Common use of Use of Public Cloud Clause in Contracts

Use of Public Cloud. If the Agreement indicates that CloudShare is using a public Cloud provider and not its own equipment in a data center or Customer later opts to have CloudShare enable the use of a public Cloud provider, then: 1.4.1. Customer will be responsible for complying with any user agreements of that public Cloud provider. 1.4.2. If the Agreement or Customer’s enablement indicates that Customer will control the relationship with the public Cloud provider, it is responsible for authorizing CloudShare’s users and paying the public Cloud provider’s fees, and CloudShare will comply with any user agreements of that public Cloud provider with respect to its provision of the Service. 1.4.3. If the Agreement or Customer’s enablement indicates that CloudShare will be responsible for acquiring the public Cloud service, CloudShare will pass the public Cloud provider’s periodic fees to Customer without markup and Customer shall pay those fees to CloudShare. 1.4.4. All of CloudShare’s physical security obligations, backup and failover obligations, and infrastructure security testing obligations in the Security section of the SLA, Support & Security Exhibit (found at xxxxx://xxx.xxxxxxxxxx.xxx/cloudshare-agreements) will be performed by the public Cloud provider; where Customer controls the relationship with the public Cloud provider, CloudShare is not responsible for the public Cloud provider’s failure to perform such obligations. While CloudShare expects the public Cloud provider to maintain uptime consistent with CloudShare’s obligations in the SLA, Support, and Security Exhibit, CloudShare is not responsible for a public Cloud provider’s failure to do so.

Use of Public Cloud. If the Subscription Agreement indicates that CloudShare is using a public Cloud provider and not its own equipment in a data center or Customer later opts to have CloudShare enable the use of a public Cloud providerprovider as shall be indicated in the Subscription Agreement, then: 1.4.11.5.1. Customer will be responsible for complying with any user agreements of that public Public Cloud provider. 1.4.2. If 1.5.2.If the Subscription Agreement or Customer’s enablement indicates that Customer will control the relationship with the public Public Cloud provider, it is responsible for authorizing CloudShare’s users and paying the public Public Cloud provider’s fees, and CloudShare will comply with any user agreements of that public Public Cloud provider with respect to its provision of the Service. 1.4.31.5.3. If the Subscription Agreement or Customer’s enablement indicates that CloudShare will be responsible for acquiring the public Public Cloud service, CloudShare will pass the public Public Cloud provider’s periodic fees to Customer without markup and Customer shall pay those fees to CloudShare. 1.4.41.5.4. All of CloudShare’s physical security obligations, backup and failover obligations, and infrastructure security testing obligations in the Security section of the SLAService Level, Support & Security Exhibit (found at xxxxx://xxx.xxxxxxxxxx.xxx/cloudshare-agreements) will be performed by the public Public Cloud provider; where Customer controls the relationship with the public Public Cloud provider, CloudShare is not responsible for the public Public Cloud provider’s failure to perform such obligations. While CloudShare expects the public Public Cloud provider to maintain uptime consistent with CloudShare’s obligations in the SLA, Support, and Security Exhibit, CloudShare is not responsible for a public Public Cloud provider’s failure to do so.

Use of Public Cloud. If the Agreement indicates that CloudShare is using a public Cloud provider and not its own equipment in a data center or Customer later opts to have CloudShare enable the use of a public Cloud providercenter, then: 1.4.1. Customer will be responsible for complying with any user agreements of that public Cloud provider. 1.4.2. If the Agreement or Customer’s enablement indicates that Customer will control the relationship with the public Cloud provider, it is responsible for authorizing CloudShare’s users and paying the public Cloud provider’s fees, and CloudShare will comply with any user agreements of that public Cloud provider with respect to its provision of the Service. 1.4.3. If the Agreement or Customer’s enablement indicates that CloudShare will be responsible for acquiring the public Cloud service, CloudShare will pass the public Cloud provider’s periodic fees to Customer without markup and Customer shall pay those fees to CloudShare. 1.4.4. All of CloudShare’s physical security obligations, backup and failover obligations, and infrastructure security testing obligations in the Security section of the SLA, Support & Security Exhibit (found at xxxxx://xxx.xxxxxxxxxx.xxx/cloudshare-agreements) will be performed by the public Cloud provider; where Customer controls the relationship with the public Cloud provider, CloudShare is not responsible for the public Cloud provider’s failure to perform such obligations. While CloudShare expects the public Cloud provider to maintain uptime consistent with CloudShare’s obligations in the SLA, Support, and Security Exhibit, CloudShare is not responsible for a public Cloud provider’s failure to do so.

Use of Public Cloud. If the Subscription Agreement indicates that CloudShare is using a public Cloud provider and not its own equipment in a data center or Customer later opts to have CloudShare enable the use of a public Cloud providerprovider as shall be indicated in the Subscription Agreement, then: 1.4.11.5.1. Customer will be responsible for complying with any user agreements of that public Public Cloud provider. 1.4.21.5.2. If the Subscription Agreement or Customer’s enablement indicates that Customer will control the relationship with the public Public Cloud provider, it is responsible for authorizing CloudShare’s users and paying the public Public Cloud provider’s fees, and CloudShare will comply with any user agreements of that public Public Cloud provider with respect to its provision of the Service. 1.4.31.5.3. If the Subscription Agreement or Customer’s enablement indicates that CloudShare will be responsible for acquiring the public Public Cloud service, CloudShare will pass the public Public Cloud provider’s periodic fees to Customer without markup and Customer shall pay those fees to CloudShare. 1.4.41.5.4. All of CloudShare’s physical security obligations, backup and failover obligations, and infrastructure security testing obligations in the Security section of the SLAService Level, Support & Security Exhibit (found at xxxxx://xxx.xxxxxxxxxx.xxx/cloudshare-agreements) will be performed by the public Public Cloud provider; where Customer controls the relationship with the public Public Cloud provider, CloudShare is not responsible for the public Public Cloud provider’s failure to perform such obligations. While CloudShare expects the public Public Cloud provider to maintain uptime consistent with CloudShare’s obligations in the SLA, Support, and Security Exhibit, CloudShare is not responsible for a public Public Cloud provider’s failure to do so.