Initsys EULA (End User Licence Agreement).


This document acts as the understanding between Initsys and its customer (the end user) and forms the basis of how we will interact with you and how we will conduct our business.


We have tried to make this as clear as we can and would ask you to read it before you sign any order that you send to us or before you subscribe to the services.


Initsys provides delivery services for security camera CCTV images and alarm data from intruder and other types of alarm. Known collectively as the VerifiedAlarms service or services.


Initsys is also an approved reseller of broadband services from a number of companies. Where possible we will attempt at providing you with the best service possible to meet our SLA (service level agreement). It is our responsibility to interact and escalate any problems on your behalf until any problem is solved.


As you are aware there is a growing choice of supplier for broadband, there are many companies with their own exchange equipment and even their own lines.


Generally we choose network suppliers that have their own exchange equipment and that understand the necessity for rapid response to faults and technical issues. Where this is not possible or the supplier is the only choice and our experience shows that they demonstrate poor levels of customer support we will make sure that you understand how that affects our SLA.


Our own network is as resilient as possible and is managed by a 24 hour network support centre. We will connect and carry only traffic that could be called security related (other than our own internal communications). We will block any email or any related traffic at our network boundary.


Important Email Addresses.


Abuse System abuse, problems related to our network abuse@initsys.net


Licences Software licences licence@initsys.net


Complaints General complaints about us complaint@initsys.net


Directors Director email (please use you contract number) director@initsys.net

In your subject field otherwise your mail will be

rejected as spam.


Terms

1--Email: 3

2--Privacy Policy: 4

3--Moderations of Use: 5

4--Acceptable Use Policy: 6

4.1---Intellectual Property Rights Infringement 6

4.2---Denial of Service 6

4.3---Hacking 7

4.4---E-Mail Spam 7

4.5---Newsgroup Spam 7

4.6---Dissemination of Viruses 7

5--Personnel Abuse 8

6--Password Policy: 8

7--Pricing Guarantee: 8

8--Account Billing & Invoicing: 9

9--Accounts Receivable: 10

10--Liability & Limitations: 11

11--Termination Policy: 11

12--Final Qualification: 11

13--Broadband Specific 12

13.1---Service Term Information: 12

13.2---Installation Procedure Policy: 12

13.3---IP Allocation: 13

Residential Packages 13

Business Packages 13

13.4---Service Guarantee: DSL 14

13.5---ADSL 14

13.6---SDSL and IDSL 14

13.7---T1 15

14--All Broadband Services 16

15--Disconnection Policy: 17

16--Hosting 18

16.1---Server Resources 18

16.2---Spam 18

16.3---Scripts 18

16.4---IRC 18

16.5---Content Restrictions 18

16.6---Modifications 19

16.7---Backup of Data 19

17--Non-Initsys Products 20

17.1---Shell Accounts: 20

17.2---Online Services (if subscribed). 20

17.3---Virtual Private Network 20



1Email:

Initsys communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. All Initsys Internet services come with at least one email account. It is required that you routinely check this email account, or in the event that you have another email account that you prefer to use, make arrangements with us to forward your Initsys email to your preferred account. You can set up or change your forwarding by logging into VerifiedAlarms (login required). Your email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.





2Privacy Policy:

Initsys is committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with Initsys.

On various Initsys web pages you can order services, make requests, and register to receive materials or support and add information relating to people who wish to respond to alarms generated by your systems (keyholders). The types of personal information collected at these pages are name, user name, contact and billing information, transaction, and credit card information. Data collected on-line may also be combined with information provided during ownership registration of Initsys products and services. In order to tailor subsequent communications and continuously improve products and services, Initsys may ask you to voluntarily provide information regarding your personal or professional interests, demographics, product experience, and contact information.

Initsys will not sell, rent, or lease your personally identifiable information to others. Unless required by law, Initsys will only share the personal data provided with business partners who are acting on our behalf to complete the activities you requested. Such business partners are governed by Initsys's privacy policy with respect to the use of this data. Unless required by law, should a company not governed by Initsys's privacy policy require your personal information, your permission will be initially obtained. If you choose to share such information, the use of that data will be governed by the company's respective privacy policy.

Initsys uses your information to better understand customer needs and continuously improve the level of service provided. Specifically, your information is used to help complete a transaction, to communicate back to you, to update you on service and benefits, and to personalize Initsys's web site. Credit card numbers are used only for payment processing and are not utilized for other purposes.

From time to time, Initsys may use your information to contact you for market research or to provide you with information thought to be of particular interest. At a minimum, you have the opportunity to opt out of receiving such direct marketing or market research contact. Where applicable, Initsys will also follow local requirements such as allowing you to opt in before receiving an unsolicited contact.

At no time will keyholders be contacted.

Initsys strives to keep your personally identifiable information accurate. Every effort is made to provide you with on-line access to your registration data so that you may update or correct your information at any time. Initsys is committed to ensuring the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate procedures are in place to safeguard and secure the information collected on-line. Initsys uses encryption when collecting or transferring sensitive data such as credit card information.





3Moderations of Use:

Bandwidth: As an ISP, Initsys's bottom line is determined partially by the amount of bandwidth customers utilize. Initsys can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor do we have specific limits or caps on that bandwidth. If you utilize any of your Initsys services in a manner which consumes excessive bandwidth or affects Initsys's core equipment, overall network performance, or other users' services, Initsys may require that you cease or alter these activities.

Initsys does not allow customers authoritative control of their own reverse DNS.

The direct resale of residential-class services is strictly prohibited. Collection of service fees from third party customers on behalf of a Initsys residential-class service is allowed only if the primary account holder has subscribed to a service package defined by Initsys to promote connection sharing of any type.

This includes but is not limited to all VerifiedAlarms services.

Initsys believes in the right of the individual to publish information they feel is important to the world via the Internet. However its servers are designated strictly for security alarm and images from CCTV for security purposes and should not be used for any other application without the specific approval of Initsys which shall only be considered granted on receipt of a letter advising same on Initsys own letterhead and signed by the commercial director.

Where Initsys has provided the broadband connection Initsys allows customers to run servers (web, mail, etc.) over their Internet connections, use hubs, and share networks in multiple locations.

However, any service that causes a disruption in the network integrity of Initsys or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers, bots, webpages hosted on any Initsys servers, servers connected to a Initsys provided Internet connection, or shared networks. Initsys reserves the right to modify or terminate services at our sole discretion.





4Acceptable Use Policy:

You are ultimately responsible for any and all activity that originates from your Internet circuit regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. You are liable and accountable for any activity originating from any of your Initsys account services that are deemed to be in violation of our Acceptable Use Policy.

Initsys vigorously pursues all instances of abuse. If you feel you have been attacked or spammed through an email account provided by initsys, please notify Initsys's Abuse Department and appropriate action can be taken.

In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, Initsys reserves the right to suspend and/or terminate your account and all Initsys-provided services immediately, without advanced notice. Initsys reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that Initsys's determination is final and binding on you.

The following activities are considered in violation of Initsys's Acceptable Use Policy:

4.1Intellectual Property Rights Infringement


Initsys respects the intellectual property rights granted under copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, Initsys's information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by Initsys indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. Initsys's policy of service suspension or termination of members deemed to infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as international copyright law.


4.2Denial of Service


The use of your connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing their computer or Internet connection is in violation.



4.3Hacking


Any member accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is in violation. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.



4.4E-Mail Spam


Transmission of unsolicited e-mail from anywhere within our network, distributing unsolicited, commercial, email which advertises any portion of Initsys's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity is in violation.



4.5Newsgroup Spam


Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is in violation.



4.6Dissemination of Viruses


Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is in violation. Additionally, repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails to be sent to other customers or third parties is in violation.





5Personnel Abuse


Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward Initsys personnel are considered in violation and will not be tolerated.



6Password Policy:



Protect your account by guarding your password carefully. You are responsible for all use of your account(s) and for the confidentiality of any password selected by you. Initsys will suspend or modify your account(s) as soon as practicable after notification from you that a password has been lost, stolen or otherwise compromised. You must notify Initsys immediately if you believe your account may be compromised.



7Pricing Guarantee:

In the event that Initsys's pricing increases, your monthly recurring charge will remain at the price set during order placement or special billing agreement for 12 months following your Activation Date. Additionally, if your account is invoiced quarterly, semi-annually or annually, you will receive your set monthly recurring charge until the end of the current payment period. This does not include new orders under the same name and/or location or new orders associated with a service relocation, nor orders for service changes that may be required if the desired service is not available due to technical or other reasons. Price changes for different packages at the same speeds, technologies, and throughput level are not included; one-time charges, applicable taxes, and promotional pricing are excluded. This guarantee only applies to the recurring broadband service charges.





8Account Billing & Invoicing:



Initsys reserves the right to perform a credit/background check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this check.

Billing will commence on your Activation Date (i.e. The day our vendor declares your circuit installed, inbound switch completed, or your Dial up, i-mail, Domain Hosting, or other service account created.) You will be financially responsible for all service time thereafter unless Initsys is notified within a timely manner of an outstanding issue which Initsys deems to justify service credit. All additions to your existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable taxes and fees in addition to the advertised rate.

Business-class Bill Accounts will be mailed a monthly paper invoice free of charge unless alternative billing arrangements have been made. Residential-class Bill Accounts will be invoiced solely via email unless a physical paper invoice is requested for an additional charge per invoice.

Initsys charges for its service continuously regardless of whether or not you are using it because we continue to maintain your connection, reserve IP space, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.

Should you opt to terminate your Initsys service(s), you must contact us via telephone or email on the effective date. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations. Broadband services are also subject to our Disconnection Policy.





9Accounts Receivable:

All account payments are processed by Initsys.

Bill Accounts will be invoiced 30 days prior to the start of each regular monthly service period or charged on commencement of service. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account's bill cycle. For example, if your Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 15th of the following month. You will need to make another payment before the 15th to keep your account from becoming past due again. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a Returned Payment Fee.

Residential-class Bill Accounts are automatically set-up for credit card auto renewal by default, using the credit card information provided during the order process. To update your credit card information, switch to on-line check auto renew (automatic monthly payment by check), or turn off the auto renewal of your account, please call or email us. Initsys will make every effort to process auto renew payments from your credit card or checking account 7 days prior to each invoice's due date. Initsys reserves the right to charge the credit card on file if your check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of auto renew status, remains past due.

Initsys reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Disconnection Fees will be applied and due at that time.

If you wish to reinstate service with Initsys, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your user name may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and set-up charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.





10Liability & Limitations:



Initsys is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other Initsys customer, whether legal or illegal; or any other goods or services provided by Initsys or any of its vendors. In no event shall Initsys be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year.

The technical support that Initsys provides is limited to the connectivity itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.



11Termination Policy:



Initsys has the right to terminate your service at its sole discretion, as determined by Initsys's Moderations of Use and Acceptable Use Policy.

Customers within an active service term that are terminated due to violation of Initsys's Moderations of Use or Acceptable Use Policy will be assessed a standard Disconnection Fee. All customers terminated for this reason are liable for any and all outstanding funds due to Initsys at the time of service termination, including but not limited to rendered service, hardware and installation fees.



12Final Qualification:



Initsys is committed to providing quality Internet services. However, Initsys is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply. We are committed to solving your problems but we are not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.

Although Initsys wishes to provide an equitable solution to every customer, we reserve final rights in providing service and final discretion in all decisions.



13Broadband Specific



13.1Service Term Information:



Initsys requires all broadband installations and inbound switches to commit to an initial service term at least twelve months in length. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. Service terms are required to offset associated costs of service acquisition, and for Initsys to maintain innovative broadband policies and service features for a sustained period of time. Your initial service term begins once our vendor declares your circuit as up and running on Initsys's network, referred to as your Installation or Activation Date.

In the event of a service move (if you move and have the service installed at the new location), a new initial service term will begin again from the date of activation at the new location. Additionally, in the event of a switch from another ISP to Initsys, the initial service term will begin from the date that the ISP switch is completed. Requests to have your circuit switched to an alternate service provider at any time during an active service term with a specific order will be subject to an Outbound Switch Fee to cover Initsys's provisioning expenses.



13.2Installation Procedure Policy:



Initsys is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC or ILEC appointments, and/or Trouble Ticket dispatches.

Should a new order be placed for line-sharing DSL on a voice line with existing DSL service, a vendor may find it necessary to migrate that service in order to complete your installation. This may occur without warning during the course of your order. You are ultimately responsible for identifying this prior to initial order placement as well as handling any outstanding contractual obligations with your former DSL provider.

For most installation dates, an individual over the age of 18 must be present to grant access into the home, garage, apartment building, basement, phone closet, etc. so the technician can complete his or her work. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Initsys at least 2 business days in advance, there will be a Missed Appointment Fee. Similarly, a No Access Fee will be charged if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others.

If Inside Wiring is pre-authorized during order placement, you are in turn financially responsible for any and all applicable Inside Wiring Fees. If you choose not to pre-authorize Inside Wiring work, and it is determined that additional wiring is needed to complete your installation, it is your responsibility to ensure the necessary wiring is completed by yourself or a third party vendor. The Installation technician will supply your CPE (Customer Premise Equipment), and service will be considered Activated once the line from the Central Office to your phone box is verified as running.

The maximum number of phone line filters recommended on any line sharing order is three. Additional phone lines/filters may interfere with the quality of your DSL service.



13.3IP Allocation:



Regardless of account type, there is a maximum allotment of 10 IPs for all bridged circuits. In order to exceed the 10 IP maximum allotment, you must have a routed connection.

Residential Packages

The number of static IPs varies from package to package. Additional IPs can be purchased, with a maximum allotment of 10 for bridged services. Any package expressly marketed as including one Dynamic IP are an exception to this rule, as they are limited to one IP only. At this time, Initsys may choose to assign a static IP to these services, as some CPEs cannot be configured to use dynamic IPs without specific software. Testing of various software applications for future use is being looked into, and Initsys reserves the right to switch a static IP to dynamic at any time.

To find out how many IPs come with your Residential package, please visit our Residential DSL Package Comparison Table.

Business Packages

Most Business class packages are set up using Network Address Translation (NAT). IPs are assigned as needed, and up to 32 are available. Routed IPs are available in blocks of 2,4,8, 16, 32, 64, etc. Additional IP fees are billed for the entire block; e.g. if you have a block of 32 and need 5 more IPs, you will need to purchase a 64 block for a monthly charge, per IP beyond 32. Three IPs in any block are used for the router, etc., and are not usable for computers on your local network. Bridged Business class packages are limited to 10 IPs.

It is imperative that you use the IPs assigned to you. Initsys retains the right to randomly audit and reclaim any unused IPs assigned to a service. In addition, Initsys reserves the right to re-allocate or re-assign IP addresses as necessary at our sole discretion.

If your IP needs exceed the amount included in your current package, please submit a request for additional IPs via email.



13.4Service Guarantee: DSL



Digital Subscriber Line is a complex technology with known limitations that must be acknowledged, however, Initsys will do its best to provide you the maximum speed of the line you are ultimately delivered.

The availability targets referenced below do not account for scheduled outages on Initsys's network or events outside of Initsys's control, including, but not limited to, force majeure events or Customer equipment outages.



13.5ADSL


The throughput you receive can vary from line to line depending on a variety of factors such as Internal Wiring, line quality, location, Internet traffic, and other variables outside of Initsys's control. Due to this, Initsys provides ADSL as a best effort service, and cannot guarantee upload or download speeds.

Credits for service outages due to vendor or ILEC issues are issued only after the circuit in question has been out of operation for at least 12 hours. This is measured from the time a vendor Trouble Ticket is created, and indicated by the time stamp on the Trouble Ticket. If you are experiencing a service outage, please contact our support team as soon as possible to begin proper troubleshooting.



13.6SDSL and IDSL


The service guarantees described below do not apply to Residential-class IDSL services.

Initsys provides an uptime availability target of 99.8% for SDSL or IDSL services each calendar month. If Initsys fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Initsys is unable to ping your router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.

Initsys's target response time for initializing service restoration following phone notification of a SDSL or IDSL service outage is 12 hours. If Initsys is unable to meet this target response time, you may request a credit for 10% your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of your package's monthly recurring charge.

Initsys guarantees 80% throughput on all SDSL and IDSL services. If you receive one of these services and it is continuously and chronologically documented through Initsys tests and vendor Trouble Tickets as functioning below the guaranteed throughput for 60 days, you may disconnect your line without penalty. This is also true if a Initsys vendor (CLEC) or your telephone company (ILEC) has deemed your line as unable to reach the guaranteed 80%, and you are unable to downgrade to a lower speed within the same technology.





13.7T1


Initsys will make every effort to install your T1 circuit within 40 calendar days of your date of order. In the event that we fail to meet this target, you are eligible for a credit of 50% of your first monthly recurring charge. To claim this credit, you must request it from your account manager within 30 calendar days of your installation date. This guarantee does not apply to pre-installation cancellations due to technical limitations.

Initsys provides an uptime availability target of 99.99% for T1 services each calendar month. If Initsys fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Initsys is unable to ping your router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.

Initsys's target response time for initializing service restoration following phone notification of a T1 service outage is 4 hours. If Initsys is unable to meet this target response time, you may request a credit for 10% of your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of your package's monthly recurring charge.

Initsys guarantees 100% throughput on T1 loops between the customer premise and Central Office (i.e., your router will train to 100% of the purchased speed level). If your circuit is continuously and chronologically documented through Initsys tests and vendor Trouble Tickets as functioning below the guaranteed loop speed for 60 consecutive days, you may disconnect service without penalty. Initsys does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion and protocol overhead.

Initsys guarantees a maximum average latency of 80 milliseconds from your router to a test point on the Initsys network. Average latency is the hourly average of the latency tests performed on a T1 circuit. Average latency is not measured when a T1 is experiencing a service outage. Should your average latency exceed the guaranteed maximum in a calendar month you are eligible for a credit equal to one day's worth of service.

Packet return is guaranteed at a minimum hourly average of 99% from your router to a test point on the Initsys network. Packet return is not measured when a T1 is experiencing a service outage. You are eligible for a credit equal to one day's worth of service for each hour that your packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month.

Test points for both latency and packet loss guarantees are designated by Initsys and may be your gateway router or a server within your Initsys Point of Presence. Testing must be done in a period where the only traffic on the T1 circuit is the test traffic. In the case of continuous high latency or packet loss exceeding our service guarantees, Initsys reserves the right to recommend the disconnection of your service without penalty.



14All Broadband Services



Initsys does not guarantee "ping times" for any product. Ping times are often misunderstood as indicative of throughput or speed of your line. If you have any questions or concerns regarding ping times or throughput, please contact Initsys Customer Support via email.

All Initsys-provided customer premise equipment is pre-configured for the service ordered. Initsys technicians know your equipment, and can make any changes needed after your service is installed. Support for the hardware configuration comes with the service; customer modifications that make the hardware inaccessible remotely to Initsys technicians will result in billable configuration/repair by Initsys and/or vendor technicians. If you provide your own equipment, arrangements must be made during order placement. Initsys cannot guarantee your hardware's compatibility with our services or our ability to support it. If a technician visit is required to reconfigure pre-owned or non-Initsys provided hardware, an additional charge may be involved. If you require the password to access your router, Initsys provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router.

If a vendor technician dispatch is necessary to repair any non-Initsys/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Initsys remotely, hardware reconfigurations, or hardware repairs not covered under warranty, there will be a
Technician Dispatch Fee. Dispatch Time spent on site and/or additional repairs may be billed per vendor discretion. This does not apply to dispatches needed for a repair due to normal service outages unless deemed necessary by our vendors.
Other than as specifically described in these Terms of Service, Initsys makes no guarantee or warranty of any kind. Initsys does not warrant or guarantee that its service is fit for your particular purpose. Initsys does not warrant or guarantee that its service meets any implied warranty of merchantability. Initsys does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.




15Disconnection Policy:



It is the responsibility of the account holder to notify Initsys of cancellation via phone or email. Returning hardware, completion of service term, or cessation of payment does not constitute notification of cancellation.

PRIOR TO ACTIVATION - Cancellations within 72 hours of order placement will not be subject to penalty. Requested cancellations after 72 hours from initial order placement will be subject to a Processing Fee. If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders cancelled by Initsys or its vendors due to technical limitations.

FOLLOWING ACTIVATION - Initsys offers a 25-day Trial Period on DSL and T1 services. If you feel that you must cancel within 25 calendar days of your Activation Date you may do so without being subject to a Disconnection Fee. Any outstanding Monthly Service, Installation, Missed Appointment, No Access, Internal Wiring, or Promotional Fees will apply. If your DSL or T1 service is disconnected or terminated after 25 calendar days from your Activation Date and prior to end of your initial service term, or at any time during an extended service term with that specific order, you will incur a Disconnection Fee.

Should you opt to terminate your service with Initsys following any applicable Trial Period, disconnection will be processed on the day on which the request is made. Upon termination, a final invoice will be generated, which will include any credits or refunds for service paid in advance and any outstanding Installation, Missed Appointment, No Access, Internal Wiring, Promotional or Disconnection Fees, if applicable.

If you move or disconnect a specific circuit during an active service term and reorder Initsys broadband service within 90 days, Initsys will credit the charged Disconnection Fee to your account upon notification of Activation. The Disconnection Fee will not be refunded if the new installation is unsuccessful, or the line is cancelled within the 25 day Trial Period.

Disconnected orders are not eligible for rebate reimbursement. DSL or T1 equipment (CPEs) that have received a vendor and/or Initsys rebate will not be reimbursed. DSL or T1 CPEs that have not received a rebate will be reimbursed if the circuit was disconnected during the 25 day Trial Period, and postmarked for return via the United Parcel Service (UPS) within 25 days of your Activation Date. To ensure timely credit for an equipment return, you must provide the UPS tracking number to Initsys by filling out the Initsys Hardware Return Authorization Form. Equipment must be in its original packaging and with its original contents. This includes all Ethernet/power cables, power supplies, manuals, and discs that may have been provided with your specific CPE.





Miscellaneous



16Hosting



In addition to the terms provided in the All Services section of this document, the following terms apply specifically to customers utilizing Initsys's Web Storage/Hosting Services.



16.1Server Resources


Per our
Moderations of Use, should your system utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Initsys reserves the right to request that you either upgrade your VerfifiedAlarms hosting service package or reduce your use of resources to an acceptable level. Initsys will be the sole arbiter of what is considered to be an excessive amount of server resources. Initsys reserves the right to suspend or shut down any account deemed to adversely affect server performance or network integrity.



16.2Spam


Initsys strictly prohibits bulk, unsolicited email and related practices, as defined by our
Acceptable Use Policy.



16.3Scripts


Scripts that pose a potential security risk and/or are deemed to adversely affect server performance or network integrity will be shut down or removed without prior notice.



16.4IRC


Initsys does not allow IRC clients or IRC bots to be hosted and operated on its web-hosting servers.



16.5Content Restrictions


All content hosted on Initsys's servers are subject to our
Moderations of Use and Acceptable Use Policy. Initsys servers may be used for lawful security purposes only unless specifically authorised. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.



This includes, but is not limited to, Intellectual Property Rights Infringement, pornography and material that constitutes an illegal threat or violates export control laws.



16.6Modifications


Initsys may modify from time to time, and in any way, without limitation, any data, software, or hardware used to provide customers with Initsys's services. Certain changes to Initsys's services may affect the operation of customers' personalized applications and content. While Initsys will work with its customers to provide proper notice of such changes, each customer is solely responsible, and Initsys is not liable, for any and all such personalized applications and content, except as expressly agreed to by Initsys.



16.7Backup of Data


Customers are solely and entirely responsible for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Initsys services.


17Non-Initsys Products


Any mention of non-Initsys products by Initsys and its employees is for information purposes only and does not constitute an endorsement or recommendation by Initsys. Initsys disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Initsys products or services.



17.1Shell Accounts:

Some offered packages include a Unix shell account accessible from any computer in the world that has Internet access. Shell accounts are not automatically created.

For your security, shell accounts that remain inactive for at least 90 calendar days will be disabled. Remaining data may be archived for an additional 90 calendar days. Archived shell account data may require a Retrieval Fee if not already deleted.

Programs not associated with a logged-in interactive user are prohibited and will result in termination. This includes but is not limited to bots (for IRC or anything else) and cron jobs. Initsys reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space.





17.2Online Services (if subscribed).

Information server (iGoLive) connections are a limited resource and shared among all Initsys members. One Gigabyte of throughput is provided for free per account login each calendar month. Throughput benefits are subject to change per Initsys's discretion. Initsys does not guarantee throughput at any time.



17.3Virtual Private Network



All Virtual Private Network (VPN) services are assigned a Dedicated Business Account Manager, responsible for the resolution of account and service issues. Initsys's Dedicated Business Account Management team is guaranteed to provide a twenty-four hour response time for modifications to your service's configuration, and a four hour response time for VPN related outages following phone notification. A VPN related outage is defined as the inability to ping a private IP while retaining the ability to ping the public gateway. Credits for VPN service outages will be prorated based on the time between initial outage notification and restoration of VPN service.

Initsys requires all VPN customers to commit to an initial 12-month concurrent service term. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. A service term is required to offset costs of service acquisition. The initial term begins once VPN service (as defined during order placement) is up and running, referred to as your Installation or Activation Date.

If your VPN service is disconnected or terminated at any time following your Activation Date and prior to the end of an active service term, you will incur a Disconnection Fee. Should Initsys's Dedicated Business Account Management Team fail to meet set response time guarantees more than two times within a calendar month, you may disconnect service without penalty.





Table of One Time Charges:

CHARGES ARE SUBJECT TO CHANGE AT INITSYS'S SOLE DISCRETION. Please reference Initsys's Terms of Service for full description of charges.

Disconnection Fees:


Full remaining charge Disconnection Fee will apply if your DSL or T1 circuit is disconnected or terminated after your 25-day Trial Period and prior to the end of an active service term with a specific order.

Full remaining charge Disconnection Fee if your T1 circuit is disconnected or terminated after your Activation Date and prior to the end of a 24 month concurrent service term with a specific order.

Full remaining charge Disconnection Fee if your VPN service is disconnected or terminated after your Activation Date and prior to the end of an active service term.

Dispatch Time is charged per vendor discretion for time spent on site during a dispatch. Covad charges are £22 per whole or partial 15 minutes.

Inside Wiring Fee of £75 for the initial hour, £88 per hour there after.

£110 Line Conditioning Fee where applicable on IDSL, ADSL, and SDSL services provided through BT.

£75 Missed Appointment Fee if there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Initsys at least 2 business days in advance.

£75 No Access Fee if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others.

£90 Processing Fee applied for all requested cancellations after 72 hours from initial order placement prior to installation.

£10 Retrieval Fee applied for all requests of data retrieval from Initsys's servers.

£45 Returned Payment Fee if a payment in any form is recovered or otherwise not paid by your financial institution.

£75 Technician Dispatch Fee if a vendor technician dispatch is necessary to repair any non-Initsys/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Initsys remotely, hardware reconfigurations, or hardware repairs not covered under warranty. Additional repairs may be billed per vendor discretion.





Initsys EULA JAN 2008 Page 20 of 21 Copyright Initsys 2008