Your data is protected by CenturyLink’s “defense in depth” security model—satisfying rigorous enterprise security standards without costly add-ons.
Choose where your apps and data reside. Build and manage virtual machines (VMs) across 11 interconnected data centers in the US, Canada, UK and EMEA.
CenturyLink Cloud has powerful load balancing and redundancy features that improve uptime.
CenturyLink Cloud has one of the most rigorous SLAs in the industry.
CenturyLink’s cloud architecture is optimized across the stack for high performance—from premium hardware to custom performance enhancing technologies.
Built-in disaster recovery solutions reinforce CenturyLink’s highly redundant infrastructure.
Compliant & Audited
CenturyLink’s platform is SSAE 16 SOC2 Type 2 certified, and we help customers comply with industry regulations like HIPAA.
Flexible Support Options
We deliver the level of support that’s right for you. Choose a support tier, then add service tasks and professional services as needed.
This CenturyLink Cloud Trial Agreement (“Trial Agreement”) is a binding agreement between Savvis Communications Corporation DBA CenturyLink TS and its affiliates (“CenturyLink”) and (“Customer”) and is entered into as of (“Effective Date”). In exchange for access to the Trial Services (as hereinafter defined) at no charge, Customer agrees to the terms herein.
1.1 CenturyLink has launched a public cloud service offering that includes use of virtual resources in a multi-tenant environment and use of the Control portal for Customer management and automated provisioning (collectively, the “Trial Service”). Customer understands and acknowledges that (i) the Trial Service is subject to capacity and/or ordering limitations, (ii) the Trial Service is strictly limited to the duration set forth in the Term/Termination section below, (iii) the Trial Service is not subject to a Service Level Agreement or any other performance metrics and/or service credit program, (iv) any commercial or otherwise “live” use of the Trial Service by Customer is solely at Customer’s own risk; and (v) use of the Trial Service is subject to the terms of this Agreement and any license terms included in the Control portal.
1.2 “Service Order” means the online order that Customer submits to CenturyLink via the Control panel that includes the type and details of the specific Services ordered by Customer.
2.1 The Term of the Trial Agreement will commence on the Effective Date and will conclude upon the earlier of the thirtieth (30th) business day or when Customer’s usage reaches $2,500 (the “Trial Period”), unless terminated earlier by a party hereunder. The Trial Service will commence upon Customer’s first log in to the Control panel to configure and order Services and will conclude at the end of the mutually agreed Trial Period.
2.2 Either party may terminate this Trial Agreement for any reason or no reason upon written notice to the other party. Notwithstanding the foregoing, CenturyLink may suspend the Trial Service and/or terminate this Trial Agreement immediately and without notice in the event Customer violates Sections 7 (Confidentiality), 8 (Acceptable Use), or 9 (Intellectual Property) in CenturyLink’s sole and reasonable discretion.
2.3 Upon any termination or expiration of this Trial Agreement, CenturyLink will automatically terminate Customer’s access to the Trial Service. In addition, any Customer data, content or other materials on the Trial Service will be immediately deleted and Customer shall: (i) immediately cease all use of the Trial Service; (ii) promptly destroy all resources in connection with the Trial Services,; and (iii) have no rights whatsoever to further test, evaluate, use, distribute or retain in its possession the Trial Service or any CenturyLink materials related thereto.
The Trial Service is provided at no charge to Customer. The charges that may appear on Service Orders associated with the Trial Service will not be invoiced or otherwise applied to Customer during the Trial.
THE TRIAL SERVICES AND USE OF ANY RELATED EQUIPMENT, SOFTWARE AND/OR OTHER MATERIALS PROVIDED BY CENTURYLINK HEREUNDER OR USED IN CONNECTION WITH THE TRIAL SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE COMPLETENESS, ACCURACY, RESULTS, OPERATION, SECURITY, AVAILABILITY (FOR ANY REASON) AND PERFORMANCE OF THE TRIAL SERVICE AND RELATED MATERIALS IS ASSUMED BY CUSTOMER.
CENTURYLINK AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOST DATA, OR DAMAGES TO SOFTWARE OR FIRMWARE ARISING FROM OR RELATING TO THIS TRIAL AGREEMENT, THE TRIAL SERVICE AND ANY RELATED MATERIALS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, AND REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS IN SECTION 4 AND THIS LIMITATION OF LIABILITY ARE FAIR AND EQUITABLE GIVEN THAT THIS IS A FREE TRIAL SERVICE.
Customer shall indemnify, defend and hold CenturyLink, its affiliates, and their employees harmless from any and all third party claims, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees, arising from or related to Customer’s resale or use of the Trial Service in violation of Section 8 (Acceptable Use).
Neither party shall, without the prior written consent of the other party, disclose, or use for purposes other than the performance of this Trial Agreement, the Confidential Information of the other party during the Term of this Trial Agreement and for two (2) years following the expiration or termination hereof. “Confidential Information” means any non-public information of the parties hereto relating to its business activities, financial affairs, technology, marketing or sales plans that is disclosed or made available to the other party pursuant to this Trial Agreement and any disclosure, whether written or oral, which a reasonable person under like circumstances would, due to its character and nature, recognize as confidential. Confidential Information includes, but is not limited to, the terms of this Trial Agreement. Confidential Information shall not include information which: (i) is or becomes public knowledge through no breach of this Trial Agreement by the receiving party, (ii) is received by recipient from a third party not under a duty of confidence, (iii) is already known or is independently developed by the receiving party without use of the Confidential Information, or (iv) is required by law to be disclosed. Each party will take all reasonable precautions to protect Confidential Information disclosed or made available to it by the other party, using at least the same standard of care as it uses to maintain the confidentiality of its own Confidential Information.
Nothing in this Trial Agreement or the performance thereof shall convey, license, or otherwise transfer any right, title, or interest in any intellectual property or other proprietary rights held by CenturyLink or its licensors and CenturyLink shall retain at all times all right, title and interest in and to the Trial Service, software, documentation and any other materials or information it discloses or otherwise makes available in connection with this Trial Agreement. CenturyLink’s intellectual property and proprietary rights include any skills, know-how, modifications or other enhancements developed or acquired in the course of configuring, providing, or managing the Trial Service.
Nothing in this Trial Agreement authorizes Customer to use, create or distribute any product or technology derived from the Trial Service or any related software or documentation.
Customer agrees that it will not, directly or indirectly, reverse engineer, decompile, reproduce or otherwise attempt to derive source code, trade secrets, or other intellectual property from any information, material, or technology of CenturyLink or its licensors.
Customer agrees to comply with the terms of any applicable third party software license used in connection with the Service.
In consideration of this Trial Agreement, CenturyLink will have the right to use Customer’s name, trademarks, or other proprietary identifying symbol in any medium for its marketing and publicity activities.
Given that Customer can self-provision and self-configure the Services and the Customer environment in ways that may reduce their security, notwithstanding anything else to the contrary in the Agreement, Customer acknowledges that it and not CenturyLink will be responsible for whether the Services and Customer environment are configured in a secure manner.
This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its principles for resolving conflicts of law.
All notices to CenturyLink required to be given hereunder shall be in writing and deemed given if sent to the addressee specified below either (a) by registered or certified U.S. mail, return receipt requested, postage prepaid, three days after such mailing; or (b) by national overnight courier service, the next business day; and for Customer: by email only per the contact information Customer inputs on the portal.
Savvis Communications Corporation DBA CenturyLink TS
1 Savvis Parkway
St Louis, Missouri 63017
Attn: Legal Department
All provisions in this Agreement, which by their nature are intended to survive expiration or termination, shall so survive. If any term of this Agreement is held unenforceable, the unenforceable term shall be construed as nearly as possible to reflect the original intent of the parties, and the remaining terms shall remain in effect. Neither party’s failure to insist upon strict performance of any provision of this Agreement shall be construed as a waiver of any of its rights hereunder. This Agreement is intended solely for CenturyLink (and its affiliates) and Customer and does not provide any third party with any remedy or other right or privilege. All amendments to this Trial Agreement shall be in writing and signed by the parties. This Trial Agreement constitutes the entire agreement of the parties with respect to the Trial Services and supersedes any other prior or contemporaneous agreement or understandings, whether oral or written, related to the subject matter hereof. The parties have read and agree to the terms of this Trial Agreement.