Emerald Data Solutions, Inc. (Emerald)
Acceptable Use Policy ("AUP")
The following constitute violations of Emerald's AUP and may result in termination of all services.
Using Emerald's services for illegal purposes or in support of illegal activities.
Emerald reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities that are prohibited as potentially illegal include, but are not limited to:
- Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
- Exporting software or technical information in violation of U.S. export control laws.
- Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
- Threatening bodily harm or property damage to individuals or groups.
- Use of the Emerald’s Services to fraudulent offers of products, items, or services.
- Attempting to access the accounts of others, or attempting to penetrate security measures of Emerald's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
- The unauthorized use of a person's name or likeness.
Accounts, Passwords and Identity
Revealing your account password to others or allowing use of your account by others is prohibited. There may be no simultaneous use of the same username and password combination without prior consent of Emerald.
Users are also prohibited from distributing viruses to or from Emerald's network.
Emerald has no practical ability to restrict all conduct, communications, or content which might violate this Policy prior to its transmission on Emerald's systems, nor can Emerald ensure prompt removal of any such communications or content after transmission or posting. Accordingly, Emerald does not assume liability to staff members, users or others for any failure to enforce the terms of this Policy.
Service Level Agreement ("SLA")
This SLA by and between Customer and Emerald describes the required availability and other matters relating to the Services.
SERVICE AVAILABILITY GOAL
Emerald's goal is to maintain service availability 100%.
All components of the Emerald IP Network (e.g. Routers, Servers, Circuits, loops) and Emerald-hosted applications are included in the determination of Service Availability.
SERVICE AVAILABILITY MEASUREMENT AND REMEDIES
Service Downtime is measured based on the total outage time incurred by Customer. Service Downtime will exist when a particular Customer site (the "Affected Service") is unable to be accessed from the Global Internet and Emerald records such failure in the trouble ticket system.
Service Downtime is measured from the time the trouble ticket is opened to the time the Affected Service is again to be accessed from the Global Internet. Upon Customer’s written request to the Emerald’s Technical Support Department made within five (5) business days of the last day of the month in which the Network Downtime occurred, Emerald will provide a service credit equal to the pro-rated charges for one day of Services for the Affected Service for each cumulative hour of Network Downtime.
SERVICE CREDIT EXCEPTIONS
Service credits will not be available to Customer in cases which the Service is unavailable as a result of (i) the acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of equipment, applications or systems not owned or controlled by Emerald, (iii) circumstances or causes beyond the control of Emerald, including instances of Force Majeure, or (iv) scheduled service maintenance, alteration, or implementation.
MAINTENANCE WINDOW DEFINITION
Maintenance performed by Emerald will be classified as one of the following two (2) types:
Normal Maintenance will refer to: (i) upgrades of hardware or software; or (ii) upgrades to increase capacity. Normal Maintenance while being conducted may degrade the quality of the Services provided which may include an outage of the Services; provided, however, that an outage related to Normal Maintenance will not be deemed to be Network Downtime. Normal Maintenance will be undertaken by Emerald only on Sunday morning between the hours of 12:00 AM and 6:00 AM Local Time and on Wednesday morning between the hours of 12:00 AM and 6:00 AM Local Time. For purposes of this SLA, "Local Time” will refer to the local time in the time zone in which an Affected Service is located; provided, however, that if Affected Service is located in multiple time zones, Local Time will refer to Eastern Standard Time. Emerald will provide two (2) days prior notice of Normal Maintenance.
Urgent Maintenance will refer to efforts by Emerald to correct Emerald IP Network or Hosted Hardware conditions which are likely to cause a material Service outage and which require immediate correction. Urgent Maintenance, while being conducted, may degrade the quality of the Services provided which may include an outage of the Services. An outage related to Urgent Maintenance will be deemed an outage for purposes of calculating Service Downtime and Service Availability. Emerald may undertake Urgent Maintenance at any time Emerald deems necessary. Emerald will provide notice of Urgent Maintenance to Customer as soon as is commercially practicable under the circumstances.
MAXIMUM CREDITS AND TERMINATION OPTION
In the event that Customer is entitled to multiple credits under this SLA arising from the same event, such credits will not be cumulative and Customer will be entitled to receive only the maximum single credit available for such event. Under no circumstances will Emerald be required to credit Customer in any one calendar month charges in excess of seven (7) days of service. A credit will be applied only to the month in which the event giving rise to the credit occurred. Notwithstanding the foregoing, in the event that, in any single calendar month, either (A) Customer would be eligible to receive credits totaling fifteen (15) or more days (but for the limitation set forth in this section) resulting from three (3) or more events during such calendar month, (B) any single event entitling Customer to credits under the section entitled "Service Availability Goal" above exists for a period of eight (8) consecutive hours, or (C) any number of events entitling Customer to credits under "Service Availability Goal" above exists for an aggregate of forty-eight (48) hours, then, Customer may terminate this agreement for cause and without penalty by written notice to Emerald within five (5) business days following the end of such calendar month. Such termination will be effective forty-five (45) days after receipt of written notice by Emerald. The provisions of this Service Level Agreement state Customer's sole and exclusive remedy for service interruptions or service deficiencies of any kind whatsoever.
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