EATEL Business Legal Policies
A Commitment To Your Privacy
EATEL Business (EATEL Business, us, we, or our) has created this privacy statement in order to demonstrate our commitment to your privacy. The following discloses our information gathering and dissemination practices for the EATEL Business.com website, including all sub-domains under these domains.
You can browse our site without entering any personal information and therefore remain anonymous during your visits. Our web site logs IP addresses for system administration purposes only. IP addresses are logged to track a user’s session, providing us with an idea of which parts of our site users are visiting. We do not link IP addresses to anything personally identifiable. This means that a user’s session will be tracked, but the user will be anonymous. In addition, we maintain system logs for periods of short duration which allow us to manage system usage and capacity and respond to any problems. These system logs can be matched to an individual user, but unless there is a reported problem requiring such matching we do not make any matching.
Additionally, our web sites may utilize on-line order forms for customers to request services. Through these order forms we collect your contact information and financial information. Your contact information from the order forms is used to contact you regarding the status of your account and to send you information about our available services. Financial information that we collect from you is used to bill you for any services to which you subscribe. You can be assured that we will not utilize this information for any purposes other than those stated above, and that we will not sell your contact information to others.
Our web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by our site.
We take every precaution to protect our user’s information. We have security measures in place to protect the loss, misuse, and alteration of information under our control. This information is accessible to select number of employees. Company policy prohibits any unauthorized use, alteration, changes or copies of data.
Supplementation Of Information
We will release personally identifiable information about you as is reasonably necessary for the provision of services for which you have subscribed. This includes, but is not limited to:
- provision of financial information to organizations such as VeriSign, PaymenTech, Signio and CyberCash for billing purposes,
- provision of contact and software usage information to our software license providers for the purpose of software licensing compliance, licensing usage calculation, and billing purposes
- provision of your account information to independent contractors providing services in support of our delivery of services to you. Independent contractors to whom we may provide account information for service purposes are required to sign a non-disclosure agreement.
In addition, we may release personally identifiable information necessary for the prosecution or defense of any legal claim or right to which we are a party. We will also release personally identifiable information as required by law.
We require that all account holders be 18 years of age or older. Children are not provided access to any EATEL Business.com services in which any personal data is collected beyond the collection of a visitor’s IP address and session status. If we become aware that any child has access to our non-publicly available web sites, the account through which the child has gained access will be terminated. No information should be submitted to or posted at any site owned by us by persons under 13 years of age. We do notes not knowingly collect personal information from children under the age of 13. All of our services are open only to persons over the age of 18. If you believe we have collected any information from or about anyone under 13, please contact us immediately at privacy@EATEL Business.com
Contacts From Our Site / Opt-Out Procedures
If you wish to terminate your account or opt-out of receiving communications from us which are not reasonably necessary for the provision of services to you, please contact us at the address below.
If you have any questions about this privacy statement, the privacy practices of our web sites, or your dealings with our’s web sites, you may contact:
EATEL Business – Legal Dept.
7127 Florida Blvd.
Baton Rouge, LA 70806
Site And Service Updates
We may send our customers a welcoming email to verify password and username. Additionally, we may send site and service announcement updates to our users. Customers are not able to un-subscribe from service announcements, which contain important information about the service. We may also communicate with our customer to provide requested information and services and in regards to issues relating to their account via email or phone.
Notification of Changes
Thank you for placing your trust with EATEL Business.
EATEL Business Acceptable Use Policy ("AUP")
EATEL Business has published this Acceptable Use Policy (“AUP”) as part of our overall effort to provide high-quality, reliable service to our clients; protect the privacy and security of our clients, systems, and networks; encourage responsible use of network resources; and comply with applicable laws. This AUP is an integral part of your Agreement with EATEL Business for the provision of Services set forth on Service Description Exhibit. This AUP describes the types of uses which are contrary to our objectives and which are, therefore, prohibited. To achieve our objectives, EATEL Business may in its sole discretion determine whether a use of our Services is a violation of this Policy. Your services may be suspended or terminated for violation of this AUP in accordance with your services Agreement with EATEL Business. Clients are responsible for keeping informed of the current AUP in effect, including any revisions or updates, and for abiding by the terms of this AUP. Capitalized terms used in this AUP shall have the meaning given in your Agreement.
Client will not be issued a credit for any interruption in service resulting from violations of this AUP. You are solely liable and responsible for your use of the EATEL Business Services.
Any use of EATEL Business Services in a manner which is defined or deemed to be statutorily illegal is a direct violation of EATEL Business’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “Ponzi schemes” or other fraudulent activities, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.
You may not use EATEL Business's network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- The storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, keystroke capture programs and other programs normally used in malicious activity; provided, however, programs used in the normal ordinary course of business are deemed acceptable.
- Any activity associated with phishing or systems designed to collect personal information (name, account numbers, user names, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Interference with service to any user of the EATEL Business or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner's authorization;
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
- Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool); or
- Any conduct that is likely to result in retaliation against the EATEL Business network or website, or EATEL Business’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack. EATEL Business absolutely prohibits the use of services or network services for the origination or control of denial of service (“DoS”) attacks or distributed denial of service (“DDOS”) attacks. Any relation to DoS or DDoS type activity is a direct violation of EATEL Business’s AUP.
Any attempts to undermine or cause harm to a EATEL Business server or subscriber of EATEL Business is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services or information not intended for you or your use without the consent of the owner;
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the EATEL Business’s systems;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Interfering with, intercepting or expropriating any system, data or information which you do not have the right to access; and
- Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mail-bombing,” or “crashing” any computer system.
You agree that we may quarantine or delete any data stored on the EATEL Business network if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the network or other clients’ data that is stored on the network. You further agree to take corrective action immediately upon notification by EATEL Business or any third part that indicates that the security or integrity of one or more of the computer systems or networks under your control have been compromised. Failure to take immediate action will result in EATEL Business personnel taking steps to mitigate the problem at your expense.
You represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom EATEL Business is legally prohibited to provide the Services. You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations, or as otherwise prohibited by law, nor may you provide administrative access to the Service to any person (including any natural person or government or private entity) that is located in or is a national of any country that is embargoed or highly restricted under United States export regulations.
You may not use any EATEL Business Service to send Bulk Mail. “Bulk Mail” means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. A mail message sent to other users within your domain names hosted on the EATEL Business system is not considered Bulk Mail.
You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email. You may not send email of any kind to a person who has indicated that they do not wish to receive it. Any such email shall comply with all laws and regulations, including without limitation, the CAN SPAM Act. In addition, your bulk and commercial email must meet the following requirements:
- Your intended recipients have given you their consent to receive email from you via some affirmative means, such as an opt-in procedure (“Opt-out only” is not acceptable);
- Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
- You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honor recipient's and EATEL Business's requests to produce consent evidence within 72 hours of receipt of the request;
- You have procedures in place that allow a recipient to revoke their consent - such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;
- You must post an email address for complaints (such as email@example.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You have the means to track anonymous complaints;
- You may not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Your email must include the recipients email address in the body of the message or in the "TO" line of the email;
- The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information; and
- You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
These policies apply to messages sent using your EATEL Business services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your EATEL Business service. In addition, you may not use a third party email service that does not practice similar procedures for all its clients. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you. EATEL Business may test and otherwise monitor your compliance with its requirements. EATEL Business may block the transmission of email that violates these provisions. EATEL Business may, at its discretion, require certain clients to seek advance approval for bulk and commercial email, which approval will not be granted unless the client can demonstrate that all of the requirements stated above will be met. Complaints from email recipients and third-party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. EATEL Business shall have the right to terminate your mail service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.
You may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.
You may not attempt to probe, scan, penetrate or test the vulnerability of a EATEL Business system, subsystem or network or to attempt to breach security or authentication measures, whether by passive or intrusive techniques, without EATEL Business’s express written consent.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
You must comply with the rules of any other network you access or participate in using your EATEL Business services.
You may not publish, transmit or store on or via EATEL Business's network and equipment any content or links to any content that EATEL Business reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- infringes on another person's copyright, trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to EATEL Business; or
- is otherwise malicious, fraudulent, or may result in retaliation against EATEL Business by offended viewers or recipients, or
- is intended to harass or threaten.
Content "published or transmitted" via EATEL Business's network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.
You may not use your EATEL Business services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. EATEL Business may prohibit you from streaming other live events where there is a special risk, in EATEL Business’s reasonable discretion, that the event may violate the Offensive Content section above.
You may not use EATEL Business's network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- you are otherwise permitted by established copyright law to copy the work in that manner.
It is EATEL Business's policy to terminate in appropriate circumstances the services of clients who are repeat infringers.
You may not use any shared system provided by EATEL Business in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of EATEL Business Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud clients’ use of the Cloud. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other clients' data that is stored on the same system.
- You must have valid and current information on file with your domain name registrar for any domain hosted on the EATEL Business network.
- You must request authorization to store, process, or transmit cardholder data or sensitive authentication data through any EATEL Business system components that are included in or connected to your cardholder data environment as defined by the Payment Card Industry standards. EATEL Business reserves the right to accept or deny requests at is sole discretion and may suspend or terminate services for violation of this AUP in accordance with your services Agreement with EATEL Business.
- You play a crucial role in achieving the overall objectives mentioned in this policy. You are strongly encouraged to develop and implement information technology best practice controls within your own environment as described in industry-recognized control frameworks published by standard setting organizations such as but not limited to NIST, ISACA, and/or ISO.
- You may only use IP addresses assigned to you by EATEL Business in connection with your EATEL Business services.
- You agree that if the EATEL Business IP numbers assigned to your account are listed on an abuse database, you will be in violation of this AUP, and EATEL Business may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
- You agree that if you register a DNS record or zone on EATEL Business managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, EATEL Business may modify, transfer, or delete such records or zones.
- We do not allow game servers (dedicated game server programs) of any kind.
- You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.
- EATEL Business may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third-party, or EATEL Business is retaliated against as a result of your use of the mail system, regardless of whether you are in breach of this AUP or are otherwise at fault.
- The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of EATEL Business’s AUP. This includes UseNet services located within the EATEL Business network or unrelated third party networks.
- You agree to maintain applicable and up-to-date software/hardware licenses in accordance with the license agreements as put forth by the software manufacturer for all client-owned infrastructure residing on EATEL Business managed or operated property. EATEL Business may in its sole discretion determine through any means necessary whether a use of our Services is a violation of this Policy and/or manufacturer software licensing agreements. Your services may be suspended or terminated for violation of this AUP in accordance with your services Agreement with EATEL Business.
Disclosure To Law Enforcement
Occasionally, EATEL Business is required by law to submit client information to law enforcement officials when presented with a valid subpoena or order from a court or governmental entity. Information requested is disclosed as directed pursuant to the subpoena or order. EATEL Business utilizes great care in keeping client information safe and private and will only release information described in the subpoena order. EATEL Business will notify client of the information request to the extent permitted by the subpoena or order
No credit will be available under a EATEL Business service level guaranty or agreement for interruptions of service resulting from AUP violations.
Third Party Software Policy
This document governs the use of third party products and software, which may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “Third Party Products”) (i) provided by EATEL Business Solutions, LLC (hereinafter referred to as “EATEL Business”) as part of a Service, (ii) deployed by You in a EATEL Business Technology Center, and/or (iii) rented by You through EATEL Business as part of a SPLA or similar program. By purchasing, downloading or deploying any of the Third Party Products, you agree to be bound by the applicable terms for those Third Party Product(s). If you do not agree to be bound by any of the applicable terms for the Third Party Products, then you must not use those Third Party Products. EATEL Business reserves the right to modify this document from time to time. You agree that you will be bound by the most recent version of the Third Party Terms at any point in time.
- PRICING AND SERVICES. Subject to applicable law, and not withstanding anything to the contrary in the MSA, EATEL Business shall have the right to change the Third Party Products and rates or charges, at any time with or without notice. Features or offerings contained in the Licensed Products, including but not limited to, functionality, hours of availability, and customer equipment requirements may be changed or modified at any time with or without notice. If we do give you notice, it may be provided via email to the Authorizing Officer on your account, on your monthly bill, as a bill insert or other communication permitted under applicable law.
- END USER RESPONSIBILITY. It is your responsibility to track all licenses for all the Third Party Products used by you. You will be responsible for payment for all Third Party Products deployed by you. You will be responsible for any and all fees related to your over deployment of the Third Party Products including any interest, penalties, and third-party audit costs assessed against EATEL Business by a provider of Third Party Products.
1. MICROSOFT TERMS. The following terms apply to your use of Microsoft Third Party Products (“MTPP”) EATEL Business does not own the MTPP and the use thereof is subject to certain rights and limitations of which EATEL Business must inform you. Your right to use the MTPP is subject to the terms of your Master Services Agreement with EATEL Business, and to your understanding of, compliance with, and consent to the following terms and conditions, which EATEL Business does not have authority to vary, alter, or amend.
“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software. “Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” server or other electronic device.
“Server Software” means software that provides services or functionality on a computer acting as a server.
“Software Documentation” means any end user document included with server software.
“Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.
3. OWNERSHIP OF MTPP. The MTPP are licensed to EATEL Business from an affiliate of the Microsoft Corporation (collectively “Microsoft”). All title and intellectual property rights in and to the MTPP (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the MTPP) are owned by Microsoft or its suppliers. The MTPP are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the MTPP does not transfer any ownership of the MTPP or any intellectual property rights to you.
4. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices by EATEL Business only in accordance with the instructions, and only in connection with the services, provided to you by EATEL Business. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during your use of the Client Software.
5. USE OF REDISTRIBUTION SOFTWARE. In connection with the services provided to you by EATEL Business, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) AVAILABLE TO YOU AT http://spur.microsoft.com/products.aspx . Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms,.
6. COPIES. You may not make any copies of the MTPP; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by EATEL Business; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with EATEL Business, upon notice from EATEL Business or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the MTPP.
7. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the MTPP, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
8. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the MTPP to any third party, and may not permit any third party to have access to and/or use the functionality of the MTPP except for the sole purpose of accessing the functionality of the MTPP in the form of software services in accordance with the terms of this agreement and any agreement between you and EATEL Business.
9. TERMINATION. Without prejudice to any other rights, EATEL Business may terminate your rights to use the MTPP if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with EATEL Business or EATEL Business’s agreement with Microsoft under which the Licensed Products are licensed, you must stop using and/or accessing the Licensed Products, and destroy all copies of the Licensed Products and all of its component parts.
10. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY EATEL BUSINESS AND NOT BY MICROSOFT, ITS AFFILIATES OR SUBSIDIARIES.
11. PRODUCT SUPPORT. Any support for the Licensed Products is provided to you by EATEL Business and is not provided by Microsoft, its affiliates or subsidiaries.
12. NOT FAULT TOLERANT. THE MTPP MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE LICENSED PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
13. EXPORT RESTRICTIONS. The MTPP are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and U.S. laws that apply to the MTPP, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
14. LIABILITY FOR BREACH. In addition to any liability you may have to EATEL Business, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
15. LICENSE MOBILITY. If you are a Microsoft Volume Licensing customer with eligible application server licenses that are covered by active Software Assurance, you can elect to use License Mobility through Software Assurance. You will be expected to follow the procedures and requirements set forth by Microsoft including those found here.
1. Red Hat Portals and Content. Through various Red Hat websites and portals, including but not limited to Red Hat Network, the Red Hat JBoss Customer Support Portal, and the Red Hat Customer Portal (collectively, "Red Hat Portals"), Red Hat, Inc. ("Red Hat") provides you—as a Red Hat customer—with access to a variety of software, services, web pages, text, documents, and other works of authorship, images, graphics, audio and video content, forums, discussion groups, blogs, and other content (collectively, the Red Hat Portals and foregoing content are referred to as "Red Hat Content").
3. Trademarks. The trademarks, logos, trade names, and service marks ("Marks") displayed on Red Hat Content are the property of Red Hat or other third parties. You are not permitted to use these Marks without the prior written consent of Red Hat or such third party which may own the Mark. Please see the Red Hat Trademark Guidelines and Policies at www.redhat.com/about/corporate/trademark/, which govern any permitted use of Red Hat Marks.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
7. Confidentiality. Red Hat Content may contain information that is designated as "confidential," and you agree not to disclose such information without Red Hat's prior written consent.
8. Submission of Ideas. Red Hat or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Red Hat products or marketing strategies might seem similar to ideas submitted to Red Hat. Please do not send your unsolicited ideas to Red Hat or anyone at Red Hat. If despite our request that you not send us your ideas and/or materials, you still send them, please understand Red Hat will not treat them as confidential or proprietary.
9. Linking. The Red Hat Portals contain links to other websites and resources and are provided for convenience only. Red Hat has not necessarily reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by Red Hat of the website or their entities, products, or services.
10. Rules of Conduct. Your use of Red Hat Content is subject to all applicable laws and regulations, and you agree not to violate such laws and regulations. Any attempt to deliberately damage a Red Hat Portal or Red Hat Content is a violation of criminal and civil laws. Red Hat reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through a Red Hat Portal any material or content that violates or infringes in any way the rights of others or solicits, encourages, or promotes the use of illegal substances or activities; which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability, or otherwise could violate any applicable law.
You may not engage in any activity on a Red Hat Portal that restricts or inhibits any other user from using or enjoying the Red Hat Portal or Red Hat Content, whether by "hacking," "cracking," "spoofing," or defacing any portions of a Red Hat Portal. You agree not to attempt to gain unauthorized access to any parts of a Red Hat Portal or any user accounts, computer systems, or networks. Access to and use of password-protected or secure areas of a Red Hat Portal is restricted to authorized users only. You agree not to access or use a Red Hat Portal in any manner that could damage, disable, overburden, or impair (or interfere or attempt to interfere with the proper working of) any user accounts, Red Hat computer systems, or Red Hat networks.
You may not post or transmit through a Red Hat Portal any advertising or commercial solicitations; promotional materials relating to services that are competitive with Red Hat; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other potentially harmful or disruptive components; political campaign materials; chain letters; mass mailings; or spam mail. You may not use any robot, spider, site scraper, or other automatic device or process to retrieve, index, "data mine," or otherwise access Red Hat Content. You may not harvest, collect, or use information about Red Hat Portal visitors.
You may not select a user name that impersonates someone else, is intended to disguise the user's identity, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. Red Hat reserves the right to reject any user name in our sole discretion. You agree (1) not to share your password(s), account information, or access to Red Hat Content and (2) that you are responsible for maintaining the confidentiality of password(s) and account information and for all activities that occur under your password(s) or account(s) or as a result of your access to a Red Hat Portal. You agree to immediately notify Red Hat of any unauthorized use of your account or any other breach of security. Red Hat will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
13. Rights in Your Content. By displaying, publishing, and/or making available for download and use of any content, you represent and warrant that you are the owner of all rights in the content. You further grant Red Hat a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute the content which you submit, post, or display on or through a Red Hat Portal. You agree that this license includes a right for Red Hat to make such content available to other companies, organizations, or individuals with whom Red Hat has relationships for the provision of services and to use such content in connection with the provision of those services. You understand that Red Hat may (a) transmit or distribute the content over various public networks and in various media; and (b) make such changes to the content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit Red Hat to take these actions. You confirm and warrant to Red Hat that you have all the rights, power, and authority necessary to grant the above license.
16. Disclaimer. THE FOLLOWING SHALL APPLY EXCEPT WHERE EXPRESSLY PROHBITED BY APPLICABLE LAW. RED HAT PORTALS AND RED HAT CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF RED HAT CONTENT IS AT YOUR OWN RISK. RED HAT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF RED HAT CONTENT. RED HAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF A RED HAT PORTAL IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR FUNCTIONALITY THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON A RED HAT PORTAL OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY RED HAT AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
17. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER RED HAT NOR ITS AFFILATES IS LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH A RED HAT PORTAL OR RED HAT CONTENT, EVEN IF RED HAT OR ITS AFFILATES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE RED HAT PORTAL OR RED HAT CONTENT; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON A RED HAT PORTAL, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (c) RED HAT CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
18. Privacy. Any personal information collected on a Red Hat Portal may be accessed and stored globally and will be treated in accordance with the Red Hat Privacy Statement located athttp://www.redhat.com/legal/privacy_statement.html.
22. Notice and Procedure for Making Claims of Copyright Infringement. To file a notice of infringement with us, please provide the following information to the Red Hat-designated copyright agent listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of the material that you claim is infringing the copyrighted work listed in item #1.
- An address, telephone number, and an email address where the alleged infringing party can contact you.
- The following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Your electronic or physical signature.
To file a counter notification with us, please provide the following information to the Red Hat-designated copyright agent listed below:
- A description of the material that Red Hat has removed or to which Red Hat has disabled access.
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Wake County, North Carolina, if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your electronic or physical signature.
Red Hat has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Please send notifications of infringement and counter notifications to the designated agent at:
Red Hat, Inc.
100 E. Davie St.
Raleigh, NC 27601
fax: +1 919-754-3704
V. Rubrik End User License Agreement
Subscription Rights. End User is granted a limited non-sublicensable, non-transferable, and non-exclusive right to use the components of Rubrik Solution paid for by the End User solely for End User’s internal business purposes and in accordance with the Documentation, and (as applicable) solely any subscription periods for which End User has paid the applicable subscription fees. End User may make copies of the Documentation solely for End User’s internal use.
License Exclusions. End User will not, nor permit anyone else to: (i) copy, modify, or distribute (or otherwise make available to or use for the benefit of others) the Rubrik Solution; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code, algorithms or structure, sequence and organization of the Rubrik Solution (including the Software); (iii) rent, lease, or otherwise use the Rubrik Solution on behalf of any third party; (iv) use the Rubrik Solution for performing comparisons or other benchmarking activities; (v) disrupt the integrity or performance of, the Rubrik Solution or the data contained therein or access the Rubrik Solution for the purpose of building a competitive product or service or copying its features or user interface, or (vi) use any component of the Rubrik Solution for which fees have not been fully paid or otherwise except as expressly licensed to such End User.
Title and Protection. Rubrik owns all worldwide right, title and interest in and to the Rubrik Solution and Documentation and all derivatives, modifications and enhancements thereof, and all related intellectual property rights. End User will not delete or alter the proprietary rights notices appearing on the Rubrik Solution or Documentation.
Termination. Within thirty (30) days after termination of the End User Agreement, End User will certify in writing that all copies of the Software and Documentation in its possession or control have been destroyed or returned.
Confidentiality. End User will hold the Software and Documentation in confidence and will protect the same with at least the same degree of care with which the End User protects its own similar confidential information.
Export. End User will not export, re-export, or import the Software or Documentation without the appropriate United States or foreign government licenses.
Disclaimer of Warranty. Except for the limited warranty offered directly to the End User by Rubrik, the End User Agreement must state that Rubrik and its suppliers and licensors disclaim any warranty of any kind, including any warranty of title, merchantability, fitness for a particular purpose or non-infringement.
Liability Limitation. The End User Agreement must disclaim Rubrik’s and its suppliers’ and licensors’ liability for any damages directly to the End User, whether direct or indirect, incidental or consequential, arising in connection with the End User Agreement and/or the End User’s use of the Rubrik Solution. Rubrik’s sole liability to any End User shall be as described in its standard end user agreement and limited warranty.
VI. Alert Logic Terms and Conditions
Hardware Loan. In certain instances Client's service configuration may require the use of hardware supplied by Alert Logic to enable the EATEL Business Sentinel Security Suite powered by Alert Logic Services (the "Hardware"). The Hardware is loaned, not sold, to Client, for use solely during the term of this Proposal, and will at all times remain the property of Alert Logic. Client will use a reasonable degree of care to maintain and protect the Hardware. Client will not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or copy the Hardware (including any Software or firmware that is part of, incorporated into or running on the Hardware). Client assumes all risk of, loss, damage, theft, or destruction of the Hardware while it is in the Client's possession or control or that of its agents, including any carrier (except any carrier transporting the hardware from the possession of Alert Logic to Client), and Client will reimburse Alert Logic and/or EATEL Business for any costs of necessary repair or replacement. Client will keep the Hardware free of all security interests, liens, and other encumbrances.
License Grant. Alert Logic hereby grants to Client a nonexclusive, royalty-free license, during the term of this Proposal, to use the Alert Logic Technology solely for purposes of using the Alert Logic Services. Client shall have no right to use the Alert Logic Technology for any purpose other than using the Alert Logic Services.
(a) Service Level Warranty. Subject to the exceptions set forth herein, Alert Logic warrants that it will provide each Service at or above the service levels defined below (the "Service Level Warranty"):
(i) Alert Logic will provide 99.9% reliability for its hosted services. The 99.9% reliability is calculated by determining the total time in minutes for a month, or a year, subtracting all planned maintenance time, and then dividing all unplanned downtime of the hosted services by the remaining time. Alert Logic's obligations under this Proposal are in effect during all hours of operation, except during planned maintenance windows and any approved additional maintenance windows scheduled by Alert Logic.
(ii) Alert Logic will notify Client at least 3 days in advance of any additional planned maintenance occurring outside of the standard maintenance window and make efforts to accommodate Client's needs regarding the additional maintenance requirement. Alert Logic will provide Client as much notice as possible when unplanned maintenance occurs.
(iii) For Clients purchasing ActiveWatch, for all networks segments for which Threat Manager and ActiveWatch services are deployed ("Protected Networks"), Alert Logic will escalate detected security incidents for network threats to Protected Networks within 30 minutes of their occurrence.
(iv) For Clients purchasing LogReview, Alert Logic will (a) review data for the prior day within 24 hours, (b) escalate potential security incidents to Client upon detection and (c) maintain an audit trail of review activity on a daily basis that is accessible online.
(v) Alert Logic will respond to properly submitted service requests within 2 hours of receipt and either resolve or escalate properly submitted service requests within 24 hours of receipt. Service requests must be submitted via e-mail or telephone.
(b) Remedies. In the event that Alert Logic fails to provide a Service at the level required by the Service Level Warranty, Client's only remedies are those set forth in this Section (the "Remedies").
(c) Client Must Request Remedies. In order to receive any of the Remedies, Client must notify Alert Logic via email to Accounting@AlertLogic.com with a copy to EATEL Business via email to info@EATEL Business.com within seven (7) days from the time Client becomes eligible to receive such Remedies. Failure to comply with this requirement will forfeit Client's right to receive such Remedies.
(d) Remedies Shall Not Be Cumulative; Maximum Remedy; No Remedies if Delinquent. The Remedies set forth herein are not cumulative. The aggregate maximum Remedy for any and all failures to provide Services at the level required that occur in a single calendar month shall not exceed one calendar month of service credit. If Client is late in making any payments owing pursuant to this Proposal at the time of the occurrence which would otherwise entitle Client to Remedies, none of such Remedies shall be available to Client.
(e) The Service Level Warranty set forth in this section apply only to the EATEL Business Sentinel powered by Alert Logic Services and do not apply to any other Services provided under this Proposal or the MSA.
(f) No Other Warranty. Except for the express warranties set forth in this Section of the Proposal, the EATEL Business Sentinel Security Suite powered by Alert Logic Services and Hardware are provided on an "as is" basis, and Client's use of the Services and Hardware is at its own risk. Alert Logic and EATEL Business do not make, and hereby disclaims, any and all other express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. Neither Alert Logic nor EATEL Business warrant that the Services or Hardware will be uninterrupted, error-free, or completely secure. Alert Logic does not and cannot control the flow of data to or from Alert Logic's data centers and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Client's or Alert Logic's connections to the Internet (or portions thereof). Although Alert Logic will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Alert Logic cannot guarantee that such events will not occur. Accordingly, Alert Logic disclaims any and all liability resulting from or related to such events.
VII. EVAULT Terms and Conditions
- EVAULT Terms and Conditions can be found at http://lts2.evault.com/general-terms-conditions/
VIII. Veeam End User License Agreement
- Veeam End User License Agreement can be found at https://www.veeam.com/eula.html
IX. Zerto Terms and Conditions
- Zerto Terms and Conditions can be found at http://www.zerto.com/zerto-terms-and-conditions-product/
X. VMware End User License Agreement
- VMware End User License Agreement can be found at https://www.vmware.com/download/eula
XI. Vision Solutions Double-Take Software Products End User License Agreements
- Vision Solutions Double-Take Software Products End User License Agreements can be found at http://www.visionsolutions.com/company/end-user-license-agreements
EATEL Business does not issue payment refunds. Service Level Credits in favor of Client shall be counted against the Service Fees for the applicable month