The terms and conditions outlined herein are applicable to any active Client of Strategic Micro Systems ("Strategic", "us", "we") who currently maintains an active Master Services Agreement ("MSA"). Client represents and warrants to Strategic that they will at all times comply with the policies within that agreement, as well as the acceptable use policies outlined herein.
Based on the services you receive from Strategic, some or all of these policies may apply.
By using any Strategic services, including but not limited to our InSITE, AssureIT, or other support and/or cloud services , you are agreeing to comply with all of the terms and conditions in your Service Agreement.
The policies outlined herein are intended to help supplement specific procedures as it may relate to the services you utilize with Strategic. They also outline the acceptable use of the services.
In the event of a conflict between these terms and the terms in your agreement, the terms in your service agreement shall prevail.
Clients also acknowledge the acceptable use policy herein may be amended from time to time and they agree that they shall be available at any time at for review.
AssureIT Service Programs
Clients with an active and valid AssureIT, InSITE, or Cloud Services Service Agreement agree that these agreements carry minimum term commitments as outlined within your specific MSA. These term commitments automatically renew, without notice, unless we are provided with no more than 60 but not less than 30 days notice of your intent to not renew the agreement prior to the expiration of the current term.
Support requests and service related issues will be responded to during our Normal Business Hours (“NBH”) of Monday Thru Friday, Non-Holidays, from 8:30am to 5:30pm. All support issues must be e-mailed to email@example.com. Alternatively, you may call us during NBH at 973-335-8800 and choose the option for Support. These are the only two methods Strategic will respond to for support purposes. Extended hours support is available outside NBH 5:30pm to 11:00pm M-F and on Weekends/Holidays. Extended Hours support is available by calling 973-335-8800 and choosing the option for Emergency support or by e-mailing firstname.lastname@example.org.
Strategic makes no guarantees or representations, either expressed or implied, regarding Resolution Time of any issue (general or critical). If the issue is categorized as critical, we will work on it until it’s resolved provided the issue is within the scope of our control. If a critical alert occurs outside of normal business hours, on weekends, or on a holiday, resolution may not occur until the next business day. If we cannot reach the primary point of contact outside of normal business hours and such contact is needed to rectify your issue, Strategic may not be able to provide support. Please also be aware that Strategic’s Resolution Time may be limited to the response time of that of a 3rd party.
Acceptable Use Policy for Data Center & Co-Lo Services
Clients with an executed Master Services Agreement ("MSA") represent and warrant to Strategic that they will at all times comply with Strategic’ Acceptable Use Policy, as outlined herein and amended from time to time by reviewing at
Strategic Supplied Hardware/Software
a. All hardware and software purchased by Strategic for Customer pursuant to a Service Agreement in connection with the Services is covered by the original manufacturer’s warranty only.
b. Administration for hardware and software is covered by Strategic when Customer is purchasing managed services as set forth in the MSA. In the absence of a specific service contract for managed services or clause in an existing MSA for managed services, all work requested and instructed by Client to be performed by Strategic on Customer hardware or software, will be performed at a time and material basis at the rates indicated within the client's MSA.
c. As used herein, Time and Material shall mean technical tasks performed by Strategic on hosted cloud-based systems. Typical activities provided include, without limitation, troubleshooting application related performance issues, virus remediation, restoring from client backups, troubleshooting end user connectivity, and other general network administration tasks. Rebooting or power-cycling servers, testing or swapping defective cables, visual reporting on status indicators, reseating or replacement of modular equipment and connections for remote access that are part of the cloud service are included at no extra cost.
d. Although Strategic technicians are skilled in troubleshooting and repairing a variety of hardware and/or software, prior knowledge of, or training on, a particular system utilized by Client cannot be guaranteed. Strategic shall not be liable for any losses or damages due to any failure of the equipment or for any loss of data or damages resulting from services provided.
Non-Strategic Supplied Hardware/Software
a. Physical equipment and/or software products that are not purchased by Strategic for Customer pursuant to a Service Order are the responsibility of Customer. Strategic will not be responsible for the installation and/or service of equipment and/or software that was not provided by Strategic. Customer is responsible for the use and compatibility of hardware and software not provided by Strategic. In the event that Customer uses hardware and software not provided by Strategic that impairs Customer’s use of Strategic’ services, Customer shall nonetheless be liable for all payments to Strategic. Upon notice from Strategic that the hardware and/or software not provided by Strategic is, in the reasonable opinion of Strategic, causing or is likely to cause, hazard, interference, or service obstruction, Customer shall eliminate the hazard, interference, or service obstruction immediately. Customer will, if necessary, pay Strategic to troubleshoot problems caused by such equipment and/or software not provided by Strategic. Strategic will not be responsible if any changes in hardware, software or services, cause equipment not provided by Strategic to become obsolete, require modification or alteration, or in any other way affect the total performance of Strategic network services end-to-end. If any non-Strategic provided equipment or software adversely impacts the Strategic backbone network or networks attached to the Strategic network, Strategic reserves the right to take any and all action necessary to remediate such impact. In the case of Customer owned hardware and/or software connected to the Strategic network, Customer is responsible for any and all service to that equipment.
b. Strategic, at its option, can supply technical services in the form of consulting and/or service to Strategic customers at their request. Such services are billed at rate of $150/hour during Business Hours, $240/hour on a Business Day not during Business Hours, or $300/hour on any day that is not a Business Day. Strategic has the right to refuse to provide any such technical services at its sole option.
c. WITH RESPECT TO LEASED TELEPHONE LINES, NO MATTER WHO THE LEASING PARTY IS, STRATEGIC MUST HAVE FREE AND OPEN ACCESS TO SUCH LINES. This will allow Strategic’ operations people to test and isolate any type of trouble that Customer and/or Strategic might experience.
Acceptable Use Policy for Strategic Cloud Services including Microsoft Office365
This policy identifies activities that you are prohibited from engaging in when using any Strategic service including but not limited to Data Center Hosting, Microsoft Office365, CloudBridge, TelAssure, or other cloud-related services.
When using Strategic services, you may not:
Use the Services in a way that is against applicable law including:
Illegal activity such as child pornography; gambling; piracy; violating copyright, trademark or other intellectual property laws.
Accessing or authorizing anyone to access the service from an embargoed country.
Threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating anyone for any reason.
Invading anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and consent.
Use the Services in a way that could harm them or impair anyone else's use of them including:
Any attempt to gain unauthorized access to a Service, acting to deny others access to a Service, or authorizing any third party to access or use the Services on your behalf (such as anyone without a license or revealing to anyone your username and password).
Use the Services to try to gain unauthorized access to any other service, data, account or network by any means.
Use any automated process or service to access or use the Services such as a BOT, a spider or periodic caching of information stored by Strategic or Microsoft.
Exploit minors in any way, or collecting personally identifiable information of any minor.
Intending to harm or Falsify any email header information or in any way misrepresent your identity including misrepresentation the source of anything you post or upload or impersonating another individual or entity, such as with "spoofing".
Use the Services to transmit, distribute, or deliver any unsolicited bulk or unsolicited commercial e-mail (i.e., spam)
Remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the Services
Providing or creating links to external sites that violate this policy or other legal agreements Microsoft provides as well as any use of the Services to distribute any offering or link designed to violate these terms (e.g., enable sending of spam, enable denial of service attacks, etc.)
Strategic is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment.
You are responsible for protecting your computer against interference, spyware or viruses that may be encountered for downloaded items from the service. We recommend you install a virus protection program on your computer and keep it up to date.
Information you provide or upload to the Services may be stored outside of the country in which you reside.
Your use of any Strategic Cloud Service is governed by the terms and conditions of the agreement(s) under which you purchased the services. You can obtain a copy of your agreement(s) by contacting Strategic.
If Strategic believes that unauthorized or improper use is being made of a Cloud Service, it may, without notice and at its sole discretion, take such action as it deems appropriate, including blocking messages from a particular internet domain, mail server or IP address.
Strategic reserves the right to amend or change the Acceptable use policy of any service at any time without notice. We encourage you to periodically review these guidelines to ensure you are in compliance. Nothing in this policy is intended to grant any rights with the use of Strategic Cloud Services. Failure to enforce this policy in every instance does not amount to a waiver of Strategic's rights.