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If you have purchased Services that will be provided from data centers or other Rackspace facilities located in Hong Kong, then the following terms shall also form part of your Agreement with Rackspace.
1. Governing law
The Agreement is governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and each of us expressly and unconditionally submits to the exclusive jurisdiction of the courts of Hong Kong except that Rackspace may seek to enforce any judgment anywhere in the world where you may have assets. Each of us agrees that it will not bring a claim under the Agreement more than two (2) years after the event giving rise to the claim occurred.
2. Service Level Agreements
The Service Level Agreements described at Section 5 of the Agreement means those conditions and procedures at http://www.rackspace.com.hk/legal/cloud-sla.
3. Hong Kong Acceptable Use Policy
The Acceptable Use Policy at http://www.rackspace.com.hk/legal/cloud-aup is incorporated into the Agreement by this reference and governs your use of any Services provided from Rackspace offices and/or data centers in Hong Kong.
4. Security procedures
The security procedures described at section 2 of the Agreement means those security procedures at http://www.rackspace.com/information/legal/securitypractices.
5. Data protection
You agree that you will comply with the Personal Data (Privacy) Ordinance (Cap. 486 of laws of Hong Kong) (“PDPO”) with respect to all the personal data (as defined by the PDPO) (“Personal Data”) collected, accessed, processed and used by you, and hosted by Rackspace, including making any required notifications to, or obtaining required consents from, third parties in relation to Rackspace hosting Personal Data in connection with the Services.
If Rackspace requests Personal Data from you, you may decline to provide the Personal Data but in that event Rackspace may decline to provide the Service to you.
6. Price index
The price index described in section 8 of the Agreement means the Consumer Price Index as published by the Hong Kong Census and Statistics Department.
The individual who submits an Order for Services warrants and represents that he or she does so on behalf of a business, company or other legal entity and not as a consumer. If the individual placing the Order is a consumer, Rackspace reserves the right to cancel the Order at any time at its sole discretion.
8. Prices applicable to Services
For the avoidance of doubt, any and all prices applicable to the Services are exclusive of tax.
©2014 Rackspace US, Inc.
October 22, 2013 revision