Scansafe Terms & Conditions
Terms And Conditions/Service Agreement For Scansafe Web Security Services

1. TERMS
1.1. Robinzone/Hosting Ireland in partnership with Scansafe Limited have agreed to supply the Services to you on the following terms and conditions ("Terms and Conditions"). These Terms and Conditions exclude and/or supersede any previous statements or agreements between the parties (whether written or oral) relating to the provision of the Services.
1.2. In this document the following words or expressions have the following meanings:
(a) "we", "our" and "us" refer to Hostingireland and/or Scansafe Limited;
(b) "you", "your" and "the Customer" refer to the customer purchasing the Services from us;
(c) the "Services" means Internet-level Web security as operated by us from time to time and more particularly described in Schedule 1. The Services to be provided to you will be determined in accordance with your agreement with us;
(d) "Seat" means an individual customer employee that has access to the Internet;
(e) "Site" means any location for which you have ordered Services; and
(f) "Region" means any of the following: U.S., Europe, and Asia Pacific.
1.3. Our catalogues, brochures, leaflets or correspondence are not binding and unless specifically provided to the contrary in writing, all specifications, descriptions, photographs, measurements or capacities are approximate only and shall not form part of any contract or be treated as constituting any warranty, representation or condition in relation to the Services.

2. SERVICE ACTIVATION, SUPPLY AND USAGE
2.1. You will supply us with all technical data and all other information we may reasonably request from time to time to allow us to supply the Services to you. All information you supply will be complete, accurate and given in good faith.
2.2. You will receive a service provisioning email that will explain to you the necessary technical changes you will need to make to use the Services.
2.3.1. To enable granular administration and reporting for Web Filtering (per Internet user or group), you will also be provided with the relevant software agent download and corresponding installation instructions.
2.4 You recognise that information sent to and from you will pass through our systems and accordingly you agree that you will:
(a) Comply with all relevant legislation applicable to your use of the Internet;
(b) Not use the Internet for any unlawful purpose;
(c) Conform to the protocols and standards published on the Internet from time to time and adopted by the majority of Internet users; and
(d) indemnify us against any liability to third parties resulting from information passing through our systems to or from you.
2.5. You agree that we may refer to you being a customer in marketing and promotional materials.
2.6. We reserve the right to modify the features and functionality of the Services, at no additional cost to you, with the objective of providing you with equal or enhanced Services; provided, however, that:
(a) we shall notify you of the modification or update in advance and in writing;
(b) such modifications or updates shall not materially degrade the performance of the Services or your use of the Services, or require you to incur any additional cost to continue your use of the Services after the effective date of the Service modification or update; and
(c) we shall use reasonable efforts to implement all such Service modifications or updates in a manner that minimises the impact on your use of the Services.

3. REPRESENTATIONS BY US
3.1. We agree to provide support for the Services in accordance with Schedule 2.
3.2. We represent that:
(a) we have and shall maintain all rights, licenses, consents and permits necessary or required for us to provide, and for you to use, the Services.
(b) the Services do not infringe upon the intellectual property rights of any third party
(c) we and our suppliers possess the resources, skills, qualifications, and experience required to perform all of our obligations under this Agreement;
(d) the Services shall be performed in accordance with the standard of care to be reasonably expected of competent, efficient, experienced, and independent information security service providers and managers; and
(e) the Services shall be provided with Diversity, subject to your maintaining the appropriate proxy server. "Diversity" shall mean that there are redundant elements where there are no single points of failure that could cause an interruption in access to, or operation of, the Services when infrastructure components used to provide the Services fail or are damaged, regardless of the cause of such failure or destruction. Diversity includes redundant network links, local loops, data centers, operation centers, scanning towers, and requires other infrastructure redundancy where the primary and secondary components are geographically separated and do not share the same power grid.
3.3. Where, as part of the Services, we are holding information about you, we shall undertake to use all reasonable endeavours to ensure that our systems are reasonably secure from unauthorized access. However, we can give no warranty or guarantee that our systems will be secure at any stage. We do not accept responsibility for unauthorised access to our systems.
3.4. We do not have any implied obligation, duty or liability in contract, tort or otherwise other than those explicitly stated in these Terms and Conditions. We exclude all conditions, warranties, terms, representations (other than fraudulent misrepresentations) and undertakings express or implied, statutory or otherwise in respect of the Services. We do not warrant that the Services will be uninterrupted or error-free.

4. SERVICE LEVEL AGREEMENTS
Availability
4.1. Our Network will process and deliver your Web requests in each Region at least 99.999% of the total hours during every month you use the Service in each Region ("Availability"). Availability will be determined on an aggregate basis across all Sites for each Region. You will be provided with both primary and secondary proxy addresses for each Site to which traffic for each such Site may be directed. As a result, non-Availability occurs only where Web content sent from a Site(s) to both proxy addresses is not being received, scanned, analysed, filtered, or transmitted after filtering to end users at the affected Site(s).
4.2. In the event that we fail to meet the Availability commitment set out in the table below for any Region, we will provide the Performance Credits set forth in the table below, subject to a maximum of 100% of the monthly Service fees in any calendar month, calculated as follows:
Monthly Service Availability Performance Credit - Reimbursement ofmonthly Service fee for Services provided inthe affected Region (per % or part thereof) 99.999 - 99.5 %99.49 - 99.0 %98.99 - 98.5 %98.49 - 98.0 %97.99 - 97.5 %97.49 - 97.0 %96.99 - 96.5 %96.49 - 96.0 %95.99 - 95.5 %Below 95.5% 102030405060708090100
ScanSafe General
4.3. We will implement, maintain and use appropriate processes, procedures and tools to monitor, calculate and report on the performance of the Services against the service levels set forth in this Clause 4.
4.4. The remedies set out in this Clause 4 do not apply to circumstances caused by any of the events referred to in Clause 5.3 below or to scheduled maintenance.
4.5. The remedies set out in this Clause 4 shall be your sole and exclusive remedy in contract, tort or otherwise in respect of Availability, Filter Latency, Bad Blocks or Missed Blocks. No more than one category of credit may be claimed in respect of any one issue.

5. LIMITATION OF LIABILITY
5.1. Our aggregate maximum liability to you (whether in contract or in tort (including negligence) or otherwise) arising from the supply of the Services for any event or series of events in any 12 month period shall not exceed 100% of the charges paid by you for the Services in such period.
5.2. In any event, we are not liable to you for loss, corruption or destruction of data or for loss of profits, business or anticipated savings, whether incurred directly or indirectly, or for any indirect or consequential damage whatever, either in contract, tort or otherwise.
5.3. We shall not be liable for any breach of these Terms and Conditions caused by matters beyond our reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), failures or interruptions of electricity supplies, the acts or omissions of telecoms providers or any other third parties or for faults in or failures of their or your equipment, failures by other suppliers of any part of the Services, weather of exceptional severity or acts of local or central Government or other authorities.

6. SERVICE TERMINATION
6.1. Any waiver by us of any breach by you of these Terms and Conditions or delay or forbearance in exercising our rights under these Terms and Conditions will not prevent us from taking action against you if the breach continues or if you are in breach of these Terms and Conditions again at a later date.
6.2. Upon the termination of the Services for any reason whatsoever, we shall reverse all configuration changes made by us. It shall be your responsibility to undertake all other necessary configuration changes.
6.3. We have the right to suspend or terminate the Services immediately without notice:
(a) if so directed by a court or competent authority;
(b) in the event of an attack on the Services or network; and/or
(c) should you use the Services other than in accordance with the Acceptable Use Policy as set out in Schedule 3.
6.4. Termination of Services shall be without prejudice to any rights of either party arising on or before termination.

7. GENERAL
7.1. You undertake to keep confidential and not reveal or disclose to any third party without our prior permission any username or password information provided to you by us. If for any reason we believe that there has been a security breach, we shall have the right to take whatever action we deem appropriate including to cancel your password and provide a new one to you. 7.2. We undertake under normal circumstances to keep confidential the information scanned by us, and not to access, read or copy other than by electronic methods for the purpose of implementing the service.
7.3. The intellectual property rights in the Services and any other software which we use in connection with the Services are and will at all times remain the property of us or our licensors.
7.4. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall be unaffected.

SCHEDULE 1 - THE SERVICES

1. Internet-level Web security 1.1. Hostingireland and Scansafe's internet-level Web security services, comprising Web Virus Scanning, Web Filtering and Spyware Screening as described below and is managed on a 24 hours/day by 7 days/week basis. The Services are monitored for hardware availability, service capacity and network resource utilisation. Through stringent monitoring of service levels, regular adjustments are made to ensure optimum efficiency is maintained.
1.2. Wherever possible, planned maintenance is carried out without affecting the Services. This is generally achieved by carrying out planned maintenance during periods of anticipated low traffic.
1.3. The Customer's external HTTP and FTP requests (including all attachments, macros or executables) are directed through the Services. The configuration settings required to direct this external traffic via the Services are made and maintained by the Customer and are dependent on the Customer's technical infrastructure. The Customer should ensure that internal HTTP/FTP traffic (e.g. to the corporate intranet) is not directed via the Services. Our Technical Support will advise the Customer on making these changes if required.
1.4. Access to the Services is restricted via Scanning IP, i.e. the IP address(es) from which the Customer's web traffic originates. The Scanning IPs are also used to identify the Customer and dynamically select Customer specific settings.

2. Service Description - Web Virus Scanning ("AV")
2.1. Once the relevant configuration changes are made (see paragraph 1.3) Web pages and attachments are electronically routed via AV and digitally examined. The Web pages and attachments are scanned by industry leading anti-virus including Outbreak IntelligenceTM.
2.2. AV will scan as much of the Web page and our attachments as possible. It may not be possible to scan certain Web pages or attachments (for example, password protected). Unscannable attachments will be blocked. Encrypted traffic (i.e. HTTPS/SSL) cannot be scanned and will be passed through AV unscanned.
2.3. If a Customer's Web page or attachments are found to contain a Virus (or deemed unscannable, bar SSL traffic), then access to that Web page or attachment is denied and the Internet user will be displayed an automatic virus alert Web page. Notification may also be sent by email to a Customer administrator. In rare cases it may not be possible to display the alert Web page, but access to the infected page or attachment will still be denied.
2.4. AV will scan the first 100Mb of each file transfer. Where files are downloaded that exceed 100Mb in size, the initial 100Mb will be scanned and the remainder passed through.

3. Service Description - Web Filtering ("WF")
3.1. Once the relevant configuration changes are made (see paragraph 1.3) Web pages and attachments are electronically routed via WF and digitally examined. The Web pages and attachments are filtered using industry leading URL categorisation and content analysis, including Outbreak IntelligenceTM.
3.2. To enable per Internet user or group administration and reporting, the Customer is required to install the relevant Agent in accordance with the installation guidelines. Our Technical Support will advise the Customer on making these changes if required.
3.3. The Customer is able to configure WF to create access restriction policies (based both on categories and types of content) and deploy these at specific times to specific Internet users or groups. A number of additional features (for example, whitelist and blacklist functionality) are also available.
3.4. WF will filter as much of the Web page and our attachments as possible. It may not be possible to filter certain Web pages or attachments (for example, password protected). Encrypted traffic (i.e. HTTPS/SSL) cannot be filtered and will be passed through WF. WF will only filter Web pages that are categorised by WF in accordance with the category that the Customer has chosen to filter.
3.5. If an Internet user requests a Web page or attachment where an access restriction policy applies, then access to that Web page or attachment is denied and the user will be displayed an automatic alert Web page. Notification may also be sent by email to a Customer administrator. In rare cases it may not be possible to display the alert Web page, but access to the relevant page will still be denied.

4. Service Description - Spyware Screening ("SPS")
4.1. Once the relevant configuration changes are made (see paragraph 1.3) Web pages and attachments are electronically routed via SPS and digitally examined. The Web pages and attachments are scanned and filtered by industry leading anti-spyware technology including Outbreak IntelligenceTM.
4.2.1. SPS will scan as much of the Web pages or attachments as possible. It may not be possible to scan certain Web pages or attachments (for example, password protected). Unscannable attachments will be blocked. Encrypted traffic (i.e. HTTPS/SSL) cannot be scanned and will be passed through SPS unscanned.
4.2.2. If a Customer's Web page or attachments are found to contain Spyware (or deemed unscannable, bar SSL traffic), then access to that Web page or attachment is denied and the Internet user will be displayed an automatic spyware alert Web page. Notification may also be sent by email to a Customer administrator. In rare cases it may not be possible to display the alert Web page, but access to the infected page or attachment will still be denied.
4.4. SPS will scan the first 100Mb of each file transfer. Where files are downloaded that exceed 100Mb in size, the initial 100Mb will be scanned and the remainder passed through if no infections are found in the initial 100Mb.

5. Service Description - Instant Message Control ("IMC")
5.1. The Customer's external Instant Message requests as prescribed by ScanSafe (currently those used by Windows Live / .NET Messenger Service, Yahoo! Messenger, AOL Instant Messenger and Jabber/Google Talk), including all macros, messages or executables, are directed through the Service. The configuration settings required to direct this external traffic via the Service are made and maintained by the Customer and are dependent on the Customer's technical infrastructure. Our Technical Support will advise the Customer on making these changes if required.
5.2. Once the relevant configuration changes are made, Instant Messages are electronically routed via IMC and digitally examined. The Instant Messages are scanned by industry leading anti-virus and Instant Message spam analysis systems, including Outbreak IntelligenceTM.
5.3. To enable per Internet user or group administration and reporting, the Customer is required to install the relevant Agent in accordance with the installation guidelines. Our Technical Support will advise the Customer on making these changes if required.
5.4. The Customer is able to configure IMC to create access restriction policies (based both on categories and types of content) and deploy these at specific times to specific Internet users or groups. A number of additional features (for example, whitelist and blacklist functionality, Instant Message protocol allowing/disabling) are also available.
5.5. IMC will scan as much of the Instant Message as possible. It may not be possible to scan certain Instant Message messages (for example, password protected). Unscannable messages will be blocked. Encrypted traffic cannot be scanned and will be passed through IMC unscanned.
5.6. If an Internet user sends or receives Instant Message content for which an access restriction policy applies, then access to that Instant Message is denied and the user will be displayed an automatic alert event. Notification may also be sent by email to a Customer administrator. In rare cases it may not be possible to display the alert message, but access to the relevant message will still be denied.
5.7. If an Instant Message is found to contain a Virus (or deemed unscannable), then that Instant Message will not be transmitted, and the end user using IMC will be displayed an Instant Message alert message. Notification may also be sent by email to a Customer administrator. In rare cases it may not be possible to display the alert message, but access to the alert generating message will still be denied.
5.8. IMC will filter as much of the Instant Message as possible. It may not be possible to filter certain Instant Messages (for example, password protected). Encrypted Instant Messages (e.g. 3rd party Instant Message encryption add-ons for Instant Message) cannot be filtered and will be passed through IMC. IMC will only filter Instant Message content in accordance with the dictionaries that the Customer has chosen to filter.
5.9. IMC will monitor and log Instant Message messages, and output this information to a third party archiving system, as well as make this information available through ScanCenter for the standard data retention period.
5.10. IMC will display notification messages concerning monitoring of Instant Messages as stipulated by the customer.

6. ScanCentre Customer Interface ("ScanCentre")
6.1. ScanCentre, an internet-based management tool, is made available to the Customer via a secure password protected login that should not be disclosed to a third party. It offers a number of configuration and management facilities, such as customization of the browser alert messages, usage statistics, blocks and reports.

SCHEDULE 2 - SUPPORT SERVICES

Hours of Operation

Support services are available through our Technical Helpdesk that is operational 24 hours a day from Monday to Friday. Out of hours support (i.e. at weekends) is available in respect of critical incidents only. If we subsequently find that an out of hours call is not critical, you will be charged for the services provided at our prevailing rates in force at that time.

Technical Support Procedures

Upon reporting the incident (via the telephone or email), the incident will be assigned a unique support ID number which should be quoted in future correspondence.

In the event our Support service is not able to help you immediately, your request for service will be logged and we will endeavour to respond to you as defined by the severities below:

Priority Level Definitions:

Priority Level Critical
An issue that prevents operation of critical documented functions with high frequency or duration.
Response Target
80% of calls responded to within 1 hour

Priority Level Major
 An issue that consistently prevents operation of non-critical documented functions or occasionally impacts critical documented functions or a Critical Level Error for which a temporary work around has been provided
Response Target
80% of calls responded to within 2 Hours

Priority Level Minor
An issue that has some impact on administration, non-critical operation or other secondary functions or a High Level Error for which a temporary work around has been provided; or a request for an enhancementor additional functionality that is not due to a defect in the Services
Response Target
80% of calls responded to within 12 Hours

The above table reflects the initial response times within which an engineer will endeavor to respond to you. Incident resolution may require multiple communications and off-line research before being brought to fruition. At no time do we guarantee a "fix" during a response time.

If, upon investigating the cause of the incident, we determine there is a defect in the Services, we will try to provide a remedy in the form of a workaround, or another version of the Service that includes a bug fix for the specific defined problem.

It is your obligation to document and promptly report all errors or malfunctions of the Services to us. You are responsible for providing support information necessary to understand and resolve the incident.

This information may include the following:
Log files, configuration files and error messages. We will use commercially reasonable efforts commensurate with the applicable industry standards, current at that time, to provide Support in a professional and workmanlike manner, but do not guarantee that every question or problem raised by you will be resolved. Our success in resolving incidents is conditional upon your willingness to follow our instructions with regards to installation, operation and the use of the Services. You agree to implement corrective actions and workaround procedures recommended by us to resolve the incident. We will not be liable for any defaults in the Services which result from your failure to execute a supplied corrective action.

We reserve the right to close the ticket without further responsibility or liability if you do not provide appropriate feedback to us within 30 days of receiving new Services, a workaround for a problem, or a failure to respond to a request for additional information. Our obligation to provide Support does not include services requested as a result of causes or errors that are not attributable to us or cannot be reproduced by us. In the event that you request us to provide, and we do provide, any services in connection with causes or errors that are not attributable to us, you shall pay our reasonable charges for such additional services. Causes or errors that are not attributable to us include, but are not limited to the following:
  • negligent use, hardware malfunction, force majeure, or causes other than through ordinary or authorized use;
  • modification or addition, or attempted modification or addition to the Services undertaken by you or under your direct or indirect control;
  • any software not licensed through us.

SCHEDULE 3 - ACCEPTABLE USE POLICY

You are responsible for ensuring that all users of the Services are aware of this policy. You are also responsible for ensuring that these regulations are complied with at all times, and shall indemnify us against liability, whether civil or criminal, for any violation by such users as you permit to use the Services. Users must not under any circumstances whatsoever commit, or attempt to commit, nor aid or abet any action that may threaten the Services, whether deliberate, negligently or innocently - this shall include but is not limited to:
  • any attempt to crash a Services host or network;
  • "denial of service" attacks, or "flooding" attacks against a Services host or network;
  • any attempt to circumvent the user authentication or security of a Services host or network;
  • any profligate use of the Services;
  • the creation, transmission, storage, or publication of any kind of virus or corrupting program or corrupted data;
  • any other action that may adversely affect the Services or their operation.

We shall have the right to suspend or terminate the Services, and to take such defensive action as may at our sole discretion be deemed necessary in the event of any attack upon the Services or network. Furthermore, we will instigate civil and/or criminal proceedings as appropriate against the perpetrators of such prohibited action.

Robizone/Hosting Ireland for Scansafe Ltd

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