Common use of Security and Data Protection Clause in Contracts

Security and Data Protection. INAP has established and shall use commercially reasonably adequate security programs and procedures relating to the Online Services and Customer Data. Each of Customer and INAP agrees to use its reasonable efforts to prevent unauthorized persons from having access to the Online Services or Site, or any equipment providing the Online Services. Each Party agrees to notify the other Party promptly upon becoming aware of any unauthorized access or use of the Online Services, Site, or Customer Data, by any third party. Except where Customer purchases Managed Services that cover any of the following, Customer shall be responsible for protection of its data against loss, damage or destruction, including, but not limited to, daily back-ups, anti-virus protection and data security measures. Customer shall backup individual computers before any Services are rendered in order to protect against any loss, damage or destruction of data. Except for the provision of Managed Services by INAP to Customer, INAP will have no responsibility or liability for lost, damaged or destroyed data, except in the event of INAP’s gross negligence or willful misconduct, in which case Customer’s sole and exclusive remedy shall be to require INAP to reload the lost, damage or destroyed data from the backup tapes provided by Customer. Notwithstanding the foregoing, each Party shall have generally accepted industry standard internet security software or tools installed on its infrastructure. Such internet security software shall be up to date within one patch or release. Customer will take reasonable precautions to ensure that (a) no Personal Data is unintentionally transmitted or delivered to INAP, and (b) to the extent any delivery or transmission of Personal Data is required in connection with Services by INAP, all such Personal Data is encrypted (in accordance with generally accepted industry best practice) prior to delivery or transmission to INAP. Customer hereby agrees to indemnify and hold harmless INAP and its directors, officers, agents, employees, members, subsidiaries, and successors in interest from and against any and all damages, losses, liabilities, settlements and expenses (including, without limitation, reasonable costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of this Section by Customer.

Security and Data Protection. INAP DE Executive Cyber has established and shall use commercially reasonably adequate security programs and procedures relating to the Online Services and Customer Data. Each of Customer and INAP DE Executive Cyber agrees to use its reasonable efforts to prevent unauthorized persons from having access to the Online Services or Site, or any equipment providing the Online Services. Each Party agrees to notify the other Party promptly upon becoming aware of any unauthorized access or use of the Online Services, Site, or Customer Data, by any third party. Except where Customer purchases Managed Services that cover any of the following, Customer shall be responsible for protection of its data against loss, damage or destruction, including, but not limited to, daily back-ups, anti-virus protection and data security measures. Customer shall backup individual computers before any Services are rendered in order to protect against any loss, damage or destruction of data. Except for the provision of Managed Services by INAP DE Executive Cyber to Customer, INAP DE Executive Cyber will have no responsibility or liability for lost, damaged or destroyed data, except in the event of INAPDE Executive Cyber’s gross negligence or willful misconduct, in which case Customer’s sole and exclusive remedy shall be to require INAP DE Executive Cyber to reload the lost, damage or destroyed data from the backup tapes provided by Customer. Notwithstanding the foregoing, each Party shall have generally accepted industry standard internet security software or tools installed on its infrastructure. Such internet security software shall be up to date within one patch or release. Customer will take reasonable precautions to ensure that (a) no Personal Data is unintentionally transmitted or delivered to INAPDE Executive Cyber, and (b) to the extent any delivery or transmission of Personal Data is required in connection with Services by INAPDE Executive Cyber, all such Personal Data is encrypted (in accordance with generally accepted industry best practice) prior to delivery or transmission to INAPDE Executive Cyber. Customer hereby agrees to indemnify and hold harmless INAP DE Executive Cyber and its directors, officers, agents, employees, members, subsidiaries, and successors in interest from and against any and all damages, losses, liabilities, settlements and expenses (including, without limitation, reasonable costs and attorneysattorneys ’ fees) in connection with any claim or action that arises from an alleged violation of this Section by Customer.