Amazon AWS Licensing Agreement

Sometimes I do not find a place to store a note. This time, and because it may be of interest for long term archiving, I put the Amazon AWS License here for later reference.

Updated March 22, 2007

CONTENTS
Introduction and Definitions
Sections 1-6, and 8-14: Amazon Web Services generally
Section 7: Specific Service Terms
Section 7A: Amazon E-Commerce Service (Amazon ECS)
Section 7B: Amazon Simple Storage Service (Amazon S3)
Section 7C: Amazon Simple Queue Service (Amazon SQS)
Section 7D: Alexa Services
Section 7E: Amazon Elastic Compute Cloud (Amazon EC2)

Amazon Web Services LLC and/or its affiliates provide Amazon Web Services (as defined below) to you subject to the following terms and conditions. You must be 18 years of age, or the applicable age of consent under local law, or older to utilize Amazon Web Services. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AMAZON. CAREFULLY READ ALL TERMS AND CONDITIONS IN THIS AGREEMENT BEFORE CHECKING THE "ACCEPT" BOX ON THE AMAZON WEB SERVICES ACCOUNT CREATION PAGE. BY CHECKING "ACCEPT" AND COMPLETING YOUR ACCOUNT CREATION, YOU ARE REPRESENTING THAT (1) YOU ARE AT LEAST 18 YEARS OLD, OR THE APPLICABLE AGE OF CONSENT UNDER LOCAL LAW, AND (2) HAVE THE AUTHORITY TO BIND YOURSELF OR YOUR COMPANY TO THIS AGREEMENT. If you do not agree, you may decline this Agreement by not checking the "ACCEPT" box on the Amazon Web Services Account Creation Page and discontinuing the account creation process. If you do not agree to these terms and conditions, you will not be able to complete the account creation process or access Amazon Web Services.

"Agreement" means these terms and conditions together with all applicable policies, procedures and/or guidelines, including without limitation the privacy notice, that appear on the Amazon.com website (www.amazon.com) from time to time, which are hereby incorporated by this reference into, and made part of, this Agreement.

This Agreement applies to all Amazon Web Services that you sign up for (each a "Service"). Some Services may have additional or different terms related specifically to such Service only, and are set forth in Section 7 of this Agreement ("Service Terms"). The Service Terms are in addition to the general terms and conditions in this Agreement. If there is any conflict between this Agreement and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in this Agreement may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.

"Amazon" means collectively and individually Amazon Web Services LLC and/or its affiliates, as the context requires. Either Amazon Web Services LLC or one of its affiliates will be the entity providing a specific Service. The applicable entity will be identified on the product detail page for each Service.

"Amazon Web Services" is a set of services which enables the creation of websites and applications that perform various functions and use or incorporate Amazon's e-commerce or other externalized software or data ("Applications"). The term "Amazon Web Services" includes any data, images, text, and content, APIs, tools or other information or materials provided by Amazon through Amazon Web Services (the "Amazon Properties"). Amazon Web Services can be accessed through two interfaces: XML over HTTP or SOAP. Both of these methods return "structured responses." All information you receive from Amazon, and your use of it, is subject to the terms and conditions of this Agreement.

"Content" means, with respect to a Service you have signed up for, any content, data, software, applications, materials, technology or other information that you use or otherwise make available to Amazon or to third parties in connection with your use of such Service.

1. PARTICIPATION

You may use the Amazon Properties received via Amazon Web Services in accordance with the terms and conditions described in this Agreement.

A. General

1) You may write an Application that interfaces with Amazon Web Services.

2) You may make calls at any time that the Amazon Web Services are available, provided that you either: (i) do not exceed 1 call per second per IP address, or send files greater than 40K; or (ii) do not exceed the limits set forth in the Service Terms for a particular Service. If you build and release an Application, the stated limitations apply to each installed copy of the Application.

3) You are responsible for complying, and you represent, warrant and covenant that you will at all times comply, with all applicable laws or regulations of any applicable jurisdiction. You may not, and represent, warrant and covenant that you will not, use Amazon Web Services or your Application: (i) in a manner that infringes, violates or misappropriates any third partys intellectual property rights; (ii) to engage in spamming or other impermissible advertising or marketing activities, or in any manner that otherwise violates anti-spamming laws and regulations; (iii) in a way that is otherwise illegal or promotes illegal activities, including without limitation in any manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.

4) You may not interfere or attempt to interfere in any manner with the functionality or proper working of Amazon Web Services.

5) You agree to provide such additional information and/or other materials related to your Application as reasonably requested by us or our affiliates to verify your compliance with this Agreement. If your Application is available as an online solution, you acknowledge and agree that we (and/or our affiliates) may crawl or otherwise monitor your Application for the purpose of verifying your compliance with this Agreement, and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and/or our affiliates may use technical means to overcome any methods used on your Application to block or interfere with such crawling or monitoring). If your Application is a desktop solution, you agree to furnish a copy of your Application upon request for the purpose of verifying your compliance with this Agreement.

6) You acknowledge and agree that you will not: (i) display or reference on or within your Application, any trademark or logo of any third party seller on the Amazon Website; or (ii) modify or alter any Amazon Property that consists of a graphic image, other than to resize it.

7) You may not compile or use the Amazon Properties or any other information obtained through Amazon Web Services for the purpose of direct marketing, spamming, contacting sellers or customers, or any other use which is specifically prohibited by this Agreement.

8) If your Application is determined (for any reason or no reason at all, in our sole discretion) to be unsuitable for Amazon Web Services, we may suspend your access to Amazon Web Services or terminate this Agreement at any time, without notice.

B. Display

1) You may display the Amazon Properties in any format you choose, subject to the terms and conditions contained in this Agreement.

2) You may edit the Amazon Properties that consist of text content only to shorten their length. You cannot add additional information to the Amazon Properties, for instance by inserting words into a customer review or supplementing a wish list or Listmania ® list with new items.

3) You may not remove, obscure, or alter any notice of patent, copyright, trademark, logo or other proprietary right appearing on or contained within Amazon Web Services or within any Amazon Properties.

4) If you display any Amazon Properties within your Application, you must add the following disclaimer in a place that is reasonably viewable by the user of your Application: "PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THIS APPLICATION COMES FROM AMAZON WEB SERVICES. ALL SUCH CONTENT IS PROVIDED TO YOU "AS IS." THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME."

5) You may not continue to use, and must immediately remove from your Application and any personal database or server (or any other repository in your possession or under your control), any Amazon Properties that return a null value when an Amazon Web Services call is made or that we notify you are no longer available for use.

6) You may not store any Amazon Properties in any database, or network of servers, or other repository, either with or without a central location, which enables others to share the Amazon Properties without our prior written consent.

If you are unsure of whether what you wish to do is permitted under this Agreement, please contact aws@amazon.com.

2. Service Fees

We reserve the right to charge a fee for any Service at any time in our sole discretion. If we do charge a fee for a Service you do not have any obligation to continue such Service. However, if you do: (i) we reserve the right to specify the manner in which you will be charged: and (ii) any and all fees payable by you pursuant to this Agreement are expressed exclusive of all taxes and duties, including Value Added Tax ("VAT") or any similar applicable sales tax. In addition to such fees payable, you will pay any sales, use, value-added or import taxes, customs duties or similar taxes that may be assessed by any state and/or jurisdiction (collectively, "Taxes") that Amazon is legally required to charge on the applicable fees under this Agreement. If requested to do so by Amazon, or as otherwise required by applicable law, you will supply your VAT identification number to Amazon. We may also change the fees or fee structure for any Service, as reflected in the applicable Service detail page, and you will not have any obligation to continue such Service.

All amounts payable by you under this Agreement will be made without set-off or counterclaim, and without deduction or withholding for, or on account of, any present or future Taxes. If any such deduction or withholding is so required, you will: (i) pay such additional amounts as may be necessary in order that the net amount that Amazon receives, after such deduction or withholding (including deduction or withholding with respect to additional amounts) will equal the amount that Amazon would have received if no such deduction or withholding had been required; (ii) make such deduction or withholding; and (iii) pay the full amount deducted or withheld to the relevant taxation authority in accordance with applicable Law and forthwith after payment furnish Amazon with a receipt evidencing such payment.

If we charge for a Service, the fees and any additional payment terms will be stated in the specific Service detail page for such Service.

3. OWNERSHIP

You retain all intellectual property rights you may have in the Applications you create which are based on or utilize Amazon Web Services (subject to Amazon's underlying rights in Amazon Web Services). You hereby release and covenant not to sue Amazon or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims: (i) pertaining to your Applications, or any intellectual property you develop that is based on, uses, or relates to Amazon Web Services; and/or (ii) which otherwise may arise in connection with your use of, reliance on, or reference to Amazon Web Services. Amazon, our affiliates and our applicable licensors retain all intellectual property rights (including all worldwide patent, trademark, copyright, and other proprietary rights) in and to Amazon Web Services and the Amazon Properties, and any derivative works created by or for Amazon pursuant to any Beta Test program outlined in Section 6 below. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE HEREBY RESERVED BY AMAZON, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS.

We disclaim all liability, and you will be solely responsible for, the development, operation, and maintenance of your Application and for all materials that appear on or within your Application. For example, you will be solely responsible for:

* the technical operation of your Application and all related equipment
* creating and posting product descriptions on your site and linking those descriptions to our catalog
* the accuracy and appropriateness of materials posted on or within your Application (including, among other things, all product-related materials)
* ensuring that materials posted on or within your Application do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
* ensuring that materials posted on your site are not libelous or otherwise illegal
* ensuring that your Application accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers
* any of your users' or customers' claims relating to your Application and/or Amazon Web Services.

4. IDENTIFYING YOURSELF AS A USER OF AMAZON WEB SERVICES AND USE OF AMAZON TRADEMARKS

You may generally publicize your use of Amazon Web Services, however you may not issue any press release with respect to Amazon Web Services or this Agreement without our prior written consent. We may make available to you certain small graphic images, trademarks, trade names, service marks or logos owned or licensed by Amazon or its affiliates ("Marks") that you may use in conjunction with the display of the Amazon Properties and for the purpose of indicating that your Application was creating using Amazon Web Services. You may not use the Marks in any manner that disparages Amazon, its affiliates or its licensors, or that otherwise dilutes the Mark. Other than your limited right to use the Marks as provided in this Agreement, Amazon, its affiliates and their licensors retain all right, title and interest in and to the Marks. You will not at any time now or in the future challenge or assist others to challenge the validity of the Marks, or attempt to register confusingly similar trademarks, trade names, service marks or logos. You agree to follow our Trademark Guidelines as those guidelines may change from time to time. You must immediately discontinue use of any Mark as specified by us at any time in writing. We may modify any Marks provided to you at any time, and upon notice, you will use only the modified Marks and not the old Marks. Other than as specified in this Agreement, you may not use any trademark, service mark, trade name or other business identifier of Amazon or its affiliates or third parties that sell products on the Amazon Website unless you obtain Amazon's and any applicable third party's prior written consent. The foregoing prohibition includes the use of "amazon," any other trademark of Amazon or its affiliates, or variations or misspellings of any of them, in the name of an Application or in a URL to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.) -- for example, a URL such as "amazon.mydomain.com", "amaozn.com" or "amazonauctions.net" are expressly prohibited. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or state or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by statement or implying that Amazon, its affiliates or any third party that sells any products or services on the Amazon Website supports, sponsors, endorses, or contributes money to you or your business endeavors).

5. ACCOUNT IDENTIFIERS

Unless otherwise stated in specific Service Terms, you may only create one account per email address. Amazon Web Services accounts are associated with one or more public key/private key pairs, which are used to access the service. Examples include an Amazon-issued Access Key ID string (as a public key) and an Amazon-issued Secret Access Key string (as a private key), or an X.509 certificate (as a public key) and its corresponding private key. When you complete the account creation process, you will be issued unique Account Identifiers, and may add a public key to your account. Account Identifiers (i) identify your account and (ii) allow you to make requests to Amazon Web Services. The Account Number is immutable and will always uniquely identify your AWS account. Public key/private key pairs are unique to your account and are subject to change. Private keys are for your personal use only and you may not sell, transfer, sublicense or otherwise disclose your private key to any other party. You may use your public key in the open in requests to Amazon Web Services; your public key is therefore not secret. However, you are responsible for maintaining the secrecy of your private key. You are fully responsible for all activities that occur under your Account Identifiers. Therefore, you should contact Amazon immediately if you believe a third party may be using your private key, or if your private key is otherwise lost or stolen. You are responsible for maintaining up-to-date and accurate information (including without limitation valid contact information) with respect to Your Amazon Web Services account. Amazon and its affiliates are not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any Content or other data which you submit in connection with your account.

6. BETA TESTING

From time to time Amazon may conduct open beta tests (each a "Beta Test") of new versions of Amazon Web Services (each a "Beta Test Product"). If you choose to register for a Beta Test, your participation is subject to the following additional terms:

* You understand that the overall design of the Beta Test Product could change throughout the course of the Beta Test and that Amazon reserves the right to change or withdraw the Beta Test Product, discontinue the Beta Test, revoke your license to the Beta Test, or release the Beta Test Product as a final version at any time in its sole discretion.
* You agree to record and report all problems, issues, ideas, feedback and suggestions for enhancements to the Beta Test Product ("Feedback") to Amazon on a timely basis to the email address that will be provided to you along with the beta testing materials, and during the Beta Test period, you will not speak to the press regarding the Beta Test or the Beta Test Product, without our prior written consent.
* You hereby assign all right title and interest in and to your Feedback to Amazon and/or its affiliates, as applicable, and acknowledge that Amazon and/or its affiliates have the unrestricted right to use and exploit such Feedback in any manner, with or without attribution, and without compensation or any duty to account to you for such use.
* You agree that any Applications you build and release based on the Beta Test Product during the Beta Test will be labeled as "beta".

7. Specific Service Terms

A. Amazon E-Commerce Service ("Amazon ECS")

The E-Commerce Service ("Amazon ECS") is made available to you automatically when you create an account with Amazon Web Services. Amazon ECS provides structured responses (product name, manufacturer, price, etc.) about products available at www.amazon.com, www.amazon.ca, www.amazon.co.jp, www.amazon.de, www.amazon.fr, and/or www.amazon.co.uk (collectively, the "Amazon Website"), based on parameters such as keyword search terms and browse tree nodes. The following terms in this Section 7a are specific to Amazon ECS only:

1) There is certain information that may not be available to you through Amazon ECS unless you are either: (i) a seller on the Amazon Website and are using that data for the purposes of competitively pricing your products to be sold via the Amazon Website; or (ii) an authorized participant in the Amazon Services Associates program and are using that data for the purposes of merchandising Amazon products on or within your Application.

2) You must either: (i) link each of the Amazon Properties that is displayed on or within your Application to: (a) a product detail page of the Amazon Website, or (b) any other page of the Amazon Website, including the Amazon homepage; or (ii) if your Application does not support the concept of linking, otherwise provide your users with a method to visit the Amazon Website in conjunction with any use of any Amazon Properties.

3) You may not link any of the Amazon Properties presented on or within your Application: (i) to any commercial page of a website other than the Amazon Website; or (ii) in conjunction with any Amazon Property, direct traffic to any commercial page of a website other than the Amazon Website.

4) If you have complied with the linking obligations in Sections 2 and 3, You may have links within other areas of your Application (ie: that are not Amazon Properties) to websites other than the Amazon Website, but you may not use an Amazon Property to link to such other websites.

5) You may not sell, resell, redistribute, sublicense or transfer all or any portion of the Amazon Properties, or Applications that are built using Amazon ECS. If you wish to sell, resell, redistribute, sublicense or transfer any Amazon Properties in connection with your Application (including displaying the Amazon Properties in connection with an Application for which you are charging a fee), or Applications that are built using Amazon ECS you must contact us at aws@amazon.com for prior approval.

6) You may store Amazon Properties generally (other than pricing or availability information) for caching purposes for up to 24 hours, however, you may store the following Amazon Properties for caching purposes for up to 1 month:

URL ASIN Product Name Catalog
Artists Authors MPN Starring
ISBN Directors Manufacturer Media
Distributor Release Date Publisher Num Media
UPC Reading Level Theatrical Release Date Platforms
MpaaRating EsrbRating AgeGroup Encoding

You specifically acknowledge and agree that at any time Amazon may direct you to delete any of the above Amazon Properties and you will promptly comply with any such direction.

7) You must refresh and re-display any Amazon Properties (other than pricing or availability information) at least once every 24 hours or 1 month, as applicable, by making a call to Amazon Web Services and refreshing your Application's contents immediately after the call.

8) If you display pricing or availability information on or within your Application, you must refresh the information by making a call to Amazon Web Services at least once every 24 hours and re-display the information and refresh your Application's contents immediately after the call.

9) If you choose to make a call to Amazon Web Services less frequently than hourly, you must include a time/date stamp adjacent to the pricing or availability information. (If the pricing or availability information being displayed was requested on the current day, you may omit the date portion of the stamp.) Additionally, you must include the following disclaimer either adjacent to the pricing or availability information, or provide it via a hyperlink, popup box, scripted popup, or other similar method: "Price is accurate as of the date/time indicated. Prices and product availability are subject to change. Any price displayed on the Amazon website at the time of purchase will govern the sale of this product." Examples of acceptable messaging include:

Amazon.com Price: $32.77 (as of 01/07/2004 14:11 PST - Details)

Amazon.com Price: $32.77 (as of 14:11 PST - More info)

In the above examples, "Details" and "More info" would provide a method for the user to read the disclaimer.

10) If you create a handheld or other mobile Application, instead of displaying the time/date stamp and disclaimer next to the pricing or availability information, you may show that information in a dialog box each time the Application is started.

11) You may provide text, images, reviews and other informational content ("Amazon ECS Content") about a product to Amazon. If you do so, you hereby grant to Amazon a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable right and license to: (i) use, reproduce, perform, display and distribute the Amazon ECS Content in any manner; (ii) adapt, modify, re-format and create derivative works of the Amazon ECS Content for any purpose;(iii) use and publish your name in the form of a credit in conjunction with the Amazon ECS Content; and (iv) sublicense the foregoing rights to its affiliates or any third parties. Additionally, you represent and warrant that: (a) the Amazon ECS Content is your original work or you obtained the Amazon ECS Content in a lawful manner, and (b) Amazon's and its sublicensees' use of the Amazon ECS Content as specified above will not violate any third party's rights, including but not limited to copyright rights. Amazon reserves the right, but is not obligated, to use and publish your name in the form of a credit in conjunction with the Amazon ECS Content you supply to Amazon, and by supplying any Amazon ECS Content, you grant Amazon the irrevocable right to do so.

12) We reserve the right to terminate your access to Amazon ECS at any time, in our sole discretion.

B. Amazon Simple Storage Service (Amazon S3)

The following terms in this Section 7B are specific to Amazon S3 only:

1) You may use Amazon S3 to store, retrieve, run, and/or operate software applications and/or data owned or lawfully obtained by you ("Your S3 Content"). You acknowledge that neither Amazon nor its affiliates are responsible in any manner, and you are solely responsible, for Your S3 Content. While we may track information regarding your usage of Amazon S3, we will not disclose, sell or license Your S3 Content, except as may be necessary to comply with subpoenas, court orders, or other legal requirements.

2) The limitation of 1 call/per second/per IP address set forth in Section 1.A.2 above is not applicable to Your use of Amazon S3. You may not, however, store "objects" (as described in the user documentation) that contain more than 5 Gigabytes of data, or own more than 100 "buckets" (as described in the user documentation) at any one time.

3) In consideration of your use of Amazon S3, you agree to pay the amounts set forth on the Amazon S3 Service Sign Up Confirmation Page.

4) You represent and warrant that: (i) Your S3 Content does not infringe or violate any rights of any other person or entity; (ii) Your S3 Content is not obscene, libelous, defamatory or otherwise malicious or harmful to any person or entity; (iii) you will not use Amazon S3 to engage in spamming or other impermissible advertising or marketing activities; (iv) you will not use Amazon S3 in any way that is otherwise illegal or promotes illegal activities, including without limitation in any manner that might be discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.

C. Amazon Simple Queue Service (Amazon SQS)

The following terms in this Section 7C are specific to SQS only:

1) You may use Amazon SQS in connection with data owned or lawfully obtained by you ("Your SQS Content"). You acknowledge that neither Amazon nor its affiliates are responsible in any manner, and you are solely responsible, for Your SQS Content. While we may track information regarding your usage of Amazon SQS, we will not disclose, sell or license Your SQS Content, except as may be necessary to comply with subpoenas, court orders, or other legal requirements.

2) The limitation of 1 call/per second/per IP address set forth in Section 1.A.2 above is not applicable to Your use of Amazon SQS.

3) In consideration of your use of Amazon SQS, you agree to pay the amounts set forth on the Amazon SQS Service Sign Up Confirmation Page.

4) You represent and warrant that: (i) Your SQS Content does not infringe or violate any rights of any other person or entity; (ii) Your SQS Content is not obscene, libelous, defamatory or otherwise malicious or harmful to any person or entity; (iii) you will not use Amazon SQS to engage in spamming or other impermissible advertising or marketing activities; (iv) you will not use Amazon SQS in any way that is otherwise illegal or promotes illegal activities, including without limitation in any manner that might be discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.

5) We will not be liable for deleting any of Your SQS Content that sits in a queue more than fifteen (15) days (or other time period specified in the user documentation).

D. Alexa Services

The following terms in this Section 7D are specific to the Alexa Web Information Service, Alexa Top Sites, Alexa Web Search, and Alexa Site Thumbnail (collectively, "Alexa Services") only:

1) The limitation of 1 call/per second/per IP address set forth in Section 1.A.2 above is not applicable to calls you make to the Alexa Services.

2) You may cache the data you access via the Alexa Services for up to 24 hours.

3) In consideration of your use of any Alexa Service, you agree to pay the amounts set forth on the Sign Up Confirmation Page for that Alexa Service.

4) For the Alexa Site Thumbnail Service, thumbnail images may not be available for all URLs and the images in the Alexa Site Thumbnail Service database may not reflect the most recent and accurate URLs as they actually appear at any given time on the Internet.

5) Amazon does not make any representation or warranty, and hereby disclaims any liability, with respect to the content, materials, thumbnail images or other information contained in any Alexa Service.

E. Amazon Elastic Compute Cloud (Amazon EC2)

The following terms in this Section 7E are specific to Amazon EC2 only:

1) You may use Amazon EC2 to execute Applications (as defined in the definitions section above) owned or lawfully obtained by you. You are solely responsible, for your Applications, including any data, text, images or content contained therein. While we may track information regarding your usage of Amazon EC2, we will not disclose, your Applications, except as: (i) you expressly authorize us to do in connection with your participation in other services that may be offered by Amazon or its affiliates; or (ii) may be necessary to comply with subpoenas, court orders, or other legal requirements.

2) The limitation of 1 call/per second/per IP address set forth in Section 1.A.2 above is not applicable to calls you make to your Applications running within Amazon EC2.

3) In consideration of your use of Amazon EC2, you agree to pay the amounts set forth on the Amazon EC2 Service Sign Up Confirmation Page.

4) EC2 Acceptable Use Policy

Introduction

This document is our Acceptable Use Policy. You are expected to adhere to it and to all of the terms of the Web Services License Agreement. The purpose of this Acceptable Use Policy is to highlight specific examples of unacceptable uses of the EC2 service. The Acceptable Use Policy does not limit your obligations under the Web Services License Agreement, and to the extent there is any conflict between the Web Services License Agreement and this Acceptable Use Policy, the Web Services License Agreement governs.

Note: You are personally responsible for all applications running on and traffic originating from the instances you initiate within EC2. As such, you should protect your authentication keys and security credentials:
http://aws-portal.amazon.com/gp/aws/developer/account/index....
Actions taken using your credentials are assumed to be fully authorized by you.

The uses presented below are presented by way of example only and should not be interpreted as an exhaustive list of prohibitions.

This Policy is subject to change and may be modified or updated at any time.

Email

Electronic Communications must adhere to all applicable laws. The following are strictly prohibited:

* Sending of Spam/Unsolicited email including:
* Pyramid schemes
* Chain letters
* Any mail in contravention of the CAN SPAM Act of 2003 or other applicable state or federal laws.
* Forgery: Altering or obscuring mail headers or assuming the identity of a sender without the explicit permission of that sender.

Network

You may make network connections from EC2 hosted servers to other hosts only with the permission and authorization of the destination hosts and networks. Examples of unacceptable network traffic include:

* Unauthorized probes & port scans for vulnerabilities
* Unauthorized penetration tests, circumventing authentication systems or other unauthorized attempts to gain entry into any systems
* Web crawling should be restricted to a rate so as not to impair or otherwise disrupt the servers being crawled
* Unauthorized network monitoring or packet capture
* Forged or non-standard protocol headers, such as altering source addresses etc
* Flooding
* Denial of Service (DoS) of any kind

You may not operate Network Services such as:

* Open proxies
* Open mail relays
* Open, recursive domain name servers

Services and Applications

The EC2 servers are hosted in and are subject to all applicable laws of the United States and other applicable local laws. You are responsible for maintaining licenses and adhering to the license terms of any software you run. Certain services are prohibited and you may not operate a site or service that:

* Constitutes or permits gambling;
* Includes, promotes or facilitates child pornography
* Engages in deceptive practices such as posing as another service for the purposes of:
* Phishing
* Pharming
* Distributes, shares or facilitates the distribution of:
* Unauthorized data
* Malware
* Viruses
* Trojan horses
* Worms
* Violates the intellectual property rights of others.
* Constitutes or facilitates the illegal export of any controlled or otherwise restricted items, including without limitation, software, algorithms or other data that is subject to export laws.

Consequences

Failure to adhere to the Acceptable Use Policy constitutes a breach of the Web Services License Agreement and may result in your account being subject to immediate suspension or termination.

In the event of a complaint we may disable network access to all your running instances and attempt to contact you via your primary email address. If no response is received within 24 hours we may terminate your instances and suspend your account. You are responsible for all usage charges while your instances are running regardless of network access.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

AMAZON WEB SERVICES ARE PROVIDED BY AMAZON ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO AMAZON WEB SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF AMAZON WEB SERVICES IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AMAZON DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. AMAZON DOES NOT WARRANT THAT AMAZON WEB SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION OR THAT THE DATA YOU STORE IN ANY SERVICE ACCOUNT WILL NOT BE LOST OR DAMAGED.

AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, AMAZON WEB SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST DATA, BUSINESS OR ANTICIPATED PROFITS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIMIT AMAZON'S LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF AMAZON OR OF ITS EMPLOYEES, AGENTS OR AUTHORIZED REPRESENTATIVES.

9. INDEMNIFICATION

You agree to indemnify, and hold harmless Amazon and its affiliates, and each of their respective employees, directors and representatives, from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") which in any way arise out of or are related to: (i) your use of Amazon Web Services or the Amazon Properties; or (ii) your Application or your Content, including but not limited to any infringement of any third-party rights; and (iii) your violation of any term or condition of this Agreement. At Amazon's option, you will assume control of the defense and settlement of any Claim subject to indemnification by you (provided that, in such event, Amazon may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you may not settle any such Claim without Amazon's prior written consent).

10. APPLICABLE LAW AND ARBITRATION

By using Amazon Web Services, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Amazon. Any dispute relating in any way to your use of Amazon Web Services will be submitted to confidential arbitration in Seattle, Washington, except that in any case, we may seek injunctive or other appropriate relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Amazon's or any third party's intellectual property and/or proprietary rights (and you hereby irrevocably consent to nonexclusive jurisdiction and venue of the state and federal courts of Washington State with respect to any such matters). Arbitration under this Agreement will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to this Agreement.

11. TERMINATION

You may terminate this Agreement by ceasing to use Amazon Web Services. We reserve the right to terminate this Agreement (and/or your account) or your access to any individual or all Services provided under this Agreement, and to delete your Content or Applications: (i) if you breach any term or condition in this Agreement and you do not cure such breach to our satisfaction within sixty (60) days after we give you notice of the breach; or (ii) immediately if we are compelled by court order or otherwise discover any use of Amazon Web Services by you that in our reasonable discretion presents a security risk or that might be the subject of a legal claim or dispute. We further reserve the right to discontinue Amazon Web Services, any Services, or any portion or feature thereof for any reason and at any time in our sole discretion. Upon any termination or notice of any discontinuance, you must immediately stop your use of the applicable Service(s), and delete all Amazon Properties in your possession or control (including from your Application and your servers). Sections 3, 5, 8 - 12, any definitions that are necessary to give effect to the foregoing provisions, and any payment obligations will survive any termination of this Agreement and will continue to bind you and us in accordance with their terms.

12. GENERAL PROVISIONS

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Amazon Website. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO STOP USING AMAZON WEB SERVICES OR THE APPLICABLE SERVICE(S). YOUR CONTINUED USE OF AMAZON WEB SERVICES OR THE APPLICABLE SERVICE(S) FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE. No modification of this Agreement other than as provided above will be binding on Amazon unless set forth in a writing signed by both parties. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon Amazon's request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement shall remain in full force and effect. The failure by Amazon to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of Amazon to enforce such provision thereafter. This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. This Agreement, and policies and guidelines posted on the Amazon Website, constitutes the entire agreement between you and Amazon regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and Amazon, whether written or oral, regarding such subject matter. Each of Amazon's affiliates are express and intended third party beneficiaries of this Agreement and my enforce any of its terms and exercise any of the rights to the same extent as Amazon. Nothing in this Agreement is intended to or does create any type of joint venture, partnership or employer/employee relationship between you and Amazon or its affiliates. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.

13. EXPORT CONTROLS

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control in connection with your use of any Service. Specifically, you acknowledge and understand that Content that you upload, store, manage, or transfer using Amazon Web Services, may be subject to U.S. export control laws and regulations. You hereby certify that you will not -- directly or indirectly -- sell, export, re-export, transfer, divert, or otherwise dispose of any Content to any country (or national thereof) without obtaining any required prior authorizations from the appropriate government authorities.

You may not use any Service (i) to transfer any item to parties who are in U.S. sanctioned countries or identified on restricted government lists, including the Denied Persons List, the List of Specially Designated Nationals, or the Entity List, or (ii) for any military, nuclear, chemical, or biological weaponry use.

14. COMMUNICATIONS

For any questions regarding this Agreement or Amazon Web Services, you can contact us at aws@amazon.com.

OUR ADDRESS:

Amazon Web Services LLC
1200 12th Avenue South
Seattle, WA 98144-2734

(c) 2002-2006 Amazon Web Services LLC and/or its affiliates