The Cloud Exchange Portal (the "Cloud Portal") is a secure online web portal tool that provides Customer a way to connect with cloud services with other Equinix Cloud Exchange participants, including information about available opportunities and services. It permits Customer to facilitate requests to Equinix to initiate Connection creation and modification, service monitoring, management and testing and also allows registered Customers to purchase Equinix Services and access information about their relationship with Equinix. The specific terms and conditions related to the use of Ethernet Services ordered by Customer on the Cloud Exchange Portal (as well as any terms that are not herein defined) will be as defined in your Master Country Agreement (or similar agreement which governs Customer"s purchase of Equinix's colocation services (such as an MSA) but all are referred to herein as "MCA") between Customer and Equinix and may be further revised by the terms and conditions provided in an applicable Order.
1. Cloud Exchange Portal Access and Use. Customer may access the Cloud Exchange Portal only with an appropriate combination of a user name and password that complies with Equinix's policies (cumulatively, a "Password Combination"). Each Password Combination is specific to an individual and Customer agrees that a Password Combination may not be shared by more than one person. Customer will be responsible for all actions taken and products or services ordered under its Password Combination(s) even if the Password Combination is misused or used by an unauthorized party (collectively "Misuse"). If Customer notifies Equinix of a Misuse and requests termination of an Order resulting from Misuse, Equinix will take reasonable actions to cure the Misuse if Customer pays for all use of any product during the time it is available to Customer and pays all costs and fees associated with actions taken by Equinix, including without limitation third party fees, install fees and deinstallation fees. Further, any Misuse must be reported by Customer to Equinix within thirty (30) days of the date of the original inappropriate action otherwise Equinix is under no obligation to cure it. As the Ethernet Portal is provided as a discretionary option to Customer, without limiting other remedies, Equinix may immediately issue a warning, temporarily or indefinitely suspend, or terminate any individual or Customer's access to the Cloud Exchange Portal at any time in Equinix"s sole discretion. Customer agrees to comply with all applicable laws, statutes, rules and regulations relating to Customer"s use of the Cloud Exchange Portal. The Cloud Exchange Portal and all materials, intangibles, code, look and feel, etc. related thereto is the intellectual property of Equinix. Pursuant to these terms, Equinix grants to Customer a license to display the Cloud Exchange Portal solely for its own internal business use in interacting with Equinix for the purposes of using or procuring the Equinix Services only and for no other purpose. This license is non-exclusive, non-transferable, and revocable at any time by Equinix. Customer acknowledges that the charts and information depicted on the Ethernet Portal may, from time to time, be incomplete or inaccurate and should be considered indicative only. They cannot be used to determine whether service credits are available, as service credit claims must be in compliance with the MCA or applicable Policy.
3. Personal Customer Data. Customer acknowledges and agrees that use of the Cloud Exchange Portal will require submission to Equinix certain personal information including without limitation your profile information. Customer acknowledges and agrees that Equinix, Equinix affiliates in Europe, Asia, the United States and any future locations, and their respective agents (cumulatively the "Equinix Parties") may use, process and/or transfer Personal Customer Data (including intra-group transfers and transfers to entities in countries that do not provide statutory protections for personal information), (i) in connection with the provision of Services, (ii) to incorporate Personal Customer Data into databases controlled by Equinix or Equinix Parties for the purpose of account administration, billing and reconciliation, operational maintenance and support activities, fraud detection and prevention, and customer and market analysis and reporting, and (iii) to communicate to you and our Customers by voice, letter, fax or email regarding products and services of Equinix or Equinix Parties. You may withdraw consent for such use, processing or transfer of Personal Customer Data as set out in (iii) above by sending written notice to Equinix in accordance with the prescribed form, available from Equinix on request, provided that such withdrawal may limit services available to you including your use of the Ethernet Portal. You acknowledge that you have the right to access Personal Customer Data upon written notice and have any agreed errors in such Personal Customer Data rectified. For the purposes of this notice, "Personal Customer Data" shall mean data containing personal and/or private information of you, Equinix's Customer, your agents or employees or any authorized user of the Services (including Sub-Licensees) and its agents or employees, or other similar such data provided to or obtained by Equinix in connection with the Cloud Exchange Portal the provision of Services, and whose use, processing or transfer of such data is regulated by law or regulation as "personal data" where Equinix, Equinix Parties or their respective agents come into possession of such Personal Customer Data.