SCHEDULE B - GENERAL TERMS OF SERVICE
By executing this Agreement and/or using or purchasing goods and/or services from or through Etech ASP, you agree to be subject to the terms and conditions set forth herein and all applicable laws. We reserve the right to revise these terms and conditions and any product offerings or pricing at any time. At which time if Customer does not agree with the changes Customer can opt out of this agreement with a written (30) days notice.
This offer is expressly conditioned upon your acceptance of these Terms of Service ("Terms"). Your use of or access to services provided by Etech ASP constitutes your Agreement to these Terms, as in effect from time to time. These General Terms of Service, together with the other provisions of this written Exchange Hosting Agreement, represents the entire agreement between you and Etech ASP, and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions written agreement by an authorized officer of Etech ASP. The Terms and the relationship between you and Etech ASP shall be governed by and interpreted in accordance with the laws of the State of Iowa, United States of America. Etech ASP reserves the right to send notices to its customers of changes to the Etech ASP Privacy Statement or these Terms of Service, or of any material changes affecting their service.
It is your responsibility to keep Etech ASP notified of any changes to your e-mail address or other contact information to assure that customers receive all such notices from Etech ASP. Billing and contact information by contacting Etech ASP's Support department at support@etechASP.us.
Customers are responsible for keeping billing information up to date. Etech ASP reserves the right to suspend an account if, for any reason, we are not able to process payment through the credit card or payment is outstanding.
OTHER PROVISIONS OF SERVICE:
1. We are committed to providing our customers with unparalleled availability of our services. We recognize that you need to have our services available whenever you want or need to do business, and we strive to consistently exceed your needs. Etech ASP shall use commercial best effort to provide continuous and consistent service with respect to this Agreement. Etech ASP reserves the right to change the terms of this agreement at any time upon thirty (30) days notice.
2. Maintenance: One of the significant benefits of using Etech ASP is the fact that you never have to pay system improvements hardware of software on the file server. To bring you these benefits, we usually schedule a monthly late-night maintenance in which we upgrade the existing system for enhancements and other updates. From time to time, we also schedule emergency maintenance usually in response to security concerns. We typically initiate these maintenance activities during the non-peak 9 p.m. – 5 a.m. U.S. Central Standard Time hours to minimize downtime. For non-emergency maintenance, you will receive at least a two (2) day notice. For emergency maintenance, you will receive at least a twelve (12) hour notice. We also reserve the right to perform immediate emergency maintenance without any prior notification, should it be deemed absolutely necessary to protect and maintain the security of the service.
3. Technical Support:
a. E-mail support is offered 24x7x365 and is available at support@etechASP.us.
b. Phone support is offered 24x7x365 and is available at 515-289-9090.
c. When contacting support, please include in your message your account name, a complete description of the problem, and the exact error messages, if any. This will help us fix your problems quicker.
d. Technical Support assigns the highest priority to inquiries related to the unavailability of the service and we address these immediately upon notification. However, it may take some time to resolve the issue, so you may not receive an immediate reply.
e. Prior to alleging any connectivity problems, the customer will verify that they are able to reach major sites such as www.msn.com or www.google.com.
f. Please note that all of our servers are monitored and our technicians are notified when a service becomes unavailable.
4. Data Security & Backup:
a. Anti-Virus: We employ third-party anti-virus software to check all incoming and outgoing messages for viruses. The virus definitions are checked for new updates every hour.
b. All data is protected with RAID hard drives to protect from hard drive failure.
c. All data is backed up on week nights and these backups are retained for one week.
d. Customer Responsibilities. The following customer requirements enhance data security:
i. Customers must use discretion granting administrator privileges;
ii. Users must not share their login identifier or password;
iii. Users should change their passwords at least every forty-five (45) days(not required by Etech ASP);
iv. Users should select passwords that are eight (8) characters or longer. We strongly recommend that passwords include mixed alpha and numeric text.
5. Uptime Guarantee:
a. “Service Availability” is defined to as the ability for MS Exchange users to be able to 1) access existing messages from their account and 2) send and receive new messages via their account. Service Availability is calculated by the number of hours the service is available to customers plus the total number of hours of maintenance, if any, divided by the total number of hours in that month
b. Objective: we guarantee a 99.9% Service Availability.
c. Remedy: Except under the conditions mentioned below under “Exceptions”, if the Service Availability is less than 99.9%, we will issue a prorated credit to Customer for each full hour of failure below 99.9% for the given billing period, with the credit being calculated on the basis of that month’s service charge for the affected Service.
i. Circumstances beyond Etech ASP’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, 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, attacks (including, without limitation, denial of service attacks, virus attacks), hackers, failure of third party software (including, without limitation, anti-virus software, backup software) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
ii. Failure of hardware, unless such hardware is within sole control of Etech ASP;
iii. Failure of access circuits to the Etech ASP Network, unless such failure is caused solely by Etech ASP;
iv. Scheduled maintenance and emergency maintenance and upgrades;
v. DNS (Domain Name System) issues outside the direct control of Etech ASP;
vi. Issues with customer’s Internet access;
vii. Erroneous outages reported as a result of outages or errors of any Etech ASP measurement system;
viii. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding, any negligence, willful misconduct, or use of the Service in breach of Etech ASP’s Terms and Conditions;
ix. DNS Propagation;
x. Outages elsewhere on the Internet that hinder access to your account or services. Etech ASP is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Etech ASP will guarantee only those areas considered under the control of Etech ASP: Etech ASP server links to the datacenter Internet feeds, Etech ASP’s routers, and Etech ASP’s servers.
6. Business Continuity:
In the event that Etech ASP is unable to continue a Service to Customer, Etech ASP guarantees to provide 30 days of interim service. During this period, Etech ASP will deliver upon request and at nominal cost the current data backups in order to facilitate transfer to Customer's in-house implementation or alternative provider of Service.
Minimum Monthly Requirement
Customers of our Service are required to spend a minimum of $49 per month. Customers that do not meet this minimum requirement will be charged an additional fee to reach this minimum requirement.
Etech ASP Service and Content
Etech ASP services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be stored on or transmitted through any servers hosted by Etech ASP that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Web sites be tolerated within the content hosted by Etech ASP.
Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with a Etech ASP-hosted Web site listed as the contact address, or any use of Etech ASP's services or systems associated in any way with such mailings is strictly forbidden. Etech ASP will immediately terminate, without any warning, the account of any customer who conducts these activities. Etech ASP also reserves the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. When a complaint is received, Etech ASP has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Etech ASP reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations. To report spam, please forward the spam with all original headers to support@etechASP.us.
It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in Etech ASP's sole discretion. Further, Etech ASP shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by Etech ASP in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
It is a violation of these Terms for you to attempt to breach or to breach the security or firewall systems of Etech ASP, its Internet access provider, or its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us at support@etechASP.us. Complaints may be investigated by Etech ASP but Etech ASP is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of Etech ASP. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to: support@etechASP.us.
YOU SPECIFICALLY AGREE THAT ETECH ASP SHALL NOT BE RESPONSIBLE FOR UNATHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATE, AND MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE EXCHANGE HOSTING SERVICE. YOU SPECIFICALLY AGREE THAT ETECH ASP IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ETECH ASP IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE EXCHANGE HOSTING SERVICE BY ANY THIRD PARTY.
ALL PRODUCTS, SERVICES, SOFTWARE, AND INFORMATION PROVIDED WITH ETECH ASP'S EXCHANGE HOSTING SERVICE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH ETECH ASP IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY ETECH ASP.
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
Waiver Of Jury Trial
Both you and Etech ASP hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and Etech ASP each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
These Terms shall bind and benefit the successors and heirs of the parties. By obtaining Exchange Hosting Services from ETECH ASP, you consent to the federal and state courts of Iowa having jurisdiction over you.
Termination of Agreement
This agreement may be terminated with 30 days written notice sent to Etech ASP.
SCHEDULE C - PRIVACY STATEMENT AND SECURITY
Etech ASP Privacy Statement:
Etech ASP has created this privacy statement ("Statement") in order to demonstrate our commitment to customer privacy. Privacy is of great importance to us. Because we gather important information from our customers, we have established this Statement as a means to communicate our information gathering and dissemination practices. We reserve the right to change this Statement and will provide notification of the change at least thirty (30) business days prior to the change taking effect.
We require customers who use the services ("Services") offered by Etech ASP to give us contact information, such as their name, company name, address, phone number, and e-mail address, and financial qualification and billing information, such as billing name and address, credit card number, and the number of users within the organization that will be using the Services. You may also add additional personal information, such as title, department name, fax number, or additional company information, such as annual revenues, number of employees, or industry, when adding users. Customers can opt out of providing this additional information by not providing it when asked. Customers can update or remove their personal information at any time by logging into the Website and editing their Personal Information within Setup. Customers can view their updated profile to confirm their edits have been made.
Etech ASP uses the information that we collect to set up Services for individuals and their organizations. We may also use the information to contact customers to further discuss customer interest in our company, the Services that we provide, and to send information regarding our company or partners, such as promotions and events. Customer email addresses and any personal customer information will not be distributed or shared with any third parties. Customers can opt out of being contacted by us, or receiving such information from us, at any time by sending an email to support@Etech ASP.us. Separately, customers are also asked to provide an email address when registering for the Service, in order to receive a username and password. We may also email information regarding updates to the Service or company. Again, email will not be distributed or shared and customers can opt out of receiving any communication by emailing support@EtechASP.us at the time it is distributed, or at the time any customer registers for the Service.
Except as we explicitly state at the time we request information, or as provided for in the Customer's Etech ASP Service Agreement, we do not disclose to any third-party the information provided. All financial and billing information that we collect from the customer is used solely to check the qualifications of prospective customers and to bill for Services. This billing information is not used by Etech ASP for marketing or promotional purposes. Etech ASP uses a third-party intermediary to manage the credit card processing. This intermediary is solely a link in the distribution chain, and is not permitted to store, retain, or use the information provided, except for the sole purpose of credit card processing. Other third parties, such as content providers, may provide content on the Etech ASP's web Site but they are not permitted to collect any information nor does Etech ASP share any user information with these parties.
Customers of the Service will be using Etech ASP to host data and information ("Data"). Etech ASP will not review, share, distribute, print, or reference any such Data except as provided in the Etech ASP Terms of Service, or as may be required by law. Individual records may at times be viewed or accessed only for the purpose of resolving a problem, support issue, or suspected violation of the Terms of Service, or as may be required by law. Of course, customers are responsible for maintaining the confidentiality and security of their user registration and password.
Etech ASP may also collect certain information from visitors to and customers of the Site, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Site in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
When you interact with the Etech ASP Website we strive to make that experience easy and meaningful. When you come to our Web site, our Web server sends a cookie to your computer. Cookies are files that Web browsers place on a computer's hard drive and are used to tell us whether customers and visitors have visited the Site previously.
Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to Etech ASP, either by responding to a promotional offer, opening an account, or registering for a 30-day Test Drive, you remain anonymous to Etech ASP. Cookies come in two flavors: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you've closed your browser or turned off your computer. They include such information as a unique identifier for your browser.
Etech ASP uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows Etech ASP to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you've logged in and are required in order to use the Etech ASP application. Etech ASP uses persistent cookies that only Etech ASP can read and use, to identify the fact that you are an Etech ASP customer or prior Etech ASP Website visitor (whatever the case may be). We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. Users who disable their Web browsers' ability to accept cookies will be able to browse our Website but will not be able to successfully use our service.
The Site contains links to other web sites. Etech ASP is not responsible for the privacy practices or the content of these other web sites. Customers and visitors will need to check the policy statement of these others web sites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.
Our Site has security measures in place to help protect against the loss, misuse, and alteration of the Data under our control. When our Site is accessed using Netscape Navigator, or Microsoft Internet Explorer versions 5.0 or higher, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption to help ensure that Data is safe, secure, and available only to you. Etech ASP also implements an advanced security method based on dynamic data and encoded session identifications, and hosts the Site in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, Etech ASP provides unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of Data.
Etech ASP offers its visitors and customers a means to choose how we may use information provided. If, at any time after registering for information or ordering Services, you change your mind about receiving information from us, send us a request specifying your new choice. Simply send your request to support@EtechASP.us.
Correcting & Updating Your Information:
If customers need to update or change registration information they may do so by editing the user or organization record. To update a User Profile, log on to Etech ASP and update the appropriate information. To discontinue the Service and have leased data,
email support@Etech ASP.us or call 515-289-9090.
Questions regarding this Statement or the practices of this Site should be directed to Etech ASP by e-mailing such questions to support@Etech ASP.us.