PART A - VIRTUAL PRIVATE SERVER INFRASTRUCTURE
In this section "Broadcom Offering" means any Broadcom software and related support offerings outlined in the VCSP Product Licensing Guide located at the Broadcom Partner Portal forming part of the Services and/or VPS.
"End User Agreement" means collectively the terms governing the End User Customer’s use of the Broadcom Offering located at: https://www.vmware.com/agreements.html including support terms, the Specific Program Documentation and SaaS Listing(s) applicable to the Broadcom Offering.
"VPS" means the virtual private server with the specification set out in the Order Form.
1.0 ASK4 OBLIGATIONS
1.1. ASK4 shall provide the VPS with the customer's chosen operating system, provided this is technically possible.
1.2. Unless otherwise agreed in the Order (for example support services are provided by ASK4), access to the VPS is limited to You and the persons You have authorised. ASK4 have no regular access to the content of Your virtual server in order to resolve technical incidents, ASK4 may remotely access the physical servers on which the VPS is located and, therefore, we may have access to Your content. In this case, ASK4 shall only be permitted to perform the work that is required to resolve an incident.
2.0 ADDITIONAL CUSTOMER OBLIGATIONS
2.1. As a server administrator, You are responsible for securing the VPS against unwanted attacks and manipulation by third parties and installing reliable security software and keeping it updated.
2.2. Unless support services as detailed in PART I are provided by ASK4, You are responsible for updating the operating systems and application software installed on the VPS at Your own cost and risk.
2.3. You agree to configure Your programs to automatically restart when the hardware or operating system restarts.
2.4. Unless support services as detailed in PART I are provided by ASK4, importing and installing operating systems, images and other external content is done at Your own risk. ASK4 assumes no liability for third-party content and applications and damage resulting from the installation and use of third-party materials.
2.5. You agree to co-operate and follow ASK4's instructions regarding Software upgrades for the purposes of maintaining the security and stability of the VPS services provided.
3.0 SERVICE LIMITATIONS
3.1. The VPS forms part of a complex hardware platform that manages all of the servers that share the infrastructure. ASK4 reserves the right to partially or completely interrupt the provision of the VPS service in the case of:
3.1.1. excessive consumption of resources; or
3.1.2. other disruptions that can be traced to You that are observed to be impairing the performance of the platform on which the resource is located-infringing on the rights of third parties that share the infrastructure.
3.2. If the events set out in Clause 3.1 occur, ASK4 shall notify You so that You can resolve the issue in question. During this time, ASK4 will temporarily suspend the provision of the VPS service. If the problem occurs again after the VPS service is restored, ASK4 reserves the right to cancel Your VPS service without notice.
4.0 BROADCOM TERMS
As the Service is supported by VMware by Broadcom, You agree to the following terms ASK4 is required to flow down to end users.
4.1. End User Agreement: You shall adhere to the End User Agreement. You shall not remove, modify, or alter the End User Agreement or allow any third party to do so. You acknowledge that Broadcom shall not engage in negotiations of an End User Agreement or related terms with You as an end user.
4.2. Audits & Records: You are not permitted to resell, distribute or provide a managed service, either internally or externally to a legal entity which is not part of the corporate group to which You belong. Any use of a Broadcom Offering within Your corporate group shall be considered a licence for internal use. ASK4 shall have the right, upon 10 business days’ notice to You, to examine Your facilities, books and records related to the Order, including without limitation, Your usage of the Broadcom Offerings.
4.3. Title of Broadcom Offerings: No title to or ownership of any Broadcom Offering or anything produced by Broadcom is transferred to You pursuant to this Agreement. Broadcom and its licensors retain all right, title, copyright, patent, trademark, trade secret and all other proprietary interests to all Broadcom Offerings or anything produced by Broadcom and any derivatives thereof. No title, copyright, patent, trademark, trade secret or other right of intellectual property not expressly granted under this Agreement is exchanged between the Parties. Broadcom does not transfer any portion of such title and ownership or any of the associated goodwill in the Broadcom Offering to You, and this Agreement shall not be construed to grant You any right or license, whether by implication, estoppel, or otherwise, except as expressly provided herein. You agree not to de-compile, reverse engineer, reverse compile, modify, translate or perform any similar type of operation on any Broadcom Offering, in any fashion or for any purpose whatsoever.