ServerPronto Service Level Commitments
TERMS AND CONDITIONS
ServerPronto's Availability Guarantee is to have the ServerPronto Network, which includes everything from the connection from customer’s servers to the connection to the Internet Backbone, Connectivity provided to customers available 100% of the time and, as set forth below, ServerPronto will credit Customer's account if ServerPronto fails to meet this Availability Guarantee during any given calendar month. At Customer's request, ServerPronto will calculate Customer's "Network Unavailability" in a calendar month. "Network Unavailability" consists of the number of minutes that the ServerPronto Network was not available to Customer, but will not include unavailability which Customer fails to report to ServerPronto within five days, or any unavailability resulting from (a) ServerPronto Network maintenance provided it occurs at regularly scheduled times of which Customer has reasonable advance notice or at times otherwise agreed to in advance by Customer, (b) any Customer circuits or equipment, (c) Customer's applications or equipment, (d) acts or omissions of Customer, or any use or user of the service authorized by Customer or (e) reasons of Force Majeure (as defined in the applicable service agreement). For each hour in which any Network Unavailability occurs, Customer's account shall be credited for the pro-rated charges for one day of the ServerPronto Monthly Fee for the service with respect to which this Guarantee has not been met.
In the event that Customer experiences packet loss in excess of one percent (1%) (“Excess Packet Loss”) or transmission latency in excess of 120 milliseconds round trip time between any two points within ServerPronto’s Network (collectively, “Excess Latency”, and with Excess Packet Loss “Excess Packet Loss/Latency”), ServerPronto will take all actions necessary to determine as promptly as reasonably practicable the source of the Excess Packet Loss/Latency.
(A) Time to Discover Source of Excess Packet Loss/Latency; Notification of Customer. As soon as practicable, but within two (2) hours of discovering the existence of Excess Packet Loss/Latency, ServerPronto will determine whether the source of the Excess Packet Loss/Latency is limited to the Customer equipment and the ServerPronto equipment connecting the Customer equipment to ServerPronto’s LAN (“Customer Specific Packet Loss/Latency”). If the Excess Packet Loss/Latency is not a Customer Specific Packet Loss/Latency, ServerPronto will determine the source of the Excess Packet Loss/Latency as soon as practicable, but within two (2) hours. In any event, ServerPronto will notify Customer of the source of the Excess Packet Loss/Latency within sixty (60) minutes after identifying the source.
(B) Remedy of Excess Packet Loss/Latency. If the Excess Packet Loss/Latency remedy is within the sole control of ServerPronto, ServerPronto will remedy the Excess Packet Loss/Latency as soon as practicable, but within two (2) hours of determining the source of the Excess Packet Loss/Latency. If the Excess Packet Loss/Latency is caused from outside of the ServerPronto LAN or WAN, ServerPronto will notify Customer and will use commercially reasonable efforts to promptly notify the party(ies) responsible for the source and cooperate with it(them) to resolve the problem as soon as possible.
(C) Failure to Determine Source and/or Resolve Problem. In the event that ServerPronto is unable to determine the source of and remedy the Excess Packet Loss/Latency within the time periods described above (where ServerPronto was solely in control of the source), ServerPronto will credit Customer’s account the pro-rata connectivity charges for one (1) day of service for every twelve (12)hour period after the time periods described above that it takes ServerPronto to resolve the problem with the maximum credit for any given month not to exceed one (1) month of service.
(D) Notification of Excess Packet Loss/Latency; Customer maintains the responsibility to report the Excess Packet Loss/Latency through our technical support ticketing system, if not properly reported credits for any SLA downtime claims are limited to ten (10) hours worth of credit.
ServerPronto's Power Availability Guarantee is to have the ServerPronto AC power provided to Customer's collocation rack available 100% of the time and, as set forth below, ServerPronto will credit Customer's account if ServerPronto fails to meet this Power Availability Guarantee during any given calendar month. "Power Unavailability" consists of the number of minutes that adequate power to enable Customer’s equipment to function at its peak load levels was not available to Customer's collocation rack, but will not include collocation rack power unavailability which Customer fails to report to ServerPronto within five days, or any unavailability resulting from (a) any Customer circuits or equipment, (b) Customer's application or equipment, (c) acts or omissions of Customer, or any use or user of the service authorized by Customer or (d) reasons of Force Majeure (as defined in the applicable service agreement). For each day during which any Power Unavailability occurs , Customer's account shall be credited the charges for one day of the ServerPronto Monthly Fee for the service with respect to which this Guarantee has not been met.
Facility Security and Access. ServerPronto shall limit access to the facilty in which the collocation space is located to its authorized employees and representatives and those of its customers, and shall limit access to Customers’ collocation space to Customer and ServerPronto’s authorized employees and representatives.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
ServerPronto is not responsible for any damages your business may suffer. ServerPronto does not make implied or written warranties for any of our services. ServerPronto denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ServerPronto.
Types of Data Collected
ServerPronto collects data related to our users through the following methods:
• Automated means such as communication protocols and cookies
• Online registration and online signup forms
• Sales inquiries and transactions
• Online Customer communications
• Offline communications and interactions
Depending upon the method of collection and use, the data collected may include information about the User from forms, registrations and transactions (such as name, title, address, company, phone number and e-mail address), financial/transaction information (such as credit card, card verification value (ccv), and payment information), information about use of Site (such as electronic communications protocols, web pages visited, and cookies) and User preferences.
Electronic Communications Protocols and Cookies
ServerPronto may receive data from you as part of the communication connection itself through the standard electronic greeting between your computer and our servers. This information often consists of network routing (where you came from), equipment information (browser type), internet protocol address, date and time. At this time our server will also query your computer to see if there are "cookies" previously set by ServerPronto.com to facilitate log in or other site navigation procedures. A "cookie" is a small piece of information sent by a web server to store in a web browser so it can later be read back from that browser.
Cookies on the Site may collect the following information: a unique identifier, User preferences and profile information used to personalize the content that is shown, and User information to access ServerPronto's user forums. Some cookies used by ServerPronto.com may remain on the user's computer after they leave the Site, but the majority is set to expire within thirty ("30") – three hundred sixty five ("365") days. There may be some cookies on certain tools that are of longer duration. Cookies may also be of benefit to you by creating a more streamlined login process, keeping track of shopping cart additions or preserving order information between sessions. In the future, as we enable further customization of the Site, cookies will help in ensuring that information provided to you will be the most relevant to your needs.
Browsers provide you with information and control over cookies. You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then have the opportunity to accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers. You can generally disable the cookie feature on their browser without affecting their ability to use the Site, except in some cases where cookies are used as an essential security feature or to provide functionality necessary for transaction completion.
Users visiting the website through an IP address that is associated with (a member state of) the European Union ("EU Users") will by default only receive cookies that expire once they leave the website. This may result in reduced website functionality. EU Users may opt-in to the receipt of cookies of a longer duration by giving their consent in a pop-up window or bar shown at the homepage of the website. Following their consent, EU Users will receive all cookies discussed above and full website functionality will be available. EU Users may choose to revoke their consent at any time by deleting all cookies associated with ServerPronto through their browser settings (as discussed above).
Customer is solely responsible for any processing or international transfer of all personal information in the Customer Content and agrees to comply with all applicable rules, laws and regulations in any and all applicable regions or countries related to the transfer of such personal information. To the extent that such information is subject to rules, laws, regulations or the like implementing EU Data Protection Directive 95/46/EC, ServerPronto will be considered a "data processor" and will, as such, act on Customer’s instructions and implement security measures in accordance with the MSA.
The Data We Collect and How We Use It
ServerPronto collects data from users for the following purposes:
• To engage in transactions for service. Name, address, email, purchase details, and credit card/payment information may be collected and stored as part of the transaction history. The majority of the data collected under this category is contact information. ServerPronto may need to share some of this data (address, payment) with credit card clearing houses, banking institutions, and other similarly situated Agents, who may require the information in order to complete the transaction (as used here, "Agents" are persons or companies who act on behalf of or under the direction of ServerPronto). ServerPronto will not transfer information to any of its Agents unless it first either ascertains that the Agent subscribes to the Safe Harbor Principles or is subject to the EU Directive on Data Protection or another adequacy finding or enters into a written agreement with such Agent requiring that the Agent provide at least the same level of privacy protection as is required by the relevant Safe Harbor Principles.
• To provide future service and support. Information collected for this purpose is both contact data and information related to products and service/support requested. This information is also used to provide service, product update, and similar notices.
• To select content, data may be collected to help create Site content and navigation that is most relevant and user friendly. This includes data collected as a result of site navigation, as well as data provided in forms.
• To respond to user inquiries and requests for information. This data includes registrations for online newsletters, opt-in mailing lists and specific requests for further information.
• To respond to law enforcement organizations, government officials, third parties when compelled by subpoena, court order, or applicable law, or to report or prevent suspected fraudulent or illegal activity in the use of the Services. ServerPronto will notify Customer of the information request or submission as, and if, allowed.
• To our contractors who provide services or perform functions on our behalf.
• To better tailor marketing to User needs. We may use information from User purchases and User-specified requirements to provide you with timely and pertinent notices of ServerPronto produsact releases and service developments that address your needs and specified requirements and/or which are similar to products and services previously purchased by the User from ServerPronto.
• To better respond to requests for service or quotes for product and equipment purchase. ServerPronto will pass contact information to the appropriate ServerPronto sales person, or reseller for follow-up related to ServerPronto products or services.
Customer Portal, Customer Customization, Preferences and Opt-Out
New Customers are automatically registered for access at https://accounts.serverpronto.com/
The Customer Portal allows Customers the ability to create users, add/delete users, add/delete user privileges and opt in (or out) of Services and mailing lists. ServerPronto has also provided the Customer’s master user the ability to manage the Customer’s Account Information. We maintain the data and allow the Customer’s master user to update it at any time. To change this information, you must be a current Customer and login with a user ID and password and follow the prompts to "update profile" on the Customer Portal. We continue to expand the profile of Services and information that you may access and update.
ServerPronto is concerned with the security of the data we have collected and utilizes commercially reasonable measures to prevent unauthorized access to that information. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, ServerPronto uses standard security protocols and mechanisms to facilitate the exchange and the transmission of sensitive data, such as credit card details. ServerPronto does not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual. ServerPronto is certified PCI-DSS compliant. ServerPronto is also SSAE-16 SOC 2certified.
In the event that personal information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, ServerPronto will notify the affected individual of the breach by email or ticket on the Customer Portal or, if ServerPronto is unable to contact the individual by email or ticket on the Customer Portal, then by regular mail. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for ServerPronto or law enforcement to determine the scope of the breach and to ensure or restore the integrity of the data system. ServerPronto may delay notification if ServerPronto or a law enforcement agency determines that the notification will impede a criminal investigation, and in such case, notification will not be provided unless and until ServerPronto or the agency determines that notification will not compromise the investigation.
If we are going to use your personal information in a manner different from that stated at the time of collection, we will notify you via email. In addition, if we make any material changes in our privacy practices that do not affect the information already stored in our database, we will notify you via email or post a prominent notice on the Customer Portal notifying users of the change
ServerPronto 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. ServerPronto 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 ServerPronto certification, please visit http://www.export.gov/safeharbor/
Contact Information and Inspection Rights
3109 Grand Avenue
Miami, FL 33133
If at any time you decide that you no longer desire that we hold, use, correct or supplement any of your personal information, receive information regarding any information processed in relation to you or you wish to change the manner in which your information may be used, please let us know by contacting us as set forth above.