Managed Local Area Network Terms and Conditions
Managed Local Area Network (Managed LAN) Terms and Conditions
EATEL's Managed LAN Service Includes the Following:
- Pre-implementation site survey to determine wiring and power requirements, IP addressing, network topology, and configuration of routers, Ethernet switches, VPN concentrators and firewalls.
- Optional pre-implementation consulting to determine and test authentication methodology for SSL VPN services if applicable
- Onsite professional installation by trained Provider technicians or contractors
- Post installation testing and acceptance
- Network and firewall configuration changes during normal business hours
- Remote fault monitoring, software update and patching, and configuration change support
- Remote and onsite troubleshooting of routing, switching, SSL remote access VPN, and firewall related issues
- When Client subscribes to inside wire maintenance, onsite troubleshooting of physical issues between Provider's Managed LAN equipment and the Ethernet termination handoff point to the Client's equipment up to the switch port.
EATEL's Managed LAN Service Excludes the Following:
- Support and troubleshooting on Client owned servers, desktops computers, laptops, workstations, printers, copiers, fax machines, or other networked devices attached to the Client's LAN.
- Configuration, management, maintenance, and support of any equipment not expressly provided by Provider for use with the Provider's Managed LAN service
- Application support
- Anti-virus software or malware detection software
- Internet connectivity
- Active monitoring of all services
Physical Security and Changes to Security: Client shall be responsible for securing the premises and any and all Provider equipment located on the premises. Client understands that, should it request or make any changes to its firewall of VPN equipment or services, that such changes may result in a lower level of security and may allow unsecured access to its network. In the event of any such change, Client acknowledges and agrees that it shall assume all risks and liabilities associate with or resulting from such changes. Any change of services requires that Client initiate a service order that is reviewed and approved by Provider.
Firewall Services: A firewall is a combination, in whole or in part, of hardware and software which is intended to limit the exposure of a computer or computer network against unauthorized access from outside by providing a single point of entry and a passive defense system at that point of entry by providing controlled access. The Provider Managed LAN service is designed to provide network and resource access control and manage the public access points to a computer network. Firewall technology in itself is not foolproof and no firewall technology provides an absolute deterrent or barrier to unauthorized entry.
Remote Access SSL VPN Service: Remote Access VPN service enables Client's mobile or remotely connected employees to securely connect to the corporate VPN network via a software client and authentication to the VPN tunnel terminating device located on the customer premise. Provider's SSL VPN concentrator will authenticate to the customer's authentication platform.
Title, Control, use and Risk of Loss of CPE
Title. The Services and all such related materials are for Client's legitimate business use only.
Client Premise Equipment (CPE). Title to and/or ownership of any CPE provided to Client by Provider and/or its licensors under a rental option shall remain with Provider or such licensors as appropriate. Client agrees not to tamper with, modify, make error corrections, or otherwise alter any CPE provided to Client under a lease or rental option, nor permit third parties not authorized by Provider or the CPE vendor to do the same. All such leased or rented CPE must be returned to Provider upon termination of the Services for any reason. Client must contact Provider within thirty (30) days of such termination (unless contacted earlier by Provider) to schedule pickup of CPE, or Client shall be deemed to have purchased such CPE and shall be invoiced for the replacement cost of such CPE.
Control and Use of CPE. Client agrees that it shall be bound by any vendor specific license terms and conditions related to any CPE. Where required by a vendor(s), such license terms shall be attached hereto as License Attachments to this document (the "License Attachment(s)"), and made a part of the Agreement. Client acknowledges receipt of any such applicable License Attachment(s) and its responsibility to comply with the terms of such License Attachment(s) and assume all liability for compliance with such terms, including but not limited to, (a) informing all Client end-users of the terms of the License Attachment(s); (b) monitoring use of the CPE to ensure compliance with the terms thereof; and (c) maintaining the distribution and security of any user identification and/or passwords necessary to access any CPE. Provider disclaims all liability to vendors for breaches of such License Attachment(s) by Client.
Client agrees not to reverse engineer, de-compile, disassemble, translate, modify, alter or change the Services, the CPE, or any component of either, or otherwise obtain or attempt to obtain any technology (including encryption technology) or source code for any hardware or software that may be provided with the Services or CPE. Client acknowledges that the hardware and software provided under this Exhibit or utilized with the Services provided under this Exhibit may be subject to third party license terms, and/or U.S. export laws and regulations and that any transfer (whether directly or by products incorporating the technology) must be authorized under those laws and regulations. Client agrees not to copy, sell, assign, transfer, sublicense, export or distribute any hardware, software, documentation or other materials that Provider may provide related to the Services. Title to such software, and all related technical know-how and intellectual property rights therein are and shall remain the exclusive property of Provider and/or its suppliers. Client shall not take any action to jeopardize, limit or interfere in any manner with Provider and its supplier's ownership of and rights with respect to any licensed software.
Risk of Loss of CPE. Risk of loss of CPE or damage to any CPE, provided to Client on a rental basis as an integral part of Provider Managed LAN service and is assumed by Client, except when such damage is caused solely by Provider in the installation or maintenance of such CPE. Provider retains title and all rights to such CPE.
DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDY
CLIENT ACKNOWLEDGES THAT DATA TRANSMISSION SECURITY SERVICES SUCH AS THOSE PROVIDED VIA MANAGED LAN SERVICES ARE NOT FOOLPROOF AND, THEREFORE, ARE NOT GUARANTEED. IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS, NEITHER PROVIDER NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO DATA) RELATING TO OR ARISING FROM THE USE OF THE SERVICES PROVIDED HEREUNDER.
CLIENT UNDERSTANDS AND AGREES THAT PROVIDER IS PROVIDING SERVICES, AND ANY RELATED HARDWARE, SOFTWARE AND DOCUMENTATION TO CLIENT AND CLIENT HEREBY WAIVES ANY LIABILITY AGAINST PROVIDER AND AGREES TO HOLD PROVIDER HARMLESS FROM ANY AND ALL LIABILITY ARISING FROM LOSS OR DAMAGE DUE TO DELAY OF SERVICE COMMENCEMENT OR INABILITY TO PROVIDE THE SERVICE, FAILURE OF ALL OR PART OF THE SERVICE, INCLUDING ANY BETA SERVICE, OR ANY RELATED SERVICE PROVIDED HEREUNDER.
PROVIDER PROVIDES, AND CLIENT HEREBY ACCEPTS, ANY PROVIDER OR THIRD PARTY HARDWARE OR SOFTWARE PROVIDED TO OR USED BY CLIENT IN CONNECTION WITH THE SERVICES "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING HEREIN SHALL BE INTERPRETED TO ENHANCE OR CREATE ANY WARRANTY WITH RESPECT TO ANY THIRD PARTY SOFTWARE. PROVIDER DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE DELIVERY, INSTALLATION, SUPPORT OR USE OF ANY SOFTWARE. PROVIDER ASSUMES NO OBLIGATION TO CORRECT ERRORS IN ANY SOFTWARE. CLIENT UNDERSTANDS AND ACCEPTS ALL RESPONSIBILITY FOR ANY SOFTWARE MEETING CLIENT'S REQUIREMENTS OR EXPECTATIONS.
NEITHER PROVIDER NOR ANY OTHER PARTY MAKES ANY WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER'S LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE FEES, IF ANY, PAID BY CLIENT TO PROVIDER UNDER THIS AGREEMENT. IN NO EVENT SHALL PROVIDER OR ANY OF ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
Provider is NOT Responsible for:
a. Ensuring that Client's applications are performing properly across the VPN
b. Latency across the VPN if either end of the VPN does not utilize Provider Dedicated Internet Access
c. Resolving incompatibilities between Client workstations and the selected VPN software
d. Being in any way responsible for the applications within the Client's LAN or traversing the VPN.
e. Opening trouble tickets for remote access end users.
Client is Responsible for:
f. Designating a technical point of contact to work with Provider to lend support for a successful implementation.
g. Providing Provider with all required Network information to successfully complete the Site Survey as a basis for the Service implementation. Client will incur a charge for any information omitted during the Site Survey, whether intentional or accidental, that requires additional Provider services.
h. Enabling Provider field personnel or Provider designated party to access the premise(s) as required for Site Survey or CPE installation & trouble shooting.
i. Cooperate in scheduling installations as required by Provider field personnel.
j. Providing Provider with a complete list of LAN applications.
k. All server configurations.
l. Directing the Provider engineers to open necessary ports according to how their servers are configured and providing Provider with any compliancy documents when it applies to configuring, installation and support of Client LAN.
m. Application support for Client LAN and all its servers and LAN hosts.
n. IT support and troubleshooting on Client owned servers and workstations.
o. Configuration, management, maintenance, and support of any equipment not expressly provided by Provider for use with the Provider Managed Security.
p. Designating an Administrator support contact for all remote access VPN end users and providing support to remote access VPN end users – Provider will not open trouble tickets for end-users that utilize the remote access VPN
q. The performance of its applications across the network
r. Providing and maintaining inside wiring facilities to extend the leased line circuit from the DEMARC point of entrance to the location where the CPE is to be installed, unless customer has Provider’s inside wiring maintenance service plan.
s. Configuration Change Management: Client will need to open a trouble ticket with Provider Client Care and provide all required configuration change information for assessment and impact onto the Client Network. After evaluating, Provider will provide recommendations, and if deemed feasible, Provider will implement such changes. Furthermore, Client needs to notify Provider of any configuration changes on the Client LAN Network. Such configuration changes may have negative impact on provided Provider Services and require evaluation before Client implements such changes.