Table of Contents
General Terms and Conditions PAGEREF _Toc269042490 \h 3
Statement of Intent PAGEREF _Toc269042491 \h 3
Objective. PAGEREF _Toc269042492 \h 3
Parts of this Agreement PAGEREF _Toc269042493 \h 3
Acceptance of the Terms PAGEREF _Toc269042494 \h 3
Description of Service. PAGEREF _Toc269042495 \h 3
Subscription to Beta Service. PAGEREF _Toc269042496 \h 4
User Sign up Obligations PAGEREF _Toc269042497 \h 4
Personal Information and Privacy. PAGEREF _Toc269042498 \h 4
Communications from Accomtec. PAGEREF _Toc269042499 \h 4
Fees and Payments PAGEREF _Toc269042500 \h 4
Restrictions on Use. PAGEREF _Toc269042501 \h 5
Spamming and Illegal Activities PAGEREF _Toc269042502 \h 5
Inactive User Accounts Policy. PAGEREF _Toc269042503 \h 5
Data Ownership.. PAGEREF _Toc269042504 \h 5
User Generated Content PAGEREF _Toc269042505 \h 5
Contacting Technical Support PAGEREF _Toc269042506 \h 6
Security. PAGEREF _Toc269042507 \h 6
Sample files and Applications PAGEREF _Toc269042508 \h 6
Trademark. PAGEREF _Toc269042509 \h 6
Disclaimer of Warranties PAGEREF _Toc269042510 \h 6
Limitation of Liability. PAGEREF _Toc269042511 \h 6
Indemnification. PAGEREF _Toc269042512 \h 7
Arbitration. PAGEREF _Toc269042513 \h 7
Entire Agreement PAGEREF _Toc269042514 \h 7
Hosted Services PAGEREF _Toc269042515 \h 7
Accomtec Backup.. PAGEREF _Toc269042516 \h 7
The provision of remote backup center PAGEREF _Toc269042517 \h 7
Backup data to the remote backup center PAGEREF _Toc269042518 \h 7
Backup Activities Reporting. PAGEREF _Toc269042519 \h 8
Software Upgrades PAGEREF _Toc269042520 \h 8
Backup Seeds PAGEREF _Toc269042521 \h 8
Hosted Microsoft Exchange Services PAGEREF _Toc269042522 \h 8
Provision of Microsoft Exchange Server PAGEREF _Toc269042523 \h 8
Microsoft Outlook. PAGEREF _Toc269042524 \h 8
Connection to Exchange Services PAGEREF _Toc269042525 \h 8
Hosted Remote Desktop Services (Remote Desktop connection) PAGEREF _Toc269042526 \h 8
Service Classifications PAGEREF _Toc269042527 \h 9
What is Remote Desktop Computing?. PAGEREF _Toc269042528 \h 9
Connect From Any Where, At Any Time. PAGEREF _Toc269042529 \h 9
Centralized Management and Support PAGEREF _Toc269042530 \h 9
Security. PAGEREF _Toc269042531 \h 10
Domain Name Registration and Domain Name Service. PAGEREF _Toc269042532 \h 10
The provision of Domain Name Registration. PAGEREF _Toc269042533 \h 10
Domain Name Registration. PAGEREF _Toc269042534 \h 10
WHOIS Privacy. PAGEREF _Toc269042535 \h 10
Service Standard.. PAGEREF _Toc269042536 \h 10
Availability of the Services PAGEREF _Toc269042537 \h 10
Scheduled maintenance. PAGEREF _Toc269042538 \h 10
Acceptable resolution time guideline. PAGEREF _Toc269042539 \h 11
Guaranteed response time. PAGEREF _Toc269042540 \h 11
Escalation of problems PAGEREF _Toc269042541 \h 11
Exceptions PAGEREF _Toc269042542 \h 11
Changes to Services Level Agreement PAGEREF _Toc269042543 \h 12
Procedure for changes PAGEREF _Toc269042544 \h 12
Changes by mutual agreement PAGEREF _Toc269042545 \h 12
Modification of Terms of Service. PAGEREF _Toc269042546 \h 12
Suspension and Termination. PAGEREF _Toc269042547 \h 12
Software Terms of Use. PAGEREF _Toc269042548 \h 12
Hosted Services - Service Level Agreement
The purpose of this Service Agreement is to formalize an arrangement between Accomplished Technologies LLC ("Accomtec") and the customer ("Customer"), for the provision of services by Accomtec to the customer, thereby ensuring a safe, robust and high quality of service is maintained throughout the service period. This agreement is contingent upon each party knowing and fulfilling their responsibilities and generating an environment conducive to the achievement and maintenance of targeted service levels.
To create an environment which is conducive to a co-operative relationship between Accomtec and the customer to ensure a safe, robust and high quality service is delivered and maintained throughout the entire service period
· To document the responsibilities of all parties taking part in the Agreement
· To define the commencement of the agreement, its initial term and the provision for reviews
· To provide a common understanding of service requirements/capabilities and of the principals involved in the measurement of service levels
· To provide for all parties to the Service Agreement a single, easily referenced document which caters for all objectives as listed above
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
We provide an array of services for online collaboration and management including word processor, spreadsheet, presentation tool, database application creator, email client, chat client, organizer, customer relationship management application and project management application ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Accomtec will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Accomtec has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Accomtec may terminate your user account and refuse current or future use of any or all of the Services.
Personal information you provide to Accomtec through the Service is governed by Accomtec Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Accomtec Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to accounts@accomtec.com or by calling us on any of the numbers listed on http://www.accomtec.com/network_computer.asp?mid=66. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
The Service may include certain communications from Accomtec, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Subscriptions to paid Services are available on monthly and yearly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. Accomtec reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and backup of your data by email. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Accomtec the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Accomtec’s commercial, marketing or any similar purpose. But you grant Accomtec permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Accomtec will have the right to block access to or remove such content made available by you, if Accomtec receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Accomtec for this purpose.
Accomtec will issue the customer a dedicated telephone number to call and support email address when assistance is required. Accomtec will make sure that a technical support representative will be available during support hours to take the customer's call or to respond to voice messages. Support hours are Mon-Fri 09:00 am – 5:00 pm. Support website is http://servicedesk.accomtec.com Support phone number: 407-756-1170 Support email address: servicedesk@accomtec.com
In addition, the Subscriber will provide a single point of contact that is authorized on the account.
Accomtec will provide a secure method for backing up data to the remote data center. Accomtec OBS encrypts all data that is sent to the remote data center. The data can only be recovered with the appropriate encryption password. It is up to Accomtec whether to share this password with the customer. Accomtec never views the contents of files, unless working directly with the customer.
Accomtec may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Accomtec makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Accomtec, Accomtec logo, the names of individual Services and their logos are trademarks of Accomplished Technologies LLC. You agree not to display or use, in any manner, the Accomtec trademarks, without Accomtec’s prior permission.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ACCOMTEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCOMTEC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ACCOMTEC, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT ACCOMTEC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ACCOMTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ACCOMTEC RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL ACCOMTEC’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Accomtec, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Accomtec.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Florida and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Accomtec may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
This Agreement is intended as the complete statement of the terms of the agreement between the Company and the Service Accomtec relating to subject matter hereof. This agreement supersedes all previous proposals, oral and written, and all negotiations, conversations or discussions heretofore had between the parties relating to this Agreement.
This section describes in details the service specific terms of services available to be delivered to the customer by Accomtec.
The core part of the service is the provision of a remote backup center to where the customer can backup their data. This remote backup center will be located inside a secure data center where all standard data center facilities, including redundancy and backup power supply, 24-hour professional monitoring & surveillance and controlled access to the premises, are provided. Accomtec will setup a primary backup server inside the backup center to provide online backup services to the customer. The primary backup server will use a Redundant Array of Independent Disks (RAID) system to introduce redundancy to the data storage system. To provide an extra level of protection, the customer’s backup data stored on the primary backup server will be replicated to another independent secondary backup server (also utilizing RAID). In the event when the primary backup server goes down or becomes unavailable for whatever reasons, there is always a secondary backup server available to pick up the primary server’s role. Customer’s backup data are still inside the remote backup center.
To backup data stored inside a computer to the remote backup center mentioned above, the backup software, Accomtec Online Backup Manager (hereinafter, Accomtec OBM), must be installed to the computer. The customer will install Accomtec OBM onto all computers that contain data to be backed up and the customer will setup Accomtec OBM to backup the required data to the remote backup center. The customer will choose a password that will be used to access Accomtec OBM and also to encrypt all data before being sent to the remote backup center. The customer is responsible for remembering this password. The encryption password is required to restore data. The encryption password applies to the data that is backed up at that given time; if the customer changes the password then multiple password(s) may be required to restore data. The customer can change the data retention policy to dictate how long to keep files that have been changed, deleted, or removed. The default retention policy is seven (7) days. The customer can use the scheduling feature of Accomtec OBM to schedule backups to run unattended. After Accomtec OBM has been setup correctly, Accomtec OBM will backup Customer’s data to the remote backup center automatically.
For each completed backup job, the backup server will send a backup report, with a detailed listing of all files that have been backed up within the backup job, to the customer’s designated point of contact by email. This report will show all unexpected errors encountered during the backup operation. If any error has happened to the backup operation, the customer will be notified of this problem in a timely manner and will be able to correct the problem in due course. Also, if a scheduled backup job has not been run as scheduled at the scheduled time, a missed backup report will be sent to the customer’s designated point of contact by email to report this problem. The customer is responsible for its own network functionality and internet connection. The computer(s) that run Accomtec OBM must be on (not in standby) and connected to the internet in order for a backup to take place. The backup services are not intended to be a comprehensive disaster recovery solution. Except as set forth in this SLA, Accomtec makes no claims regarding the availability or performance of the backup services.
Software upgrades fix problems and provide enhancements to the backup services. When a software upgrade becomes available, the customer will be notified by email or via the support web site. The notice includes a description of the upgrade and procedures on how to install the upgrade. The customer should read all upgrade notices and decide if the upgrade is appropriate.
A backup seed is used to manually transfer large amounts of data from the customer’s computer(s) to the remote data center. At Accomtec’s discretion, a seed backup may be requested in which the customer must perform a seed backup to an external hard drive. Once completed, the external hard drive is sent to the remote data center where the data is then copied to the backup server. Subsequent backups will be performed quickly and efficiently, only backing up data that has changed since the last backup.
The core part of the service is to provide access to Accomtec's Microsoft Exchange Servers. Accomtec provides access to the Microsoft Exchange Services via Outlook (Outlook Anywhere) and Outlook Web Access (OWA). In addition Accomtec may also provide Exchange Services to mobile devices via Microsoft ActiveSync. The Exchange servers are housed in a state-of-the-art Tier 4, SAS 70 Type II Data Center where expert technicians are on-hand 24 hours per day, 365 days per year to address any issues that may arise.
Microsoft Outlook is complementary with the purchase of Accomtec’s hosted Exchange Server email service. The customer must request this from Accomtec.
The Customer must have the appropriate software to connect to the Exchange Server. This can be done through a web browser using Outlook Web Access (OWA); through Outlook 2007 or Outlook 2010 using Outlook Anywhere; through Microsoft ActiveSync on a mobile device. The Customer must first sign up for an account or accounts through Accomtec. Once the customer is signed up, then they must go through the necessary configuration steps to set up any or all of these services. Extra steps can be taken to import data (mail, contacts, calendar, and tasks) from a previous service. Setup fees may apply.
The core part of the service is the provision of a hosted Remote Desktop Services cloud to where the customer can connect to a specified server and use remote desktop connection to run specified applications with their data. The Remote Desktop Services will be located inside a secure data center where all standard data center facilities, including redundancy and backup power supply, 24-hour professional monitoring & surveillance and controlled access to the premises, are provided.
This unique service:
1. Provides businesses of all sizes with a secure, cost effective solution for deploying windows applications to their employees, no matter where they are located.
2. Provides a complete managed IT service that delivers high levels of security and availability.
For individuals and businesses that are looking for basic desktop services that include selected Microsoft Office products, but which do not require deployment of custom written or third party application programs, we offer three standard Microsoft Office packages which can be supplemented with additional Microsoft Office components.
For businesses looking to deploy one or more custom developed or third party programs, whether these applications are to be delivered to one office or too many remote offices, we offer a fully managed Remote Desktop Business Solutions.
Remote Desktop Computing is a way to deliver application programs like Word, Excel, Outlook, QuickBooks or just about any other business application your require to end-user desktops through the Internet.
Rather than installing programs individually on each user’s desktop, applications are installed once on Accomtec servers. End-users connect to these applications using Microsoft “Remote Desktop Connection”. For example, end-users that use Windows XP, Vista or 7 desktops run the "Remote Desktop Connection" program which is included with all copies of Windows XP and higher machines to connect to your application programs.
When they connect they are presented with a remote desktop that displays a list of available programs and users simply click and execute the programs they wish to execute as normal. A typical ACCOMTEC provisioned Remote Desktop Services session might look something like this:
Individual desktops can, of course, be tailored to meet the needs of your individual business and individual employees or groups of employees.
ACCOMTEC's Remote Desktop sessions are available to you and your employees no matter where they are, and no matter what time of the day or night they need to connect.
Employees from multiple office locations can connect to our hosted service, with each obtaining the same levels of support and availability. Employees that work from home can access the business applications they need to do their job, whether full time or part time. Employees can connect using a wide range of remote connection services, and even connect using thin-client devices, remote Pocket PC devices or remote tablet PC devices.
Individuals that travel can connect to their office applications from just about anywhere including hotels, Internet cafes, airports and other facilities. Employees can even connect using local dial-up connections while still seeing having similar performance to high speed connections.
For many businesses, just knowing that their data is protected and that they can rely on an experienced company like ACCOMTEC to manage their services is all the justification they need to subscribe to our hosted Remote Desktop solutions. These businesses no longer have to worry about nightly backups, or worry that a local disaster will wipe out vital customer records or other important information.
ACCOMTEC looks after everything. We manage your solution, we back up your documents and other data and we provide technical support to you and your employees as needed to help ensure that your business succeeds.
Accomtec will provide a secure method for accessing data to the user via a VPN client and Microsoft Remote Desktop Client. The connection into the data center will be over a VPN, short for virtual private network, a network that is constructed by using public wires to connect nodes. This will provide access for transporting data from workstation to server. The customer will use Microsoft's Remote Desktop client to manage the remote session on top of the VPN.
The core part of the service is the registration of domain names. In addition Accomtec may also provide Domain Name Service (DNS) services, hosting DNS and making changes to DNS as requested by the customer.
The customer must first request a domain name. After verifying the availability of the domain name(s) and receiving payment or agreement to payment terms, Accomtec will register the domain names for the customer and charge the customer accordingly. The customer will be notified by email of the new domain name registration and also of the methods to access and change the DNS server. At that time the customer can request DNS changes.
WHOIS refers to the method of checking information of registered domain names. By default Accomtec registers all domain names with WHOIS privacy, meaning that the customer's information is not available to the public. The Customer must contact Accomtec if they would like to share the WHOIS information.
http://opensrs.com/resources/contracts/exhibita.htm
http://www.icann.org/dndr/udrp/policy.htm
This section describes the standard of the services that are to be delivered to the customer by Accomtec.
The minimum acceptable level of uptime ratio for the services for any particular month shall be 95% as determined by the following formula:
· Uptime Ratio = (Total Time – Lost Time) / Total Time x 100%
Where:
Total Time = total number of hours within a month
Lost Time = total number of hours any service is unavailable for services within a month
If the uptime falls below 95%, for each cumulative hour of unavailability or fraction thereof in any calendar month, at Customer’s request, Customer's account shall be credited on a pro rata basis charges for one day of the monthly fee for the service.
Scheduled maintenance shall mean any maintenance performed on the services provided. Customer will be notified 7 days in advance. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by email. Unavailability caused by scheduled maintenance does not count towards the “Lost Time” variable in the minimum acceptable uptime ratio formula above.
Table 3.3.1 shows the guideline for problem resolution time for problems at different priority levels and a simple definition of different priority levels. When a problem arises, Accomtec is expected to resolve the problem within the guideline stated below.
Table 3.3.1 – Problem resolution time guideline
|
Priority Level |
Descriptions |
|
1 |
Total Disruption to the Service |
|
2 |
Major Inconvenience |
|
3 |
Minor Inconvenience |
|
4 |
Enhancement Request |
Accomtec shall assign a dedicated person to handle the customer’s call at any given time. The customer can simply call the assigned telephone number to contact a technical support representative during support hours.
If there is any urgent problem that needs to be brought to the attention to the management of both Accomtec and the customer after support hours, Table 3.1.1 at the end of this document shall be used to contact the personnel in charge of the services.
Both Accomtec and the customer are responsible to keep the contact information above up-to-date with the other party.
Accomtec shall not be responsible for:
· circumstances beyond Accomtec’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service agreement;
· failure of access circuits to Accomtec’s Network, unless such failure is caused solely by Accomtec;
· failure of Customer’s Internet access service;
· general third party failure;
· failure of Customer’s equipment used in connection with the services;
· scheduled and emergency maintenance;
· Domain Name System (DNS) issues outside the direct control of Accomtec;
· any other acts or omissions of Customer or others authorized by Customer, including without limitation, any negligence, willful misconduct, or use of Accomtec’s network or services in breach of Accomtec's Terms.
This section describes how changes to this Service agreement shall take place.
The amendment of the agreement would take place through an addendum to this agreement and the recording of that addendum in an Appendix of this agreement. There will be an opportunity on a quarterly basis to make adjustments to this Service agreement. Accomtec and the customer should work together to make changes at that time.
Any amendment to the Terms and Conditions of this agreement would require the approval of Accomtec and the customer.
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website http://www.accomtec.com/network_computer.asp?mid=67&mid2=151. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to ap@accomtec.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
The customer may terminate this agreement without penalty if Accomtec repeatedly violates the terms of this agreement. In such an event the customer shall give Accomtec 30 day’s written notice of intent to terminate.
In addition to the above agreement, Customer agrees to the following Terms of Use by installing and/or using Accomtec services or software.
1. All software provided by Accomtec is on an "as is" basis with no warranties of any kind and Accomtec will not be liable for any damages of any kind arising from the use. Accomtec further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
2. Accomtec grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by Accomtec for personal use only. Redistribution of programs owned by Accomtec, unless explicitly granted by Accomtec, is strictly prohibited.
3. All content included on this site, including text, graphics, logos, button icons, images and software, is the property of Accomtec or its content suppliers and is protected by international copyright laws. All program used on this site is the property of Accomtec or its software suppliers and protected by international copyright laws. Any attempt of reverse engineering, disassembly, or decompilation of programs, unless it is explicitly permitted, is prohibited by law.
4. Accomtec may send notices to you via either email or regular mail. Accomtec may also provide notices of changes to the terms or other matters by displaying notices or links to notices to you generally on the services provided by Accomtec.
5. While it is not Accomtec's intent to monitor your online communications, Accomtec reserves the right to edit or remove content that we become aware of and determine to be harmful or offensive to the general public. Termination or suspension of your account may be resulted as a consequence to the violation of this rule.
6. The integrity of this system relies on proper use of email as message passing media. The use of the email system, directly or indirectly as a spamming tool, or other than it is intended, is prohibited.
7. Accomtec reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.
8. You are expected not to use the services provided by Accomtec for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when Accomtec is aware of any of these activities
9. Accomtec shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Accomtec or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
10. Users are the ones who have the knowledge of their encrypting keys and passwords. They have the sole responsibility to make sure their encrypting keys and passwords are kept in a safe and secure place. Accomtec shall not be liable for any damages (including damages for not able to restore data or the disclosure of confidential information) resulting from loss/corruption/compromise of such keys or passwords.
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