Acceptable Use Policy (AUP)
Report abuse incidents (Warez, Spam/UCE, hack attacks etc.) by logging a ticket at http://support.solutrix.net/
ABUSE at Solutrix.com
ACCEPTABLE USE POLICY / TERMS AND CONDITIONS
The following issues are handled with a zero-tolerance attitude and are not allowed on our networks. Failure to comply will result in immediate termination of any contract, with no refunds or access to data. Illegal activity and blatant disregard for state and/or federal laws may result in a report being filed with the appropriate authorities.
Spam / UCE. (If you wish to send newsletters or mass-mailings using our network, you must comply with all industry-standard rules and regulations. Solutrix must be notified in advance before contract signing if these types of activities will be undertaken using the purchased services, or termination may result.)
Pornography of any kind
Forums on which illegal activity takes place (including but not limited to, warez/torrent sharing)
Websites on which spyware, adware or harmful/malicious software and/or scripts are hosted, with the intent of infiltrating a visitor's computer
Websites on which terrorism is promoted or threats against the United States of America and/or its government are posted
Websites on which instructions for performing any illegal activity are distributed
Hacking/Hacker websites or websites containing information or software tools intended to facilitate unauthorized access to any computer or network system
Acceptance: This document is an offer by SOLUTRIX LLC ("SOLUTRIX") to you (the "CUSTOMER") which will become an Agreement when executed by both parties. It is agreed that sales are made only on the terms and conditions contained herein.
Confidential Information: If either party, as a result of this Agreement, acquires information about the business or affairs of the other party, such information (i) shall not be disclosed to any third party other than in accordance with this Agreement or with the consent of the other party; (ii) shall be protected by the party acquiring it in the same manner it protects its own confidential information for a period of five (5) years from the date of this Agreement. The obligations contained in this paragraph do not apply to information which is (i) in the public domain or which comes into the public domain without breach of this Agreement; (ii) derived or received lawfully and independently of this Agreement; or (iii) required by law to be disclosed.
Content: CUSTOMER is expressly prohibited from using the Corporate Internet Application Service - development or hosting - for any activity that is unethical, offensive or otherwise contrary to acceptable norms of business activity.
Payment: All billing will be monthly payable in advance, unless otherwise indicated in a written proposal. Payment of CUSTOMER'S service bill, including all applicable taxes, is due on the date indicated on the bill. Balances which remain unpaid on the next bill date may accrue late payment charges at the highest rate permitted by applicable laws. A fee up to the highest amount permitted by applicable law will be charged for all returned checks.
Assignment: This Agreement is not assignable by CUSTOMER without the prior written consent of SOLUTRIX. Any attempt to assign any of the rights, duties, or obligations under this Agreement without such consent will, at SOLUTRIX's option, be deemed void or a default, or accepted in SOLUTRIX's sole discretion.
Entire Agreement: This Agreement supersedes all prior or contemporaneous proposals and negotiations and constitutes the entire agreement between SOLUTRIX and CUSTOMER with respect to application development and application hosting. Any modification of this Agreement must be in writing and executed by an authorized representative of the party against whom enforcement is sought.
Governing Law: This Agreement shall be governed by the laws of the Commonwealth of Virginia, except as to copyright and trademark matters, which are governed by United States laws and international treaties, and any action brought by CUSTOMER under this Agreement or related to the Software or services provided under this Agreement shall be brought exclusively in the state or federal courts situated in Norfolk, Virginia, USA. CUSTOMER irrevocably consents to the venue and jurisdiction of such courts for all legal actions between the parties.
Ownership: By virtue of this Agreement, CUSTOMER acquires the right to use the Application Development Software (the "Software"), but does not acquire any rights of ownership. Subject to the rights granted under this Agreement, all rights, title, and interest in the Software and accompanying documentation shall at all times remain the property of SOLUTRIX.
Material Provided: SOLUTRIX shall provide CUSTOMER with one (1) executable copy of the Software.
Limited Warranty: SOLUTRIX warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of one (1) year from the date of CUSTOMER receipt of the initial delivery. THERE ARE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, THE SERVICES TO BE PROVIDED BY SOLUTRIX UNDER IT, OR ANY SOFTWARE PROVIDED BY SOLUTRIX UNDER IT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.YEAR 2000 PROTECTIONS. SOLUTRIX warrants that the Software shall have four digit year fields and other necessary design features so as to make the Software year 2000 compatible, and shall experience no operational difficulties, including but not limited to any interruption of service or impairment of function, as a result of any date change involving the calendar year 2000 or any other calendar year whether before or after the year 2000.
CUSTOMER REMEDIES. SOLUTRIX's entire liability and CUSTOMER's exclusive remedy shall be, at SOLUTRIX's sole option, either (a) return of the price paid for the Software, or (b) repair or replacement of the Software that does not meet SOLUTRIX's Limited Warranty and which is returned to SOLUTRIX. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder or the original warranty period or thirty (30) days, whichever is longer.
WARRANTY OF TITLE. SOLUTRIX shall indemnify and hold CUSTOMER harmless from and against all claims, liability, loss, damage or expense, including reasonable legal fees, arising from any actual or claimed infringement of any trademarks, patent, copyright, or other intellectual property rights with respect to the Software as delivered to CUSTOMER by SOLUTRIX.
NO LIABILITY FOR CONSEQUENTIAL OR OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall SOLUTRIX or its suppliers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this SOLUTRIX product, even if SOLUTRIX has been advised of the possibility of such damages.
Term: The initial term of this Agreement shall be for a period of twelve (12) months and commence when the Application Hosting Services are first made available to CUSTOMER and shall continue until terminated as provided below. After the initial term, this Agreement shall automatically renew for additional successive terms of twelve (12) months The Agreement may be terminated by either party at the end of the term with ninety (90) days notice. In its discretion, SOLUTRIX may terminate service at any time for non-payment of bills more than thirty (30) days past due, and in such event, shall be entitled to recover any expenses associated with it collection effort. SOLUTRIX shall have the right to change the fees charged for the specified service upon ninety (90) days notice to CUSTOMER, and CUSTOMER shall thereupon be entitled to terminate the agreement by notice to SOLUTRIX within forty-five (45) days of such notice.
Data: By virtue of this Agreement, CUSTOMER acquires the right to the data stored on the Application Host server specifically related to the Application Hosted Software. Upon termination in accordance with the Agreement, if CUSTOMER is current with payment of accounts, the stored data shall be transferred to the CUSTOMER. If CUSTOMER account is terminated for failure to pay any fees or charges when due, the data will be deleted 45 days after inactivation or the data will be released to CUSTOMER when the account is made current, but not later than 45 days after inactivation.
Data transfer/storage allowance: Within ten (10) days after the end of each monthly service period, SOLUTRIX will review the actual data transfer and data storage usage for the period. SOLUTRIX will inform CUSTOMER when the actual usage exceeds the then current monthly service fee allowance. If actual usage exceeds the then current monthly service fee allowance, the next invoice and each subsequent invoice will be based upon actual usage.
Sample of basic SLA. ALL SLAs
are customized for each customer. Existing customers: refer to your
contract or customized SLA.
SOLUTRIX SHALL USE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN 99.9% OR BETTER SERVICE AVAILABILTY FOR CLIENT PURCHASED COVERED SERVICES; HOWEVER CONTINUOUS EFFORT IS MADE TO ATTAIN 100% SERVICE AVAILABILITY FOR THE CLIENT. THE FACIILITY IMPLEMENTS STRICT SECURITY, STATE-OF-THE ART MONITORING, FIRE SUPPRESSION, HVAC SYSTEMS, N+1 REDUNDANCY, BACKUP GENERATORS AND DIVERSE ROUTES TO THE INTERNET. SOLUTRIX-HOSTED SOFTWARE / WEB APPLICATIONS MAY ALSO BE PROTECTED BY REDUNDANT / LOAD-BALANCED FIREWALLS.
IF DOWNTIME [DEFINED AS AN INTERRUPTION OF POWER AND/OR INTERNET CONNECTIVITY SPECIFIED TO BE PROVIDED UNDER THIS CONTRACT] IS EXPERIENCED BY THE CLIENT, AND THE FAULT LIES WITH INFRASTRUCTURE OWNED / OPERATED BY SOLUTRIX, OR MANAGED HARDWARE PROVIDED BY SOLUTRIX [TO INCLUDE FIREWALLS, IDS/IPS APPLIANCES, LOAD-BALANCERS, AND SIMILAR DEVICES], OR MANAGED SERVICES PROVIDED BY SOLUTRIX, THE CUSTOMER WILL BE REFUNDED A PORTION OF THE MONTHLY RECURRING CHARGE FOR EACH WHOLE MINUTE OF DOWNTIME, DETERMINED BY DIVIDING THE MONTHLY RECURRING CHARGE SPECIFIED IN THIS CONTRACT BY THE NUMBER OF MINUTES IN A 30-DAY PERIOD.
SOLUTRIX'S SOLE LIABILITY TO CUSTOMER FOR ANY INTERRUPTION IN APPLICATION HOSTING IT FURNISHES CUSTOMER SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE CHARGE FOR THE PERIOD OF SAID SERVICE FAILURE, INTERRUPTIONS OR DELAY. IN NO CASE SHALL THE CREDIT EXCEED THE MONTHLY APPLICATION HOSTING CHARGE. THIS IS SOLUTRIX'S COMPLETE AND ONLY LIABILITY TO CUSTOMER FOR SERVICE INTERRUPTIONS.
NO CREDIT ALLOWANCE WILL BE GIVEN FOR INTERRUPTIONS CAUSED BY CUSTOMER'S NEGLIGENCE OR BY CUSTOMER'S WILLFUL ACTS, OR FOR INTERRUPTIONS CAUSED BY FAILURE OR SERVICES OTHER THAN SOLUTRIX'S SERVICE OR SYSTEM FAILURE.
SOLUTRIX SHALL NOT BE RESPONSIBLE FOR DOWNTIME CAUSED BY FAILURE OF CLIENT'S CPE [CUSTOMER PREMISE EQUIPMENT] OR CO-LOCATED EQUIPMENT. IF AT THE TIME OF THE FAILURE OF CPE OR CO-LOCATED EQUIPMENT, CLIENT AGREES TO THE HOURLY CHARGES SPECIFIED IN THIS CONTRACT, SOLUTRIX WILL REPAIR/REPLACE/TROUBLESHOOT CLIENT'S EQUIPMENT USING ALL COMMERCIALLY REASONABLE EFFORTS AND METHODS. CLIENT WILL BE RESPONSIBLE FOR THE COSTS INCURRED TO OBTAIN ANY SPARE PARTS OR SERVICES USED TO RESTORE OPERATIONAL STATUS TO THE CPE OR CO-LOCATED EQUIPMENT.
NO CREDIT ALLOWANCE WILL BE GIVEN FOR INTERRUPTIONS CAUSED BY SCHEDULED SYSTEM MAINTENANCE, OR EMERGENCY SYSTEM MAINTENANCE, WHEREBY THE CLIENT IS GIVEN REASONABLE ADVANCE NOTICE OF AT LEAST (30) CALENDAR DAYS OR MORE. SOLUTRIX WILL MAKE EVERY EFFORT TO PREVENT MAINTENANCE ACTIVITIES FROM INTERRUPTING THE CLIENT'S SERVICE. SOLUTRIX MAY, AT ITS DISCRETION, REFUND ALL OR A PORTION OF THE CLIENTS MONTHLY RECURRING CHARGE [FOR THE MONTH IN QUESTION] IF SCHEDULED SYSTEM MAINTENANCE OR EMERGENCY MAINTENANCE CAUSES THE CLIENT TO EXPERIENCE DOWNTIME.
SOLUTRIX SHALL NEVER INTERRUPT CLIENT'S SERVICE FOR MAINTENANCE, EXCEPT TO PROTECT CLIENT FROM FUTURE DOWNTIME OR CATOSTROPHIC EVENTS, AND WHILE CUSTOMER HAS BEEN GIVEN ADVANCE NOTICE AS SPECIFIED ABOVE.
IN NO EVENT SHALL SOLUTRIX BE LIABLE FOR INTERRUPTIONS OR DELAYS IN TRANSMISSION, OR FOR ERRORS OR DEFECTS IN TRANSMISSION, OR FOR FAILURE TO TRANSMIT WHEN ANY SUCH PROBLEMS ARE CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, AND GOVERNMENT AUTHORITIES OR BY OTHER CAUSES BEYOND SOLUTRIX'S CONTROL.
Limitations of Remedies: In event that Solutrix breaches its obligations under this agreement, As CUSTOMER's sole and exclusively remedy. SOLUTRIX under written notice from CUSTOMER specifying the nature of the default in reasonable detail shall work diligently to cure the default as soon as commercially reasonable. CUSTOMER will have the service credits as stated in SLA. Provided CUSTOMER is in good standing with no Past Due amount owed to SOLUTRIX. CUSTOMER shall have the indemnification remedies specified in this agreement.
Effect of Termination: With a successful end of contract, Solutrix will remove equipment from racks for customer if in a shared environment for immediate extraction. Solutrix may transport the Customer's equipment to the warehouse at 2609 Production Road, Virginia Beach, VA 23454, where the Customer can take possession of the equipment. Customer is responsible for transport of equipment from the warehouse to any other destinations. Customer must take possession of equipment within (60) days or Solutrix may asses a storage fee at its discretion.
Solutrix respects the privacy of its customers and and is committed to protecting their private and personal information. We do not collect personally identifiable information from website visitors, only the IP Address, Browser type, length of session and use this information to provide reporting on website traffic. Solutrix closely guards customer information and does not allow access by unauthorized parties. We take steps (such as SSL and DES encrpytion) to secure any customer data transferred to or from our servers is protected. Our internal security policies heavily restrict who can access resources within the company. Sensitive information such as credit card numbers are not retained after a transaction. Solutrix does not trade, sell or rent customer information to other parties. We reserve the right to change, review or update this policy at any time.
(C) SOLUTRIX, LLC
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