TetherView Master Services Agreement
Terms and Conditions
By logging on or accessing a TetherView LLC account, or by transferring data to Tetherview, Users agree to be bound to these terms of service and acknowledge receipt and careful consideration of all disclosures contained herein. TetherView LLC is herein referred to as “TV”. Subscribers, clients, customers and end-users are herein referred to as “Customer”. TV and Customer agree as follows: 1. Hosting, License, Support and Scanners 1.1. General. Subject to the terms and conditions of this Agreement, TV, or its designee, shall remotely provide Virtual Desktop services (“TetherView Services” or “TV Services”) to the Customer with access through the Internet. TV does not guarantee any 3rd party applications and Customer must have proper licenses for access to 3rd party applications and provide those license numbers to TV when requested. 1.2. Hours of Availability. TV shall use commercially reasonable efforts to make this service available twenty-four (24) hours per day, 7 days a week. Notwithstanding the foregoing, TV reserves the right to suspend Customers access to TetherView Services (i) in the event that Customer materially fails to fulfill its obligations under this Agreement, (ii) for purposes of scheduled maintenance, or (iii) for purposes of emergency maintenance work at any time as deemed appropriate by TV. 1.3. License. During the Term and subject to the terms and conditions of this Agreement, TV hereby grants to Customer to have its employees or clients access TetherView services and use Tetherview Software subject to the terms of the TetherView End User License Agreement. 1.4. Restrictions. TV will strictly adhere to all End User License Agreements (EULA) for all software, programs, applications, and services attached to the use of TetherView Services. Therefore, the Customer shall not reverse engineer, decompile, translate, disassemble, attempt to discover the source code of, or in any other way manipulate the Application in order to use it outside of the EULA agreement for that particular Application, or ask that TV assist in or complete such actions on behalf of the Customer. Additionally, the Customer shall not license, sub-license, distribute, or disclose the use of their Application(s) to any third party, or use their Application(s) for any purpose other than accessing the Customer’s own data in accordance with this Agreement. Customer agrees that they are solely responsible for the content of any material posted to their Application, and that no end-user will attempt to access programs, options, settings, services, files, applications, or servers not within their user rights. At no time may the Customer share user credentials, license numbers, or any other applicable information used to access TV services or 3rd party applications. All login credentials and license information should directly and accurately reflect the proper names, amounts, and versions of both the end users and software/applications being utilized by the Customer. If the Customer is found to be performing any of the aforementioned actions or soliciting the services of TV in performing these actions, TV reserves the right to cancel the existing contract with the Customer immediately with no refund. 1.5. Support. TV operates a help desk between the hours of 8:00 AM and 8:00 PM EST, Monday through Friday, exclusive of TV’s scheduled holidays (which are: Christmas Day, New Year’s Day, Thanksgiving, July 4th, Memorial Day, Labor Day). The help desk will accept inquiries by telephone, electronic mail, or ticketing system solely from those users designated by Customer to make inquiries. TV will use its best efforts to respond to inquiries within 4 hours after receipt. 1.6. Security. TV will use industry standard security procedures to secure the transmission of all information to and from the user and TetherView Service. Such security protection will include, at a minimum, the following: (i) user Identification and access controls designed to limit access to information to Customer’s authorized users; (ii) industry standard encryption techniques when information is transmitted to or from TetherView Service; and (iii) physical security measures, including securing all information on a secure server, in locked data cabinets within a secure SOC2 Type II Certified Data Center. 1.7. Backup. TV will maintain and follow a disaster recovery plan designed to minimize disruption to Customer’s comprised of internal procedures to recover the TV environment in the event of a disaster. The plan provides for daily back-up of Customer data. Daily back-ups are stored for 40 days. 1.8 Third Party Software. TV does not guarantee the functionality of any 3rd party applications. There will be no refunds by TV should app not function to clients satisfaction. 1.9. System Requirements Broadband Internet connection with at least 3mbps DOWNLOAD and 512kbps UPLOAD speeds Macintosh: Minimum OS of 10.6 or above must download and install Remote Desktop software (no additional charge) for connection to service Processor: 2.8GHz Intel Core 2 Duo Memory: 4 GB 667 MHz DDR2 SDRAM Windows PC: MINIMUM: Windows XP SP3, Windows Vista SP2, Windows 7, or Windows 8 (as of 4/8/14 Microsoft is no longer supporting any versions of Windows XP.) Remote Desktop Protocol (Connection) 7.0 or above 150 MB Hard Drive Space 2 GB RAM 1024×768 Monitor Resolution RECOMMENDED: Windows 7 SP1 Remote Desktop Protocol (Connection) 7.1 2 GB Hard Drive Space 4 GB RAM Dual Screen monitors with a combined screen resolution no higher than 4096×2048 In an office environment with multiple connections coming from many computers, a Business Class router is required for optimal performance. 2. Customers Obligations 2.1. Integrity. Use of TV services and networks is granted to the Customer based on their contractual agreement(s) with Software providers. TV reserves the right to immediately terminate a contractual agreement/relationship with the Customer at any time for unlawful, malicious, or inappropriate conduct carried out by the Customer on such systems, including, but not limited to:
- Accessing or attempting to access TV company information of any kind as a means to view, learn, solicit, or use TV property.
- Accessing or attempting to access networks, servers, drives, folders, or files other than that of the Customer, or those that the Customer has not been expressively given permission to access;
- Violating the laws and regulations of the United States or any other nation or any state, city, province, or other local jurisdiction in any way;
- Deliberately propagating any virus, worm, Trojan horse, trap-door program code, or other code or file designed to disrupt, disable, impair, or otherwise harm TV , services, networks, ASP Applications or 3rd party application or systems of any other individual or entity;
- Deliberately causing congestion, disruption, disablement, alteration, or impairment of TV networks or systems;
- Downloading, uploading, or installing any software, applications, or programs on TV servers or networks that have not been approved by TV and/or are not included in the Customer’s contract with TV;
- Mining electronic currency.
- Defeating or attempting to defeat security restrictions on TV systems and applications.