Terms and Conditions This agreement is between you, the subscriber to the AWENSA Products and Services, and AWENSA, the service provider. AWENSA provides Cloud Based products and environments to individual, academic and business users. AWENSA reserves the right to refuse service to, suspend or cancel any client's access to any portion or all servers or AWENSA services when AWENSA deems that the account has been used inappropriately. Maximum Uptime Network Guarantees Individual Cloud Services - 99% guaranteed uptime. Business Cloud Services - 99% guaranteed uptime. 30-Day Money Back Guarantee AWENSA Service Plans include a 30-day money back guarantee. If you are dissatisfied with your first months service for any reason, you will receive a full refund (minus third party fees and expenditures) if you cancel your account within 30 days of the activation of your account (The 30 day money back guarantee does NOT apply to third party fees, applications or licenses). Domain Hosting AWENSA will host subscriber domains for business & academic hosting accounts with at least 10 users, have specific security requirements and/or mail service hosting with AWENSA. It is strongly recommended that you make AWENSA the Technical Contact for your domain during its residence within the AWENSA environment. Data Backups SharePoint and Storage Content Due to the security nature of the Awensa Cloud, no Awensa personnel have singular access to your data storage or content locations. Therefore, the client is ultimately responsible for keeping their most current files or emails backed up (successively or versioning). AWENSA provides fault tolerance, high availability and catastrophic recovery of the datacenter network and its infrastructure; including last known good configuration for all datacenter customers. AWENSA is in no way responsible for any lost, corrupt, damaged, or mismanagement of information or data by the customer or its users. Awensa, in no way represents that it will have or make available a customer s most recent data for any use whatsoever; this is the responsibility of each customer and their users individually.
Backup and Restore Should any data need to be recovered from AWENSA s storage locations and you are unable to access the information, there will be a nominal charge. AWENSA does not guarantee to possess the most current copy of a client s files or emails. Disaster Recovery Backups Data Storage Backups AWENSA performs backup snapshot operations through replication on a continual basis between SANs. This is the industry standard method of backing up hosted services data. This minimizes the customer impact in the event AWENSA suffers a catastrophic system failure or other event that requires the recovery of an entire SAN store. If a customer needs a specific backup file, due to no fault of AWENSA, we may charge a service fee for this recovery service. Due to the nature of this backup technology, our engineers are not typically able to restore data from an individual storage location within a database. Customers who need the ability to restore individual user data from a database, should consider deploying their own file level backup service (on the Awensa network as permitted or on the customers own infrastructure). Exchange Hosting Backups AWENSA performs backup operations through replication on a continual basis between SANs. This is the industry standard method of backing up hosted Microsoft Exchange Server data. A mail store is the email database that contains numerous mailbox accounts. This protects the customer in the event AWENSA suffers a system failure or other event that requires the recovery of an entire mail store. Due to the nature of this backup technology, our engineers are not able to restore data from an individual mailbox. Customers who need the ability to restore individual user data from a backup should consider their own archiving service policies. Payment Policy All services are billed on a monthly basis and are prepaid. AWENSA accepts the following credit cards: o Visa, MasterCard, Discover and American Express. o Credit card users should be aware that their payment will appear as "AWENSA" on their credit card statement. Interest on unpaid accounts Any amounts not paid by the due date shall be charged an additional five dollar ($5) late fee for each month or fraction of a month that the payment is received after its due date. If you are late in paying more than one
payment and pay less than all amounts due at the time a payment is received by AWENSA, amounts received shall be applied first to the oldest amounts due and then to the next oldest, and so on. Additional Services Additional services can be added at any time. When a service is added, the client is assessed charges for the current date of purchase and every upcoming month until the service is canceled or not renewed. Renewal and Billing Schedule All accounts will be automatically billed monthly unless cancellation is received from subscriber 15 days prior to lapse date. Credit cards are charged at the beginning of the new billing cycle Credit Card Failures In the event of any credit card failure, a notice will be sent to the billing contact via email. If the credit card continues to fail and alternate payment is not obtained, the account will be suspended. Account Reactivation If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non refundable reactivation of $99 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges, if applicable. If you would like the original site rebuilt once your account returns to a good standing status, there is an additional data recovery fee of $149.00 per hour of NOC technicians time in coordinated setup operations with your staff. If an account was cancelled due to policy violation, AWENSA will not reactivate the account. Foreign Countries AWENSA welcomes orders from any country. All payments are in US Dollars. Any ordered products or services cannot be started until full payment has been received and cleared by AWENSA s bank.
Refunds Setup fees are non-refundable License fees are non-refundable Purchased SSL certificates or Web hosting plans that include a bundled SSL certificate are non-refundable and client must pay AWENSA the retail value for the SSL certificate. If AWENSA terminates an account due to policy violations, there will be no refund. Cancellations If you would like to cancel your account for any reason, please send an email to support@awensa.com. Please include the following in your email: Violations 1. Email address we have on file for your account 2. Domain user name(s) for the services you are canceling 3. Date you would like to cancel the service 4. Reason for canceling AWENSA has the right to terminate or refuse service to anyone and reserves the right to immediately discontinue service to anyone violating its policies. If an account is terminated for a policy violation there will be no refund. The Acceptable Use Policy violators may be assessed a five hundred dollar clean up fee. AWENSA reserves the right to delete the policy violating content without notice. AWENSA prohibits sites engaged in: Illegal Activities Including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband. Ecommerce Customers / SharePoint Sites engaging in E-commerce Hosting Plans. Ecommerce site is defined as a Web site that lists any product or service for sale. Excessive (determined by AWENSA ) affiliate linking unrelated to your primary business is also prohibited. Adult Content The determination of what is "adult content" and prohibited shall be solely made by AWENSA. Gambling Content The determination of what is "gambling content" and prohibited shall be solely made by AWENSA. Internet Abuse Including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, crossposting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming or verbally abusing support staff. Spammers may be charged up to $5,000 for cleanup fees and may face criminal prosecution.
Spamming Sending spam (unsolicited electronic mail) through the AWENSA system is not permitted and will not be tolerated. AWENSA defines spam as "the sending of bulk e-mails or the sending of e-mail to users that have not explicitly asked to receive the sender s message." AWENSA will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending spam/bulk e-mails. We reserve the right to suspend or cancel AWENSA accounts that send bulk or unwanted junk mail (spam). AWENSA reserves the right to limit the number of outgoing recipients of an individual email message to one hundred (100). Systems Abuse Including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, redirects/masking or non-awensa DNS service without express permission of AWENSA, installing continuously running programs, such as IRC bots, and reselling CGI scripts. Uploading Unsupported Databases Clients who have uploaded database(s) to the server environment, and whose hosting plan does not support database(s), will be notified via email. Client will have 5 business days to remove database(s) or be automatically moved to the appropriate plan meeting the client's quota needs. Reselling Reselling hosting services or hosting multiple SaaS services without the express permission of AWENSA is strictly prohibited. For inquiries about becoming a member of the AWENSA Partner or Affiliate Networks, you can email each department respectively: AWENSA Partner Network: partner@awensa.com AWENSA Affiliate Network: affiliate@awensa.com Using DNS techniques such as redirects, masks, forwards, etc... to direct top/2nd/3rd level domains, subdomains, IPs inside or outside the AWENSA Hosting Network, to any folder, subfolder, sub Web or content outside the root of the domain on record, is prohibited. Sub webs within SharePoint sites not related to the site (for example, another company) are expressly prohibited. Each unique SharePoint site must have its own hosting plan. Overages Clients exceeding their monthly hard disk space usage or transfer quota will be notified via email and will have 2 options. 1. Pay the overage 2. Move to the next highest hosting plan meeting their current quota demands. If client does not respond within 5 business days of notice, the second option will be exercised on their behalf.
Support Parameters Free Technical Support is provided during normal business hours via phone, remote assist and email for all customers. Technical support emails will be answered within 1 business day or followed up with tiered phone support. Most support issues are resolved within 24 hours of each business day reported. Billing inquiries will be answered within 48 Hours of each business day. Client agrees not to spam or abuse support. Our Technical Support representatives are always willing to diagnose issues that are Awensa (i.e related to server connectivity, user ID and passwords, etc.). Diagnosing or correcting issues with third-party software, products or scripts is beyond the scope of free support. If you are experiencing problems that are a result of third-party software applications, we recommend that you contact the manufacturer directly. Our Technical Support staff is available to assist you with troubleshooting all of the areas listed below. Server Connectivity Server not responding by domain or IP address Inability to connect with domain or IP address Inability to upload files Inability to connect to your server Mail Server Verify that your domain can send and receive mail Verify the mail server is up Verify you can log on to your mail server Verify the mail server is functioning properly SharePoint Connectivity to the SharePoint Service talking/instructing the end-user logging into to the SharePoint server(s) Connectivity of standard tools to modify SharePoint Sites Creation and proper operation of SharePoint sub-sites and users Installation of SharePoint Standard Templates
Exchange Connectivity to the AWENSA service Configuration of Microsoft Outlook Account Software Creation of additional mailboxes, distribution lists, and user aliases Issues related to Public Folders Issues related to security settings within the exchange (server-side) environment DNS related issues. Support Expectations In order that you may be better able to plan the implementation of your Cloud services, here are examples of time frames you may expect. REQUEST TYPE ACTUAL TIME STIPULATION Zone file changes (DNS) 48 hours Please allow 72 hours for propagation before changes are effective. Domain name registration "SSL certificate" requests Plan changes upgrades, downgrades 48 hours 48 hours 24 hours Please plan on 2-3 days for your domain name to become active on your account. Before your domain transfers, you may use the numeric IP address to publish your files and set up your mail accounts. Transfers are normally processed within 3 days Request and SSL certificate installation is handled within 24 hours The customer is required to work with the company providing the SSL certificate; therefore the entire process may take up to 1 week. Allow 48 hours for DNS update before new hosting account can be accessed via IP #. Account cancellations 24 hours Accounts with open billing items may require extra time. System Updates The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes; therefore the update does not occur in the system instantaneously. AWENSA reserves the right to modify the processing times at any time without notice. If a client or AWENSA support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system.
Security and Reliability The security and reliability of the AWENSA Hosting and services is our highest priority. AWENSA works to maintain a fast, secure network and offer easy, hassle-free services. However, there are times when we cannot guarantee 100% reliability: Unusual Internet (pipe) congestion Automatic System Updates o AWENSA s servers regularly update themselves with patches and bug fixes. Occasionally, these patches/fixes can affect our servers in an unexpected, detrimental way. Many of these patches/fixes are installed automatically and cannot always be tested prior to their implementation. Terrorist Attack "Acts of God" e.g. Tornado, Hurricane, Earthquake, etc Virus/Worm/Denial of Service Attack You specifically agree that AWENSA cannot be held liable for any missing data, corrupted data, incorrect transmission of data, failure to provide service, delay of service provision or anything in any way connected to the AWENSA service in excess of the cost of service provided. Cumulative liability of AWENSA to a customer shall not exceed the total monthly service fee of the prior month s service. Transmission of Data You agree that AWENSA is not responsible for any unauthorized access or modification of your data stored by or transmitted via the AWENSA services. You also agree that AWENSA is not responsible or liable for any content sent using, or received from, the AWENSA services including that which may be illegal, obscene, defamatory, threatening or that may violate any trademark or copyright. Virus Policy The AWENSA service provides virus protection against incoming email viruses sent to your AWENSA addresses. All incoming messages to your AWENSA domain are scanned. It is our policy to delete affected attachments prior to delivery to your AWENSA mailbox. AWENSA virus protection uses the latest technologies to help ensure your protection. Our server software (virus patterns) is updated regularly. Virus protection is an ongoing process and it s impossible to protect against 100% of the virus threats and unfortunately we cannot be held responsible for new viruses that are not detected by our scanning software. Endusers are responsible for protecting their computers and ensuring they are virus-free. We recommend that each end-user run a local anti-virus software package on their PC for additional protection. AWENSA will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending virus-infected emails. Most viruses are transmitted by email, but not all. If your email software is connected to another email service other than AWENSA, it is possible that virus-infected email could be pulled into your AWENSA account from another service. AWENSA cannot be held responsible for virus-infected email originally sent to email services outside of AWENSA.
Passwords It is the end-user s responsibility to keep his/her password confidential, and to change the password on a regular basis. AWENSA is not responsible for any data losses or security issues due to stolen passwords. AWENSA recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. 12345, password, etc.). AWENSA support does not have access to viewing existing passwords. For security reasons, AWENSA support can only reset passwords. Size of Data and Mailbox (e-mail) Storage Each data folder and mailbox has a storage capacity or limit. This is done to protect your account and others from potentially large volumes of email sent to a single address that could disable or halt the email system server. Additional storage can be purchased by emailing or calling the Sales Team (sales@awensa.com ). It is the enduser s responsibility to ensure that his/her mailbox does not reach capacity. AWENSA is not responsible for email lost due to full mailboxes. We are not responsible for regulating your Drive or Storage Capacity. Overages will be billed, as audited, according to the standard monthly rates. Legal & Disclaimer Use of Microsoft Outlook Software AWENSA hosted Exchange service includes the licensing for Microsoft Outlook Software. The license fee is included with the monthly AWENSA service fee; however we may charge a nominal fee to ship the media to you, upon request. End-users are allowed to install the software one time and only on one PC for each AWENSA mailbox. Each end-user/individual using the AWENSA service must purchase an individual Subscriber Access License (SAL) otherwise known as a mailbox for this service paid monthly. Unfortunately, sharing of a single mailbox is not allowed unless additional licenses are purchased on a monthly basis for each user. If you cancel your AWENSA account you acknowledge that you are responsible for uninstalling any Microsoft Outlook client software that is licensed as part of the AWENSA service. License to AWENSA Customer hereby grants to AWENSA a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services under the Order: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and make archival or back-up copies of the Customer Content and the Customer Web site. Except for the rights expressly granted above, AWENSA is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer. Disputes: Governing Law This agreement will be governed and construed in accordance with the laws of the State of South Carolina, without regard to conflict of law s provisions. You and AWENSA agree that the South Carolina Circuit Court for the County of Charleston, South Carolina, USA, shall have exclusive jurisdiction over any dispute between you and AWENSA relating in any way to the AWENSA service or Web site or these Terms and Conditions. You and AWENSA expressly
and irrevocably consent to personal jurisdiction and venue in such court. You and AWENSA agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, no representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. Marketing Customer agrees that during the term of this Agreement AWENSA may publicly refer to Customer, orally and in writing, as a customer of AWENSA. Any other public reference to Customer by AWENSA requires the written consent of Customer. Intellectual Property AWENSA hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable AWENSA Technology solely for the purpose of accessing and using the Services. Customer may not use the AWENSA Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from AWENSA to Customer any AWENSA Technology, and all rights, titles and interests in and to the AWENSA Technology shall remain solely with AWENSA. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the AWENSA Technology. AWENSA s trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of AWENSA. Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of AWENSA. AWENSA shall maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by AWENSA to Customer. AWENSA may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses. Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Customer sends to AWENSA relating to the services will be treated as being non-confidential and non-proprietary. AWENSA may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever. Indemnification Client agrees to defend, indemnify and hold harmless AWENSA against any liabilities arising out of defective products sold to customers from AWENSA servers, personal injury or property damage caused by products or services sold or distributed from AWENSA servers, any material that infringes or allegedly infringes on the rights of a third party available from AWENSA servers, and any material that libels or allegedly libels a third party available from AWENSA servers.
Disclaimer AWENSA is not responsible for any damages to any client s business. AWENSA makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Uses of AWENSA s Internet and/or Cloud services are at the client s sole risk. AWENSA s services are provided on an "as is, as available" basis. AWENSA does not guarantee that our services will be uninterrupted or error free. AWENSA will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions. In no circumstance will AWENSA be liable for any claims resulting from the use or inability to use AWENSA s services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to AWENSA servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters. AWENSA reserves the right to revise our policies at any time. Last Revision Date: 10.15.10