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Assignment

The management of your business is your responsibility. If you change ownership, the Contract you agreed to becomes null and void, and a new Contract must be established. Contact the Activemode Network, if there is change in ownership, because the Contract you agreed to is still valid, until you cancel it, by contacting us, or the Contract ends because of non-payment.

Bankruptcy - Financial Wherewithal

As mentioned above under “Withholding of Services”, it is a paid service, and hardship or bankruptcy is not a valid reason for non-payment. As mentioned previously, the service will not continue if regular payments are not made. The business that runs on the server is yours, and does not belong to us, so there is no arrangement that can be made, to continue services for your business, if it’s not paid for.

Cloud Computing Agreement with the Activemode Network

For clarity, any term that refers to “Activemode Network” will be considered the provider of service, and may be termed as “we” or “us”. Also, any mention of the client (client name), may also be termed as “you” or “your”.

Customer Data

The information that is stored on the servers we manage may be encrypted. If the information is not encrypted as in pictures or images, all efforts will be made to ensure the information is kept secure, and only available to those registered, and signed into the website that is provided.

Data – Security, Redundancy, Ownership and Use Rights, and Conversion

Data Security -
In the event of a Security Breach, the Server may be shut down, and you the client will be notified of the event. Because the Internet is sometimes not a friendly environment, we must take every precaution to make sure the information you have is kept safe, and shutting down the Server is a part of that procedure. Sometimes the traffic can be redirected, but if the same information is at risk, then there’s no other way to keep your information safe, then shutting it down. In the case of Hackers attacking your Server, the 99.9% uptime agreement does not apply, but we will do whatever is necessary to keep the Server safe, until we can resolve the incursion. Keep in mind that this is a “Cloud Service” that your using, and the attackers could be anywhere on the Planet, just like the Data Centers that house the Servers.

Data Conversion

The Data and information that is stored on the Server and in the Application, is not changed in any way. Unless you have business needs that require conversion, the Data and information will remain the same as when you added it. The only exception is the encryption of sensitive information that must be kept safe at your request.

Data Ownership and Use Rights

The Server and the Application that runs on it belongs to the Activemode Network. The information or data you add or upload is your information, and it belongs to you. In any event where the Contract is ended, and you no longer use our service, the information and data will be returned to you, and the Server along with the Application will be removed, and no longer available. You do not have rights to the Server or the Application, only the information and the data that was added.

Data Redundancy

The Server and the Application that runs on it, may be Georedundant, if the business you have is International, and not just local. If you have an International business on the Internet, notify the Activemode Network so that we can ensure additional Data Centers are available to serve your needs.

Data Return Service Level

If the Contract ends, all Data that is stored on the Server will be returned to you the Client, within 24 hours, and the Server will be removed, and no longer accessible. The Server, and the Application that runs on it, will no longer exist. Keep in mind, that unless you decide to purchase the Application at full cost, you will not receive the Application that runs on the Server, only the information that was entered by you, or the people that use it. Just to be clear, the Application runs on the Server, and it’s there the first time you log into it. Any information added after someone logs in, is stored in the Application. The information stored inside the Application is yours, and it will be returned.

Disaster Recovery and Business Continuity

In the case of any unforeseen or unexpected disaster that includes shut down, or destruction of data stored on the server that is being managed, the information will be restored from a backup storage area, and the site will be reset as it was previously. Options for Monthly, Weekly or Daily backups are available

Fees

The fee for this Service is Pay-As-You-Go, meaning that you pay for each month of Service that you use the Server and the Application that runs on it. The payment for this Service is Monthly, and paid in advance for the following month. Just to be clear, the Service is paid for in the month in which you use it, and the next month will be paid for in advance.

Implementation

The Service as described, is a Web Server, along with an Application running on it, that allows you to run your business. Anything other than the Server and the Application will be an additional cost. If you decide to add additional services that connect and work with the application, contact the Activemode Network for assistance.

In-House Software Solution

The Web application and the software that runs it, is provided by the Activemode Network and has “limited customization” to allow the customer to use it for business. We cannot allow outsourced code to run on the Servers for security reasons. It’s necessary for us to see the code, and to evaluate what it does when it’s running. Because of Security concerns, and the threat of Hackers, and Piracy, we cannot allow any other code to run on the Servers except our own. We provide the Servers, and we do the programming.

Indemnification

By definition, this means:
Compensate (someone) for harm or loss or secure (someone) against legal responsibility for their actions.
The Activemode Network will ensure that if the Data or Information that is stored on the Server and Application is lost, it will be restored from a backup, and returned to you on request. If the loss was caused by an incursion or accident, the Data or Information will be secure, regardless of what caused the incident.

Insurance

If you require Insurance for the Data and Information that you have stored on the Server and in the Application, that will be at an additional cost, unless you purchase the Insurance on your own. Notify us, if you have personal Insurance that you want to apply to the Data and Information that you have stored. Any Data and Information that is stored in the Server and the Application has a backup, and will not be lost. That Data and Information will be restored in case of a shutdown, or returned to you at the end of the Contract term.

Intellectual Property

Any intellectual Property that you own should be copywritten, and stated as “Intellectual Property”. As such, we have no rights to your “Intellectual Property, because it belongs to you. The Server and the Application that runs on it belongs to us, and is our “Intellectual Property”.

Limitation of Liability

Any damage that may be cause to the Server or the Application that runs on it, has a limited liability. That means that if someone logs into the site, and damages the Server, or the Application that it runs on it, that is not your fault. The Server will be restored to its former condition. If the Service is not accessible because of Internet outages, or disconnections, that’s not our fault. The Service will be restored once the outage is over. Just to be clear, if a condition arises that causes the Service to stop, and if that condition was not caused by you or the Activemode Network, then the Server and Application will be restored, along with the Data and Information you have on it.

Location of the Data Center

The specific location of the Data Center that contains your data is unknown, and unavailable to us, or you, or any Hacker that wants to attack it. Large Corporations will store Data in Servers that are also unknown to the users, so this is not unusual. The IP Address is known, and the general location or Country is known, but there is no physical map address to identify it, for Security reasons.

Operator of the Data Center

The operator of the Data Center may be selected if it’s important that you know who is running it. Currently we work with Microsoft Azure, Amazon Web Services, and Google Cloud Services. The price for using any specific service is different, but the cost that is agreed upon in the Cloud Service Contract, will remain the same for the length of the contract. Once the Contract is agreed upon, the Operator of the Data Center cannot be changed, unless there is a new Contract.

Problem Response Time and Resolution Time Service Levels

If there is a problem with the Web application or Server, we will do whatever we can to fix it. The normal response time is about 5 minutes from the time there is a problem to the resolution. However, if the problem is more serious than previously thought, it may take up to 24 hours to resolve. In this case, there will be a notification sent to explain what the problem is, and how we’re working to resolve it. You should have some alternate method to communicate with the people that use your Server to let them know there is a problem, and that it’s being worked on. Once the problem is resolved, another notice will be sent to let you know the problem has been resolved. You will receive a credit for the additional time the Server is down, that will not exceed 15%.

Provider’s Security Practices

Encryption is established by the U.S. National Institute of Standards and Technology, and is beyond the scope of this Contract. As mentioned before, the Server and the Application that runs on it is managed by the Activemode Network, and detailed information about encryption methods and programming is not available. This Contract is for the Cloud Service that’s used, and not for details about the Application that runs on the Server you’re using.

Publicity - Customer Trademarks and Copyrights

Trademarks, Copyrights and the use of them are your responsibility. Copyright infringement is also your responsibility, and is not managed or monitored by the Activemode Network. When you use an image or logo, it’s your responsibility to ensure that you have that right.

Remedies

In the event of any problem, and if the Service Level goes below 99.9%, there will be a credit offered for the inconvenience. The credit will not exceed 15%, and will only be applied to those periods when there is an actual problem that prevents you from accessing your Server or Web Application. The discount will not be applied to each payment. Just to be clear, if an event happened in one month and there was a discount, then you will not receive discounted service next month, or for the rest of the year. Two or more events inside one month, receives one discount.

Service Availability

The internet is not a perfect environment. Because of this, the service that runs on the Activemode Network is available 24 hours a day, 7 days a week, except when there are conditions on the internet that are not in control of the Administrator, Engineers and Programmers that work with the Activemode Network. We do not have full control over the internet and the information that travels through it. We only have Administrative control over the Servers that contain the information relating to your business, and we try our best to keep that up and running within a 99% up time.

Service Levels

The service level that are agreed upon, include the site where your information is located, and the access to that site, including any files that reside there. The Activemode Network provides a service that includes storage of the information that is uploaded, and access to the information that has been uploaded for your business.

Service Response Time Service Level

The best measure of response time is the speed of the internet connection that your using. If the connection is slow, then the response time is also slow. Anyone using a mobile device connected to Wi-Fi, will not have the same speed as a Standard Laptop Computer with a Broadband connection. Because the “Response Time” is relative to the device being used, there should be some consideration allowed. During the morning when everyone is awake, and checking email, will be slower. At night when most everyone is asleep the speed is usually faster.

Simultaneous Visitors Service Level

A “Small Business” serves a small number of people, while a “Corporation” serves a larger number of people. One person logging into a system 1000 times, is not the same thing as 1000 people logging in once or at the same time. When business needs change, and the volume is increased, you will be notified that it’s time to renegotiate the original contract, because the original conditions are not the same as when the contract was first arranged. You can’t run a large business in a small business environment.

Term

The Service is monthly, so the term of Service is for a month. If you decide to cancel, you can do so at the end of the month. If you give notice in the middle of the month that you want to terminate service, if there was a payment at the beginning of the month then the service will run until the end of the month. There is no prorated service, unless specifically stated in the service contract.

Uptime Service Level

For all intents and purposes, the Server that runs your application will be available 99.9% percent of the time, except when servicing or performing maintenance. There will be a notification when Maintenance, Servicing or Upgrades are performed, so that you will know when the Server is not available. There is no guarantee of 100% uptime, because that would be perfect, and there is no such thing. So just to be clear, if there were 100 hours measured, and the Server was 99.9% effective, then it might not be available for about 6 minutes. This uptime service does not include problems on the clients end. If there is no Internet service in your location, but the Server is still up and running, there is no problem on our end.

Withholding of Services

This is a paid service, and is not free of charge. So long as the payments are kept up, the service will run, as usual. If a payment is late, a notice will be sent out to you the client, and payment will be expected. If payment is not received within 3 days of the notice, service will be suspended, and access will be denied, until payment is made. If payment is not made within two weeks of the suspension, the service will be discontinued, and all data and information will be removed from the server on which your information resides. To restore service, there must be a payment made, along with an additional deposit of one month to ensure your service will run.