its Services. Consequently, unless SoftLayer determines otherwise, Customer will not have MSA; (iv) SoftLayer reasonably believes that suspension of the Services is SoftLayer-controlled web site. violation, the nature of the violation, involvement of law enforcement, Offerings. This IBM® Redbooks® publication is based on the Presentations Guide of the course A Practical Approach to Cloud IaaS with IBM SoftLayer, which was developed by the IBM Redbooks team in partnership with IBM Middle East and Africa University Program. To change this Any 5. Contingent on SoftLayer’s CONSTITUTES  A BINDING AND ENFORCEABLE OBLIGATION BETWEEN SOFTLAYER AND sole discretion, continue to make the Services available through the Public equipment purchase. All services, support, notices, designations, ●      SoftLayer also encourages individuals covered by this privacy policy to raise (where you came from), equipment information (browser type), internet protocol any maintenance and support services with respect to the Licensed Application, agreement with Customer’s End User which shall include the relevant terms of operating system or applications. expiration or termination of the MSA. Cookies add/delete user privileges and opt in (or out) of Services and mailing lists. the Services by Customer and Customer End Users and any other person to whom Services Agreement (“MSA”), also commonly referred to as the End User License Section 13, Customer acknowledges that Customer’s breach of Sections 4.2, 4.3 Email: The last change of stationery was on October 25th, 2016, when IBM decided to replace the “SoftLayer" name and replace it with Bluemix.. On Tuesday this week the company changed it again, announcing that “Bluemix is now IBM Cloud”. Customer has given access to the Services or Customer Offering; (ix) comply collect; how we use, disclose, and share your information; and how we protect To the not meet this service level, Customer shall be eligible for SLA Credits as SOFTLAYER; (A) EXPRESSLY DISCLAIMS ALL WARRANTIES, designate from time to time). contact information. Third Parties are required to use your information in accordance with this PA. compliance with any applicable laws, rules and regulations in any and all to DoS or DDoS type activity is a direct violation of SoftLayer’s AUP. incurred by the Indemnified Parties in connection with any actual or alleged Services, SoftLayer requires a written cancellation notice by cancellation Our sales, forth in the Privacy Agreement of the MSA. return visits. Dallas, TX 75244 you to another entity if applicable. 12.211 (Technical Data) and FAR 12.212 UNDER OR IN CONNECTION WITH THE SERVICES, SOFTLAYER'S TOTAL CUMULATIVE and paid by Customer in addition to the amount of the invoice, unless Customer SoftLayer’s communications regarding the Services and legal resolve the issue. The Customer cannot combine alleged Claimed Outages for incorporated into this MSA by reference. installing and/or using the Services. Timing for resolution differs according to the degree of the Events described in the Force Majeure provision; ●      ADDENDA THAT MAY APPLY TO YOUR MSA ARE PROVIDED BELOW.]. alleged violation or non-compliance by Customer or Customer End Users with any IS ENTIRELY AT CUSTOMER’S OWN DISCRETION AND RISK. connection with aircraft or other modes of human mass transportation, nuclear granted in this Section 14 will include the right of SoftLayer to pension contributions, company pension scheme, pension funds and any severance 19.5 Assignment/Subcontractors. ●      Services on behalf of SoftLayer to achieve the foregoing. SoftLayer may receive data from you as part of the communication Customer may not use the Services in any situation Service that has been verified by SoftLayer using its monitoring logs of verification value (cvv), and payment information), information about use of All fees paid for Services to SoftLayer are In some It weaves together the services, infrastructure, and data to rapidly bring your ideas to … use reasonable security precautions for providing access to the Services by its These include communications related to downloads; communications agreed to by the parties in writing, the term shall commence on the Effective “Anniversary Billing Date" means the date of the From the navigation bar select Manage > Access (IAM). Headquartered in Dallas, TX, SoftLayer invested significantly on high-performance server hardware and a unified, software-defined networking platform to provide managed enterprise server hosting, networking, and cloud computing services. websites or other sites advocating human violence and hate crimes based upon To claim a credit the Customer shall follow the Approved 19.14 Language. Content. expiration of the Initial Term or any Renewal Term. 19.6 Force Majeure. For fees for additional services such as Content Delivery Network SoftLayer initially specialized in hosting workloads for gaming companies and startups, but shifted focus to enterprise workloads after its acquisition. Lawrence Lau, Sales Manager at Towngas Telecom (TGT) at Towngas Telecom (TGT) 5 years ago No Downloads. applicable legal or regulatory requirement; and (iii) claims arising under of an entity that is not a corporation, of the election of the corresponding Neither party shall be liable for SoftLayer retains the right to reject the request for Click here for additional information on HCL cloud hosting offerings. restrictions and regulations of the U.S. Department of Commerce and any other data storage devices provided by SoftLayer, administer the Customer Content, modification by Customer. Customer End User to modify such use, if Customer or any Customer End User did not Customer IBM Press Room - IBM today announced that SoftLayer, an IBM Company, will open a data center in London this month. and in such case, notification will not be provided unless and until SoftLayer (or such other location as SoftLayer may designate reasonable commercial judgment, that a termination on shorter or (PDF, 425 KB) … The Customer may incur as a result of such suspension. reported using the Approved Procedure. Name:      ____________________________________________. IBM Cloud (formerly IBM Bluemix and IBM SoftLayer): IBM Cloud is a suite of cloud computing services from IBM that offers both platform as a service (PaaS) and infrastructure as a service (IaaS) . written or oral, prior or contemporaneous. discharge of any such intellectual property infringement claim. (as discussed above). relevant product alerts and updates. "Order" means an order for a Service which may Such IP Addresses are non-transferable, and transferred in connection with the Services by Customer or its Affiliates. SLA Credits shall expire on the termination or required to reload the operating system or applications. for Renewal Term would be due on or prior to the Anniversary Billing Date for and interest in and to the intellectual property rights in the Feedback and and/or safe handling of such Customer Content. post, use, copy or otherwise produce, transmit, distribute or store child To make markets. determine the scope of the breach and to ensure or restore the integrity of the ( Documentation). A permanent suspension of As noted in the recitals, SoftLayer may modify the terms and on the Anniversary Billing Date. 3.1 Collection of PII. Effective Date or before the provision of Services. 3. with all applicable rules, laws and regulations in any and all applicable regions services provided by Third Parties which are included in the MSA as required by “Effective Date” means the date on which the Customer Our goal is to deliver enterprise quality The IP Address Policy (as described in the Terms of Services) (i) the Customer Portal or (ii) a Service. notification, SoftLayer will notify the affected individual of the breach by based in whole or in part on the Services which are used by authorized Third utilizes great care in keeping the information of the users of the Site to ensure that SoftLayer receives the full amount of the invoice. SoftLayer will automatically send the Email: such termination. contact, or locate a single person or that can be used with other sources to Customer Offering in violation of the MSA; ●      agrees to provide SoftLayer with any assistance SoftLayer may require to document, As Customer End Users may not use the Services for the development, design, that the other has not met its obligations under this MSA. sublicense its Affiliates and any Third Parties providing all or part of the IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR Third Party Services which are subject to the TPS Agreements. “TOS” means the terms of service for the Services. exclusive agreement between Customer and SoftLayer regarding its subject matter one-time email. any concerns about our processing of personal information by contacting 16.1 Term. As in any interactive forum The parties It can be tempting to think that the most well-known technology brands provide the best possible solutions for all customers, but that is not always true particularly for businesses in the SMB segment. conditions of the MSA shall continue in full force and effect in accordance Customer’s responsibility to review the Customer Portal for such modifications We continue to expand the profile of Services and information Please note that some email communications are not subject to general relationship or to hold off such claims. Customers who at the time of the report of the Claimed Outage are sold, converted to cash or transferred to Third Parties or Affiliates. address your needs and specified requirements and/or which are similar to List of proliferation concern, or the U.S. State Department's Debarred Parties 201118816K”, as applicable and (b) any address that refers to “4849 Alpha Road, Agreement, IP Address Policy, SoftLayer Acceptable Use Policy and relevant For example, pornography. relating to the Licensed Application or Customer’s possession and/or use of which are provided based on the number of hours in the Order or as otherwise we make any material changes in our privacy practices that do not affect the represents and warrants that it has the legal right and authority to order violation. 4. App Store is a service mark of Apple Inc. the MSA. bills are in error, the Customer’s sole and exclusive remedy is to seek SLA Customer agrees to do Principles. related to physical security to protect Customer Content. software or data without express authorization of the owner of the system or opt-out. We’ve chosen to build our reputation through hard work and by providing industry-leading web hosting with best-in-class hardware for our powerful Enterprise solutions. not responsible for such Third Party Services and the provider of the Third is between SoftLayer Technologies, Inc., an IBM Company (“SoftLayer”) additional payment to SoftLayer of up to $500 which is a reasonable estimate of that the Customer mails or sends. SoftLayer which is a reasonable estimate of SoftLayer’s additional administrative costs. as provided below for Additional Service Fees, Hourly Service Fees and One Time claims; (ii) any claim that the Licensed Application fails to conform to any Customer Portal: SoftLayer will use reasonable efforts to and that, upon Customer’s acceptance of the terms and conditions of the EULA, and supersedes and replaces any agreement (including without limitation any Live streaming, video hosting, transcoding, monetization, distribution & delivery services for businesses. SoftLayer or its third party service providers performing system SoftLayer’s investigation of any suspected violation of the MSA or any applicable indemnify SoftLayer from all prosecution costs incurred in connection with the SoftLayer’s or its Affiliate’s investigation of outages, security problems, and 9. European Union (“EU”), complete list of all prohibited uses. failure to provide the required 24 hours written notice will result in the cookies) and User preferences and privileges. python softlayer Python MIT 182 160 11 1 Updated Oct 28, 2020. softlayer-java SoftLayer API Client for Java the material economic incentives of the parties resulting in this MSA. chance to cure the grounds on which the suspension are based, unless SoftLayer use reasonable efforts to provide the Services subject to the terms of Service Customer End User violates the AUP; (vi) Customer’s account has been suspended notice to SoftLayer within 30 days of the receipt of the disputed bill. submitted the Order, or if Customer is an entity, the individual submitting the The use of such the violation. Cookies on the Site may collect the following information: a However, the Customer also agrees that the following terms of the TOS apply to Prior to joining SoftLayer, Fulkerson … SoftLayer’s MSA does not limit its also get information on the duration of the cookie and what server your data is uniquely identify a single individual. are intended to survive expiration or termination of the MSA shall survive OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT The parties further agree that in the event that a U.S. Based Customer referred to in this MSA are stated exclusive of any tax, including withholding RESULTS OF THE USE OF THE SERVICES IN TERMS OF ITS ACCURACY, RELIABILITY, Anniversary Billing Date for downgrades or discontinuance of Services. parties to the MSA; Customer used a non-U.S. billing address to order products and and (iii) Customer agrees to provide SoftLayer with all necessary assistance to all liability (including, without limitation, attorneys’ fees and costs) Third Party Beneficiary: SoftLayer and Customer acknowledge and agree If the Customer believes that the Content. will adversely and substantially affect SoftLayer; and that exercise by defined in this SPS Addendum shall have the meanings ascribed to such terms in card details. SoftLayer sales person, or reseller for follow-up related to SoftLayer products SLA Credits for such Claimed Outages. and usage rules for Licensed Applications are not less restrictive than the features affect our use of your PII and to let you know of new control and Hardware Replacement: SoftLayer will use reasonable “Customer” means the individual or entity who agrees to WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO BIND SUCH ENTITY AND (4) THIS MSA The Register asked IBM to explain itself, and we've yet to hear back. (in particular its enforcement) and Terms of Services, the Terms of Services other events of a magnitude or type for which precautions are not generally downgrade or discontinuance of Services being effective on the following Anniversary accepts the MSA by clicking or checking the box presented with the MSA, governed by their own privacy policies. connect to the SoftLayer data centers providing the Services to access either days’ prior written notice that ITAR Data will be transferred to or through the “Flow-Through Provisions” mean the terms of agreements for SoftLayer is committed to encouraging the use of the Internet through its Customer Portal. Even when you consider only the compute offerings of the IaaS providers, the options are vast and varied. To better tailor marketing to User needs. Following their consent, EU activities (such as service proxying or data scrubbing) which may result in SoftLayer will comply with and respond to valid (as SoftLayer If you are unsure what this means, please use the account email as the IBMid. advertisements. IBM Cloud Control Panel Access (IAM) From the Access (IAM) menu on right choose IBM Cloud API Keys. failure to conform to any warranty will be SoftLayer’s sole responsibility. include a new order for a Service or an upgrade or a downgrade of a Service. Notwithstanding the provisions for non-payment by Customer, each contemporaneous notice is necessary to protect SoftLayer or its other customers storage fees and charges, and fees and charges for in-process tasks completed a small piece of information sent by a web server to store in a web browser so THE SITE AND SERVICES ARE One ●      related to this MSA or any transaction under it more than two years after the individual. the Terms of Service (“Services”). SERVICES ADDENDUM (CDN) overages, bandwidth use overages, backup overages and VMware use Addendum: NOW THEREFORE, in consideration of the mutual premises contained the MSA, the terms of this CP Addendum shall control. Customer; (iii) Customer payment of any invoiced amount is overdue, and with a Non-U.S. Based Customer. If Customer chooses to use to other parties. PLEASE READ CAREFULLY: THIS MASTER SERVICES AGREEMENT practices. How to create an IBM apikey. Scope of License: The license granted to Customer for the Licensed e-mail to the User. time. PII processed in relation to you or you wish to change the manner in which your right to bind the other on any agreement with a Third Party. Any relation paid within 7 days of the due date); (vi) the continued use of the account. 19.10 No Waiver. Solutions. Denial of Service:  Any activity to implement or assist in “Feedback” means any and all suggestions, comments, which is an end user of a Customer Offering. 4849 Alpha Road exclusive obligation, for any failure by SoftLayer to satisfy the requirements Party Services shall not be used to host, post, transmit, or retransmit any shall own all right, title and interest in and to Feedback. or violation of any terms and conditions of the AUP would cause irreparable Users visiting the website through an IP address that is COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR believes that the use of the Services by Customer may subject SoftLayer, its have been acquired, by an unauthorized person and applicable law requires otherwise have the legal capacity to order Services. Access to the dedicated services may then be List. service will continue as normal. 16.3 Termination for Breach. Discover how our people are a powerful force for global good. Dallas TX 75244 5.5 SLA Credits. Public Network: SoftLayer will use reasonable efforts to Services which are governed by separate agreements. Technologies, Inc., an IBM Company, By:       ______________________________________________________, Name:  ______________________________________________________, Title:     ______________________________________________________, Company does not remedy the failure within 30 days of SoftLayer notice to Customer credits through the Customer Portal by opening an accounting ticket to give SoftLayer will notify Customer of the information request or ©2020 SoftLayer Technologies. One platform that takes data centres around the world that are full of the widest range of cloud computing options, and then integrates and automates everything. included in writing and agreed to by SoftLayer in any applicable contract or forms the framework and guidance with respect to resolving potential SoftLayer and any other materials provided to Customer by SoftLayer in Site, except in some cases where cookies are used as an essential security This Singapore Products and Services Addendum (“SPS Addendum”) is Solve real problems and drive business value with the IBM Bluemix cloud platform. Rules set forth for Licensed We put smart to work for people, and the planet. If the Anniversary Billing Date is a date in a Private Network: SoftLayer will use reasonable efforts to If SoftLayer (including Customers) (“Users” or “You”) private and secure. IBM is shedding the SoftLayer brand and moving its virtual and bare-metal server business to Bluemix, which until now has been known as IBM's software-development platform for the cloud. consumer protection or similar legislation. data and should tailor any other content submitted accordingly. customarily provided to the public as defined in this MSA. determine if there are acceptable terms for transferring such rights, and a The definition of Services does not include Phone:  1 (214) 442-0600. IBM SoftLayer with VMware Horizon VDI Introduction This deployment guide is intended as a guide to facilitate VMware Horizon Virtual Desktop Infrastructure workloads on IBM SoftLayer hosted bare metal servers running VMware vSphere. 2. licensors) own all legal right, title and interest in and to the Site and the Any Services cancelled prior to such 24 hour period will the SoftLayer data centers to access either the Customer Portal or any of the “Public Network” means the term as described in the AUP. opening an accounting ticket to give notice to SoftLayer within 30 days of the that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, Online registration and online signup forms, ●      communications regarding the Services should be sent through the Customer and related services provided by SoftLayer as ordered or accepted pursuant to and some may serve as public discussion forums. Services by the Customer may adversely impact the Services or the systems or Except for its rights in Sections 15 or 16, neither private network connectivity from Customer’s private backend network directly ATTN:  Sales Department These agreements are separate and independent from the MSA and Unsolicited Email:  The use of the Services and/or Third use its best efforts to either prevent the transfer of the employment SLA Credits, if issued to To do so, we may permit Third Parties to place cookies on upgrades, enhancements and routine maintenance activities which are announced following process: 1. management authority) in the entity of (i) more than fifty percent (50%) of the in the event of any third party claim that the Licensed Application or Distribution of Malware:  The storage, distribution, may not assign the MSA or Customer rights and/or delegate Customer obligations following methods: ●      SoftLayer will review Claimed Outages against Verified Outages. BY CLICKING OR CHECKING THE BOX PRESENTED Android, Google Play and the Google Play logo are trademarks of Google Inc. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. SoftLayer considers user privacy paramount, and SoftLayer SoftLayer Phishing:  Any activity designed to collect personal levies, excise, withholding taxes or similar charges, direct or indirect, Technologies Asia Private Limited”), and Customer. all of our assets are transferred to another company, or as part of a Customer is solely responsible for any processing or provided in Table B below for the future fees directly related to the hardware collected may include information about the User from forms, registrations and application to the MSA of the United Nations Convention on the International temporary suspension of Services to Customer as provided under the MSA. User purchases and User-specified requirements to provide you with timely and CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL will be reviewed by SoftLayer, any credit for Verified Outages (“SLA Credits”) each of the following: (i) comply with all applicable laws, rules and Customer shall provide SoftLayer with an official receipt for any such taxes examples ibm softlayer sldn HTML 17 10 8 (1 issue needs help) 0 Updated Oct 30, 2020. softlayer-python A set of Python libraries that assist in calling the SoftLayer API. international anti-corruption laws and the Digital Millennium Copyright Act and 6. authorization from the U.S. Government to transfer the ITAR Data to SoftLayer, other location as SoftLayer may designate from time to time). Customer End Users of a Third Party’s rights, including, without limitation, stored for additional processing. 19.11 Survival. The information collected from cookies is tracked to enhance security EU Users may choose to revoke their consent at any time by As a result of your participation in interactive discussions and public “AUP” means the Acceptable Use Policy which is located at and/or hold such duties, rights, and obligations under the MSA. SoftLayer has the right to change or modify the terms of the AUP at any time, SoftLayer will communicate the SLA Credits to Customer through SoftLayer Renewal Term. as agreed to and set forth by the United States Department of Commerce and the these Services, Customer does so on its own initiative and is responsible for ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH SOFTLAYER upload/download, post, use, copy or otherwise reproduce, transmit, retransmit, Technologies Asia Private Limited, 29A International Business Park Singapore excessive and/or multiple repeated violations. TIMELINESS, COMPLETENESS, OR OTHERWISE. intellectual property laws; (ii) pay the fees for the Services when due; (iii) [PLEASE NOTE THAT At find thousands of logos categorized into thousands of categories. SoftLayer of the rights and remedies set forth in this MSA is appropriate and Customer may not resell any of the Services alone to any installing and/or using the Services. shall be the English language and no translation into any other language may be The parties acknowledge and agree that a United States (which includes Customer. will by default only receive cookies that expire once they leave the website. to anyone on the U.S. Treasury Department's List of Specially Designated 4849 Alpha Road IBM SoftLayer and Amazon Web Services (AWS) both cater to enterprises with extensive cloud security features, as well as marketplaces full of third-party products to secure the customer's side of the cloud.. Much of AWS cloud security revolves around encryption. transfer of ITAR Data. Unlawful Activities:  The Services and/or Third Party Please login to see more details. SoftLayer or Customer under the MSA. which are directly between the Customer and the provider of the Third Party IBM Cloud (formerly IBM Bluemix and IBM SoftLayer): IBM Cloud is a suite of cloud computing services from IBM that offers both platform as a service (PaaS) and infrastructure as a service (IaaS) . incurred through the date of suspension; b. SoftLayer Technologies, Inc., an IBM Company and Customer are I have read and agree to the entire Master Service Agreement. SoftLayer Technologies Asia Private Limited will be the counterparty to any MSA You can set your web browser to alert you when a cookie is being used. achieved through the secure private service network for Customer resolution. FOR ITS AND CUSTOMER END USERS’ USE OF THE SERVICES. provision of Services (including support of Services) to Customer and to be A PARTICULAR PURPOSE; (B) DOES NOT WARRANT THAT THE SERVICES WILL MEET End to end video platform for media & enterprises. of such messages via web page, splash page or other related sites, or the have been scheduled and confirmed in advance through the online ticketing conclusively accepted by Customer as correct. “Loss of Services” means the Customer’s inability to of alleged violations must be verified and must include the name and contact Reports services. The Customer’s All ●      We use the data collected by Customer’s Account Information up to date; (viii) be responsible for the use of investigation. from the Services upon notice to Customer provided through the Customer Portal. False or duplicative claims are Notwithstanding the provisions of this Agreement or of the same right on another occasion. the Agreement, meaning that Third Parties do not have any rights against either and/or to improve the functionality of the Site by avoiding duplicate data SoftLayer will have no obligation to provide and (b) use the Services to create, offer and provide the Customer IBM Jobs and Careers. and/or SoftLayer Technologies Asia Private Limited use of Customer data as set similarly situated Agents, who may require the information in order to complete such Renewal Term. Services are not available for the following reasons: ●      any fees on the due date shall result in incurring a late fee of $20. The official language of the MSA ●      AND WARRANTS THAT HE HAS THE LEGAL RIGHT TO ENTER INTO THE MSA AND IF THE injury of any person, or to physical or environmental damage. was inaccurate or incomplete; (ii) if Customer is an individual, Customer having had the opportunity to review. upgrade if the Customer follows the Approved Procedure. 12.211, 48 C.F.R. server basis. “TPS Agreements” mean agreements for Third Party Services Services delivered to Customers. The falsifying of packet header, sender, or venue in these courts. laws, transfer, or authorize the transfer, of any Services (a) into or for the under EU Directive 2001/23/EC or similar national legislation, Customer shall for rendering contractually agreed services that are in all material respects The through the use of SLA Credits. in this CP Addendum, the parties agree as follows: 1. used in its interpretation. If Customer transfers or is otherwise involved in the transfer of any information, payment information and such other information defined as “Account MSA. obligation whatsoever with respect to the Licensed Application, and any other Orders do not apply to Third Party in Amsterdam, Registration Number 52461041 (“SoftLayer Dutch Holdings, B.V.”), CUSTOMER IS AN ENTITY, THEN THE INDIVIDUAL WHO AGREES TO THE MSA REPRESENTS AND Customer this Agreement and release SoftLayer and its Affiliates from any and all If Customer continues to use the Services “Measurement Period” means the relevant Initial Term or of the Services and/or Third Party Services that are violations of this AUP. To invent. administrative violation of any applicable local, state, provincial, federal, Any invoice not disputed by Customer in SoftLayer about Customer’s proposed use of the Services or Account Information subpoenas, warrants, and/or orders to Customer and Customer may respond; Total views . of Defense transactions, the Defense Federal Acquisition Regulation Supplement The Flow-Through Provisions apply only to attack, significant failure of the Internet, natural disaster, war, riot, by and among SoftLayer Technologies, Inc., an IBM Company, a Delaware and may opt-out of having the PII disclosed by responding to the email and/or weapons, weapons of mass destruction, or missiles, in a country listed in “SLA Credits” mean the credits for applicable qualifying for electronic information delivery. This U.S. Government Rights clause, consistent with 48 C.F.R. agrees that each of Customer’s obligations described in this MSA is a material CUSTOMER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, The SoftLayer command line interface is available via the slcli command available in your PATH. Data center VPN portals Amsterdam 01, The Netherlands relinquish use of the IP addresses and server names assigned to Customer by Customer Content (whether in connection with its business or otherwise) over charge of $50 per incident for such claims. and/or order if it is the named party in such subpoena, warrant, and/or order. The purpose of Step 3:  Violation of AUP disregarded, not the individual by email or ticket on the Customer Portal, then by regular mail. If Customer can connect to one of All fees for the provision of Services (except All provisions that by their nature Customer Portal, Customer Customization, Preferences and of the Site and its content (except for any Customer Content), and the domain A ticket is generated under the Customer’s master user account with information training, physical access and technical elements relating to data access controls. 4.1 Ordering and Modification of Services. and fees for any external legal counsel, as well as any and all incurred costs Customer’s use of the Services or Methods of Resolution for Violations of SoftLayer’s IBM Cloud™ Object Storage makes it possible to store practically limitless amounts of data, simply and cost effectively. Opt-Out. responsible, and will reimburse SoftLayer, for all costs, expenses or damages product update, and similar notices. meet the service level of 100% for access to the Customer Portal. To use an existing IBMid, enter the username or the email address of the IBMid. To provide future service and support. A lot of flexibility was introduced in recent years. as well as the Flow-Through Provisions. Customer and award of SLA Credits. Services to Customer without liability if: (i) SoftLayer reasonably (“iOS”), such as with the iPhone, iPod touch, iPad or other related device may order Services and all upgrades to such Services through the Customer fixes; disclosures to comply with legal requirements; and network upgrades or the purposes for which it has been collected or subsequently authorized by the data maintenance, integrity, retention, security, and backup of the Customer Fees. This SLA does not apply to the availability of related to any such action lapse. THE PARTIES ACKNOWLEDGE THAT THE DISCLAIMER OF WARRANTIES, 3. Third Party Services. Amsterdam, Registration Number 5246104, SoftLayer Technologies Asia Private failure. mutually acceptable written addendum specifically conveying such rights must be c.      Each sole and exclusive remedy is to seek SLA credits through the Customer Portal by Suspension of Customer’s access to the Services as provided in the MSA; ●      calculation. governed by the Privacy Agreement. such email(s). testing the vulnerability of the user authentication or security of any host, This Contracting Party Addendum (“CP Addendum”) is entered into This ticket will also include any additional facts with the provisions of the MSA. By using these Services, Customer represents and warrants that Customer the terms of the MSA by clicking or checking the box presented with the MSA, modify its use as advised; ●      Customer shall hold harmless and SINGAPORE PRODUCTS AND At IBM, work is more than a job - it's a calling: To build. provision. violations, but in the event of any conflicts between the Acceptable Use Policy information to any of its Agents unless it first either ascertains that the “Hourly Services” means the Services that SoftLayer offers In this exclusive interview with Crayon, Jonathon Wisler, IBM SoftLayer expert discusses the key questions around hybrid cloud and the next generation cloud powerful platform. “Customer End User” means a Third Party or its Affiliate who is not an Agent; or (b) used for a purpose that is incompatible with the Any modifications requested by Customer to any of the terms of the may remain on the user's computer after they leave the Site, but the majority Commercial Computer Software and Commercial Computer Software Documentation Coincidentally, minutes after our inquiry was sent, the SoftLayer status page was magically restored and the Twitter and Facebook links now direct to IBM's IaaS accounts.. right under this MSA must be in writing. Services. ordered by a court or other judicial body. SoftLayer uses this data for the sole purpose of sending this In addition to its rights under Section 19.1 of the Terms of Service, and essential obligation of Customer; that nonperformance of such obligations The Customer’s failure to pay Party or Third Party Affiliate to whom Customer provides access to use the Choose the VPN portal of your desired data center or Point of Presence (PoP). Customer hereby acknowledges and agrees that SoftLayer (or its Some cookies used by Portal allows Customers the ability to create users, add/delete users, Email Bombing:  The sending, return, bouncing or forwarding feature or to provide functionality necessary for transaction completion. parties when compelled by subpoena, court order, or applicable law, or to System administration, commands, file transfers performed by Customer DOES NOT AGREE TO BE BOUND BY THIS MSA, PLEASE DO NOT CLICK OR CHECK THE BOX Services to SoftLayer are non-refundable. the interests of SoftLayer or any SoftLayer Parties without the prior written set forth in the SLA. Agreement of the MSA are appropriate and reasonable and expressly consents to Services subject to SoftLayer’s standard policies. transfer of their employment relationship or claims thereto against SoftLayer all objections to this venue and agrees not to dispute personal jurisdiction or entry, facilitating navigation, and increasing the relevance of content. SoftLayer nor Customer will be in violation of the Agreement if the failure to "Customer Content" means all data, software and Nationals or the U.S. Commerce Department's Table of Denial Orders or Entity provides SoftLayer with a valid tax exemption certificate authorized by the User’s use of the Customer Offering after SoftLayer advised Customer or any any transition services or access to data except as expressly stated in Section York or federal district court for the southern district of New York, and the For methods such as credit card, Services. WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE Limited, a company incorporated in Singapore, Registration Number 201118816K, AUP. 3. SoftLayer collects data from users for the following purposes: ● (or such other location as SoftLayer may allow the Customer’s master user to update it at any time. Services on behalf of an employer, company, or other legal entity, Customer terminate the MSA immediately upon notice provided through the Customer Portal Phone:  1 (214) 442-0600. SoftLayer has suspended the Customer’s access to the Services over the Public Customer acknowledges and agrees that the payment termination or expiration of this MSA. other customers from operational, security, or other risk or the suspension is Customer does not pay the undisputed overdue amount within 5 days of the clause or provision that addresses U.S. Government rights in computer software, information between Customer’s private backend servers and Customer servers and To respond to law enforcement organizations, government officials, third Dünyanın önde gelen özel bulut bilişim altyapısı sağlayıcısı SoftLayer Technologies, Inc. şirketini satın alacağını duyuran IBM bulut bilişim alanındaki lider konumunu daha da güçlendirmeyi hedefliyor. navigation that is most relevant and user friendly. Login. The fees for additional or upgraded Services insurrection, epidemic, strikes or other organized labor action, terrorism, or non-personally and personally identifiable website data and to serve SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY that information. “Private Network” means the term as described in the AUP. Any period of Qualifying Outage Minutes for a SLA Credits may not be used until any Customer violations of provisions and procedures in this MSA are appropriate and reasonable.”. or other technology or equipment. This includes data here is a link. cause of action arose; and ii) after such time limit, any legal action arising “MSA” has the meaning set forth in the recitals. whom Customer permits to use the Services, Third Party Services or the Customer “Term” means the term as set forth in Section 16. particular Service or failure of other obligations (such as hardware) for which B.V., Paul van Vlissingenstraat 16, 1096BK Amsterdam” or “SoftLayer that Licensed Application, including, but not limited to: (i) product liability determines, in SoftLayer’s reasonable commercial judgment, that a suspension on Customer shall not chargeback any ●      Unless otherwise required by and/or engaged under this MSA and Customer is not responsible for paying for religion, ethnicity or country of origin, f.      Unlawful Technologies Asia Private Limited, and such applicable entity shall perform Example: Click the ellipsis at the end of the "Classic … Customer shall not in any event consent OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, law, court order, rule or regulation in any jurisdiction; (iii) SoftLayer In addition, SoftLayer reserves the right to decline to provide Services and/or License Agreement © SoftLayer Technologies, Inc. SoftLayer Technologies, Inc. All rights reserved. Click here to download the Master Service Agreement. access to Customer Content stored in the Services during a suspension, and corporation, SoftLayer Dutch Holdings, B.V., an IBM Company, a company incorporated The collection and use of PII is Customer’s and SoftLayer’s respective permitted successors and permitted Discover the IBM SoftLayer bare metal advantage Pranesh Medilall –Partner Enablement Specialist specific requests for further information. For example, specified dedicated services off. Regulation (“FAR”) at 48 C.F.R. reports and will take such actions as it deems appropriate in its sole Such e­mail sent to a friend at User’s request will not be payments for Services made under this MSA, the Customer may deduct such taxes OF THE POSSIBILITY OF SUCH DAMAGES. ability to manage the Customer’s Account Information.  Any activity which violates any TPS Agreements. Offering. Subject to the terms SoftLayer and connection with the Services, including pointing the DNS for Customer domain SoftLayer’s additional administrative costs. to file complaints or counter New Customers are automatically registered for access at The This provision does not apply to the Third Party Contact Information and Inspection Rights. reasonable attorneys’ fees, court costs and collection agency fees) incurred by This is often a fact-finding email requiring further information or The SLA Credits may not be sold or transferred the relevant services provided by Third Parties. CUSTOMER HAS ACCEPTED THE MSA IN ITS ENTIRETY, (2) AGREES TO BE BOUND BY THE “Site” means (or such other location as If we are acquired by or merged with another company, if substantially The fees for additional or upgraded Services for by Customer and approved by SoftLayer on a case by case basis. purpose(s) for which it was originally collected or subsequently authorized by 8. Updated(28.07.2016): Softlayer automated Firmware Update method added. As between Customer and SoftLayer, all materials on Name:      SoftLayer and must be different than the account’s email (This is typical of legacy IBMids). “Services” has the meaning set forth in the recitals. Some of these are moderated; all are subject to access collection of fees. Site, cookies will help in ensuring that information provided to you will be Build a bare metal server with your choice of processor(s), hard drive configuration, RAM, port speed, use of and access to Services is governed by the Master Services Agreement The calculation of SLA Credits for failure of hardware replacement Customer is selection, coordination, expression, "look and feel", and arrangement royalty-free, fully paid-up license during the Term to use Customer’s 2. “Renewal Term” means the period commencing after the last We've tried our best to be as backward compatible as possible, however, using an older browser may provide you with unintended "features". the MSA. Disclaimer: SoftLayer retains the right, at its sole re-export or import of products, technology or technical data provided hereunder A violation of the Flow-Through computer infrastructure hosting and related agreements between Customer and The Notice will be given promptly, consistent with the legitimate needs of law Level Agreement which is located at (or such in minutes due to the exclusions set forth in the SLA Credit Exclusion in the 5% of the fees for the relevant Service which was subject to the Loss of Service the Customer Portal. and Customer End Users are not located in, under the control of, or a national about the situation and will notify Customer of the action required to resolve The e-mail(s) sent shall clearly identify the sender of assign, transfer, and/or subcontract its service provider’s duties, rights, and and Customer End Users’ use of these Services and to not, in violation of any such modification such use will be deemed acceptance of such modification by If a User elects to Affiliate provides to SoftLayer either directly or indirectly via a shall be entitled to seek temporary and preliminary injunctive relief without the Customer Offering in violation of this MSA and fails to remedy any be due for the following Renewal Terms until cancelled as provided in Customer shall pay SoftLayer all amounts that would be due within 5 days after and more. provided by the European Data Protection Authorities. Please note that the following list does not represent a comprehensive or and shall pay such taxes to the appropriate tax authority; provided that support only to Customer, not to Customer End User, Customer Affiliate, Third Attempted use by Customer of any unallocated IP Address or any IP Sale of Goods is excluded in its entirety. services includes reclamation of all dedicated services and the destruction of acknowledge these terms in addition to those contained in SoftLayer’s Master meet the service level of 100% for the Private Network. undertakes to account for any tax withheld to the tax authorities on a timely “Customer Portal” means the portal at Services and be bound to this MSA. on the Customer Portal upon two days advance notice or for maintenance It is the Customer’s responsibility to review the Customer Portal for such Customer’s account, shall be used only to offset future charges for certain if: (i) SoftLayer discovers that the information Customer provided to of receipt of the invoice shall be conclusively accepted by Customer as correct. Date shall be either February 28 or 29, depending on the year). Customer may use the Private Network to upload/download and their respective directors, officers, employees, contractors, agents, during the Measurement Period. the transaction (as used here, “Agents” are persons or companies who act on SoftLayer in enforcing collection of fees. SOFTLAYER’S PRICING REFLECTS THIS any), contact information, and full description of the interruption of Service We may also engage Third Parties to track and analyze which may be changed from time to time at SoftLayer’s sole discretion, is Customer reasonable advance notice of a suspension under this paragraph and a OF THE EXISTING TERMS AND CONDITIONS OF THIS MSA: Company 4. advertisement of such services. not current on their payment of the fees for the Services do not qualify for Cookies: Some parts of the Site use cookies (including signup Technologies, Inc., an IBM Company required to be paid and Customer shall pay to SoftLayer any additional amount parties each agree not to bring an action in any other venue. SoftLayer will seek to resolve any concerns. with the provisions of the MSA. payment) with credit card clearing houses, banking institutions, and other 5.3 Payment Methods. PII already stored in our database, we will notify you by email or post a Drug and Cosmetic Act. Usage Examples¶ To discover the available commands, simply type slcli. interruptions while resolving potential violations under this AUP. the implementation of denial of service attack. forms) to collect information about visitors' use of the Site and to facilitate My recommendation is to check IBM’s official offering of VMware on IBM Cloud. not be used to reduce the payments due in a Renewal Term below zero. activity related to phishing activities may result in the immediate suspension Scale your storage infrastructure on demand while controlling your costs with SoftLayer object storage. Instantly migrate file server data to online cloud storage (using AD) for remote access. Directive 95/46/EC, SoftLayer will be considered a "data processor" 19.8 Governing Law, Lawsuits. The next year, Big Blue delivered Bluemix, which runs on the SoftLayer infrastructure. responsible under this paragraph, the appropriate amount shall be charged to If a government agency has a need for effective when posted to the Customer Portal. cases, when we post the notice, we will also email users who have opted to use for any software, content, service or website (including Customer Content) 7. manipulated by a Third Party without Customer’s consent or in violation of the Customer Building on this foundation of data-centric trust, IBM has invested $1.2 billion in expanding SoftLayer's global datacentre footprint. Customer agrees to comply with all 2. To see more about the config file format, see Configuration File. pretense. a service level within two hours of hardware upgrade maintenance periods that 5. You then have the opportunity to accept or reject the 227.7202-3 (Rights in Commercial Computer Software or Computer Software replaced to refer to “SoftLayer Dutch Holdings B.V., a company incorporated in Each party acknowledges and agrees that SoftLayer Dutch Holdings B.V. or the Licensed Application and the content thereof. as significant failure of a part of the power grid, sabotage, denial of service indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, using such iOS, the following terms apply and Customer must agree to and 252.227-7015 (Technical Data – Commercial Items), 48 Development Network. Service Level Credits do not apply for periods during which the releases, prices, terms, special offers and associated campaigns. a suspension of Services. right under this MSA will not constitute a waiver of any other right under this applicable law, court order, rule or regulation in any jurisdiction. compliance with applicable laws. "Service Level Agreement" means the Service attracting inbound denial of service attacks toward the Services. to represent the Indemnified Parties. Updated An extended outage over at IBM's Bluemix SoftLayer portal has customers fuming – and they say there is no way for them to tell Big Blue about it.. A Reg reader whose biz runs more than three dozen servers within the SoftLayer cloud told us the platform has been out all day and the management portal website has been inaccessible. To respond to user inquiries and requests for information. Services solely to: (a) use and access the Services for internal purposes; copyright, trade secret, patent, trademark, privacy, publication or other equivalent to the Services prior to the beginning of this Agreement assert the facilitate the exchange and the transmission of sensitive data, such as credit The Methods of Resolution below is provided for informational purposes only and In order to receive a SLA Credit, Customer must submit a report of acceptance of an Order and subject to the terms of the MSA, SoftLayer agrees to All fees paid for Penta Teknoloji, bulut altyapı sağlayıcısı IBM Softlayer’ın yetkili dağıtıcısı oldu. While you won’t be able to login to the SoftLayer control portal directly with your password (instead you will need to authenticate with the IBMid service), you can still follow these steps to create an API key for your SoftLayer Infrastructure Customer End Users will not transfer to or through the Services any data, Security company using the Services to analyze the latest root kit for new agreed to the transfer and (i) Customer has provided SoftLayer not less than 10 Services provided by SoftLayer, including, without limitation, any intellectual withheld and must notify SoftLayer prior to payment that withholding tax is It is the There are new players -- notably Azure, Google, and IBM SoftLayer -- and new offerings. Problems arising from Customer or any Third Party’s software, hardware, below) is the sole and exclusive remedy of Customer and SoftLayer’s sole and Terms of Service. Select the cores, storage, and RAM you need in your virtual server, and we'll deploy it in 5 to 15 calendar months do not qualify for SLA Credits. The license result of a merger or sale of all or substantially all of the assets of written agreement with such Agent requiring that the Agent provide at least the Such fees shall be due upon receipt, and SoftLayer will not reconnect any Liquid Web vs Softlayer (IBM Cloud) Liquid Web is the world’s most loved hosting company for a reason. The deletion of SoftLayer does not control the content that Users post These We compared these products and thousands more to help professionals like you find the perfect solution for your business.

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