Service Level Agreement (SLA)
100% Network Uptime Guarantee
Applied Innovations (Appliedi) maintains a strong commitment to stability and reliability. We are pleased to make this Guarantee and Service Level Agreement (SLA) part of your contract with us. This SLA sets out our responsibilities, and your rights, should we fail to meet the service criteria set out below. We each agree to look solely to this SLA for web site availability and other items covered below.
Appliedi agrees that our Network will be available 100% of the time in a given month, excluding scheduled maintenance. This includes functioning of our network infrastructure, including routers, switches and cabling (Network). It excludes software running on your server. It applies both to customers who contract with us directly and to resold Services. Should we incur a Network outage, we will credit you 5% of your monthly fee for every 30 minutes of downtime (up to, but not exceeding 100% of one monthly payment). Credit will be applied toward your next account invoice. The Credit cannot exceed the amount you paid us for 1 month of service, regardless of the amount due. Network downtime exists if your server is unable to transmit and receive data and a ticket is opened for the incident in our ticketing system.
In order to take advantage of our SLA, you must notify us of your intent to claim credit within 3 days of the beginning of the event for which seek credit. You must be current on all Fees due us at the time of the event, and when the credit may be applied, and in compliance with all contracts between us.
While we strive to meet the objectives set out in the SLA, it does not apply to events outside of our actual control. While it is impossible to identify all events that may be outside of our control, excluded events include, but are not limited to, acts of God, shortages of supplies, denial of service attacks, software bugs, or any other circumstance beyond our actual control.
Acceptable Usage Policy (AUP)
All users of the products, services and equipment provided by us (Services) must comply with this Acceptable Use Policy (AUP). This AUP is part of our Terms of Service (TOS). Your use and/or continuation of the Service constitutes your acceptance of this AUP. It is your responsibility, and contractual obligation, to ensure that your affiliates, agents, and/or customers (End User(s)) comply with this AUP.
You expressly understand that the evolving nature of the Internet and on-line commerce makes it necessary for us to reserve the right to make changes to this AUP at any time, and without notice. This AUP may not represent all possible ways in which you or an End User engage in unacceptable behavior. Appliedi encourages prospective customers to carefully review sections of this AUP covering E-Mail/SPAM, Intellectual Property Violations, and Security. A thorough review of those sections, and the entire AUP, may help avoid creating issues under it that will cause Appliedi to take action, up to, and including, termination of a customer’s account. Services we provide may be subject to other acceptable use policies. Appliedi will provide these acceptable use policies to you on request. Appliedi reserves the right to determine, in our exclusive judgment, what activities are unacceptable. The version of this AUP, available here (https://www.appliedi.net/acceptable-use-policy/), is the most recent.
1. Scope and Purpose
Appliedi does not review, edit, censor, or take responsibility for any information customers or End Users may create. Because of this, Appliedi cannot, and does not, accept any responsibility from customers, End Users, or third parties, resulting from inaccurate, unsuitable, offensive, or illegal content or transactions.
Customers violate this AUP when they or End Users engage in activities prohibited by it. It is a customer’s responsibility and contractual obligation to ensure that End Users comply with this AUP. Appliedi expects that customers will cooperate with it in the enforcement and administration of this AUP. A customer’s failure to do so is a violation of their contract.
Any use of Customer’s account, server, or any other service provided by Appliedi will be considered use by the individual or entity set out in Appliedi’s records as the owner, or principal contact. This individual or entity will be held responsible for all contractual obligations including violations of this AUP.
2. Contacting us about Abuse and Requests for Information about Customers and End Users
Individuals who contact Appliedi about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests. Appliedi does not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials.
E-mail addresses used to contact Appliedi are set out within this AUP. Please note that Appliedi has created special addresses for certain types of complaints. Complaints misdirected by a Customer or End User may not be responded to by Appliedi. Complaints submitted to Appliedi are not confidential and may be forwarded to Appliedi’s customer or law enforcement, without notice. Appliedi does not recognize requests that complaints be kept confidential, and will not honor those requests. Some abuse complaints may not receive a reply depending on the volume of abuse complaints about that particular issue.
Appliedi may disclose information, including information that Customers or End Users consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request which appears to be valid. Appliedi may also disclose such information when it is necessary for us to protect our business, or others, from harm. Appliedi assumes no obligation to inform Customers or End Users that Appliedi has provided this type of information unless Appliedi has affirmatively agreed to do so. In some cases Appliedi may be prohibited by law from giving such notice.
Our customer service and support staff have been trained to handle sensitive matters with diplomacy and tact. While we understand that often times customers become frustrated by technical issues, we expect our staff to be treated with the same respect that customers expect from us. Should customers abuse our staff members, we reserve the right to terminate a customer’s use of the Services, without penalty or refund.
3. The Services may be used for lawful purposes only
Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, this AUP, or our TOS, is prohibited. You may not use the Service to directly facilitate the violation of any law or regulation, including, but not limited to:.
forging, misrepresenting, omitting or deleting message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message;
creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
disseminating material that may cause us to be subject to attacks on our network, or that which is, but is not limited to, racist, pornographic, hateful material or those which create customer service or abuse issues for us. Under no circumstances may Appliedi’s systems be used to gain access or deny access to a system without the permission of the system’s owners (or rightful users);
Probes, port-scans, sweeps and spoofing of systems without the express permission of the owners of those systems; Appliedi reserves the right to use probes, port-scans, sweeps and spoofing on any system connected to the Appliedi network in the course of performing security assessments and threat management;
soliciting the performance of any illegal activity, even if the activity itself is not performed; and/or
acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
Appliedi is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA). The DMCA contains very specific criteria setting out what an allegation of copyright infringement must contain. The criteria are available at http://www.copyright.gov/title17/92chap5.html#512. Appliedi is not required to respond to notices that do not fall within these criteria. Please review them carefully. Under Federal Law, you may be subject to heavy civil penalties if you misrepresent your copyright interest in a DMCA complaint.
Appliedi’s designated agent for receipt of notices pursuant to the DMCA is:
W. David Snead, P.C.
Attention: Appliedi.net DMCA Agent
P.O. Box 20002
Washington, D.C. 20002
Appliedi’s Trademark infringement policy follows the same guidelines as the DMCA. Please include the same information you would include in your DMCA complaint when contacting Appliedi about possible trademark infringement. Notices concerning trademark infringement should be addressed to:
W. David Snead, P.C.
Attention: Appliedi.com DMCA Agent
P.O. Box 53249
Washington, D.C. 20009
6. Other Intellectual Property Infringement
Customers, and End Users, may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, trademarks, service marks, trade secrets, software piracy and patents. Complaints about such activity by Customers or End Users may be directed to the address at the end of this AUP.
7. Adult Content / Pornography
You may not use the Services to disseminate, transmit, advertise or store material considered to be pornographic according to the laws of the City of Boca Raton, in the State of Florida.
8. Child Pornography And Related Content
Appliedi does not knowingly host sites containing Child Pornography, Child Erotica or Bestiality. For the purposes of this AUP, Appliedi does not distinguish between Child Pornography, and Child Erotica, and both are collectively referred to as Child Pornography. Customers and End Users are prohibited from using Appliedi’s services to disseminate or access Child Pornography and Bestiality. Appliedi is required by law to report the use of its services to disseminate or display Child Pornography and Bestiality. Appliedi actively cooperates with law enforcement in their efforts to prosecute violations of U.S. statutes restricting Child Pornography and Bestiality, and will do so without informing Customers or End Users. Child Pornography and/or Bestiality complaints may be directed to the address at the end of this AUP. Further information about child pornography may be found at www.ncmec.org
You may not use the Services for gambling. Appliedi defines gambling as: the making, receiving, recording or forwarding of bets or offers to bet online, or the advertising of such services. Gambling includes but is not limited to pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein.
10. U.S. Export And Import Laws
Customers and End Users may not use Appliedi’s services to engage in a violation of U.S. export and import control laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export; or legal to sell in one country, and illegal to sell in the U.S. Customers may not use Appliedi’s services to provide services to End Users with whom U.S. citizens may not do business. More information about U.S. export laws may be found at http://www.export.gov/exportcontrols.html
11. Subpoenas, Warrants, Document Preservation Requests And Other Requests For Information
Law enforcement agencies who seek information about Appliedi’s customers, and/or their use of Appliedi’s services, are required to submit a subpoena, or other similar document, pursuant to which Appliedi is required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to Appliedi, the Subpoena will be transmitted to Appliedi’s Customer. Civil demands for information, such as discovery requests and similar demands (Civil Demands), must be part of a filed and pending litigation matter. Responses to Civil Demands are at Appliedi’s discretion. Responses are subject to a response fee of $250 per hour. Appliedi does not honor requests from civil litigants to limit or to pre-approve response expenses. Civil litigants are encouraged to contact Appliedi prior to serving Civil Demands in order to minimize their expense.
Appliedi understands its obligations to preserve certain electronically stored material. Parties who ask Appliedi to preserve this material, must contact Appliedi in writing, and describe specifically what information they would like preserved. Appliedi is not required to preserve information if doing so would be expensive and unduly burdensome. Examples of requests that fall within that category include, but are not limited to, requests to preserve large numbers of backup tapes and sorting of e-mail (including only preserving certain types of e-mail). Requests under this section may be directed to the address at the end of this AUP.
Computers are configured to facilitate their operation in Appliedi’s network. This configuration may be less secure than others. Customers are encouraged to review security protocols and ensure that they have selected the security level fitting their needs. Servers, hardware and software are generally provided to Customers in their “default” setting. These settings may not meet industry standards of security. Appliedi makes no warranties regarding the security of its network.
Appliedi makes tools available to you that are designed to make your use of the Internet more secure. These tools are provided on an AS-IS basis and are used at your own risk. You are encouraged to evaluate other methods of making your Internet transactions more secure.
Virus infections are the responsibility of the customer and must be rectified as soon as possible. Appliedi reserves the right to disconnect an infected customer if damage to other servers or third parties cannot be avoided otherwise. Notification will be sent if a disconnection is necessary, but there may be no delay between notification and disconnection.
While differences of opinion may exist on what type of E-mail communication constitutes unsolicited bulk E-mail, or SPAM, Appliedi defines unsolicited commercial e-mail as e-mail that has not been requested by the recipient, is not compliant with the CAN-SPAM Act, or that, even if requested, or compliant with the CAN-SPAM Act, causes other entities to block our IP Addresses. You may not use the Service to host a site that is advertised in SPAM (a spamvertized site), even if you yourself are not engaged in spamming. If Appliedi determines that you or an End User are spamming, Appliedi will suspend or terminate your account, at our discretion.
To report violations of this paragraph, please send an e-mail to the address at the end of this AUP
Appliedi uses industry standard methods to filter outbound e-mail for SPAM. Appliedi will use commercially reasonable efforts to inform you that your outbound mail has been marked as SPAM and blocked. Please review your outbound e-mail to determine whether your e-mail has been blocked. You have the option of using a SPAM filter to scan inbound e-mail. Please familiarize yourself with this technology and its use.
Appliedi does not review anonymous inquiries. Your notice must contain, at a minimum, your first and last name, and either a working, monitored e-mail address, or a working, monitored, telephone number. If you believe that our AUP has been violated, and that the relevant paragraph addressing your concern does not have a particular notification address in it, you may send your inquiry to: email@example.com
W. David Snead, P.C.
Attention: Appliedi Legal Notices
P.O. Box 53249
Washington, D.C. 20009
Terms of Service (TOS)
The individual or entity listed in our records as the “Customer/Primary Contact” is considered by us to be the owner of your account.
You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about the Services. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information. All notices from Appliedi will be deemed received by Customer when sent by Appliedi to Customer’s current email contact(s).
The “Effective Date” of this TOS will be the day on which you place an order for Services and accept this TOS as part of that process.
The “Initial Term” will begin on the Effective Date, and is for the period you selected in your order. Following the Initial Term, this TOS will renew for the same amount of time as the Initial Term unless the parties agree otherwise. This is the “Renewal Term.” These are collectively referred to as the “Term.”
Either party may terminate a Service by providing written notice to the other no later than 30 days before the expiration of the Initial Term or Renewal Term for that particular Service. Your termination notice must be provided to us by using our cancellation form. Once we have received your cancellation request and have confirmed all necessary information, typically via email, we will inform you in writing (typically via email) that your account has been cancelled. Should you not receive this response your termination request may have not been received and you should contact our company via telephone. Your cancellation request will not be processed until we have verified all information with you.
We reserve the right to suspend, cancel, transfer, modify or terminate any account for a violation of this TOS, including any agreements incorporated by reference. We may also terminate this TOS upon your failure to pay the Fees.
One party may also terminate this TOS upon the occurrence of a material breach, which has not been cured by the other party within ten days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
If set out on your Order Form, this TOS may be terminated by you within a defined period of time for any reason, or no reason at all (“Guarantee”). Any time provisions of this Guarantee begin to elapse on the Effective Date and are calculated on a calendar day basis. A Guarantee only applies during the Term and does not apply to any Renewal Terms. Should you purchase additional Services, the Guarantee only applies to the new Services. Non-recurring charges, as defined below, are never subject to the Guarantee.
Upon termination or expiration, your account will be closed, information on your server deleted, and unrestorable. While we maintain backup tapes, these are recycled on a routine basis. We have no responsibility to forward e-mail, or other communications, for you once your account is closed. You are encouraged to keep the Service active during a transition period should you seek to forward your e-mail or other communications.
All information on features and terms can be found on our website: www.appliedi.net. You are responsible for the fees and charges set out on the Order Form and on our website on Effective Date (Fees). You may choose to purchase products and services that are not included in the Service but which are offered for sale by other parties through appliedi.net (“Third Party Services”). Third Party Services may be billed separately from the Services. You are responsible for all taxes and fees associated with the Services which we are legally required or permitted to collect from you. You are not responsible for taxes based on our income.
If you provide us with a credit card, we will bill all charges authorized by this TOS to that credit card. We reserve the right to bill you for fees charged to us by our credit card processor.
Our obligation to provide the Service is contingent on your payment of the Fees by the Due Date, as defined below. You must pay the Fees without set off or deduction. It is your responsibility to ensure that we receive payment of the Fees. Should the Service be suspended, for any reason, Fees will continue to accrue. Set up and domain name registration charges are not refundable for any reason.
Your initial order will be subject to our fraud screen. We are not obligated to provide Services to you should this screen identify your order as potentially fraudulent. During the Term, we may periodically review your credit history. This review may consist of a review of your payment history with us, your broader credit history as reported elsewhere, and the amount of fraud reported to us as originating with your account. You consent to this review, and the disclosure of your credit history, at our option, to recognized credit agencies.
Unless otherwise set out on your Order Form, you agree to pay all charges by the due date indicated on an invoice (“Due Date”). If you find an error on an invoice, we must receive written notification of this error prior to the Due Date. Your notice must contain enough information for us to investigate your claim. We will have forty five days from the Due Date to investigate your claim. If we find that your claim is valid, we will remove the disputed amount from the Fees on your next invoice. If we find that the dispute is invalid, we will provide you with a written explanation of our decision. If you disagree with this decision, you may pursue your remedies as set out in this TOS. You must pay any Fees not in dispute when they are due. If you initiate a chargeback rather than following these provisions, your account will be suspended.
You will pay us interest on payments made following the Due Date at the rate of 1% per month or the maximum rate allowable by law. You may be assessed a processing fee on late payments, at our sole discretion, if we incur administrative and/or legal costs associated with your late payment. This fee is: $25 per invoice for VPS and Dedicated Server Accounts, and $15 for Shared Hosting Accounts. A $250 reinstatement fee may apply to some Services should the Services be disrupted because of your failure to pay or Customer requests to re-provision Services after termination in accordance with the terms hereof.
Should you fail to pay the Fees when due, and the Services terminated, you may also be billed for the costs of the removal and storage of equipment you have placed in our facility and any costs associated with restoring our equipment for use for a new customer. If that amount, plus any amounts past due, exceed the value of your equipment, we may sell your equipment to satisfy your outstanding balance due.
5. Additional Services
Appliedi offers a number of services designed to assist you in the use and operation of your hardware and software. These services are provided at an additional cost, and pursuant to various contract addenda. We may terminate this TOS, at our sole and exclusive option, should your requests for support exceed those typically experienced by us for similarly situated customers.
Appliedi may use third-parties to provide products and services to you. A portion of related Services may be terminated or modified upon the termination of the underlying agreement between Appliedi and the vendor providing third-party provided services or if Appliedi determines that the Services no longer meet Appliedi’s specifications or standards. Appliedi may, at its sole discretion, replace these related Services with other Services that provide a comparable value or cease providing them to you. Your Fees will be adjusted should Appliedi make such a change.
6. Backup and Restore
You must backup your data. If we provide backup services to you, we will provide you with the backed up copy of your data. Backups are intended for disaster recovery purposes only and will otherwise be provided on a best efforts basis for a Fee. Backups consist of data only.
In the event of a server failure, we will restore your server to the operating condition in which it was provided to you on the Effective Date. This is our sole and exclusive obligation. It is your obligation to restore your website and any configuration of services on your server.
7. Domain Names
During the sign up process you are offered various options to administer your domain name. Domain name registration is completed by a third party. We are not responsible for any acts of the registrar. If you chose to have us named as your administrative contact, we will re-register your domain name prior to its expiration, at our then current registration fee. It is your sole responsibility to notify Appliedi no less than thirty days prior to expiration of your Domain name if you do not wish to renew the registration. Appliedi reserves the right to renew Domain names up to thirty days prior to their expiration. You will be responsible for all registration and renewal fees at the time of registration or renewal. Registration and renewal services cannot be canceled or refunded once processed by Appliedi. In order to register your domain name, you must provide us with a credit card, or the credit card we have on file for your account must be active, and capable of being charged for the registration fee. Should your credit card be declined, for any reason, we have no responsibility to contact you regarding the expiration, and possible loss, of your domain name.
During the Term, we may provide certain consulting services to you. These consulting services are set out on your Order Form (Consulting). Consulting is provided on a best efforts basis, and to assist you in using the Services. It is not a substitute for understanding operation of the Services. It is your obligation to ensure that your employees and/or agents have sufficient technical expertise to understand how to implement the Service. Any Consulting is governed by the terms of this TOS.
Information you provide to us, and our responses, related to the Consulting is not confidential. We may use this information, as well as aggregate information gleaned from the operation of our business in general, to improve, or create new products and services. We shall be the exclusive owners of this intellectual property. You waive any rights you may have in this intellectual property, and assign all right, title and interest in it to us.
9. IP Addresses
We may provide you with an IP address or addresses. We retain ownership of these IP addresses and may change them at any time. Upon termination of this Agreement, you will not have the ability to transfer these addresses. These addresses may not be assigned or transferred, and are recycled by us on termination of your use of the Service. Appliedi may, in our sole discretion, change these addresses.
10. Reasonable Use
We have determined what constitutes reasonable use of the Services. These standards are based on typical customer use of our network, for similar services and products. It is your obligation to monitor the use of the Services to ensure that there are not unusual spikes and peaks in your bandwidth or disk usage. Should your use of our network and/or products exceed the limits described above, you will incur additional charges for that use. These charges will apply regardless of whether you initiated the additional use, or it was caused by a third party.
Customer and those using Services through Customer (End User) will at all times comply with the then-current version of the AUP as posted on www.appliedi.net. Appliedi may amend the AUP from time-to-time. These amendments are effective upon posting.
Appliedi reserves the right to suspend access to Customer’s Service should Appliedi believe Customer’s Service is the cause of interruptions in Appliedi’s ability to provide services to other customers. This suspension or termination will not relieve Customer of its obligation to pay Fees for the Services. To the extent possible, given the circumstances, Appliedi agrees to provide Customer with advance notice and the opportunity to correct the cause of the interruptions. Customer acknowledges and agrees that in an effort to control SPAM Appliedi may use certain technologies to block incoming and outgoing email which Appliedi determines, in its sole discretion, may be SPAM. Appliedi may also, in its sole discretion, limit the number of outbound emails Customer may send in a given period of time.
11. Contact Information
The Customer/Primary Contact has full authority to administer and operate your account. This authority includes, but is not limited to: changes to the account, billing, and adding or removing Services. On some accounts Appliedi also allows you to define a “Technical Contact.” The Technical Contract is intended for anyone assisting you with your service including designers or programmers. Appliedi will assist the Technical Contact with issues related to the operation of your account but will not allow this individual to make any changes to the account that affect billing of your account, types of Services provided by Appliedi, or how much your contracted Fees are. It is your sole responsibility to update your records should either individual change, or should you need to have our records reflect a different individual or entity as the Customer/Primary Contact or, if available on your account, the Technical Contact. Any changes or requests made via your Control Panel using your Customer/Primary Contact username and password will be honored as if requested by you. It is your sole responsibility to control access to these credentials and regularly change your password to keep your account secured. Further, you must notify Appliedi immediately if you suspect your username and password have been used for unauthorized purposes.
12. Licenses, Warranties, Limitation of Warranties, and Limitation of Liability
We grant to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by us solely to access and use the Services. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in our technology shall remain with us or our licensors. You are not permitted to circumvent any devices designed to protect our, or our licensor’s, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
Any license provided to you is provided with “RESTRICTED RIGHTS” applicable to private and public licensees. These rights include, but are not limited to, restrictions on use, duplication, or disclosure by the United States Government as set forth in this Agreement and as provided in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
You are required to have licenses necessary for you to use the Services. You agree to indemnify and hold us harmless for claims made against us based on your failure to have these licenses.
We each warrant to the other that: (i) we have the power, authority and legal right to enter into this Agreement; (ii) we have the power, authority and legal right to perform our obligations under this Agreement and all incorporated provisions; and (iii) we will perform the Services in a competent manner.
You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all materials provided to us, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.
14. Disclaimers and Limitations of Liability
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN PARAGRAPH 13, APPLIEDI HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND TITLE. APPLIEDI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. APPLIEDI IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR AN END USER VIA THE SERVICE PROVIDED BY US. APPLIEDI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY APPLIEDI. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO APPLIEDI SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM APPLIEDI, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
SOME STATES DO NOT ALLOW APPLIEDI TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE FOR AN INDIVIDUAL SERVICE.
EXCEPT AS SPECIFIED IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL APPLIEDI’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY APPLIEDI FROM CUSTOMER FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM APPLIEDI SHALL BE INTERPRETED TO INCLUDE APPLIEDI’S EMPLOYEE’S, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO CUSTOMER THROUGH APPLIEDI.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD APPLIEDI OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF APPLIEDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS APPLIEDI’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Appliedi and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services or that of End Users through you; (ii) any violation by you of the AUP; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Appliedi shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Service infringes any issued U.S. patent. This indemnification provision is expressly limited to the Service which is fully owned by Appliedi. It does not extend to products or services provided by third parties even if incorporated into the Service. If set out in its agreements with third-party suppliers, Appliedi shall flow down similar intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Appliedi promptly in writing of the claim and giving Appliedi full authority, information, and assistance for the defense and settlement of that claim. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in Appliedi’s opinion is likely to occur, you agree to permit Appliedi, at its option and expense, either to: (i) procure for you the right to continue using the Service; (ii) replace an individual component of the Service with a product or service, regardless of manufacturer, performing the same or similar function as the infringing aspect of the Service, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate Appliedi’s obligations (and your rights) under this TOS with regard to such Service and refund to you the price originally paid by you to Appliedi for the Service, or the Fee actually received by Appliedi from you for the 3 month period immediately preceding the occurrence of the event on which the indemnification claim is based.
Termination notices must be sent to us in the manner set out above. All other notices must be sent in one of the following manners (i) by a recognized express carrier using delivery confirmation; or (ii) by facsimile in which both the broadcasting machine and receiving machine date stamp each page of a transmitted document. We reserve the right to contact you by e-mail regarding issues related to your account and this contract, other than material breaches and our termination of this Agreement.
All notices to us shall be sent as follows:
Copies of all legal notices:
W. David Snead, P.C.
Attention: Appliedi Legal Notices
P.O. Box. 48010
Washington, D.C. 20002
17. Backup And Restore
17.1. Choice of law, jurisdiction and forum
This Agreement shall be governed by the laws of the State of Florida without regard to its choice of law rules. The parties specifically disclaim the application of the United Nations Convention for the International Sale of Goods. Federal courts located in the City of West Palm Beach, County of Palm Beach, State of Florida shall have sole and exclusive jurisdiction over this Agreement. All actions relating to this Agreement shall be brought in the appropriate federal court sitting in the district for the city set out above. The parties expressly agree that jurisdiction is proper in the court set out in this paragraph. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court.
During the Term of this TOS and for a period of two years after Termination, you may neither on your own behalf, or on behalf of another, solicit or encourage any of our other customers or their customers, to become your customers, or the customers of any other entity.
17.3. Force majeure
Other than obligations regarding payments or confidentiality, neither party shall be in default or otherwise liable for any delay in or failure to perform under this Agreement if such a delay or failure is caused by an event beyond its reasonable control. Events beyond a party’s reasonable control include, but are not limited to, any act of God, any act of a common enemy, the elements, earthquakes, floods, fires, epidemics, inability to secure products or services from other persons, entities or transportation facilities, failures or delay in transportation or communications, or any act or failure to act by the other party or such other party’s employees, agents or contractors. Such a delay or failure shall not constitute a breach of this TOS. Lack of funds shall not constitute a reason beyond a party’s reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.
17.4. Transfer and Assignment
You may not sell, assign or transfer any of your rights or obligations under this TOS without our prior written consent. We reserve the right to transfer services we provide to you, or assign this Agreement, at any time, without your consent or knowledge. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
Any failure or delay on our part in exercising any of the rights or powers given to us in this TOS shall not operate as a waiver of such a right or power, or affect our right to exercise the same or any other right or power at a later date.
Should any paragraph or aspect of this TOS be determined to be contrary to law, the remainder of the TOS shall be interpreted in such a manner as if the omitted portions had not been included.
17.7. No Agency
This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
The following paragraphs shall survive the termination or expiration of this Agreement: 14, 15, 16, 17.1, 17.4, 17.6, 17.8.
Effective Date: March 15th, 2014
We participate in the U.S. / EU and U.S. / Swiss Safe Harbor programs
For data subject to the European Union’s Data Protection Directive, AppliedI has certified that it complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce. For data subject to Switzerland’s Federal Act on Data Protection, AppliedI.net has certified it complies with the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce. To learn more about the Safe Harbor programs, and to view Applied.net’s certification, please visit http://www.export.gov/safeharbor/. AppliedI.net complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Appliedi.net has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.
To learn more about the Safe Harbor program, and to view Appliedi.net’s certification, please visit http://www.export.gov/safeharbor/. This Policy covers sites administered by Appliedi.net on behalf of customers and all information held by Appliedi.net and processed using systems associated with these sites. This Policy and Appliedi.net’s privacy practices have been reviewed by eTrust, and have been awarded eTrust’s “PrivacyTrust Seal.” In addition, Appliedi.net’s privacy practices and this Policy comply with eTrust’s program requirements including transparency, accountability and choice regarding the collection and use of personal information. eTrust’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions.
1. Information That We Collect
Customer Record – When users become customers they provide us with their address, email, phone number, and credit card. Users may also provide us with their fax number and company affiliation (together “Customer Record”).
Inquiries – When Users contact us we may ask for information that allows us to contact them, validate the seriousness of their inquiry and request specific information related to the reason they have contacted us (User Inquiry Information). Appliedi.net does not intentionally collect data from persons under 13 years of age.
Surveys – Users may be offered the opportunity to respond to surveys, questionnaires and other requests for information (Survey Information). The types of data that Users provide to us is set out in the survey request.
Statistical Information – All of our servers collect statistical information such as users’ IP addresses, dates users visit, computers users are using, and operating system, among other data (Statistical Information).
Tracking Software – We may use software designed to track responses to our advertisements, other promotional activity as well as a user’s movement through our site, as well as external sites (Tracking Software). Tracking Software includes software such as web beacons and software used by our advertising partners. Tracking Software may be used by us in conjunction with marketing information we collect about you, or you provide to the Tracking Software provider. If this is the case, Tracking Software may identify you personally.
Payment Information – Payment information is processed by a third party processing service. The processing service maintains this data in an encrypted format. This data is not accessible on our systems.
2. How We Use Information That We Collect
Customer Record – We use the Customer Record to identify Users personally. It is used throughout our business to provide services to Users. Information in your Customer Record will only be shared with third parties if it is necessary to provide Third Party products to you. However, information in the Customer Record related to payments, such as a User’s credit card number, is only used to ensure we receive payment for services rendered. Credit card information is protected by SSL technology.
Customer Inquiries – We use Customer Inquiry Information to identify Users personally. It is used throughout our business to provide services to Users. Customer Inquiry Information is shared with third parties in the following circumstances: to identify and fix problems with services we provide when we are not capable of doing so ourselves.
Survey Information – We use Survey Information to identify Users personally. We use it throughout our business to market new products and services to Users. Survey Information is not shared with third parties in ways that identify Users personally. To the extent we share Survey Information with third parties, it is done in aggregate.
Statistical Information – We do not use Statistical Information to identify Users personally. We use statistical information to operate our hardware and software, diagnose problems and administer our website. We may use aggregate information to modify the products and services we offer based on who is visiting our website, and what they are purchasing.
Tracking Software – We use the information provided by Tracking Software to determine the effectiveness of our marketing programs; improve the functionality of our website; collect demographic data about where Users go on our website and how they behave; and to market to you directly, to the extent the Tracking Software contains personally identifiable information.
Deletion and Preservation of Information – Information covered by this Policy may be deleted upon a customer’s request. The Company may keep information covered by this Policy for a period of six months from the date of Customer’s termination of their relationship with Appliedi.net, or as required by law.
Changing and Correcting Information – If a customer wishes to access and/or update the information Appliedi.net has collected, the customer may either login to our website or client systems and view and change its information. If a customer would like a list of systems related to its account, this can also be obtained by contacting our accounting team. By request, Appliedi.net will delete all personally identifiable information from internal systems. All information would pass over to the new company in the event of a merger. In the event of bankruptcy, all information will be destroyed.
3. Data Retention And Security
4. Contact Information
Applied Innovations, Corp.
1001 Yamato Road Suite 300W
Boca Raton, FL 33431