New Target, Inc.
December, 20181.0 Scope: The following Additional Terms and Conditions (“Service Terms”) apply to Hosting Services provided by New Target, Inc. or a wholly-owned affiliate or authorized subcontractor (“New Target”) to its Clients. 2.0 Contracting for Hosting Services d>2.1 Clients desiring Hosting Services sign a Client agreement describing pricing, payment, initial term and renewal, and related provisions. >2.2 The Service Terms are additional terms and conditions applicable to the provision of Hosting Services. If the Customer Agreement states that it intends to modify specified Service Terms, then the Customer Agreement will control as to those specified terms. 2.3 Client may request New Target to provide Hosting Services on host hardware physically dedicated to a single Client account, subject to applicable pricing and other additional terms and conditions relating to dedicated Hosting Services. 3.0 Client Content 3.1 Client may use Hosting Services only to store, retrieve, query, serve, and execute Content that is owned, licensed or lawfully obtained by Client. 3.2 Client represents that it has the right to collect and provide the Content processed by New Target Services, and Client consents to New Target’s collection and processing of the data for such purposes. 3.3 Client will ensure that all Client Content is accurate, complete and not misleading. 3.4 Client’s use of third-party Content, products and services, and products is subject to the third-party provider’s terms and conditions, and Client is solely responsible for complying with those terms and conditions. Features that depend on such third-party providers’ Content, products, or services may not be secure, uninterrupted or error-free. 3.5 Client consents to New Target’s transfer, storage, processing, and maintenance of Client’s Content for the purposes stated in the Client Agreement. 3.6 If New Target reasonably determines any Client Content violates a material term of New Target’s Acceptable Use Policy or the Client Agreement (“Prohibited Content”), New Target will notify Client of the Prohibited Content and may request that such Content be removed from the Services or access to it be disabled. 3.6.1 If Client does not remove or disable access to the Prohibited Content within two business days following notice from New Target, New Target may remove or disable access to the Prohibited Content or suspend Hosting Services to the extent New Target is not able to remove or disable access to the Prohibited Content.
3.6.2 Notwithstanding the foregoing, New Target may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten Hosting Services, pursuant to the Digital Millennium Copyright Act, or as required to comply with law or any judicial, regulatory or other governmental order or request. In such event, New Target will provide prompt notice to Client unless prohibited by law.3.7 Client is responsible for notifying New Target in the event Client determines or is notified by a governmental authority or third party that Content stored by New Target Hosting Services must be deleted under applicable law. 3.8 Client is responsible for compliance with Client policies for its services, applications, and Client end-user agreements. 3.9 Client acknowledges that New Target does not provide legal or compliance advice. Client acknowledges that it is responsible for assessing its legal and regulatory requirements and whether its proposed use of Hosting Services meets those requirements. 3.10 Client is responsible for (a) providing legally adequate privacy notices to Client’s end users; (b) obtaining any necessary consent from the end users for the collection, transfer, and storage of any name, password, other login information, or personally identifiable information or personal data of any end user that Client (or any third-party plug-in or service provider that Client uses) may access; (c) using and authorizing others to access and use the information only for the purposes permitted by the end user; and (d) ensuring the information is collected, used, transferred, and stored in accordance with all laws, rules, and regulations applicable in jurisdictions in which Client applications are used. 4.0 Hosting Services (Transfer, Storage, and Processing of Client Content)
4.1 Client consents to New Target’s collection of all data arising from New Target’s provision of Hosting Services including, but not limited to, Client Content and Client’s network configuration, parameters, systems, equipment, software and other components, communications, and dependencies, update histories, registry keys, resource groups and patch metadata (“Migration Information”). Migration Information may be used to operate, maintain, and improve the quality and feature set of Hosting Services.
4.2 Client and all Client Content will comply with any technical and operational specifications, security protocols, and other documentation or policies provided or made available by New Target with respect to Hosting Services from time to time. New Target reserves the right to update or modify such information at any time. Prior to making Content available for public access, Content will be tested in accordance with the Client Agreement to ensure that it complies with the applicable specifications and operates properly with Hosting Services.
4.3 From time to time, New Target may apply upgrades, patches, bug fixes, or other maintenance relating to Hosting Services (“Maintenance”). New Target agrees to use commercially reasonable efforts to provide Client with prior notice of any scheduled Maintenance (except for emergency Maintenance) and Client agrees to use reasonable efforts to comply with any New Target Maintenance requirements.
4.4 While Hosting Services facilitate the identification of security issues, New Target does not represent, warrant, or guarantee that all security issues will be identified or that Client resources evaluated by Hosting Services will be of a certain fidelity, error-free, or comply with a particular security standard.
4.5 Client agrees that Hosting Services resources may be modified or replaced from time to time due to failure, retirement or other New Target requirement(s).5.0 New Target Certificate Management Services
5.1 Client may authorize New Target in writing to apply for and obtain publicly traded SSL/TLS certificates (each, a “Certificate”) from certification authorities located in the United States, some of whom may be third parties, for the domain name Client provides to New Target.
5.2 By submitting a request for a Certificate, Client certifies that (1) it is the Domain Name Registrant (as defined in the then current CA/Browser Forum Baseline Requirements Certificate Policy for the Issuance and Management of Publicly Traded Certificates (the “CA/B Forum Requirements” currently located at https://cabforum.org/baseline-requirements-documents/); (2) it has control over the Fully-Qualified Domain Name (as defined in the CA/B Forum Requirements); or that (3) it has been granted authority by the Domain Name Registrant to authorize New Target CA to apply for and obtain each Certificate.
5.3 It acknowledges that, solely for purposes of obtaining the Certificate and for no other purposes, it is giving New Target control over the Fully-Qualified Domain Name, and Client approves of New Target requesting the Certificate for the domain name. New Target may decline to provide Client with a Certificate for any reason.
5.4 Client agrees that:
5.4.1 All information Client provides in connection with Client’s use of Certificates is and will be accurate and complete information at all times (and Client will promptly notify New Target if Client’s information changes).
5.4.2 Client may use a Certificate provided to Client by New Target solely on servers that are accessible at the subjectAltName(s) listed in the Certificate and will use the Certificate solely in compliance with all applicable laws.
5.4.3 Client will promptly cease using a Certificate, and promptly notify New Target, in the event that any information in the Certificate is, or becomes, incorrect or inaccurate.
5.4.4 Client will promptly cease New Targeting a Certificate, and promptly notify New Target, if the private key associated with the Certificate is, or becomes, subject to a Key Compromise (as defined in the CA/B Forum Requirements) or the Certificate is otherwise subject to misuse;
5.4.5 Client will promptly respond to New Target CA’s instructions concerning Key Compromise or Certificate misuse.
5.4.6 Client will not modify, sublicense, or create a derivative work of any Certificate (except as required to use the Certificate for its intended purpose) or private key.
5.4.7 Client will not, in connection with use of the Certificate, upload or distribute any files or software that may damage the operation of another’s computer.
5.4.8 Client will not, in connection with use of the Certificate, impersonate or misrepresent Client’s affiliation with any entity.
5.4.9 Client will not permit an entity other than New Target to control the Private Key matching the Public Key in the Certificate (where “Private Key” and “Public Key” are defined by the CA/B Forum Requirements).
5.4.10 Client will not use a Certificate to breach the confidence of a third party or to send or receive unsolicited bulk correspondence.
5.4.11 Notwithstanding anything to the contrary in the Agreement, Client acknowledges that New Target (or any New Target-approved third-party contractor) may revoke a Certificate at any time, and Client agrees that Client will cease using the Certificate immediately upon New Target’s notice of such revocation.6.0 Amendment or Modification of Service Terms
6.1 New Target may amend or modify Service Terms at any time by posting a revised version on a New Target Website or by otherwise notifying you in accordance with a Client Agreement. By continuing to use Hosting Service after the effective date of any modifications to this Agreement, Client agrees to be bound by the amended or modified terms. It is Client’s responsibility to check the applicable New Target Website regularly for modifications to the Service Terms. New Target last modified the Service Terms on the date listed at the beginning of the Service Terms.