Common use of Security Access and Fraud Clause in Contracts

Security Access and Fraud. 9.1. You agree to implement and is wholly responsible for implementing reasonable security precautions and practices in relation to the use of Disaster Recovery as a Service. 9.2. You are solely responsible for any non-physical security breach or unauthorized usage of Disaster Recovery as a Service. 9.3. Xxxxxx shall limit access to Disaster Recovery as a Service and take reasonable security efforts to prevent unauthorized access to of Disaster Recovery as a Service. 9.4. You are solely responsible for user access security or network access security with respect to your Content. 9.5. Xxxxxx shall use reasonable commercial efforts to assist in network security breach detection or identification. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches and is not liable for any security breach that occurs despite its efforts. 9.6. You are responsible for identifying all user management rules for the account. This includes identifying which individuals have access to account administrative, security, technical and billing rights. You are responsible for any use of the account regardless of who uses the Services. 9.7. Xxxxxx will track all access to your Services through the online ticketing system/support system and will ensure that you have all your necessary documented approvals prior to accessing or changing your Services. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an event Xxxxxx will attempt to contact the main or alternative contact or the Principal User. 9.8. When a situation is considered a security breach or could have serious consequences, Xxxxxx will notify you and will act on your behalf if Xxxxxx is unable to get correct approvals in a timely manner to deal with the threat. 9.9. In the event of any emergency that presents a substantial risk of a service outage, or damage to Xxxxxx Equipment or data belonging to Xxxxxx, a third party, the data centre facilities, or to any persons or property present therein, Xxxxxx shall take all reasonable measures to respond to the emergency; and only as necessary, Xxxxxx may disable Disaster Recovery as a Service if the emergency requires such action to avoid damage. 9.10. You agree to co-operate and assist Xxxxxx with any investigation or action taken in relation to Xxxxxx’ operations and provisioning of services, confirmation of your compliance with the Agreement and, or breach of the Agreement by you. 9.11. All Content within Disaster Recovery as a Service is completely isolated through the use of industry standard virtualization protocols and VLAN rules within the infrastructure. You are further isolated with virtual firewalls. All Content will be located within the of Disaster Recovery as a Service secondary site is housed within one of Xxxxxx’ data centre facilities located within Canada. 9.12. You are not permitted to run security penetration tests on Disaster Recovery as a Service without prior written approval from Xxxxxx. Any such actions will be considered an improper use under the Agreement. Xxxxxx may, without liability, restrict Virtual Data Centre access if You performs invasive platform testing without written approval. 9.13. To the extent practicable, updates are performed in collaboration with You. For any avoidance of doubt, after the delivery of the Service to you, the responsibility to manage and update of the operating systems and pre-installed applications is transferred to you. 9.14. Notwithstanding the foregoing, Xxxxxx reserves the right to request that you install updates and patches in connection to running Services. If you fail to comply with the reasonable request of Xxxxxx to update the operating system or application, and such failure to comply creates a security risk to your Content or the Services or to Xxxxxx, its Subcontractors, or other customers, Xxxxxx may suspend access to the Service(s) until you comply with such request or the Service is reinstalled. 9.15. If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity of the Service and the entire infrastructure. 9.16. In case of a security breach Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. 9.17. Xxxxxx reserves the right, without incurring liability, to suspend the Services, if there is (a) a threat to the stability and/or security systems of Xxxxxx’ infrastructure, the Services and/or your data/Content, or (b) your breach of the Agreement. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release it of any obligation to pay for the Services. 9.18. Xxxxxx shall not be held responsible for your usage of the Disaster Recovery as a Service, notably for any misuse of the Services by you through the Self Service Portal.

Security Access and Fraud. 9.1. You agree to implement and is wholly responsible for implementing reasonable security precautions and practices in relation to the use of Disaster Recovery as a Service. 9.2. 5.1 You are solely responsible for any non-physical security breach or unauthorized usage of Disaster Recovery as a Servicethe Business Resumption Services, your equipment, including unmanaged Xxxxxx’ equipment, and your accounts. 9.3. 5.2 Xxxxxx shall limit access to Disaster Recovery as a Service will take precautions and take use commercially reasonable security efforts to prevent unauthorized access secure Xxxxxx Equipment, excluding unmanaged Equipment provided by Xxxxxx, and Xxxxxx Service platforms and, as determined by Xxxxxx, to identify security breaches. Notwithstanding any action of Disaster Recovery as a Service. 9.4. You Xxxxxx, you are solely responsible for user access security or network access of your data. Where a situation is considered a security with respect to your Content. 9.5. breach, Xxxxxx shall use notify you as soon as commercially reasonable commercial efforts and may act on your behalf if Xxxxxx is unable to assist get correct approvals from you in network a timely manner to deal with the situation. However, Xxxxxx shall not be liable for any inability, failure or mistake in doing so, nor any security breach detection or identificationthat occurs despite its commercially reasonable efforts. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches and is not liable for any security breach that occurs despite its effortsbreaches. 9.6. 5.3 You are solely responsible for identifying all establishing access and user management rules for the account. This includes identifying which controls that clearly identify individuals who have access to your account administrativeadministration, security, technical and/or billing rights (“Access Control and billing rightsUser Management Controls”) and to communicate same to Xxxxxx. You will inform Xxxxxx in a timely manner of any change to your Access Control and User Management Controls, and shall be solely liable for any inconvenience, delay or damage that may result from any failure by you to do so. The Access Control and User Management Controls will be such that the individuals being authorized to access as well as those authorized to perform any changes to you Access Control and User Management Controls use appropriate secure credentials such as secure usernames and passwords, which credentials must utilize strong security traits. You are solely responsible for any credentials and must keep credentials secure and confidential. 5.4 You access to your equipment and the DBRF is through the use of a proximity card reader. All proximity card accesses are logged, and reports of your accesses is available via the account regardless of who uses the Servicesonline customer portal. Video surveillance cameras are located at each door entrance / exit to monitor traffic. The video feed is digitally recorded for later review if necessary (30 day retention). 9.7. 5.5 Xxxxxx will track all access to your Services system through the an online ticketing system/support system and will ensure that you those who requested access have all your necessary documented your approvals prior to accessing or changing your Services. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an event Xxxxxx will attempt to contact the main or alternative contact or the Principal Userenvironment. 9.8. When a situation is considered a security breach or could have serious consequences, 5.6 You agree to fully co-operate and assist Xxxxxx will notify you and will act on your behalf if Xxxxxx is unable to get correct approvals in a timely manner with any investigation or action taken in relation to deal Xxxxxx’ operations and/or provisioning of Business Resumption Services, confirmation of your compliance with the threatAgreement, and/ or breach of the Agreement by you. 9.9. 5.7 In the event of any emergency that presents a substantial risk of a service outagean Out of Service Condition, or damage to Xxxxxx you or Xxxxxx’ Equipment or data belonging to Xxxxxx, a third party, the data centre Xxxxxx’ facilities, or to any persons or property present therein, Xxxxxx shall will take all measures it deems reasonable measures to respond to the emergency; and only as necessaryemergency or threat. Xxxxxx, Xxxxxx acting reasonably, may disable Disaster Recovery as a Service Services and Xxxxxx Equipment, (and disable or remove your Equipment, if necessary) to address the emergency requires such action to avoid damage. 9.10. You agree to co-operate and assist Xxxxxx with any investigation or action taken in relation to Xxxxxx’ operations and provisioning of services, confirmation of your compliance with the Agreement and, or breach of the Agreement by you. 9.11. All Content within Disaster Recovery as a Service is completely isolated through the use of industry standard virtualization protocols and VLAN rules within the infrastructure. You are further isolated with virtual firewalls. All Content will be located within the of Disaster Recovery as a Service secondary site is housed within one of Xxxxxx’ data centre facilities located within Canada. 9.12. You are not permitted to run security penetration tests on Disaster Recovery as a Service without prior written approval from Xxxxxx. Any such actions will be considered an improper use under the Agreement. Xxxxxx may, without liability, restrict Virtual Data Centre access if You performs invasive platform testing without written approval. 9.13. To the extent practicable, updates are performed in collaboration with You. For any avoidance of doubt, after the delivery of the Service to you, the responsibility to manage and update of the operating systems and pre-installed applications is transferred to you. 9.14. Notwithstanding the foregoing, Xxxxxx reserves the right to request that you install updates and patches in connection to running Services. If you fail to comply with the reasonable request of Xxxxxx to update the operating system or application, and such failure to comply creates a security risk to your Content or the Services or to Xxxxxx, its Subcontractors, or other customers, Xxxxxx may suspend access to the Service(s) until you comply with such request or the Service is reinstalled. 9.15. If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity of the Service and the entire infrastructure. 9.16. In case of a security breach Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. 9.17. Xxxxxx reserves the right, without incurring liability, to suspend the Services, if there is (a) a threat to the stability and/or security systems of Xxxxxx’ infrastructure, the Services and/or your data/Content, or (b) your breach of the Agreement. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release it of any obligation to pay for the Services. 9.18immediate threat. Xxxxxx shall not be held responsible for use commercially reasonable efforts to notify you prior to disabling or removing your usage of the Disaster Recovery as a Serviceequipment, notably for and in any misuse of the Services by case will notify you through the Self Service Portalthereafter.

Security Access and Fraud. 9.1. 4.1 You agree to implement implement, and is wholly responsible for implementing reasonable implementing, security precautions and practices in relation to the use of Disaster Recovery as a Service. 9.2the Dedicated Backup Services. You are solely responsible for any non-physical security breach or unauthorized usage of Disaster Recovery as a Servicethe Dedicated Backup Services including your accounts. 9.3. 4.2 Xxxxxx shall limit access to Disaster Recovery as a Service Dedicated Backup Services and take reasonable security efforts to prevent unauthorized access to of Disaster Recovery as a Service. 9.4the Dedicated Backup platform. You are solely responsible for user End User access security or network access security with respect to your Contentdata. 9.5. 4.3 Xxxxxx shall use commercially reasonable commercial efforts to reasonably assist in network security breach detection or identification. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches and is not liable for any security breach that occurs despite its efforts. 9.6. You are responsible for identifying Xxxxxx’ access control management policies ensure that Dedicated Backup Services will utilize controls and logging through the online ticketing system in the “myAccount” portal. Upon implementation of the order, you will identify all user management rules for the account. This includes will include identifying which individuals have access to account administrative, security, technical and billing rights. Changes to the access controls require the provision of your designated secure username and password. Credentials designated by you must utilize strong security traits (e.g. upper and lower case values, numeric and non-numeric values). You are responsible for any use of the account regardless of who uses the Servicescredentials and must keep credentials secure and confidential. 9.7. 4.4 Xxxxxx will track all access to your Services through the online ticketing system/support system and will ensure that you have all your necessary documented approvals prior to accessing or changing your Services. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline When the request. In such an event Xxxxxx will attempt to contact the main or alternative contact or the Principal User. 9.8. When a situation is considered a security breach or could have serious consequences, Xxxxxx will notify you and will act on your behalf if Xxxxxx is unable to get correct approvals in a timely manner to deal with the threat. 9.9. 4.5 In the event of any emergency that presents a substantial risk of a service outage, or damage to Xxxxxx Equipment or data belonging to Xxxxxx, a third party, the data centre facilities, or to any persons or property present therein, Xxxxxx shall take all reasonable measures to respond to the emergency; and only as necessary, Xxxxxx may disable Disaster Recovery as a Service Dedicated Backup Services if the emergency requires such action to avoid damage. 9.10. 4.6 You agree to co-operate and assist Xxxxxx with any investigation or action taken in relation to Xxxxxx’ operations and provisioning of services, confirmation of your compliance with the Agreement and, or breach of the Agreement by you. 9.11. All Content within Disaster Recovery as a Service is completely isolated through the use of industry standard virtualization protocols and VLAN rules within the infrastructure. You are further isolated with virtual firewalls. All Content will be located within the of Disaster Recovery as a Service secondary site is housed within one of Xxxxxx’ data centre facilities located within Canada. 9.12. 4.7 You are not permitted to run security penetration tests on Disaster Recovery as a Service the Dedicated Backup Services without prior written approval from Xxxxxx. Any Xxxxxx and any such actions will be considered an improper use under the Agreement. Xxxxxx may, without liability, restrict Virtual Data Centre access to the Dedicated Backup Services if You performs you perform invasive platform testing without written approval. 9.13. To the extent practicable, updates 4.8 You are performed in collaboration with You. For any avoidance of doubt, after the delivery of the Service to you, the responsibility to manage and update of the operating systems and pre-installed applications is transferred to you. 9.14. Notwithstanding the foregoing, Xxxxxx reserves the right to request that you install updates and patches in connection to running Services. If you fail to comply with the reasonable request of Xxxxxx to update the operating system or application, and such failure to comply creates a security risk to your Content or the Services or to Xxxxxx, its Subcontractors, or other customers, Xxxxxx may suspend not permitted access to the Service(s) until you comply with such request physical space or the Service is reinstalled. 9.15surrounding facility from which the Dedicated Backup Services are performed. If You will not acquire any interest in, nor file any liens upon the Xxxxxx detects Equipment, or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity any portion of the Service and data centre as a result of the entire infrastructure. 9.16. In case provision by Xxxxxx of a security breach Xxxxxx reserves the right to suspend the Dedicated Backup Services immediately in order to maintain the integrity of or your Content. 9.17. Xxxxxx reserves the right, without incurring liability, to suspend the Services, if there is (a) a threat termination for any reason pursuant to the stability and/or security systems of Xxxxxx’ infrastructure, the Services and/or your data/Content, or (b) your breach of the Agreement. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release it of any obligation to pay for the Services. 9.18. Xxxxxx shall not be held responsible for your usage of the Disaster Recovery as a Service, notably for any misuse of the Services by you through the Self Service Portal.

Security Access and Fraud. 9.1. 8.1 You agree to implement and is wholly solely responsible for security of your data and for implementing reasonable security precautions and practices in relation to the use of Disaster Recovery as a Service. 9.2the Veeam Cloud Connect Services. You are solely responsible for any non-physical security breach or unauthorized usage of Disaster Recovery as a Service. 9.3. the Veeam Cloud Connect Services, your equipment, including unmanaged Xxxxxx shall limit access to Disaster Recovery as a Service equipment, and take reasonable security efforts to prevent unauthorized access to of Disaster Recovery as a Service. 9.4your accounts. You are solely responsible for user access security or network access security with respect to your Content. 9.5. 8.2 Xxxxxx shall use commercially reasonable commercial efforts to assist prevent unauthorized access to Veeam Cloud Connect Services. Where a situation is considered a security breach, Xxxxxx shall notify you as soon as commercially reasonable and may act on your behalf if Xxxxxx is unable to get correct approvals from you in network a timely manner to deal with the situation. However, Xxxxxx shall not be liable for any inability, failure or mistake in doing so, nor any security breach detection or identificationthat occurs despite its commercially reasonable efforts. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches and is not liable for any security breach that occurs despite its effortsbreaches. 9.6. You are responsible for identifying all user management rules for the account. This includes identifying which individuals have access to account administrative, security, technical and billing rights. You are responsible for any use of the account regardless of who uses the Services. 9.7. Xxxxxx will track all access to your Services through the online ticketing system/support system and will ensure that you have all your necessary documented approvals prior to accessing or changing your Services. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an event Xxxxxx will attempt to contact the main or alternative contact or the Principal User. 9.8. When a situation is considered a security breach or could have serious consequences, Xxxxxx will notify you and will act on your behalf if Xxxxxx is unable to get correct approvals in a timely manner to deal with the threat. 9.9. In the event of any emergency that presents a substantial risk of a service outage, or damage to Xxxxxx Equipment or data belonging to Xxxxxx, a third party, the data centre facilities, or to any persons or property present therein, Xxxxxx shall take all reasonable measures to respond to the emergency; and only as necessary, Xxxxxx may disable Disaster Recovery as a Service if the emergency requires such action to avoid damage. 9.10. You agree to co-operate and assist Xxxxxx with any investigation or action taken in relation to Xxxxxx’ operations and provisioning of services, confirmation of your compliance with the Agreement and, or breach of the Agreement by you. 9.11. All Content within Disaster Recovery as a Service is completely isolated through the use of industry standard virtualization protocols and VLAN rules within the infrastructure. You are further isolated with virtual firewalls. All Content will be located within the of Disaster Recovery as a Service secondary site is housed within one of Xxxxxx’ data centre facilities located within Canada. 9.12. You are not permitted to run security penetration tests on Disaster Recovery as a Service without prior written approval from Xxxxxx. Any such actions will be considered an improper use under the Agreement. Xxxxxx may, without liability, restrict Virtual Data Centre access if You performs invasive platform testing without written approval. 9.13. To the extent practicable, updates are performed in collaboration with You. For any avoidance of doubt, after the delivery of the Service to you, the responsibility to manage and update of the operating systems and pre-installed applications is transferred to you. 9.14. Notwithstanding the foregoing, Xxxxxx reserves the right to request that you install updates and patches in connection to running Services. If you fail to comply with the reasonable request of Xxxxxx to update the operating system or application, and such failure to comply creates a security risk to your Content or the Services or to Xxxxxx, its Subcontractors, or other customers, Xxxxxx may suspend access to the Service(s) until you comply with such request or the Service is reinstalled. 9.15. If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity of the Service and the entire infrastructure. 9.16. In case of a security breach Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. 9.17. 8.3 Xxxxxx reserves the right, without incurring liability, to suspend the Services, if there is (a) a threat to the stability and/or security systems of Xxxxxx’ infrastructure, the Services and/or your data/Content, or (b) your breach of the Agreement. In case of a security breach Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your content. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release it of any obligation to pay for Services. 8.4 You are solely responsible for user access security or network access security with respect to your Content and for establishing access and user management controls that clearly identify individuals who have access to account administration, security, technical and/or billing rights (“Access Control and User Management Controls”) and to communicate same to Xxxxxx. You will inform Xxxxxx in a timely manner of any change to your Access Control and User Management Controls, and shall be solely liable for any inconvenience, delay or damage that may result from any failure by you to do so. The Access Control and User Management Controls will be such that the individuals being authorized to access as well as those authorized to perform any changes to your Access Control and User Management Controls use appropriate secure credentials such as secure usernames and passwords, which credentials must utilize strong security traits. You are solely responsible for credentials and must keep credentials secure and confidential. You are responsible for any use of the account regardless of who uses the Services. 9.188.5 Xxxxxx will track all access to your Services through an online ticketing system and ensure that those who requested access have all your necessary documented approvals prior to accessing your Veeam Cloud Connect Services. 8.6 You agree to fully co-operate and assist Xxxxxx in a timely manner with any investigation or action taken in relation to Xxxxxx’ operations and/or provisioning of Services, confirmation of your compliance with the Agreement, and/ or breach of the Agreement by you. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an instance Xxxxxx will attempt to contact the main or alternative contact. 8.7 In the event of any emergency that presents a risk of an Out of Service Condition, or damage to Xxxxxx equipment or data belonging to Xxxxxx, a third party, the Site or Xxxxxx’ data centre facilities, or to any persons or property present therein, Xxxxxx may disable Veeam Cloud Connect Services as is reasonably necessary to respond to the emergency. 8.8 You are not permitted to run security penetration tests on the Veeam Cloud Connect Services without prior written approval from Xxxxxx. Any such actions will be considered improper use under the Agreement. Xxxxxx may, without liability, restrict Service access if you perform invasive platform testing without prior written approval from Xxxxxx. 8.9 If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity of the Instance and the entire infrastructure. 8.10 Manipulations consisting of transferring data from the affected system to the new system must be done by you. Xxxxxx will provide reasonable assistance, as determined by Xxxxxx, to you to install a new system but is under no obligation to meet all of your needs in this regard. 8.11 Xxxxxx shall not be held responsible for your usage of the Disaster Recovery as a Service, notably for any misuse of the Services Veeam Cloud Connect API by you through the Self Service Portalyour application.

Security Access and Fraud. 9.1. 9.1 You agree to implement and is wholly are solely responsible for security of your data and for implementing reasonable security precautions and practices in relation to the use of Disaster Recovery as a Service. 9.2the Virtual Private Cloud Services. You are solely responsible for any non-physical security breach or unauthorized usage of Disaster Recovery as a Servicethe Virtual Private Cloud Services, your equipment, including unmanaged Xxxxxx equipment, and your accounts. 9.3. 9.2 Xxxxxx shall limit physical access to Disaster Recovery as a Service the Virtual Private Cloud Services and take use commercially reasonable security efforts to prevent unauthorized access to of Disaster Recovery the Virtual Data Centre and, as determined by Xxxxxx, to identify security breaches. Where a Servicesituation is considered a security breach, Xxxxxx shall notify you as soon as feasible and may act on your behalf if Xxxxxx is unable to get correct approvals from you in a timely manner to deal with the situation. However, Xxxxxx shall not be liable for any inability, failure or mistake in doing so, nor any security breach that occurs despite its commercially reasonable efforts. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches. 9.49.3 You are solely responsible for establishing access and user management controls that clearly identify individuals who have access to your Space, account administration, security, technical and/or billing rights (“Access Control and User Management Controls”) and to communicate same to Xxxxxx. You will inform Xxxxxx in a timely manner of any change to your Access Control and User Management Controls, and shall be solely liable for any inconvenience, delay or damage that may result from any failure by you to do so. The Access Control and User Management Controls will be such that the individuals being authorized to access as well as those authorized to perform any changes to your Access Control and User Management Controls use appropriate secure credentials such as secure usernames and passwords, which credentials must utilize strong security traits. You are solely responsible for credentials and must keep credentials secure and confidential. 9.4 Xxxxxx will track all access to your Virtual Private Cloud Services through an online ticketing system and ensure that those who requested access have all your necessary documented approvals prior to accessing your Virtual Private Cloud Services. 9.5 You agree to fully co-operate and assist Xxxxxx in a timely manner with any investigation or action taken in relation to Xxxxxx’ operations and/or provisioning of Virtual Private Cloud Services, confirmation of your compliance with the Agreement, and/ or breach of the Agreement by you. 9.6 In the event of any emergency that presents a risk of an Out of Service Condition, or damage to your equipment or data belonging to Xxxxxx, a third party, the Colocated Site, or to any persons or property present therein, Xxxxxx may rearrange your equipment as is reasonably necessary to respond to the emergency. Additionally, and only as necessary, Xxxxxx may disconnect or remove your equipment if the emergency requires such disconnection or removal to avoid damage. Xxxxxx shall use commercially reasonable efforts to notify you prior to rearranging, disconnecting or removing your equipment, and in any case will notify you thereafter. 9.7 You are solely responsible for user access security or network access security with respect to your Content. 9.5. Xxxxxx shall use reasonable commercial efforts to assist in network security breach detection or identification. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches and is not liable for any security breach that occurs despite its efforts. 9.6. You are responsible for identifying all user management rules for the account. This includes identifying which individuals have access to account administrative, security, technical and billing rights. You are responsible for any use of the account regardless of who uses the Services. 9.7. Xxxxxx will track all access to your Services through the online ticketing system/support system and will ensure that you have all your necessary documented approvals prior to accessing or changing your Services. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an event Xxxxxx will attempt to contact the main or alternative contact or the Principal User. 9.8. When a situation is considered a security breach or could have serious consequences, Xxxxxx will notify you and will act on your behalf if Xxxxxx is unable to get correct approvals in a timely manner to deal with the threat. 9.9. In the event of any emergency that presents a substantial risk of a service outage, or damage to Xxxxxx Equipment or data belonging to Xxxxxx, a third party, the data centre facilities, or to any persons or property present therein, Xxxxxx shall take all reasonable measures to respond to the emergency; and only as necessary, Xxxxxx may disable Disaster Recovery as a Service if the emergency requires such action to avoid damage. 9.10. You agree to co-operate and assist Xxxxxx with any investigation or action taken in relation to Xxxxxx’ operations and provisioning of services, confirmation of your compliance with the Agreement and, or breach of the Agreement by you. 9.11. 9.8 All Content within Disaster Recovery as a Service the Virtual Data Centre is completely isolated through the use of industry standard virtualization protocols and VLAN rules within the infrastructure. You are further isolated with virtual firewalls. All Content will be located within the of Disaster Recovery as a Service secondary site Virtual Data Centre which is housed within one of Xxxxxx’ data centre facilities located within Canada. 9.12. 9.9 You are not permitted to run security penetration tests on Disaster Recovery as a Service the Virtual Private Cloud Services without prior written approval from Xxxxxx. Any such actions will be considered an improper use under the Agreement. Xxxxxx may, without liability, restrict Virtual Data Centre access if You performs you perform invasive platform testing without written approval. 9.139.10 To maintain the level of security for your Services, Xxxxxx may update the operating systems before pre- installing them on the Services. You acknowledge that ensuring the level of security may cause an impact on your use of the Services. Notwithstanding the foregoing, Xxxxxx shall use commercially reasonable efforts to avoid material impact on the functionality of the Services, subject to patches of third party products, which Xxxxxx does not control. 9.11 To the extent practicable, updates are performed in collaboration with Youyou. For any avoidance of doubt, after the delivery of the Service to you, the responsibility to manage and update of the operating systems and pre-pre- installed applications is transferred to you. 9.14. 9.12 Notwithstanding the foregoing, Xxxxxx reserves the right to request that you install updates and patches in connection to running Services. If you fail to comply with the reasonable request of Xxxxxx to update the operating system or application, and such failure to comply creates a security risk to your Content or the Services or to Xxxxxx, its Subcontractors, or other customers, Xxxxxx may suspend access to the Service(s) until you comply with such request request, or the Service is reinstalled. 9.15. 9.13 If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity of the Service and the entire infrastructure. 9.16. 9.14 In case of a security breach Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. 9.179.15 Manipulations consisting of transferring data/Content from the affected system to the new system must be done by you. Xxxxxx will provide reasonable assistance to you to create a new system using the Services provided under these terms. Professional Services can be purchase by you to perform work outside of the Services set out in these terms. Xxxxxx is under no obligation to meet your needs in this regard and any professional services are provided at Xxxxxx sole discretion. 9.16 Xxxxxx reserves the right, without incurring liability, to suspend the Services, if there is (a) a threat to the stability and/or security systems of Xxxxxx’ infrastructure, the Services and/or your data/Content, or (b) your breach of the Agreement. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release it of any obligation to pay for the Services. 9.18. 9.17 Xxxxxx shall not be held responsible for your usage of the Disaster Recovery as a ServiceVMware vCloud Director API, notably for any misuse of the Services by you through the Self Service PortalAPI.

Security Access and Fraud. 9.1. 8.1 You agree to implement and is wholly solely responsible for security of your data and for implementing reasonable security precautions and practices in relation to the use of Disaster Recovery as a Service. 9.2the Object Store Services. You are solely responsible for any non-physical security breach or unauthorized usage of Disaster Recovery the Object Store Services, and your accounts, as a Service. 9.3. Xxxxxx shall limit access to Disaster Recovery well as a Service and take reasonable security efforts to prevent unauthorized access to of Disaster Recovery as a Service. 9.4. You are solely responsible for user access security or network access security with respect to your Content. 9.5. 8.2 Xxxxxx shall limit access to Object Store Services and take reasonable security efforts to prevent unauthorized access to the Object Store Service. 8.3 Xxxxxx shall use commercially reasonable commercial efforts to assist in network security breach detection or identificationidentification and prevent unauthorized access to Object Store Services. Where a situation is considered a security breach or could have serious consequences, Xxxxxx shall notify you as soon as feasible and may act on your behalf if Xxxxxx is unable to get correct approvals from you in a timely manner to deal with the situation. However, Xxxxxx shall not be liable for any inability, failure or mistake in doing so, nor any security breach that occurs despite its commercially reasonable efforts. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches and is not liable for any security breach that occurs despite its effortsbreaches. 9.6. You are responsible for identifying all user management rules for the account. This includes identifying which individuals have access to account administrative, security, technical and billing rights. You are responsible for any use of the account regardless of who uses the Services. 9.7. Xxxxxx will track all access to your Services through the online ticketing system/support system and will ensure that you have all your necessary documented approvals prior to accessing or changing your Services. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an event Xxxxxx will attempt to contact the main or alternative contact or the Principal User. 9.8. When a situation is considered a security breach or could have serious consequences, Xxxxxx will notify you and will act on your behalf if Xxxxxx is unable to get correct approvals in a timely manner to deal with the threat. 9.9. In the event of any emergency that presents a substantial risk of a service outage, or damage to Xxxxxx Equipment or data belonging to Xxxxxx, a third party, the data centre facilities, or to any persons or property present therein, Xxxxxx shall take all reasonable measures to respond to the emergency; and only as necessary, Xxxxxx may disable Disaster Recovery as a Service if the emergency requires such action to avoid damage. 9.10. You agree to co-operate and assist Xxxxxx with any investigation or action taken in relation to Xxxxxx’ operations and provisioning of services, confirmation of your compliance with the Agreement and, or breach of the Agreement by you. 9.11. All Content within Disaster Recovery as a Service is completely isolated through the use of industry standard virtualization protocols and VLAN rules within the infrastructure. You are further isolated with virtual firewalls. All Content will be located within the of Disaster Recovery as a Service secondary site is housed within one of Xxxxxx’ data centre facilities located within Canada. 9.12. You are not permitted to run security penetration tests on Disaster Recovery as a Service without prior written approval from Xxxxxx. Any such actions will be considered an improper use under the Agreement. Xxxxxx may, without liability, restrict Virtual Data Centre access if You performs invasive platform testing without written approval. 9.13. To the extent practicable, updates are performed in collaboration with You. For any avoidance of doubt, after the delivery of the Service to you, the responsibility to manage and update of the operating systems and pre-installed applications is transferred to you. 9.14. Notwithstanding the foregoing, Xxxxxx reserves the right to request that you install updates and patches in connection to running Services. If you fail to comply with the reasonable request of Xxxxxx to update the operating system or application, and such failure to comply creates a security risk to your Content or the Services or to Xxxxxx, its Subcontractors, or other customers, Xxxxxx may suspend access to the Service(s) until you comply with such request or the Service is reinstalled. 9.15. If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity of the Service and the entire infrastructure. 9.16. In case of a security breach Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. 9.17. 8.4 Xxxxxx reserves the right, without incurring liability, to suspend the Services, if there is (a) a threat to the stability and/or security systems of Xxxxxx’ infrastructure, the Services and/or your data/Content, or (b) your ryour breach of the Agreement. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release it of any obligation to pay for Services. 8.5 You are solely responsible for identifying all user management rules for the account and for user access security or network access security with respect to your Content and for establishing access and user management controls that clearly identify individuals who have access to account administration, security, technical and/or billing rights (“Access Control and User Management Controls”) and to communicate same to Xxxxxx. You will inform Xxxxxx in a timely manner of any change to your Access Control and User Management Controls, and shall be solely liable for any inconvenience, delay or damage that may result from any failure by you to do so. The Access Control and User Management Controls will be such that the individuals being authorized to access as well as those authorized to perform any changes to your Access Control and User Management Controls use appropriate secure credentials such as secure usernames and passwords, which credentials must utilize strong security traits. You are solely responsible for credentials and must keep credentials secure and confidential. You are responsible for any use of the account regardless of who uses the Services. 9.188.6 Xxxxxx will track all access to your Services through an online ticketing system and ensure that those who requested access have all your necessary documented approvals prior to accessing your Object Store Services. If Xxxxxx cannot verify the your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an instance Xxxxxx will attempt to contact the main or alternative contact. 8.7 You agree to fully co-operate and assist Xxxxxx in a timely manner with any investigation or action taken in relation to Xxxxxx’ operations and/or provisioning of Services, confirmation of your compliance with the Agreement, and/ or breach of the Agreement by you. 8.8 In the event of any emergency that presents a risk of an Out of Service Condition, or damage to your equipment or data belonging to Xxxxxx, a third party, the Site or Xxxxxx’ data centre facilities, or to any persons or property present therein, Xxxxxx may disable Object Store Services as is reasonably necessary to respond to the emergency; ; and only as necessary, Xxxxxx may disable Object Store Services if the emergency requires such action to avoid damage. 8.9 You are not permitted to run security penetration tests on the Object Store Services without prior written approval from Xxxxxx. Any such actions will be considered improper use under the Agreement. Xxxxxx may, without liability, restrict Service access if you perform invasive platform testing without prior written approval from Xxxxxx. 8.10 If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity of the Instance and the entire infrastructure. In such case, Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. 8.11 Manipulations consisting of transferring data from the affected system to the new system must be done by you. Xxxxxx will provide reasonable assistance, as determined by Xxxxxx, to you to install a new system but is under no obligation to meet all of your needs in this regard. 8.12 Xxxxxx shall not be held responsible for your Your usage of the Disaster Recovery as a Service, notably for any misuse of Object Store API by the Services by you through the Self Service Portalyour application.

Security Access and Fraud. 9.1. 5.1 You agree to implement and is wholly are solely responsible for security of your data and for implementing reasonable security precautions and practices in relation to the use of Disaster Recovery as a Service. 9.2the Cloud Backup Services. You are solely responsible for any non-physical security breach or unauthorized usage of Disaster Recovery as a Service. 9.3. Xxxxxx shall limit access to Disaster Recovery as a Service the Cloud Backup Services, and take reasonable security efforts to prevent unauthorized access to of Disaster Recovery as a Service. 9.4your accounts. You are solely responsible for user End User access security or network access security with respect to your Contentdata. 9.5. 5.2 Xxxxxx shall limit physical access to the Site and use commercially reasonable commercial efforts to assist in network security breach detection or identificationidentification and prevent unauthorized access to your equipment and as determined by Xxxxxx, to identify security breaches. Where a situation is considered a security breach or could have serious consequences, Xxxxxx shall notify you as soon as feasible and may act on your behalf if Xxxxxx is unable to get correct approvals from you in a timely manner to deal with the situation. However, Xxxxxx shall not be liable for any inability, failure or mistake in doing so, nor any security breach that occurs despite its commercially reasonable efforts. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches and is not liable for any security breach that occurs despite its effortsbreaches. 9.6. 5.3 You are solely responsible for identifying establishing access and user management controls that clearly identify individuals who have access to your Space, account administration, security, technical and/or billing rights (“Access Control and User Management Controls”), to communicate same to Xxxxxx, and to identify all user management rules for the account. This includes identifying You will inform Xxxxxx in a timely manner of any change to your Access Control and User Management Controls, and shall be solely liable for any inconvenience, delay or damage that may result from any failure by you to do so. The Access Control and User Management Controls will be such that the individuals being authorized to access as well as those authorized to perform any changes to your Access Control and User Management Controls use appropriate secure credentials such as secure usernames and passwords, which individuals have access to account administrative, security, technical and billing rightscredentials must utilize strong security traits. You are solely responsible for any use of the account regardless of who uses the Servicescredentials and must keep credentials secure and confidential. 9.7. 5.4 Xxxxxx will track all access to your Cloud Backup Services through the an online ticketing system/support system and will ensure that you those who requested access have all your necessary documented approvals prior to accessing or changing your Cloud Backup Services. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an event Xxxxxx will attempt to contact the main or alternative contact or the Principal User. 9.8. When a situation is considered a security breach or could have serious consequences, Xxxxxx will notify you 5.5 You agree to fully co-operate and will act on your behalf if Xxxxxx is unable to get correct approvals assist Rogers in a timely manner with any investigation or action taken in relation to deal Rogers’ operations and/or provisioning of Cloud Backup Services, confirmation of your compliance with the threatAgreement, and/ or breach of the Agreement by you. 9.9. 5.6 In the event of any emergency that presents a substantial risk of a service outagean Out of Service Condition, or damage to Xxxxxx Equipment your equipment or data belonging to XxxxxxRogers, a third party, the data centre facilitiesColocated Site, or to any persons or property present therein, Xxxxxx shall take all reasonable measures Rogers may rearrange your equipment as is reasonably necessary to respond to the emergency; . Additionally, and only as necessary, Xxxxxx Rogers may disable Disaster Recovery as a Service disconnect or remove your equipment if the emergency requires such action disconnection or removal to avoid damage. Rogers shall use commercially reasonable efforts to notify you prior to rearranging, disconnecting or removing your equipment, and in any case will notify you thereafter. 9.10. You agree to co-operate and assist Xxxxxx with any investigation or action taken in relation to Xxxxxx’ operations and provisioning of services, confirmation of your compliance with the Agreement and, or breach of the Agreement by you. 9.11. All Content within Disaster Recovery as a Service is completely isolated through the use of industry standard virtualization protocols and VLAN rules within the infrastructure. You are further isolated with virtual firewalls. All Content will be located within the of Disaster Recovery as a Service secondary site is housed within one of Xxxxxx’ data centre facilities located within Canada. 9.12. 5.7 You are not permitted to run security penetration tests on Disaster Recovery as a Service the Cloud Backup Services without prior Rogers’ written approval from Xxxxxx. Any and any such actions will be considered an improper use under the Agreement. Xxxxxx Rogers may, without liability, restrict Virtual Data Centre Cloud Backup Services platform access if You performs you perform invasive platform testing without Rogers’ prior written approval. 9.13. To the extent practicable, updates are performed in collaboration with You. For any avoidance of doubt, after the delivery of the Service to you, the responsibility to manage and update of the operating systems and pre-installed applications is transferred to you. 9.14. Notwithstanding the foregoing, Xxxxxx reserves the right to request that you install updates and patches in connection to running Services. If you fail to comply with the reasonable request of Xxxxxx to update the operating system or application, and such failure to comply creates a security risk to your Content or the Services or to Xxxxxx, its Subcontractors, or other customers, Xxxxxx may suspend access to the Service(s) until you comply with such request or the Service is reinstalled. 9.15. If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity of the Service and the entire infrastructure. 9.16. In case of a security breach Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. 9.17. Xxxxxx reserves the right, without incurring liability, to suspend the Services, if there is (a) a threat to the stability and/or security systems of Xxxxxx’ infrastructure, the Services and/or your data/Content, or (b) your breach of the Agreement. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release it of any obligation to pay for the Services. 9.18. Xxxxxx shall not be held responsible for your usage of the Disaster Recovery as a Service, notably for any misuse of the Services by you through the Self Service Portal.

Security Access and Fraud. 9.14.1 Xxxxxx shall use commercially reasonable efforts to secure Xxxxxx Equipment, excluding unmanaged Equipment provided by Xxxxxx, and Xxxxxx Service platforms. You agree to implement and is wholly responsible for implementing reasonable security precautions and practices in relation to the use Notwithstanding any action of Disaster Recovery as a Service. 9.2. You Xxxxxx, you are solely responsible for security of your data. Where a situation is considered a security breach, Xxxxxx shall notify you as soon as feasible and may act on your behalf if Xxxxxx is unable to get correct approvals from you in a timely manner to deal with the situation. However, Xxxxxx shall not be liable for any non-physical inability, failure or mistake in doing so, nor any security breach or unauthorized usage of Disaster Recovery as a Service. 9.3. Xxxxxx shall limit access to Disaster Recovery as a Service and take that occurs despite its commercially reasonable security efforts to prevent unauthorized access to of Disaster Recovery as a Service. 9.4. You are solely responsible for user access security or network access security with respect to your Content. 9.5. Xxxxxx shall use reasonable commercial efforts to assist in network security breach detection or identificationefforts. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches and is not liable for any security breach that occurs despite its effortsbreaches. 9.6. 4.2 You are solely responsible for identifying all establishing access and user management rules for the account. This includes identifying which controls that clearly identify individuals who have access to your Space, account administrativeadministration, security, technical and/or billing rights (“Access Control and billing rightsUser Management Controls”) and to communicate same to Xxxxxx. You will inform Xxxxxx in a timely manner of any change to your Access Control and User Management Controls, and shall be solely liable for any inconvenience, delay or damage that may result from any failure by you to do so. The Access Control and User Management Controls will be such that the individuals being authorized to access as well as those authorized to perform any changes to your Access Control and User Management Controls use appropriate secure credentials such as secure usernames and passwords, which credentials must utilize strong security traits. You are solely responsible for any use of the account regardless of who uses the Servicescredentials and must keep credentials secure and confidential. 9.7. 4.3 Xxxxxx will track all access to your Managed Services through the an online ticketing system/support system and will ensure that you those who requested access have all your necessary documented approvals prior to accessing or changing your Managed Services. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an event Xxxxxx will attempt to contact the main or alternative contact or the Principal User. 9.8. When a situation is considered a security breach or could have serious consequences, Xxxxxx will notify you and will act on your behalf if Xxxxxx is unable to get correct approvals in a timely manner to deal with the threat. 9.9. In the event of any emergency that presents a substantial risk of a service outage, or damage to Xxxxxx Equipment or data belonging to Xxxxxx, a third party, the data centre facilities, or to any persons or property present therein, Xxxxxx shall take all reasonable measures to respond to the emergency; and only as necessary, Xxxxxx may disable Disaster Recovery as a Service if the emergency requires such action to avoid damage. 9.10. 4.4 You agree to fully co-operate and assist Xxxxxx in a timely manner with any investigation or action taken in relation to Xxxxxx’ operations and and/or provisioning of servicesManaged Services, confirmation of your compliance with the Agreement andAgreement, and/ or breach of the Agreement by you. 9.11. All Content within Disaster Recovery as 4.5 In the event of any emergency that presents a risk of an Out of Service is completely isolated through the use of industry standard virtualization protocols and VLAN rules within the infrastructure. You are further isolated with virtual firewalls. All Content will be located within the of Disaster Recovery as a Service secondary site is housed within one of Condition, or damage to you or Xxxxxx’ equipment or data centre facilities located within Canada. 9.12. You are not permitted to run security penetration tests on Disaster Recovery as a Service without prior written approval from Xxxxxx. Any such actions will be considered an improper use under the Agreement. Xxxxxx may, without liability, restrict Virtual Data Centre access if You performs invasive platform testing without written approval. 9.13. To the extent practicable, updates are performed in collaboration with You. For any avoidance of doubt, after the delivery of the Service to you, the responsibility to manage and update of the operating systems and pre-installed applications is transferred to you. 9.14. Notwithstanding the foregoing, Xxxxxx reserves the right to request that you install updates and patches in connection to running Services. If you fail to comply with the reasonable request of Xxxxxx to update the operating system or application, and such failure to comply creates a security risk to your Content or the Services or belonging to Xxxxxx, its Subcontractorsa third party, the Colocated Site, or other customersto any persons or property present therein, Xxxxxx may suspend access rearrange your equipment as is reasonably necessary to respond to the Service(s) until you comply with such request or the Service is reinstalled. 9.15emergency. If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affectedAdditionally, and stating that a reinstallation procedure must be performed in order only as necessary, Xxxxxx may disconnect or remove your equipment if the emergency requires such disconnection or removal to maintain the integrity of the Service and the entire infrastructure. 9.16. In case of a security breach Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. 9.17. Xxxxxx reserves the right, without incurring liability, to suspend the Services, if there is (a) a threat to the stability and/or security systems of Xxxxxx’ infrastructure, the Services and/or your data/Content, or (b) your breach of the Agreement. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release it of any obligation to pay for the Services. 9.18avoid damage. Xxxxxx shall not be held responsible for use commercially reasonable efforts to notify you prior to rearranging, disconnecting or removing your usage of the Disaster Recovery as a Serviceequipment, notably for and in any misuse of the Services by case will notify you through the Self Service Portalthereafter.

Security Access and Fraud. 9.15.1. You agree to implement and is wholly solely responsible for security of your data and for implementing reasonable security precautions and practices in relation to the use of Disaster Recovery as a Service. 9.2the Services. You are solely responsible for any non-physical security breach or unauthorized usage of Disaster Recovery as a Servicethe Services, your equipment, including unmanaged Xxxxxx’ equipment, and your accounts. 9.35.2. Xxxxxx shall limit physical access to Disaster Recovery as a Service the Site and take use commercially reasonable security efforts to prevent unauthorized access to of Disaster Recovery your equipment and, as determined by Xxxxxx, to identify security breaches. Where a Service. 9.4. You are solely responsible for user access situation is considered a security or network access security with respect to your Content. 9.5. breach, Xxxxxx shall use reasonable commercial efforts notify you as soon as feasible and may act on your behalf if Xxxxxx is unable to assist get correct approvals from you in network a timely manner to deal with the situation. However, Xxxxxx shall not be liable for any inability, failure or mistake in doing so, nor any security breach detection or identificationthat occurs despite its commercially reasonable efforts. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches and is not liable for any security breach that occurs despite its effortsbreaches. 9.65.3. You are solely responsible for identifying all establishing access and user management rules for the account. This includes identifying which controls that clearly identify individuals who have access to your Space, account administrativeadministration, security, technical and/or billing rights (“Access Control and billing rightsUser Management Controls”) and to communicate same to Xxxxxx. You will inform Xxxxxx in a timely manner of any change to your Access Control and User Management Controls, and shall be solely liable for any inconvenience, delay or damage that may result from any failure by you to do so. The Access Control and User Management Controls will be such that the individuals being authorized to access as well as those authorized to perform any changes to your Access Control and User Management Controls use appropriate secure credentials such as secure usernames and passwords, which credentials must utilize strong security traits. You are solely responsible for any use of the account regardless of who uses the Servicescredentials and must keep credentials secure and confidential. 9.75.4. Xxxxxx will track all access to your Services through the an online ticketing system/support system and will ensure that you those who requested access have all your necessary documented your approvals prior to accessing or changing your Services. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an event Xxxxxx will attempt to contact the main or alternative contact or the Principal User. 9.8. When a situation is considered a security breach or could have serious consequences, Xxxxxx will notify you and will act on your behalf if Xxxxxx is unable to get correct approvals in a timely manner to deal with the threat. 9.9. In the event of any emergency that presents a substantial risk of a service outage, or damage to Xxxxxx Equipment or data belonging to Xxxxxx, a third party, the data centre facilities, or to any persons or property present therein, Xxxxxx shall take all reasonable measures to respond to the emergency; and only as necessary, Xxxxxx may disable Disaster Recovery as a Service if the emergency requires such action to avoid damage. 9.105.5. You agree to fully co-operate and assist Xxxxxx in a timely manner with any investigation or action taken in relation to Xxxxxx’ operations and and/or provisioning of servicesServices, confirmation of your compliance with the Agreement andAgreement, and/ or breach of the Agreement by you. 9.115.6. All Content within Disaster Recovery In the event of any emergency that presents a risk of an Out of Service Condition, or damage to you equipment or data belonging to Xxxxxx, a third party, the Colocated Site, or to any persons or property present therein, Xxxxxx may rearrange your equipment as a Service is completely isolated through reasonably necessary to respond to the emergency. Additionally, and only as necessary, Xxxxxx may disconnect or remove your equipment if the emergency requires such disconnection or removal to avoid damage. Xxxxxx shall use of industry standard virtualization protocols commercially reasonable efforts to notify you prior to rearranging, disconnecting or removing your equipment, and VLAN rules within the infrastructure. You are further isolated with virtual firewalls. All Content in any case will be located within the of Disaster Recovery as a Service secondary site is housed within one of Xxxxxx’ data centre facilities located within Canadanotify you thereafter. 9.125.7. You are not permitted to run security penetration tests on Disaster Recovery as a Service the Services without prior written approval from Xxxxxx. Any Xxxxxx and any such actions will be considered an improper use under the Agreement. Xxxxxx may, without liability, restrict Virtual Data Centre Services platform access if You performs you perform invasive platform testing without prior written approval. 9.13. To the extent practicable, updates are performed in collaboration with You. For any avoidance of doubt, after the delivery of the Service to you, the responsibility to manage and update of the operating systems and pre-installed applications is transferred to you. 9.14. Notwithstanding the foregoing, Xxxxxx reserves the right to request that you install updates and patches in connection to running Services. If you fail to comply with the reasonable request of Xxxxxx to update the operating system or application, and such failure to comply creates a security risk to your Content or the Services or to Xxxxxx, its Subcontractors, or other customers, Xxxxxx may suspend access to the Service(s) until you comply with such request or the Service is reinstalled. 9.15. If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity of the Service and the entire infrastructure. 9.16. In case of a security breach Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. 9.17. Xxxxxx reserves the right, without incurring liability, to suspend the Services, if there is (a) a threat to the stability and/or security systems of Xxxxxx’ infrastructure, the Services and/or your data/Content, or (b) your breach of the Agreement. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release it of any obligation to pay for the Services. 9.18. Xxxxxx shall not be held responsible for your usage of the Disaster Recovery as a Service, notably for any misuse of the Services by you through the Self Service Portal.

Security Access and Fraud. 9.1. 9.1 You agree to implement and is wholly are solely responsible for security of your data and for implementing reasonable security precautions and practices in relation to the use of Disaster Recovery as a Service. 9.2the Managed Private Cloud Services. You are solely responsible for any non-physical security breach or unauthorized usage of Disaster Recovery as a Servicethe Managed Private Cloud Services, your equipment, including unmanaged Xxxxxx equipment, and your accounts. 9.3. 9.2 Xxxxxx shall limit access to Disaster Recovery as a Service and take use commercially reasonable security efforts to prevent unauthorized access to of Disaster Recovery Managed Private Cloud Services. Where a situation is considered a security breach, Xxxxxx shall notify you as soon as feasible and may act on your behalf if Xxxxxx is unable to get correct approvals from you in a Servicetimely manner to deal with the situation. However, Xxxxxx shall not be liable for any inability, failure or mistake in doing so, nor any security breach that occurs despite its commercially reasonable efforts. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches. 9.49.3 Xxxxxx reserves the right, without incurring liability, to suspend the Services, if there is (a) a threat to the stability and/or security systems of Xxxxxx’ infrastructure, Services and/or your data, or (b) your breach of the Agreement. In case of a security breach Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release you of any obligation to pay for Services. 9.4 You are solely responsible for user access security or network access security with respect to your Content. 9.5. Xxxxxx shall use reasonable commercial efforts to assist in network security breach detection or identification. Xxxxxx provides absolutely no guarantees in relation to its efforts to identify security breaches and is not liable for any security breach that occurs despite its efforts. 9.6. You are responsible for identifying all user management rules for the account. This includes identifying which individuals have access to account administrative, security, technical and billing rights. You are responsible for any use of the account regardless of who uses the Services. 9.7. 9.5 Xxxxxx will track all access to your Services through the an online ticketing system/support system and will ensure that you those who requested access have all your necessary documented approvals prior to accessing or changing your Managed Private Cloud Services. If Xxxxxx cannot verify your identity or suspects that there may be fraudulent or illegal activity Xxxxxx may decline the request. In such an event Xxxxxx will attempt to contact the main or alternative contact or the Principal User. 9.8. When a situation is considered a security breach or could have serious consequences, 9.6 You agree to fully co-operate and assist Xxxxxx will notify you and will act on your behalf if Xxxxxx is unable to get correct approvals in a timely manner with any investigation or action taken in relation to deal Xxxxxx’ operations and/or provisioning of Services, confirmation of your compliance with the threatAgreement, and/ or breach of the Agreement by you. 9.9. 9.7 In the event of any emergency that presents a substantial risk of a service outage, or damage to Xxxxxx Equipment Xxxxxx’ equipment or data belonging to Xxxxxx, a third party, the Site or Xxxxxx’ data centre facilities, or to any persons or property present therein, Xxxxxx shall take all reasonable measures may disable Managed Private Cloud Services as is reasonably necessary to respond to the emergency; and only as necessary, Xxxxxx may disable Disaster Recovery as a Service if the emergency requires such action to avoid damage. 9.10. You agree to co-operate and assist Xxxxxx with any investigation or action taken in relation to Xxxxxx’ operations and provisioning of services, confirmation of your compliance with the Agreement and, or breach of the Agreement by you. 9.11. 9.8 All Content within Disaster Recovery as a Service the Virtual Data Centre is completely isolated through the use of industry standard virtualization protocols and VLAN rules within the infrastructure. You are further isolated with virtual firewalls. All Content will be located within the of Disaster Recovery as a Service secondary site Virtual Data Centre which is housed within one of Xxxxxx’ data centre facilities located within Canada. 9.12. 9.9 You are not permitted to run security penetration tests on Disaster Recovery as a Service the Managed Private Cloud Services without prior written approval from Xxxxxx. Any such actions will be considered an improper use under the Agreement. Xxxxxx may, without liability, restrict Virtual Data Centre access if You performs you perform invasive platform testing without Xxxxxx written approval. 9.139.10 To maintain the level of security for your Services, Xxxxxx may update the operating systems before pre- installing them on the Services. You acknowledge that ensuring the level of security may cause an impact on your use of the Services. Notwithstanding the foregoing, Xxxxxx shall use commercially reasonable efforts to avoid material impact on the functionality of the Services, subject to patches of third party products, which Xxxxxx does not control. 9.11 To the extent practicable, updates are performed in collaboration with Youyou. For any avoidance of doubt, after the delivery of the Service to you, the responsibility to manage and update of the operating systems and pre-pre- installed applications is transferred to you. 9.14. 9.12 Notwithstanding the foregoing, Xxxxxx reserves the right to request that you install updates and patches in connection to running Services. If you fail to comply with the reasonable request of Xxxxxx to update the operating system or application, and such failure to comply creates a security risk to your Content or the Services or to Xxxxxx, its Subcontractors, or other customers, Xxxxxx may suspend access to the Service(s) until you comply with such request request, or the Service is reinstalled. 9.15. 9.13 If Xxxxxx detects or reasonably believes that your usage represents a security risk, an email will be sent to you, identifying the account(s) affected, and stating that a reinstallation procedure must be performed in order to maintain the integrity of the Service and the entire infrastructure. 9.16. In case of such a security breach case, Xxxxxx reserves the right to suspend the Services immediately in order to maintain the integrity of your Content. 9.179.14 Manipulations consisting of transferring data from the affected system to the new system must be done by you. Xxxxxx reserves the right, without incurring liability, will provide reasonable assistance to suspend the Services, if there you to install a new system but is (a) a threat to the stability and/or security systems of Xxxxxx’ infrastructure, the Services and/or your data/Content, or (b) your breach of the Agreement. Any such suspension can occur without prior notice in the event of an emergency, including in the event described in point (a) above, or in the case of unlawful or fraudulent use of the Services, or as part of a request from a competent administrative or judicial authority. You acknowledge that such suspensions do not release it of any under no obligation to pay for the Servicesmeet all of your needs in this regard. 9.18. 9.15 Xxxxxx shall not be held responsible for your usage of the Disaster Recovery as a ServiceVMware vCloud Director API, notably for any misuse of the Services by you through the Self Service PortalAPI. 9.16 Hypervisor Self-Management – Xxxxxx solely has defined the permission type made available for you to use. Xxxxxx may change the type of permissions made available to you at any time.