AWS Services – Mandatory End Customer Acceptance

IMPORTANT – PLEASE READ CAREFULLY

By creating an account, submitting an order, or accessing or using any AWS Services provided by PC Connection, Inc., and its subsidiaries PC Connection Sales Corporation, MoreDirect, Inc., and GovConnection, Inc., (collectively, “Distribution Seller”), Customer confirms that it has read, understands, and agrees to be legally bound by the following terms:

1. AWS Services and Governing AWS Terms. Customer acknowledges that the services provided by Distribution Seller include cloud services made available by Amazon Web Services, Inc., or its affiliates (“AWS”). Customer’s access to and use of such services (“AWS Services”) is governed by the AWS Customer Agreement, AWS Service Terms, Acceptable Use Policy and all related policies as updated by AWS from time to time (collectively, the “AWS Terms”) available at: AWS Customer Agreement). Customer agrees to comply with the AWS Terms in all respects.
2. Independent Reseller Relationship. Customer acknowledges that Distribution Seller is an independent reseller of AWS Services, not an agent or representative of AWS; that AWS is not a party to Customer’s agreement with Distribution Seller and has no obligations thereunder; and that AWS Services are provided “as is” solely pursuant to the AWS Terms.
3. Commercial Terms Governed by Distribution Seller. Customer agrees that all pricing, fees, invoicing, payment obligations, credit terms, and taxes for AWS Services are governed solely by Customer’s agreement(s) and ordering documents with Distribution Seller (“Sales Documents”), and are independent of AWS’s performance, availability, or Customer satisfaction.
4. AWS Rights and Direct Interaction. Customer acknowledges that AWS may, in accordance with the AWS Terms: (a) communicate directly with Customer; (b) enforce the AWS Terms directly against Customer; and (c) suspend, limit, terminate, modify, discontinue, or retire AWS Services or features at any time, and that Distribution Seller has no control over AWS’s operations and makes no guarantees regarding service availability, continuity, or functionality.
5. Acceptable Use and Compliance. Customer agrees not to use AWS Services in violation of applicable law, the AWS Acceptable Use Policy, or the AWS Service Terms, and is solely responsible for all activity occurring under its AWS accounts and for all content uploaded, processed, or stored using AWS Services.
6. Data, Privacy, and Third-Party Services. Customer acknowledges and consents to AWS’s collection, processing, and use of account, usage, billing, and other data as described in the AWS Terms, and represents that it has obtained all necessary rights and consents for any data provided to AWS. Customer further acknowledges that certain AWS Services may interoperate with or include third-party services subject to separate terms between Customer and the applicable third-party provider.
7. Suspension, Termination, and Data Loss. Customer acknowledges that AWS may suspend or terminate AWS Services under the AWS Terms independently of Customer’s agreement with Distribution Seller, and that such actions may result in loss of access to data or services. Customer agrees that Distribution Seller shall have no liability for actions taken by AWS in accordance with the AWS Terms. Suspension, termination, or cancellation of AWS Services, including termination of Customer’s relationship with Distribution Seller, does not relieve Customer of its obligation to pay Distribution Reseller for the full term of any order where cancellation or refund is not permitted by AWS.
8. Disclaimer of AWS Performance; Data Responsibility. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) DISTRIBUTION SELLER MAKES NO WARRANTIES OR GUARANTEES REGARDING AWS SERVICES; (b) AWS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” SOLELY UNDER THE AWS TERMS; (c) CUSTOMER IS SOLELY RESPONSIBLE FOR BACKING UP, RETAINING, AND RECOVERING ITS DATA; AND (d) DISTRIBUTION SELLER SHALL NOT BE LIABLE FOR ANY DATA LOSS, SERVICE INTERRUPTION, OR INABILITY TO ACCESS DATA CAUSED BY AWS OR BY SERVICE EXPIRATION OR TERMINATION.
9. Indemnification. Customer shall defend, indemnify, and hold harmless Distribution Seller and its affiliates, officers, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from AWS Services, AWS’s acts or omissions (including suspension or termination), loss of Customer data, or Customer’s violation of the AWS Terms.
10. Priority of Terms. Customer agrees that the AWS Terms govern Customer’s use of AWS Services, while the Sales Documents govern the relationship between Customer and Distribution Seller.