AWS Service Terms

Last updated June 11, 2010

The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of your agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of theses Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

1. Universal Service Terms (Applicable to All Services)

1.1. You may only use the Services to store, retrieve, query, serve, and execute Your Content that is owned, licensed or lawfully obtained by you. As used in these Service Terms, “Your Content” includes any “Company Content.”

1.2. You must comply with the current technical documentation applicable to the Services (including the applicable developer guides) as posted by us and updated by us from time to time on the AWS Website. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service (including the applicable developer guides) as posted by us and updated by us from time to time on the AWS Website.

1.3. You will provide information or other materials related to Your Content and Applications (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content and Applications to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content and Applications confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or Applications or any end user materials that you control.

1.4. If we reasonably believe any of Your Content or Applications violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Authorized Use Policy) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice pursuant to the Digital Millennium Copyright Act or as required to comply with any judicial, regulatory or other governmental order. In the event that we remove content without prior notice, we will provide prompt notice to you unless prohibited by law.

2. Amazon CloudFront

2.1. You must own or be licensed to use any domain name that you use in conjunction with Amazon CloudFront.

2.2. Amazon CloudFront requires you to store the original version of Your Content in Amazon S3. You are responsible for the separate fees you accrue for Amazon S3 and for Amazon CloudFront.

3. Amazon Simple Queue Service (Amazon SQS)

3.1. You may not knowingly create and maintain inactive queues. We may delete, without liability of any kind, any of Your Content that sits in an Amazon SQS queue or any Amazon SQS queue that remains inactive for more than the number of days specified in the user documentation.

4. Amazon Elastic Compute Cloud (Amazon EC2)

4.1. You are responsible for maintaining licenses and adhering to the license terms of any software you run.

4.2. Using Microsoft Software. As part of the Services, you may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors. This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services. Microsoft is not responsible for providing any support in connection with the Services. Do not contact Microsoft for support.

4.3. Using IBM and Novell Software. As part of the Services, you may be allowed to use certain software (including related documentation) developed and owned by International Business Machines Corporation, Novell, Inc., and their licensors (“IBM Software” and “Novell Software”). This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services. Your use of the IBM Software is subject to the terms and conditions defined in the IBM License Information (“IBM LI”) for each IBM Software program and any applicable terms for Separately Licensed Code contained therein. You can access the applicable IBM LI here using the IBM Program Number found in the AMI Catalog. Any restrictions in the IBM LI regarding Processor Value Units (“PVUs”) apply to your use of the IBM Software as part of the Services. IBM’s current conversion table for applying PVUs to the Services can be found here. The IBM LI may refer to products or features that are not available as part of the Services. Your use of the Novell Software is subject to the terms and conditions of the Novell End User License Agreement (“Novell EULA”) provided with the Novell Software. By using the IBM Software and the Novell Software, you hereby agree to be bound by the terms of the applicable IBM LI and Novell EULA, each of which is presented the first time you access the relevant AMI. We may disclose your company name, the IBM Software your company has used, and your company’s total usage fees for the IBM Software (collectively, “Usage Data”). IBM is required to keep Usage Data confidential and IBM cannot use Usage Data for marketing or lead generation.

4.4. Reserved Instance Pricing. You may designate EC2 instances as subject to the reserved pricing and payment terms (“Reserved Instance Pricing”) set forth on the EC2 detail page on the AWS Website (each designated instance, a “Reserved Instance”). You may designate instances as Reserved Instances solely by calling to the Purchasing API (the “API Call”). In the API Call you must designate an availability zone, instance type and quantity for the applicable Reserved Instances. The Reserved Instances may only be used in the designated availability zone. We may change Reserved Instance Pricing at any time but price changes will not apply to previously designated Reserved Instances, except as described in this Section 4.4. If Microsoft increases the license fees it charges for Windows, we may make a corresponding increase to the per-hour usage rate for Reserved Instances with Windows. Any increase in the per-hour usage rate for Reserved Instances with Windows will be made between December 1 and January 31, and we will provide 30 days’ notice. If this happens, you may: (a) continue to use your Reserved Instances with Windows with the new per-hour usage price; (b) convert your Reserved Instances with Windows to comparable Reserved Instances with Linux; or (c) terminate your Reserved Instances with Windows and receive a pro rata refund of the up-front fee you paid for the terminated Reserved Instances with Windows. We may terminate the Reserved Instance Pricing program at any time. Reserved Instances are nontransferable and all amounts paid in connection with the Reserved Instances are nonrefundable, except that if we terminate the Agreement other than for cause, terminate an individual Reserved Instance type, or terminate the Reserved Instance Pricing program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated Reserved Instances. In addition to being subject to Reserved Instance Pricing, Reserved Instances are subject to all data transfer and other fees applicable under the Agreement.

4.5. Spot Instance Pricing. You may request that certain Amazon EC2 instances run pursuant to the spot instance pricing and payment terms (“Spot Instance Pricing”) set forth on the Amazon EC2 product detail page on the AWS Website (each requested instance, a “Spot Instance”). You must request Spot Instances through the AWS Management Console or by using API tools (“Spot Instance Request”). As part of your Spot Instance Request, you must specify the maximum hourly price you are willing to pay to run the requested Spot Instances (“Your Maximum Price”). Unless you specify a permissible alternative termination date, your Spot Instance Request will remain active until we fulfill it or you cancel it. We set the price for Spot Instances (the “Spot Price”), which may vary over time based on a number of factors, including the amount of available compute capacity we have available and the price you and other customers are willing to pay for Spot Instances (e.g., supply and demand). While a requested Spot Instance remains running, you will be charged the current Spot Price in effect at the beginning of each instance hour. You will not be charged more than Your Maximum Price. We may terminate Spot Instances at any time and without any notice to you if we determine the current Spot Price equals or exceeds Your Maximum Price. If we terminate your Spot Instance, you will only be charged for each full hour the Spot Instance ran. Unless you designate your Spot Instance Request as a persistent request, terminated Spot Instances will not automatically restart. You should save your work frequently and test your application to ensure it is fault tolerant and will correctly handle interruptions. We have no liability whatsoever for any damages, liabilities, losses (including any corruption, deletion, or destruction or loss of data, applications or profits), or any other consequences resulting from our termination of any Spot Instance. Spot Instances may not be used with certain Services, features and third-party software we specify, including Auto Scaling, Amazon VPC, Amazon Elastic MapReduce, Amazon DevPay, IBM software packages, or Microsoft SQL Server. You may not, directly, indirectly, alone or in cooperation with any third party, attempt to control, influence or manipulate the price for Spot Instances. Without limiting the foregoing, you may not submit requests for Spot Instances through any third party (e.g., “proxy bidding”) or share information with any third party regarding the maximum prices specified in your Spot Instance Requests. We may modify or terminate the Spot Instance Pricing program at any time. In addition to the Spot Instance Pricing, Spot Instances are subject to all data transfer and other usage fees applicable under the Agreement.

5. Alexa® Web Services

5.1. You may use Alexa® Web Services to create or enhance Applications or websites, to create search websites or search services, to retrieve information about websites, and to research or analyze data about the traffic and structure of the web.

5.2. You may not display data you receive via the Alexa® Services that has been cached for more than 24 hours.

5.3. You may not resell or redistribute the Alexa® Web Services or data you access via the Alexa® Web Services.

5.4. You may use data you receive from the Alexa® Web Services, such as web site traffic data, to enhance your Application or website, but may not use it in any Application whose primary purpose is to display the same or related data or whose primary purpose is to compete with www.alexa.com.

6. Amazon Flexible Payments Service (Amazon FPS)

6.1. The terms in this Section 6 apply only to Amazon FPS and use of your Application with the web-based payment service provided by Amazon Payments, Inc. (“Amazon Payments”) that enables the processing of payment transactions initiated by third parties, and that may include, without limitation, the processing and settlement of credit card transactions, bank transfers, or the administration of prepaid or post-paid balances (the “Payment Service”).

6.2. You may:

• access and use Amazon FPS to enable use of the Payment Service by users who have an appropriate Payment Service account (each, an “Amazon Payments User”) via your Application in accordance with any applicable FPS Specifications (as defined below);
• install, copy, and use the software development kit provided by us as part of Amazon FPS, including the related development guides and technical documentation (collectively, the “FPS SDK”), and access and use the online testing environment made available by us (the “FPS Sandbox”), in each case as necessary to internally develop and test your Application(s) for use with the Payment Service; and
• create, incorporate, compile, and copy derivative works of the sample computer programming code provided by us for development and testing of your Application (the “FPS Sample Code”) as part of your Application for distribution in machine readable binary form or object code form to Amazon Payments Users as necessary for them to use the Payment Service. Use of FPS Sample Code is also subject to any additional license terms included with the FPS Sample Code. Such additional terms will control in the event of any inconsistency or conflict with the Agreement.

6.3. The FPS SDK, FPS Sample Code, and FPS Specifications (as defined below) constitute Amazon Properties. Except as expressly authorized by this Section 6, you may not sublicense, loan, sell, assign, lease, rent, transfer, act as a service bureau, distribute or grant rights to any person or entity in Amazon FPS, the FPS SDK, the FPS Sandbox or the Payment Services.

6.4. You and your Application will comply with any technical and operational specifications and other documentation or policies provided or made available by us or Amazon Payments with respect to Amazon FPS or the Payment Service respectively (the “FPS Specifications”). We reserve the right to update or modify the FPS Specifications at any time. Prior to making your Application generally available for commercial use, you will thoroughly test your Application to ensure that it operates properly with Amazon FPS, including without limitation that it complies with the FPS Specifications.

6.5. We may review and test your Application to confirm that it operates properly with Amazon FPS and complies with the FPS Specifications, using review and test processes determined in our sole discretion. You agree to correct any material errors, defects or other non-compliance of which you become aware, including from review and test results provided by us. We may make modifications, updates or upgrades to Amazon FPS, the FPS SDK, or FPS Specifications. In such event, you will test and, if necessary, modify your Application to ensure that it continues to operate properly with the then-current version of Amazon FPS, the FPS SDK, and FPS Specifications.

6.6. You must establish and maintain a payments account with Amazon Payments to use your Application commercially with Amazon FPS and to access the Payment Service. Your use of the Payment Service is subject to Amazon Payment’s policies, procedures, and user agreements, and any breach of the foregoing will constitute a breach of the Agreement. In addition to the limitations described in the Agreement, any use of the Amazon Payments logo and trademark is subject to the trademark usage guidelines issued by Amazon Payments.

6.7. You are responsible for (a) the collection and payment of any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any offer or sale of products or services by you, including your Application, and (b) any payment transaction that is initiated using your Application that is charged back or reversed (a “Chargeback”) to the extent that such Chargeback is attributable to any error, act or omission of you or your Application and is not otherwise recovered by Amazon Payments from an Amazon Payments User. You will indemnify and reimburse Amazon Payments and its affiliates against any claim or demand for payment of any such taxes or any Chargebacks.

6.8. You represent, warrant, and covenant that you will at all times:

• represent the capabilities and features of the Payment Service consistent with our description of such capabilities and features and avoid false, deceptive, misleading or unethical practices that may be detrimental to us or Amazon Payments, the Payment Service, Amazon Payments Users or other third parties;
• refrain from providing warranties or disclaimers with respect to the Payment Service;
• promptly investigate and report to us all complaints received by you with regard to Amazon FPS and the Payment Service, and make every reasonable effort to maintain and promote good public relations for us in the handling of any such complaints; and
• ensure that the terms of any agreements between you and any Amazon Payments User are consistent with the terms of the Agreement and these Service Terms.

7. Amazon DevPay Service (Amazon DevPay)

7.1. You may use Amazon DevPay to: (a) sell to end users (“Customers”) use of Applications that you develop and make available with the Services (the “Bundled Application”), including AMIs that you develop; (b) establish accounts for Customers that use the Bundled Application (“Customer Accounts”); (c) manage features of Customer Accounts; and (d) receive payments from Customers for Bundled Applications.

7.2. You will establish the pricing applicable to Customers for their use of any Bundled Application. We will only be responsible for collecting those fees that are fully disclosed and properly configured within the DevPay Service. The fees you charge to Customers for your Bundled Applications through the DevPay Service (as further described in Section 7.6 below) must constitute the full and complete fees you charge Customers for such Bundled Applications. You may not charge or impose any additional or supplemental fees for Bundled Applications other than those disclosed through the DevPay Service. While you are using the DevPay Service, you shall not establish any alternative means of payment for such Bundled Applications. The foregoing does not limit your ability to charge and receive payments for goods and services other than the Bundled Application sold through the DevPay Service.

7.3. You are responsible for designating all terms and conditions applicable to the use of the Bundled Application; provided that, use of the underlying Services are subject to the terms of the Agreement which will control in the event of a conflict. We may require users to register an AWS account (including agreeing to the terms of the Agreement) in order to use Amazon EC2 or other Services associated with the Bundled Application. You may not extend on behalf of us any written or oral warranty or guarantee, or make any representation or claim, with respect to the Services without our prior written consent. Upon termination of the Agreement or the Amazon Payments User Agreement for any reason, all access by Customers with respect to your Bundled Applications may be terminated by us.

7.4. Except as set forth in Section 7.5 below, you are fully liable for all charges incurred for Services under your Account Identifiers or those assigned to your Customers for your Bundled Applications. All Services will be charged at the then current price applicable to such Services under the Agreement. Payments will be processed by Amazon Payments, Inc. and are subject to the terms of the Amazon Payments User Agreement, including your liability for chargebacks. All payments collected using the DevPay Service are subject to the then current processing fee described on the DevPay detail page on the AWS Website. Amounts owed under the Agreement may be deducted from proceeds collected under the Amazon Payments User Agreement.

7.5. If we are unable to collect the fees you specify from your Customers for the sale of your Bundled Applications (“Customer Fees”) or a prior transaction for those fees is reversed, you will not be responsible for paying the fees for the Services used by you and your Customer (“Service Fees”) and AWS will have no obligation to remit or otherwise seek collection of the Customer Fees, provided that the payment failure is due to:

• AWS’s inability to charge a Customer’s credit card for the Customer Fees, or
• A transaction is reversed as a result of a Chargeback (as described in the Amazon Payments User Agreement) because the transaction was not authorized or was otherwise fraudulent.

In addition, in the applicable month, the Customer Fees charged must exceed the Service Fees. In the event of such a payment failure, we may recover or otherwise set off any Customer Fees from you that we collected in the month to the extent they do not exceed the Service Fees. In the event that either you or AWS is subsequently able to collect the Customer Fees, you will pay to AWS the corresponding Service Fees as provided in the Agreement.

7.6. We will host and make available to Customers a customer interface (“Customer UI”) permitting (a) the display to Customers of certain pricing, terms and conditions and other information you provide to us regarding your Bundled Applications (“Subscription Information”) and (b) Customers to engage in certain functions with respect to your Bundled Applications, such as account establishment, account termination, payment authorization and termination rights. We will define and control the fields and format for the Customer UI and for Subscription Information. We retain all rights to the Customer UI, including its look and feel, and you will not copy or mimic the Customer UI in any manner.

7.7. You are responsible for ensuring and shall ensure that all Subscription Information (as you provide it to us and as it is ultimately shown on the Customer UI) is: (a) full, accurate and complete, (b) not misleading; and (c) in compliance, in all respects, with applicable laws. You must promptly update the Subscription Information when and as necessary to ensure that the Subscription Information continues to comply with the foregoing requirements, even if the updates are necessary as a result of changes we make to the data input fields or to the Customer UI.

7.8. You are responsible for providing customer service (if any) to Customers for your Bundled Applications. We shall have no obligation to provide customer or technical support to any Customer for Bundled Applications; provided that, we will provide support to Customers regarding billing and payment questions.

7.9. You will use the communication methods we establish through the DevPay Services for the administration of Customer Accounts, including, but not limited to, any communications regarding Customer Account termination or pricing changes.

7.10. You acknowledge and agree that we may take any of the corrective action regarding Customer Accounts to the extent we deem necessary or appropriate, in our sole discretion, to (a) comply with law, (b) enforce or apply the Agreement, the Amazon Payments User Agreement, or other agreements or policies applicable to the Services or DevPay Service, or (3) protect the rights, property or safety of our business, a Customer, or any third party. Corrective action may include (i) suspending, canceling or closing of Customer Accounts; (ii) re-establishment of Customer Accounts; and (iii) waiving or refunding of fees on Customer Accounts. We shall have no liability to you for taking any such actions. You shall promptly comply with any actions we take or may require of you regarding Customer Accounts. These actions may include, without limitation, reimbursing us for Customer refunds we issue, discontinuing provision of services on Customer Accounts we cancel, and re-establishment of services on Customer Accounts we re-establish. Should you ask us to close a Customer Account by using a method we have provided for that purpose, we will endeavor to close the Customer Account reasonably promptly, but we shall have no liability to you for the speed with which we do so or for our failure to do so. You shall indemnify and hold us and our employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), arising out of or in connection with any claim based on or related to any actions we may take with respect to any Customer Account at your direction, including, without limitation, any closure of a Customer Account.

7.11. You acknowledge and agree that: (a) you have no expectation and have received no assurances that your business relationship with us will continue beyond the Term (or its earlier termination), that any investment by you in the promotion of any Bundled Application will be recovered or recouped, or that you will obtain any anticipated amount of profits; and (b) you will not have or acquire by virtue of the DevPay Services or otherwise any vested, proprietary or other right in the promotion of any Services or in any related goodwill created by your efforts.

8. Amazon SimpleDB Service (Amazon SimpleDB)

8.1. If during the previous six (6) months you have incurred no fees for Amazon SimpleDB and have registered no usage of Your Content stored in Amazon SimpleDB, we may delete, without liability of any kind, Your Content that is stored in Simple DB upon thirty (30) days prior notice to you.

9. Amazon Fulfillment Web Service (Amazon FWS)

9.1. You may only access and use Amazon FWS to query, access, transmit and receive product and shipping information related to your use of the Fulfillment by Amazon service (“FBA Service”) sold and provided by Amazon Services LLC (“Amazon Services”) in accordance with any applicable FBA Specifications (as defined below).

9.2. To use Amazon FWS, you must have an Amazon seller account (your “Seller Account”) that is in good standing and be registered to use the FBA Service. Your use of the FBA Service and your Seller Account is solely subject to Amazon Services’ policies, procedures, the Amazon Business Services Agreement or other applicable user agreements. Amazon FWS is only a technical interface that enables you to access and process certain information related to your Seller Account. AWS will have no liability to you or any third party related to your Seller Account.

9.3. You may use Amazon FWS only to administer product and shipping information associated with your Seller Account. When registering for Amazon FWS, you must use the same username and password which is associated with your Seller Account. You may not develop or use an Application to access Amazon FWS that collects, processes or stores the Account Identifiers or other security credentials (including usernames and passwords) of any third party associated with AWS or any of its affiliates.

9.4. You and your Application will comply with any technical and operational specifications, security protocols and other documentation or policies provided or made available by us with respect to Amazon FWS (the “FBA Specifications”). We reserve the right to update or modify the FBA Specifications at any time. Prior to making your Application available for commercial use, you will thoroughly test your Application to ensure that it operates properly with Amazon FWS, including, without limitation, that it complies with the FBA Specifications.

10. Amazon Elastic MapReduce

10.1. We may collect certain information about computing jobs you run using Amazon Elastic MapReduce, including CPU utilization, memory usage, IO performance, and error and information messages.

10.2. You are responsible for all fees incurred from your use of Amazon Elastic MapReduce regardless of the results obtained, the quality of the resulting data, or whether a computing job runs successfully. Use of Amazon Elastic MapReduce requires use of Amazon EC2 and Amazon S3, and certain features require use of Amazon SimpleDB. You are responsible for the separate fees you accrue for Amazon EC2, Amazon S3, and Amazon SimpleDB.

10.3. You are solely responsible for monitoring the status of your computing jobs. We may throttle or terminate computing jobs that we determine degrade the performance of Amazon Elastic MapReduce, the Services, or any component of the Services. We are not responsible for any data loss or data corruption that occurs as part of your computing jobs.

11. Amazon CloudWatch and Auto Scaling

11.1. You may only use Amazon CloudWatch to perform monitoring and auto-scaling functions in connection with Amazon EC2. Amazon CloudWatch enables Auto Scaling in connection with Amazon EC2. Auto Scaling requires use of both Amazon CloudWatch and Amazon EC2.

11.2. In connection with Auto Scaling, we may launch additional Amazon EC2 instances or terminate Amazon EC2 instances based on conditions you set. You are responsible for the separate fees you accrue for Amazon EC2. You are responsible for all fees incurred from your use of Amazon CloudWatch and Auto Scaling regardless of the results obtained or the quality or timeliness of the results. Charges for Amazon CloudWatch will accrue as soon as you use begin using Amazon CloudWatch or Auto Scaling functionality.

11.3. Amazon CloudWatch collects and stores certain information for the Amazon EC2 instances you are monitoring, including CPU utilization, data transfer, and disk usage and activity.

12. Elastic Load Balancing

12.1. You may only use Elastic Load Balancing to provide load balancing functionality in connection with Amazon EC2. You must have instances running in all Availability Zones across which you want to balance loads with Elastic Load Balancing.

12.2. Use of Elastic Load Balancing requires use of Amazon EC2. You are responsible for the separate fees you accrue for Amazon EC2. You are responsible for all fees incurred from your use of Elastic Load Balancing regardless of the results obtained or the quality or timeliness of the results. Charges for Elastic Load Balancing will accrue as soon as you use begin using Elastic Load Balancing functionality.

13. AWS Import/Export

13.1. You may send physical storage media (the “Media”) to us that we will use to either (a) transfer data contained on the Media for storage in Amazon S3 as Your Content or (b) transfer certain of Your Content to the Media (such data contained on Media either before or after transfer, “Data”) and provide the Media to you.

13.2. You will comply with all specifications and documentation for AWS Import/Export (including the AWS Import/Export Pack and Ship Check List) as posted by us and updated by us from time to time on the AWS Website, including Media requirements and shipping requirements. You will be solely responsible for all shipping and handling costs (including costs of freight and transit insurance) for shipping Media to or from us. We may pay some reasonable return shipping charges as described on the AWS Import/Export section of the AWS Website. You are responsible for payment of all customs, duties, taxes and other charges in connection with Media being shipped to or from us.

13.3. You will not deliver to us, and we may refuse to accept any, damaged or defective Media or any Media not shipped in accordance with the Agreement (collectively, “Unsuitable Media”). We may return or dispose of any Unsuitable Media in accordance with Section 13.12 below (and you will be deemed to have consented to such action) if you fail to direct us to return or dispose of any Unsuitable Media within thirty (30) days after we notify you that we are in possession of it. In addition, you will reimburse us for any expenses we incur in connection with any Unsuitable Media.

13.4. You will bear the entire risk of loss of, or damage to, any Media (including Data) while in transit and you are solely responsible for obtaining insurance at your expense. We have no liability or responsibility with respect to any delay, damage or loss incurred during shipment, including loss of Data.

13.5. You will retain title to any Media we receive from you and store as part of AWS Import/Export. You supply us with Media and Data entirely at your own risk. We are not responsible for and will not be held liable for any damage to Media or any loss of Data. Our confirmed receipt of delivery does not: (a) indicate or imply that any Media or Data has been delivered free of loss or damage, or that any loss or damage to any Media or Data later discovered occurred after confirmed receipt of delivery; (b) indicate or imply that we actually received the number of units of Media specified by you for such shipment; or (c) waive, limit or reduce any of our rights under the Agreement. We reserve the right to impose, and change, from time to time, volume limitations on the delivery of your Media, and you will comply with any of these restrictions or limitations.

13.6. You should back-up Data prior to delivery to us. Your Data should not include live or production data or any other data that you are not prepared to lose. For avoidance of doubt, Your Content includes Data.

13.7. You represent that you have all necessary rights to (a) provide the Media and Data to us for upload into Amazon S3 and (b) authorize our transfer of any Data specified by you to the Media. You represent that import or export of the Media or Data to or from us does not require a license under the laws or regulations of any country.

13.8. We may reproduce Data as necessary to transfer it between Media and Amazon S3.

13.9. Use of AWS Import/Export requires use of Amazon S3. You are responsible for the separate fees you accrue for Amazon S3.

13.10. IN ADDITION TO THE DISCLAIMERS IN THE AGREEMENT, WE HEREBY DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE OR SHIPMENT OF MEDIA OR DATA BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS. YOU ARE SOLELY RESPONSIBLE FOR APPLYING APPROPRIATE SECURITY MEASURES TO YOUR DATA, INCLUDING ENCRYPTING SENSITIVE DATA.

13.11. In addition to your indemnification obligations under the Agreement, you agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys’ fees), arising out of or in connection with any claim arising out of (a) the Media (whether or not title has transferred to us) and Data, including any personal injury, death or property damage (including any damage caused by malicious or harmful code included in Data); (b) any sales, goods and services, use, excise, import, export, property, value added or other taxes or duties assessed or imposed on us or our affiliates in connection with or as a result of the storage, shipping or other actions by us taken with respect to the Media or Data; (c) any legal or regulatory violation, arising under the laws or regulations of any country, related to import or export of the Media or the Data.

13.12. Once AWS Import/Export services are complete, we will return the Media to you. We may return Media to you for any reason, including upon termination of the Agreement or the AWS Import/Export service. Returned Media will be sent to your designated shipping address. Media shipped to us for import into or export from Amazon S3 in the EU (Ireland) Region must originate from and be returned to an address within the European Union. If we have an outdated, incorrect or prohibited address for you, we will notify you and you will have thirty (30) calendar days from the date we notify you to supply a substitute address. If you do not supply a substitute address within thirty (30) calendar days of notification, the Media will be deemed Unsuitable Media subject to disposal. We may dispose of Media in any manner and we have no obligation to reimburse or compensate your for any loss of Media or Data due to our disposal.

13.13. Notwithstanding anything to the contrary in the Agreement, you may give agents and subcontractors of your choosing access to the private key associated with your account solely for the purpose of (a) preparing Data for import or export using AWS Import/Export or (b) confirming the integrity of Data imported or exported using AWS Import/Export. You remain fully responsible for and indemnify us for all activities undertaken by such third parties under your account. Other than as specifically set forth in this section, all terms and conditions of the Agreement continues to apply to your use of the Services.

13.14. We will not act as the importer of record for your shipments of Media or Data.

14. Amazon Virtual Private Cloud (Amazon VPC)

14.1. You may only use Amazon VPC to connect your computing resources to certain AWS computing resources via a Virtual Private Network (VPN) connection.

14.2. Use of Amazon VPC requires the use of other Services. You are responsible for all applicable fees associated with your use of other Services in connection with Amazon VPC. When you transfer data between AWS computing resources running inside Amazon VPC and AWS computing resources running outside Amazon VPC, you will be charged VPN data transfer rates in addition to any applicable Internet data transfer changes. VPN connection charges accrue during any time your VPN connection is in the “available” state.

14.3. You are solely responsible for the configuration, operation, performance and security of all equipment and computing resources you use with Amazon VPC, including any gateways or other devices you use to connect to Amazon VPC.

15. AWS Multi-Factor Authentication (AWS MFA)

15.1. You may only use AWS MFA in connection with accessing your AWS account.

15.2. Your use of AWS MFA requires the use of other Services. You are responsible for all applicable fees associated with your use of other Services in connection with AWS MFA.

15.3. You are solely responsible for the procurement and for the configuration, operation, performance and security of any hardware or non-AWS software that you use in connection with AWS MFA, including any compatible authentication devices.

16. Amazon Relational Database Service (Amazon RDS)

16.1. You may only use Amazon RDS to store, query, retrieve and serve data and other content owned, licensed or lawfully obtained by you. You acknowledge that neither we nor our licensors are responsible in any manner, and you are solely responsible, for the proper configuration of database security groups and other security settings associated with Amazon RDS.

16.2. You may store snapshots of Your Amazon RDS Content for later use in Amazon RDS but snapshots cannot be downloaded outside the Services.

16.3. We may terminate your Amazon RDS database instance if you attempt to access or tamper with any software we pre-load on the database instance, including the operating system software running on the database instance.

17. Amazon Simple Notification Service (Amazon SNS)

17.1 You may only use Amazon SNS to send notifications to parties who have agreed to receive notifications from you.

17.2 We may throttle or restrict notifications if we determine, in our sole discretion, that your activity may be in violation of the Amazon Web Services Acceptable Use Policy or the Agreement.

18. Consolidated Billing

18.1. You may only use Consolidated Billing as described in this Section and on the AWS Website to (i) link an AWS account (the “Paying Account”) with another AWS account (each, a “Linked Account”), or (ii) allow an AWS account to be linked to a Paying Account. When accounts are linked, the Paying Account will be billed for and will pay all applicable charges for each Linked Account in accordance with the payment provisions in the Agreement while the accounts are linked. By linking your Linked Account to a Paying Account, you consent to disclosing your billing and account activity for that Linked Account to the Paying Account. We will determine the number of accounts that may be linked. An account may unlink another account from it at any time. As soon as a Linked Account is unlinked from a Paying Account, the Linked Account will be billed for and will pay all applicable charges for the Linked Account in accordance with payment provisions in the Agreement. If a Paying Account is terminated for failure to satisfy the payment provisions in the Agreement, then all linked Accounts associated with the Paying Account will be unlinked. We may unlink a Linked Account from a Paying Account at any time upon notice to both accounts in accordance with the Agreement. Paying Accounts and Linked Accounts are jointly and severally liable for all fees accrued by Linked Accounts while the accounts are linked. Accordingly, if a Paying Account fails to pay for fees accrued by a Linked Account while the accounts are linked, the Linked Account remains liable for such fees.

19. Amazon Web Services Premium Support (AWS Premium Support)

19.1. We will provide “Premium Support” in accordance with the terms of AWS Premium Support Guidelines available at http://aws.amazon.com/premiumsupport/guidelines (the “Guidelines”). Premium Support is available only for (a) the “Covered Services” and subscription levels set forth in the Guidelines, and (b) customers and their own Applications using the Covered Services. If you are experiencing problems with one or more Covered Services in connection with your use of an Application that was provided to you by a third party (someone other than yourself or AWS) then Premium Support is not available.

19.2. In providing Premium Support, AWS will use commercially reasonable efforts to (a) respond within the “Response Times” set forth in the Guidelines for all properly submitted cases from authorized individuals, and (b) work towards the identification and resolution of the problems submitted. When submitting a case, you may designate the severity level of a problem; provided that, we reserve the right to reclassify the severity level in our reasonable opinion. All Response Times are measured from the point when a case has been properly submitted by an authorized individual to us. Cases may be submitted as specified in the Guidelines. We do not represent, warrant or guarantee that (i) we will always be able to resolve a case fully, (ii) you will no longer experience a problem, or (iii) we will provide a bug fix, patch or other workaround in connection with the identified problem.

19.3. Premium Support fees will be the greater of (a) the specified minimum monthly fee, or (b) a percentage of your monthly usage charges for all the Covered Services during the billing period. Regardless of when you sign up or terminate Premium Support, you are obligated to pay for a minimum of thirty (30) days of support each time you register to receive the service. We reserve the right to refuse to provide Premium Support to any customer that frequently registers for and terminates the service.