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Merge pull request #117 from github/minor-change-business-plan-rename-summer-2018
Business plan -> Business Cloud rename
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Policies/github-business-plan-addendum.md renamed to Policies/github-business-cloud-addendum.md

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---
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title: GitHub Business Plan Addendum
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title: GitHub Business Cloud Addendum
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---
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### Business Plan Addendum
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### Business Cloud Addendum
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These are the additional terms for GitHub's Business plan ("Business Plan Terms"). Any capitalized terms not defined in these Business Plan Terms will be defined in the [Terms of Service](/articles/github-terms-of-service/) or the [Corporate Terms of Service](/articles/github-corporate-terms-of-service/). By agreeing to these Business Plan Terms, you also agree to the Terms of Service, as determined by the type of account you have.
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These are the additional terms for GitHub's Business Cloud ("Business Cloud Terms"). Any capitalized terms not defined in these Business Cloud Terms will be defined in the [Terms of Service](/articles/github-terms-of-service/) or the [Corporate Terms of Service](/articles/github-corporate-terms-of-service/). By agreeing to these Business Cloud Terms, you also agree to the Terms of Service, as determined by the type of account you have.
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The Business Plan includes an Organization account, SAML single sign-on, access provisioning, and 24/5 support with an 8-hour response time. This list of features and services is non-exhaustive and may be updated from time to time. For more information, see the [Business Plan page](https://github.com/pricing/business-hosted).
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Business Cloud includes an Organization account, SAML single sign-on, access provisioning, and 24/5 support with an 8-hour response time. This list of features and services is non-exhaustive and may be updated from time to time. For more information, see "[Business Cloud](https://github.com/pricing/business-cloud)."
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### Definitions:
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- Active User: means a user trying to access our Service at the time of an Outage.
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- Customer: person or entity who has purchased a Business plan from GitHub.
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- Eligible User: means an individual who is designated as a member of the Customer's Business plan organization by having their individual GitHub account associated with the Customer's Business plan account.
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- Customer: person or entity who has purchased Business Cloud from GitHub.
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- Eligible User: means an individual who is designated as a member of the Customer's Business Cloud organization by having their individual GitHub account associated with the Customer's Business Cloud account.
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- Essential Services: means the services essential to GitHub's core version control functionality, including features and services such as creating, forking, and cloning repositories; creating, committing, and merging branches; creating, reviewing, and merging pull requests; and, web, API, and Git client interfaces to the core Git workflows. The following are examples of peripheral features and services not included: webhooks, Gists, Pages, or email notifications.
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- Outage: means the interruption of an Essential Service that affects more than 50% of Active Users.
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- Scheduled Downtime: means maintenance or updates to the Service (including to any servers or other hardware required to host the Service), which has been scheduled in advance, during which the Service may be down or inaccessible to Users.
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- Service Credit: a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
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### Business Plan Uptime SLA
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### Business Cloud Uptime SLA
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Program Benefits:
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- We guarantee that the service will have a quarterly Uptime percentage of 99.95%. That means GitHub's Essential Services will not be interrupted by an Outage affecting more than 50% of Active Users, for more than .05% of the quarter.

Policies/github-corporate-terms-of-service.md

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4. "Customer", “You,” and “Your” refer to the company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. Special terms may apply for business or government accounts (See [Section B(7): Additional Terms](#7-additional-terms)).
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5. "User" refers to the individual who has visited or is using the Website or Service on your behalf; that accesses or uses any part of the account on your behalf; or that directs the use of the account in the performance of their functions on your behalf. All Users must be at least 13 years of age. "Other Users" refers to the individuals, not including your Users, who visit or use the Website or Service. “Users” and “Other Users” are collectively referred to as “All Users”.
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6. “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
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7. An "Account" represents your legal relationship with GitHub. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on GitHub. A "Corporate Account" refers to an Account created by a User on behalf of an entity, such as a company, non-profit organization, or group. A Corporate Account may include a Business plan or a Team plan. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.
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7. An "Account" represents your legal relationship with GitHub. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on GitHub. A "Corporate Account" refers to an Account created by a User on behalf of an entity, such as a company, non-profit organization, or group. A Corporate Account may include a Business Cloud subscription or a Team plan. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.
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8. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by All Users. "Your Content" is Content that you create, own, or to which you are the rights holder.
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### B. Account Terms
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If you are a government User or otherwise accessing or using any GitHub Service in a government capacity, this [Government Amendment to GitHub Terms of Service](/articles/amendment-to-github-terms-of-service-applicable-to-u-s-federal-government-users/) applies to you, and you agree to its provisions.
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If you have signed up for a Business Plan, the [Business Plan Addendum](/articles/github-business-plan-addendum/) applies to you, and you agree to its provisions.
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If you have signed up for GitHub Business Cloud, the [Business Cloud Addendum](/articles/github-business-cloud-addendum/) applies to you, and you agree to its provisions.
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### C. Acceptable Use
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**Short version:** *GitHub hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.*
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If you have a dispute with one or more Users, you agree to release GitHub from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, provided that GitHub (i) promptly gives you written notice of the claim, demand, suit or proceeding; (ii) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GitHub of all liability); and (iii) provides to you all reasonable assistance, at your expense.
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#### 2. GitHub’s Indemnification
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We’ll defend or settle, at our option and expense, any third-party claim brought against you to the extent that it’s based on an allegation that GitHub’s service infringes a copyright or misappropriates a trade secret of any third party (each, a “Claim”), and, subject to Section P, above, Limitation of Liability, we’ll pay all damages and costs (including reasonable legal fees) finally awarded by a court of final appeal attributable to such a Claim, provided that you notify us in writing of any such Claim as soon as reasonably practicable and allow us to control, and reasonably cooperate with us in the defense of, any such Claim and related settlement negotiations.
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We’ll defend or settle, at our option and expense, any third-party claim brought against you to the extent that it’s based on an allegation that GitHub’s service infringes a copyright or misappropriates a trade secret of any third party (each, a “Claim”), and, subject to Section O, above, Limitation of Liability, we’ll pay all damages and costs (including reasonable legal fees) finally awarded by a court of final appeal attributable to such a Claim, provided that you notify us in writing of any such Claim as soon as reasonably practicable and allow us to control, and reasonably cooperate with us in the defense of, any such Claim and related settlement negotiations.
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You understand that we’ll have no obligation to indemnify you for any claim (1) if the total aggregate fees received by GitHub with respect to your subscription to the services in the 12 month period immediately preceding the claim is less than US $50,000; (2) if the services are modified by any party other than GitHub, but solely to the extent the alleged infringement is caused by such modification; (3) if the services are used in combination with any services, software, or equipment without prior written authorization by GitHub, but solely to the extent the alleged infringement is caused by such combination; (4) to unauthorized use of the services; (5) to any Claim arising as a result of (y) your Content (or circumstances covered by your indemnification obligations in this Section Q (Release and Indemnification: Customer’s Indemnification)) or (z) any third-party deliverables or components contained with the services; or (6) if you settle or make any admissions with respect to a claim without GitHub’s prior written consent.
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Policies/github-terms-of-service.md

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If you are a government User or otherwise accessing or using any GitHub Service in a government capacity, this [Government Amendment to GitHub Terms of Service](/articles/amendment-to-github-terms-of-service-applicable-to-u-s-federal-government-users/) applies to you, and you agree to its provisions.
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If you have signed up for a Business plan, the [Business Plan Addendum](/articles/github-business-plan-addendum/) applies to you, and you agree to its provisions.
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If you have signed up for GitHub Business Cloud, the [Business Cloud Addendum](/articles/github-business-cloud-addendum/) applies to you, and you agree to its provisions.
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### C. Acceptable Use
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**Short version:** *GitHub hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.*

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