TERMS AND CONDITIONS - *Note* Payments to tzulo are Non-Refundable.
  • 1Fees and Billing.
    • 1.1Service Charges. Customer agrees to pay the monthly charges for Services and any set up and other charges indicated on the Service Order(s) or otherwise due hereunder (collectively, “Service Charges”). Service Charges do not include any applicable taxes, which may be billed to Customer in addition to the Service Charges. If a Service Order provides for deferred payment of set-up costs over time, Customer acknowledges that it is responsible for paying in full the remaining balance of such set-up costs in the event of any early termination of the Service Order or this Agreement for any reason whatsoever.
    • 1.2“Burst” Bandwidth. Billing for connectivity beyond the committed level ("burst" bandwidth) will follow the "95th percentile" rule: Usage samples will be collected and sorted from highest to lowest and the top 5% discarded. The next highest sample (the 95th percentile number) will then be used as the basis in computing the charge for the month for bandwidth beyond the committed level. See “Addendum: Tzulo, Inc. Bandwidth Terms” for further details
    • 1.3Billing and Payment Terms. Beginning on the date of commencement of the Services, as set forth in the Service Order or otherwise documented, Customer will be billed monthly in advance for the contracted Services; except for specified one-time additional Services ordered by Customer and for “burst” bandwidth, which will be billed after the end of the month. All Service Charges and other fees will be due in U.S. dollars within fifteen (15) days of the date of invoice, or on such other terms as Tzulo may require if Customer has not met the criteria for an unsecured net-15-day line of credit. Late payments will accrue interest at a rate of one and one-half percent (1 ½%) per month or the highest rate allowed by applicable law, whichever is lower. If Customer fails to make payments when due and does not cure such failure within (10) days after receipt of written notice of the same pursuant to the terms hereof, Tzulo will consider Customer in default of its payment obligations hereunder, may suspend service to Customer and require payment in advance of further Services.
    • 1.4Unmetered Bandwidth. Unmetered Bandwidth maintains a no commit gurantee on ports speeds for services. Unmetered Bandwidth services allow customers to burst to the full speed of the service port for short time periods, but not to have sustained usage that is greater then 95% metric of 30% of the port. ie a 100mb port cannot be utilized and sustained beyond 30megabits without upgrading service to a dedicaed or Burst Bandwidth model. ie a 1gigabit port cannot be utilized beyond 30% or 300mbs of sustained usage (95th metric) without upgrading bandwidth options with tzulo. Tzulo has the right to cap, rate limit, or traffic shape your service to comply with our needs to maintain a fair and acceptable usage amongst other customers on this shared service. Unmetered Service is not gurantee of any port speeds or performance metrics. It is the ability to burst without metering for compensation. Tzulo reserverse the right to terminate services with customers when it sees an undue burden on its network or its other customers. Unmetered service is a shared service with no gurantee of bandwidth, MB transfereed or other metrics of any kind.
  • 2Services.The Services will be provided to Customer on the terms set forth on the Service Order(s), subject to the provisions of this Agreement. Requests for additional Services may be made to Tzulo’s sales staff or by e-mail to sales@tzulo.com and will be effective when accepted by Tzulo. Such additional Services shall result in an increase in the Service Charges as set forth in the Service Order. For additional services outside the scope of this Agreement (including any Service Order), Tzulo must receive 72 hours advance notice before commencing such services, or may bill Customer a $500 rush services charge.
  • 2.2Network Burden. It is the right to tzulo to suspend, cap or rate limit any and all traffic when deemed deterimental to the health network or other customers. Unmetered service is a shared service and is sold with no gurantees of any kind. Customers are asked to upgrade to dedicated port, metered, or flat rate plans to avoid congestion on the network.
  • 3.Equipment
    • 3.1Equipment Sales. If any Service Order includes the sale of equipment to Customer (including hardware, software, or other equipment), Customer agrees to pay the prices specified in the Service Order plus all applicable taxes, import and custom duties, and similar charges, upon the terms set forth herein. All risk of loss or damage to such equipment passes to Customer upon installation to Customer’s data center space or such other point designated in the Service Order. Title passes to Customer when all outstanding balances due for such equipment are paid in full. In the event Customer defaults on its payment obligations hereunder, Tzulo may enter the premises wherein the equipment may be found and take possession and remove such equipment.
    • 3.2Supplied Equipment. Customer shall have no right or interest in any equipment supplied by Tzulo other than the right to use such equipment during the specified term while payments are current. Customer shall be liable to Tzulo for any damage to such equipment caused by Customer or Customer’s representatives, agents or employees.
  • 4.WarrantyTzulo warrants that it will provide the Services at a professional level of quality conforming to generally accepted industry standards and in compliance with all applicable laws and regulations.EXCEPT AS SPECIFICALLY SET FORTH HEREIN, CUSTOMER’S USE OF THE SERVICES ARE AT CUSTOMER’S OWN RISK, AND TZULO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THERE IS NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
    • 5.Disclaimer of Third Party Actions and Control. Tzulo does not and cannot control the flow of data to or from the Tzulo network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can produce situations in which Customer connections to the Internet (or portions thereof) may be impaired or disrupted. It cannot be guaranteed that such situations will not occur and, accordingly, Tzulo disclaims any and all liability resulting from or related to such events. In the event that Customer’s use of the Service or interaction with the Internet or such third parties is causing harm to or threatens to cause harm to the Tzulo Network or its operations, Tzulo shall have the right to suspend the Service. Tzulo shall restore Service at such time as it reasonably deems that there is no further harm or threat of harm to the Tzulo Network or its operations.
      • 6.6.Limitations of Liability.
        • 6.1ExclusionsIn no event will Tzulo be liable for any incidental, punitive, indirect or consequential damages (including without limitation any lost revenue or lost profits) or for any loss of technology, loss of data, or interruption or loss of use of Service (except as set forth in any applicable Service Level Agreement) or any other similar claims by Customer or related to Customer’s business, even if Tzulo is advised of the possibility of such damages.
        • 6.2.Maximum Liability. Notwithstanding anything to the contrary in this Agreement, Tzulo’s maximum aggregate liability to Customer related to or in connection with this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise will be limited to the total amount due to Tzulo from Customer hereunder for the first twelve (12) month period of the Agreement.
      • 7.Indemnification.
        • 7.1.Covered Claims. Each party (the “Indemnifying Party” for purposes of this Section) will indemnify, defend and hold harmless the other party (the “Indemnified Party”), its directors, officers, employees, and affiliates (collectively, the “Indemnified Entities”) from and against any and all claims, actions or demands brought against any of the Indemnified Entities alleging: (a) infringement or misappropriation of any intellectual property rights by the Indemnifying Party except to the extent caused by the Indemnified Party; (b) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, or spamming or any other tortuous or illegal conduct; (c) any property loss suffered by any other customer of Tzulo resulting from acts or omissions by the Indemnifying Party or its representative(s) or designees; or (d) any personal injury suffered by any representative, employee or agent of the Indemnified Party arising out of such individual’s activities related to the Services except to the extent caused by the Indemnified Party’s negligence or willful misconduct (collectively, the “Covered Claims”).
        • 7.2.Notice Procedure. The Indemnified Party will provide the Indemnifying Party with prompt written notice of each Covered Claim of which the Indemnified Party becomes aware. At the Indemnified Party’s sole option, it may elect to participate in the defense and settlement of any Covered Claim, provided that such participation shall not relieve the Indemnifying Party of any of its obligations under this Section. The Indemnifying Party shall have the right to control the defense of any Covered Claim.
      • 8.Term. This Agreement will commence on the Effective Date and will expire upon the expiration of all Service Order(s) hereunder, unless sooner terminated as provided herein. Each Service Order will have the term specified therein, and will automatically renew at similar terms of original Service Order unless Customer notifies Tzulo in writing prior to the expiration of the then-current term that it has elected to terminate the Services under such Service Order at the end of such term.
        • 9.Termination.
          • 9.1Nonpayment. In addition to its rights under Section 9.3 below, Tzulo may suspend service to Customer if Customer is in default of its payment obligations hereunder. Reinstatement of Services may involve costs, for which a reconnection fee may be required.
          • 9.2Bankruptcy. Either party may terminate this Agreement upon written notice to the other party if such other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, or liquidation for the benefit of creditors, if such petition or proceeding is not dismissed within 60 days of filing.
          • 9.3Breach. Except as otherwise stated, either party may terminate this Agreement if the other party breaches any material term or condition of this Agreement and fails to cure such breach within ten (10) days.
          • 9.4Effect of Termination. Upon expiration or termination of this Agreement: (a) Tzulo will cease providing the Services; (b) except in the case of termination by Customer pursuant to Section 9.3, all of Customer’s payment obligations under this Agreement, including but not limited to the Service Charges through the end of the Term indicated on the Service Order(s) will become due in full immediately; and (c) Tzulo reserves the right to restrict Customer’s physical access to its equipment in any facility of Tzulo’s and to hold such equipment securely until payment in full has been received or until such equipment is taken in full or partial satisfaction of any lien or judgment.
        • 10.Survival.The Parties’ respective representations, warranties, and covenants, together with obligations of indemnification, confidentiality and limitations on liability will survive the expiration, termination or rescission of this Agreement and continue in full force and effect.
          • 11Miscellaneous Provisions.
            • 11.1.Force Majeure. Other than with respect to failure to make payments due, neither party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond its reasonable control.
            • 11.2Confidentiality. Each party agrees that all information furnished to it by the other party, or information of the other party to which it has access under this Agreement, shall be deemed the confidential and proprietary information (collectively referred to as “Confidential Information”) of the Disclosing Party and shall remain the sole and exclusive property of the Disclosing Party (the party furnishing the Confidential Information referred to as the “Disclosing Party” and the other Party referred to as the “Receiving Party”). Each party shall treat the Confidential Information and the contents of this Agreement in a confidential manner, shall use such information only to the extent necessary to perform its obligations hereunder, and, neither party may directly or indirectly disclose the same to anyone other than its employees on a need to know basis and who agree to be bound by the terms of this Section, without the written consent of the Disclosing Party. Information will not be deemed Confidential Information hereunder if such information: (i) is known to the Receiving Party prior to receipt from the Disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (ii) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; (iv) is independently developed by the Receiving Party; or (v) is required to be released by law or regulation, provided that the Receiving Party provide prompt written notice to the Disclosing Party of such impending release, and the Receiving Party cooperate fully with the Disclosing Party to minimize such release.
            • 11.3. Marketing. Unless Customer at any time requests otherwise, Tzulo may refer to Customer by name and with logo in Tzulo’s marketing materials and website and, subject to Customer’s review and approval, may promote Customer’s business and use of the Services through a press release, advertising, and other marketing literature.
            • 11.4.Government Regulations. Customer will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by any government within whose jurisdiction Customer operates or does business.
            • 11.5. Assignment. Neither party may assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of the other party, except to an affiliate or a party that acquires substantially all of the assigning party’s assets or a majority of its stock as part of a corporate merger or acquisition. Any attempted assignment or delegation without such consent will be void. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.
            • 11.6. No Resale. Customer may not resell the Services. For purposes of this Section, the provisioning of web-hosting on Customer’s equipment and/or ISP service is not considered reselling the Services. Customer hereby indemnifies Tzulo against any harm or any claims arising out of acts or omissions of any customers of Customer or other third parties using Customer’s equipment or service that is the subject of this Agreement.
            • 11.7. Notices. Any required notice hereunder may be delivered personally or by email, courier, regular mail or mailed by registered or certified mail, return receipt requested, to either party at the name and address on the signature page of this Agreement, or at such other address as such party may provide to the other by written notice. Such notice will be deemed to have been given as of the date it is delivered personally or by email, courier, or five (5) days after it is sent by mail. In addition, Tzulo shall have the right to send Customer notices to Customer’s email address as contained on Tzulo’s customer contact list. Such email notification is deemed delivered on the day sent unless returned to sender.
            • 11.8. Relationship of Parties. This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties.
            • 11.9. Changes Prior to Execution. Each party represents and warrants that any changes to this Agreement made by it were properly marked as changes and that it made no changes to the Agreement that were not properly identified as changes.
            • 11.10. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois excluding its conflict of laws principles.
          • 12.General. This Agreement, together with the Service Order(s) and Service Level Agreement(s) and Exhibit(s) (including the policies referred to therein) is the complete agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any other agreement or understanding, written or oral. This Agreement may be modified only through a written instrument signed by both parties. Should any provision of this Agreement be declared void or unenforceable, such provision will be deemed amended to achieve as nearly as possible the same economic effect as the original terms and the remainder of this Agreement will remain in full force and effect. If a conflict arises between a party’s pre-printed business form and this Agreement or between a Service Order and this Agreement, this
            Agreement will take precedence. By initialing each page, Customer agrees that it has reviewed and approved all material contained within the corresponding page.
          Addendum: Additional Terms
          • 1.Acceptable Use; SPAM. Customer will at all times comply with and conform its use of the Service to the Tzulo Acceptable Use Guidelines and Tzulo Anti-SPAM Policy set forth at the Tzulo website, as updated from time to time, subject to notice to Customer of any material changes. In the event Customer violates the Tzulo Acceptable Use Guidelines where Tzulo determines in its reasonable discretion that there is potential harm to its Network or business, Tzulo shall have the right to immediately suspend Service. In other cases of violation of the Tzulo Acceptable Use
          • 1.Illegal Use. Customer will cooperate in any investigation of Customer’s alleged illegal use of Tzulo’s facilities or other networks accessed through the Tzulo Network. If Customer fails to cooperate with any such investigation, Tzulo may suspend Customer’s Service. Additionally, Tzulo may modify or suspend Customer’s Service in the event of illegal use of the Tzulo Network or as necessary to comply with any law or regulation, including the Digital
            Millennium Copyright Act of 1998, 17 U.S.C. 512, as reasonably determined by Tzulo.
          • 3.Other Networks. Customer is responsible for paying any fees, obtaining any required approvals and complying with any laws or usage policies applicable to transmitting data beyond the Tzulo Network and/or through other public and private networks. Tzulo is not responsible or liable for performance or non-performance of such networks or their inter-connection points.
          • 4.Bandwidth Billing. Tzulo’s customers are billed based on the 95th percentile adjustment of their bandwidth usage. The minimum monthly rate is dependent on the amount of space required to co-locate your servers and is available by the shelf, rack or cage.
            The purchase of space includes a minimum level of bandwidth usage, i.e. ¼ rack includes 256kbps of 95th percentile bandwidth. Any bandwidth used above that is billed on a per kbs rate. On average, this method of calculating bandwidth results in you paying for only 70% of your peak bandwidth usage. 95th percentile pricing is based on a plotted graph of 5 minute averages taken over a monthly period. The busiest 5% of the five minute samples (equivalent to the busiest 37 hours of usage every month) are discarded. The next highest sample is used to calculate the customer’s bandwidth charges. A detailed explanation of this 95th percentile billing can be described as follows.
            • 4.1Traffic to and from a customer’s router is accumulated over a five minute period. The total amount of data transferred over this period is divided by 300 seconds to get a sample plot measured in bits per second, bps.
            • 4.2The total of the input and output sample rates are used for this plotting point.
            • 4.3Over a period of one month (i.e. 30 days) there are 8640 points plotted. The busiest 5% or 432 points are discarded, leaving you with 8208 points plotted. The largest of these points, measured in kbs, is used to calculate your bandwidth charge.
            • 4.4If your monthly billing program is based on 512kbs bandwidth and your busiest sample, after discarding the top 5% of the plotted points, is 540kbs, then you would be billed for an additional 28kbs for that month. Any month that has overages above the contractually committed transfer rate will be billed at 125% of the committed rate price. Here is a sample of what the graph will look. The top 5% of the highest points would be taken out and the next highest peak would determine the bandwidth used for billing purposes. The 95th percentile billed usually equates to about twice the average daily throughput, +/- 15%. Unless otherwise stated on the Service Order Form, bandwidth transfer over the committed amount will be billed at 25% over the committed rate.
            • 4.5Unmetered Bandwidth. Unmetered Bandwidth maintains a no commit gurantee on ports speeds for services. Unmetered Bandwidth services allow customers to burst to the full speed of the service port for short time periods, but not to have sustained usage that is greater then 95% metric of 30% of the port. ie a 100mb port cannot be utilized and sustained beyond 30megabits without upgrading service to a dedicaed or Burst Bandwidth model. ie a 1gigabit port cannot be utilized beyond 30% or 300mbs of sustained usage (95th metric) without upgrading bandwidth options with tzulo. Tzulo has the right to cap, rate limit, or traffic shape your service to comply with our needs to maintain a fair and acceptable usage amongst other customers on this shared service. Unmetered Service is not gurantee of any port speeds or performance metrics. It is the ability to burst without metering for compensation.
          CHANGES IN TERMS OF AGREEMENT

          TZULO reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

          GOVERNING LAW

          The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.

          ENFORCEMENT OF AGREEMENT

          In the event it is necessary for TZULO to enforce its rights under this agreement, Customer agrees to pay all fees incurred by TZULO (including, but not limited to, attorney’s fees and collection agency fees)

          AMENDMENT OR WAIVER

          Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of TZULO. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

          ASSIGNMENT AND SEVERABILITY

          This Agreement shall be binding upon and inure to the benefit of Customer, TZULO and our respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of NR SOFTWARE SYSTEMS, which consent will not be unreasonably withheld or delayed. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

          NOTICES

          All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to TZULO hereunder shall be given to:

          Legal Department
          legal@tzulo.com
          Facsimile: (847) 416-4759

          Any notice hereunder shall be in writing and shall be given by registered, certified or express mail, or reliable overnight courier addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid.

          ENTIRE AGREEMENT

          This Agreement, and any other document or agreements specifically identified in this Agreement, supersedes all previous representations, understandings or agreements. This Agreement, and any other document or agreements specifically identified in this Agreement constitutes in whole the entire agreement between TZULO and Customer. Any services or products, expressed or implied, that are not specifically included and outlined in this Agreement or the accompanying Service Order Form do not fall under the breadth of this Agreement and are in no way the responsibility of TZULO. Any additions, subtractions, or modifications to this Agreement, in part or in full, must be agreed upon by both TZULO and Customer with accompanying signatures to this effect on the appropriate document referenced by the Agreement.

          SURVIVAL

          The rights and obligations of the parties in this Agreement that would by their nature or context are intended to survive the expiration or termination of this Agreement shall so survive.

          ACCEPTANCE OF SERVICES

          ACCEPTANCE OF THIS AGREEMENT BY TZULO MAY BE SUBJECT, IN TZULO’S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL
          INDICATE TZULO’S ACCEPTANCE OF THIS AGREEMENT. USE OF THE TZULO NETWORK CONSTITUTES
          ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT. CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT LEAST 18 YEARS OF AGE.

          *Note* Payments to tzulo are Non-Refundable.

          As a provider of Internet access, web site hosting, and other Internet-related services, Tzulo offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Tzulo respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Tzulo reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Tzulo has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing Tzulo’s services. This AUP will be revised from time to time. A customer’s use of Tzulo’s services after changes to the AUP are posted on Tzulo’s web site, www.tzulo.com, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

          One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Tzulo cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Tzulo cannot monitor or censor the Internet, and will not attempt to do so, Tzulo cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

          When subscribers disseminate information through the Internet, they also must keep in mind that Tzulo does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Tzulo’s network and may reach a large number of people, including both subscribers and non-subscribers of Tzulo, subscribers’ postings to the Internet may affect other subscribers and may harm Tzulo’s goodwill, business reputation, and operations. For these reasons, subscribers violate Tzulo’s policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

          Spamming—Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Tzulo, but also because it can overload Tzulo’s network and disrupt service to Tzulo subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Tzulo has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Any Spam related abuse that results in listing on a Spam list such as Spamhaus, RBL, Barracuda, RATS, CYMRU, RSBL, SPAMCOP, etc. will result in immediate termination without refund, or data recovery.

          Intellectual Property Violations—Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Tzulo is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Tzulo’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

          Obscene Speech or Materials—Using Tzulo’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Tzulo is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Tzulo’s network.

          Defamatory or Abusive Language—Using Tzulo’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

          Forging of Headers—Forging or misrepresenting message headers, IP headers, whether in whole or in part, to mask the originator of the message or IP Packet will result in IMMEDIATE termination. NO refund will be issued.

          Spoofing of Packets-Spoofing or forging of packet headers, MAC addresess spoofing, or any altercation of the normal TCP Stack of any kind is immediate grounds for termination. NO refunds will be issued.

          Illegal or Unauthorized Access to Other Computers or Networks—Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

          Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities—Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

          Facilitating a Violation of this AUP—Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
          Export Control Violations—Exporting encryption software over the Internet or otherwise, to points outside the United States.

          Usenet Groups—Tzulo reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

          Other Illegal Activities—Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

          Other Activities—Engaging in activities, whether lawful or unlawful, that Tzulo determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

          DDOS Mitigation / Server Hardening / etc - At no time should client engage in DDOS mitigation services that help to filter/scrub/block DDOS attacks as a service for clients. Doing so may result in termination without refund.

          As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Tzulo will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Tzulo policy or applicable law. When Tzulo becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

          Tzulo also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Tzulo’s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Tzulo does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Tzulo has the right to directly take action against a customer of a subscriber. Also, Tzulo may take action against the Tzulo subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Tzulo anticipates that subscribers who offer Internet services will cooperate with Tzulo in any corrective or preventive action that Tzulo deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Tzulo policy.

          Tzulo also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Tzulo urges its subscribers to assume that all of their on-line communications are insecure. Tzulo cannot take any responsibility for the security of information transmitted over Tzulo’s facilities.

          Tzulo will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Tzulo may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Tzulo may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Tzulo assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Tzulo may disclose subscriber information or information transmitted over its network where necessary to protect Tzulo and others from harm, or where such disclosure is necessary to the proper operation of the system.

          Tzulo expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate Tzulo policy. Finally, Tzulo wishes to emphasize that in signing the service agreement, subscribers indemnify Tzulo for any violation of the service agreement, law, or Tzulo policy, which results in loss to Tzulo or the bringing of any claim against Tzulo by any third-party. This means that if Tzulo is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Tzulo, plus costs and reasonable attorneys’ fees.

          We hope this AUP is helpful in clarifying the obligations of Internet users, including Tzulo and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse@tzulo.com. Any client found violating our TOS/AUP will result in termination without refund.

          Privacy Policy

            We know privacy is important to you, like it is to us. We never collect more than the required information to function and we will not exploit or abuse this informaton in any way. Your personally identifiable information will not be shared or sold to third parties without your consent. We track your usage and habits on our web site, and we use cookies. We do this to improve your overall experience on this web site and make adjustments to our products, services and web site to try to make things easier to navigate, more understandable and overall make our web site something we think that our customers would enjoy or benefit from.

          • Collection and use of Information
            • We collect the following personal information from you:
            • * Contact Information such as name, email address, mailing address, phone number
            • * Billing Information such as credit card number, and billing address
            • * Unique Identifiers such as user name, account number, password
            • * Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our site you visited.

            • We also collect the following information from you:
            • * Information about your business such as company name, company size, business type
            • * Demographic information such as household income, age, education, gender, interests, and zip code

            • As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.
            • We use this information to:
            • * Fulfill your order
            • * Send you an order confirmation
            • * Assess your needs to determine suitable products or services
            • * Send you requested product or service information
            • * Send product updates or warranty information
            • * Respond to customer service requests
            • * Administer your account
            • * Send you a newsletter
            • * Send you marketing communications
            • * Improve our Web site and marketing efforts
            • * Conduct research and analysis
            • * Respond to your questions and concerns
            • * Display content based upon your interests

            • Information Obtained from Third Parties
            • We purchase marketing data about our customers from third parties and combine it with information we already have about you, to create more tailored advertising and products.
          • Disclosure to Third Parties
            • We will share your information with third parties only in the ways that are described in this privacy statement. We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us. We do not sell your information for profit.

            • We may disclose your personal information:
            • * as required by law, such as to comply with a subpoena, or similar legal process
            • * when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
            • * to comply with abuse instances such as botnet information, dmca complaints, fradulent activites, and upon our discretion, to a third party.
            • * to any other third party with your prior consent to do so.

            • BitCoin
            • If you choose to use BitCoin to finalize and pay for your order, you will submit your payment through BitPay. Your payment will be processed through the BitCoin network. No personal information will be disclosed aside from your BitCoin wallet ID.

            • Credit Card
            • If you choose to use a Credit Card to finalize and pay for your order, you will provide your credit card number to us and it will be processed through Paypal Pro's gateway. Paypal Pro's privacy policy will apply to the information you provide to us to process your transaction.

            • PayPal
            • If you choose to use PayPal to finalize and pay for your order, you will provide your credit card number, directly to PayPal. PayPal's privacy policy will apply to the information you provide on the PayPal Web site.
          • Tracking Technologies
            • We partner with a third party ad network to either display advertising on our Web site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests.
          • Security
            • The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

            • We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at legal@tzulo.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
          • Notification of Privacy Statement Changes
            • We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

          In addition to Tzulo Services Agreement and Remote Hands Policy, customers and their representatives are bound by the following rules and regulations regarding the use of the Tzulo Data Center (DC). Customer is responsible for following and ensuring its agents and representatives follow these Data Center Rules and Regulations concerning use of and access to the Tzulo Data Center. Tzulo reserves the right, in its sole discretion, to suspend or terminate service if Customer or Customer’s representative violates the Rules and Regulations set forth below.

          Access to Data Center

          The Tzulo Data Center has a restricted access policy. Only those individuals identified in writing by Tzulo or by Customer on its’ Customer Registration Form may have escorted access to the DC. Tzulo requires photo identification for access verification. Upon entry, Customer or its Representatives will be issued a badge which they will wear at all times when in the DC.

          Customer shall deliver prior written notice to Tzulo of any changes to the list of authorized representatives. Customer and its authorized representatives recognize that Tzulo shall not allow any other persons to have access to or enter the DC. Customer and its authorized representatives may only access that portion of DC made available by Tzulo to Customer (Customer Area) for the placement of and service to Customer Equipment and use of the DC Services. Customer must obtain the proper authorization by Tzulo and be accompanied by a Tzulo representative prior to accessing any other area within the DC. Failure to do so may result in immediate termination of Customer’s services. In addition, Customer agrees to observe and follow all of the then current Building Rules and Regulations or other rules, policies and procedures of the DC.

          Tzulo Scheduled Maintenance Activity

          TZULO performs routine, scheduled maintenance at its DC and will provide maintenance alerts via email to all affected Customers at least 24 hours in advance of the scheduled maintenance. Emergency maintenance issues will result in no notification to customers. During this scheduled maintenance and also during emergency maintenance, Customer Equipment may be unable to transmit or receive data, and Customers may be unable to access their equipment. Customers agree to cooperate with TZULO during these maintenance periods.

          Customer Installations/Maintenance Activity

          TZULO requires a minimum of one hour prior written notice for any new installation of Customer Equipment. If Customer requires Tzulo support for installation or maintenance, a time and material charge shall be invoiced to Customer at TZULO’Ss then current rates. Tzulo requires a minimum of 24 hours prior written notice to schedule a mutually agreed upon time for Customer-requested maintenance that requires Tzulo support. TZULO requires prior written notice of no less than 1 hour in order to schedule a mutually agreed upon time for Customer emergency visits that require Tzulo support.

          DC Restrictions

          Customer or its Representatives may not move any cabinets or equipment within the DC without prior written authorization from Tzulo. No item that could damage or interfere with the operation of the DC or any of the equipment therein is permitted inside the DC. Bringing any such item into the DC may result in permanent expulsion from all TZULO facilities. Such items include but are not limited to:

          • Uninterruptible Power Supply systems not provided by TZULO or without express prior approval from TZULO
          • Climate-control devices
          • Electro-magnetic devices
          • Photography or recording equipment of any kind (exclusive of tape/digital backup equipment)
          • Food or liquids
          • Chemicals, explosives, solvents, cleaners or paints
          • Paper, cardboard, Styrofoam or other flammable materials
          • Weapons or other inherently dangerous instruments

          If you have a question regarding items that may be brought into the DC, please check with a Tzulo representative.

          Customer Area

          Customers are responsible for maintaining their own cage or cabinet areas clean and locked after their escorted access. Customers are to utilize the space allocated to them only for the placement and maintenance of equipment and the use of DC services.

          Permitted Use of DC

          Customer shall not use the DC, or allow access to or use of either, except in accordance with the terms contained herein and in the Services Agreement. In its use of the DC, Customer shall not interfere with TZULO or other customers or tenants. Customer shall not connect the equipment to any other customers’ collocated equipment without the express written consent of TZULO. Except as provided in writing, the Equipment shall remain the sole property of Customer. Customer expressly disclaims any right, title, or interest in or to any of Tzulo’s equipment or property, or Tzulo’s customers, or agents, whether located in the DC or elsewhere.

          Tzulo may relocate all or part of Customer Equipment within the DC. Following receipt of such notice, Customer shall cooperate with Tzulo in relocating its equipment to the newly designated Customer Area within the DC. Tzulo shall incur all costs involved in physically moving the equipment for such relocation of Customer Equipment.

          Customer shall use the DC according to the DC Rules and Regulations solely for the purpose of installing, maintaining and utilizing its equipment and for interconnecting the Customer Equipment to Tzulo’s Services, pursuant to the terms of the Services Agreement with Tzulo, and for no other purpose.

          • The operation of Customer Equipment must at all times comply with manufacturer’s specifications, including all power requirements.
          • Faulty power supplies or other faulty Customer Equipment must be replaced by the customer within 24 hours of notification from Tzulo. Once Tzulo has notified a Customer of faulty equipment, Tzulo will be authorized to disconnect such equipment as necessary.
          • Customers may not exceed power limits engineered by Tzulo, as set forth in their contracts, or violate current state and local fire codes. Current power limits are not to exceed 80% of total circuit load per each individual circuit.
          • It is Customers sole responsibility to comply with current power limits set at 80% of total circuit load per each individual circuit.
          • Tzulo will conduct periodic power audits to ensure Customers stay within 80% of total circuit load per each individual circuit. If Customers are found to be in excess of current power limits described above, Tzulo will impose a penalty of $250.00 per circuit, per incident.
          • If Customers overload their circuit(s) resulting in a tripped breaker(s), Tzulo will impose a tripped breaker fee of $500.00 per incident, per breaker.
          • Customers are not allowed to daisy chain any power strips. Customers caught daisy-chaining power strips will be notified by Tzulo and will have 24 hours to disconnect the daisy-chained power strips. If the power strips have not been removed by the Customer within the 24 hour period, Tzulo will then disconnect the daisy-chained power strips and remove them from the DC.
          • Customers may choose to install dual power feeds for back-up purposes; however they may not draw from the same feeds simultaneously.
          • Customers drawing more than their stated power limits will be required to pay for the additional amperage at the then current AC Power rates as set forth by Tzulo.
          • Customer shall not make any construction changes or material alterations to the interior or exterior portions of the DC or the Customer Area, including any cabling or power supplies for its equipment. Any changes or work needs to be performed by Tzulo at Customer’s expense.
          • Customer shall not connect/cross-connect their equipment to any other Customers’ collocated equipment without the express written consent of Tzulo.
          • All connections to and from Customer Equipment must be clearly labeled. Each piece of equipment installed in the DC must be clearly labeled on the front and back sides with Customer's name (or code name provided in writing to Tzulo or issued by Tzulo) and individual component identification.
          • Customer may not store more than two pieces of equipment per shelf.
          • Customer is responsible for removing all of their trash from the DC. Failure to do so will result in Tzulo assessing the Customer with the current hourly Remote Hands fee—one-hour total—to remove the trash for Customer.
          • Customer is responsible for all Customer Equipment.
          • Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements.
          • Customer must use its best efforts to provide Tzulo with at least 48 hours prior notice any time it intends to connect or disconnect any Customer Equipment or other equipment.
          • Customer shall not place any hardware or other equipment in the DC that has not been identified in writing to Tzulo.
          • Customer is not allowed to store any equipment outside of their cabinet or cage. Customer may not store anything on top of cabinets, next to cabinets, or within the common areas of the DC. Equipment/items found outside of cabinets or cages will be confiscated by Tzulo and Customer will be fined $250 for each piece of equipment/items confiscated.
          • Customers are forbidden to connect or disconnect any Customer Equipment or Tzulo-owned equipment, except where specifically pre-approved by an authorized Tzulo representative.
          • Customers need to have a Property Removal Pass filled out by a Tzulo representative in order to remove any equipment from the DC. Failure to have a Property Removal Pass filled out will result in Customers not being able to remove their equipment from the DC, no exceptions.
          • Tzulo may provide dumb terminals, monitors, monitor cables, keyboards, extension cables and the like, as available, for temporary customer’s use to connect to their equipment. This equipment is available on an "as is" basis, without any implied or written warranties.
          • Customers must sign out such equipment from a Tzulo DC representative and acknowledge that use of this equipment is at their own risk.
          • Customer Equipment must be installed so that rear-facing exhaust fans blow out the backs of the equipment cabinets and follow existing hot/cold aisle specifications.
          DC Conduct

          Customers and their Representatives may not:

          • Misuse or abuse any equipment owned or operated by Tzulo.
          • Make any unauthorized use of, or interfere with, any property or equipment owned or operated by any Tzulo customer.
          • Conduct themselves in an unprofessional manner or behave in an offensive way toward any individual, including Tzulo personnel and any other customer representatives on site.
          • Smoke in the DC or the building. Smoking is allowed outside in authorized areas.
          • Enter any cabinets, cages or restricted areas with the DC. Customers caught entering cabinets, cages that are not theirs or restricted areas with the DC will be fined $250 and/or and will be permanently expelled from the DC and prosecuted to the fullest extent of the law.
          • Violate any laws or engage in any criminal activity while on Tzulo property or within the DC facility. Misconduct will result in permanent expulsion from all Tzulo facilities and /or prosecution to the fullest extent of the law.
          • Violate the Tzulo Acceptable Use Policy, an updated version of which may be found on the Tzulo Web site, of which a current copy has been given to Customer.
          Acceptable Use Policy

          The Tzulo Acceptable Use Policy (AUP) is designed to help protect Tzulo, Tzulo Customers and the Internet community in general from irresponsible, inappropriate or, in some cases, illegal activities. It is the Customer’s responsibility to abide by the rules and regulations set forth in the Tzulo AUP. A current hard copy of this policy has been provided to Customer.

          Modification of the DC Rules and Regulations

          Tzulo reserves the right to modify, add, delete or change these Rules and Regulations at any time without prior notification to its customers or their representatives. Customers bear the full burden of responsibility for regular review of these rules. Continued use of Tzulo facilities will constitute the customer’s acceptance of the most up-to-date version of the Tzulo Rules and Regulations. These may be found on the Tzulo Web site. Tzulo reserves the right to modify its policies at any time without notice. It is the Customer’s responsibility to check the Tzulo Web page for updates or modifications of all policies. I have read the Tzulo Data Center Rules and Regulations Form and will abide by all of the Rules and Regulations at all times while in the DC. I will also be responsible for making sure all my authorized representatives (i.e., employees, vendors, technicians, guests, etc.) who enter the DC are aware of and abide by these Rules and Regulations. I understand that violating these Rules and Regulations may result in fines being assessed to me/my Company as well as being permanently banned from the DC.

          Level 1 Remote Hands Services

          Complimentary Level 1 Remote Hands services are provided at no additional charge to Tzulo Customers. Level 1 Remote Hands involves basic activities of on-duty staff, performed with "eyes", "ears" and "fingers", but without involvement of any tools or equipment of any kind (includes keyboard, mouse, monitor, etc.). Examples of services would include:

          • Pushing a button, toggling a switch or setting an externally accessible dip-switch.
          • Rebooting or power cycling of equipment.
          • Assisting customer with physically installing, relocating, or movement of equipment.
          • Reading off readily viewable serial numbers on equipment to customer
          • Providing visual verification (remote eyes) to assist customer's remote troubleshooting efforts.
          • Relaying status of equipment status indicators or typing simple commands on a pre-installed console. • Swapping of pre-labeled, pre-ejected, removable media (tapes, CDs, DVDs, etc.)
          • Plugging in a console port for remote management by customer.
          • Moving or securing a single cable.
          • Replacing or verifying connectivity integrity of Tzulo provided cross-connects.
          • Moving or securing cables or customer-side cross-connects.
          • Verifying a demarcation label.

          Note: Complimentary Level 1 Remote Hands services are limited to 15 minutes for any issue up to 10 incidents per cabinet per month (maximum 25 incidents per customer per month). Any issues that require more than 15 minutes of service or exceed 10 incidents per month will be billed at the then standard Tzulo hourly rate in increments of 15 minutes.

          Level 2 Remote Hands Services

          Level 2 remote hands services are provided for those situations where more sophisticated or time-consuming action may be required to accomplish a task. These services are well suited for advanced technical or professional services needs where highly skilled technicians and/or engineers may be needed to accomplish a task or provide assistance with a complex system or network component, software application, or operating system. These services are billed at Tzulo’s current professional services hourly rates in increments of 15 minutes. Under this level of remote hands service Tzulo technicians will provide all of the services included in our Level 1 remote hands support above, as well as the following additional forms of assistance:

          • Basic troubleshooting of customer equipment including the attachment of a crash cart to customer equipment.
          • Inventorying a customer's equipment or when possible, taking digital pictures of equipment or co-location space.
          • Labeling equipment and cable connections.
          • Shipping and handling RMA equipment.
          • Installing, replacing/removing equipment components (e.g. router/switch, internal module or card, disk drive, memory, etc.) that are hot-swappable and/or highly modular in design.
          • Installing or swapping pre-configured equipment or components.
          • Installing customer provided software with default configurations or specific and basic customer-provided instructions.
          • Establishing or taking down a loop-back on a carrier circuit to assist in remote testing.
          • Diagnostic and signal testing a circuit with diagnostic equipment.
          • Advanced systems or network configuration or troubleshooting (e.g. advanced systems or network protocols and services).
          • Advanced operating system or applications troubleshooting.
          • Installation, configuration, or troubleshooting of specialized or complex infrastructure components or software applications (e.g. Operating Systems, Oracle RDBMS, RAID solutions, Fibre-channel devices, firewalls, load-balancers, etc.)
          • Full deployment of delivered infrastructure, including hardware, software, middleware, and related components.

          Customers who anticipate exceeding the above stated Remote Hands Services limits (Levels 1 or 2) or wish to implement a custom Remote Hands Services solution are asked to contact Tzulo Sales Department at sales@tzulo.com or 847-847-2048.

          Partners

          • supermicr-icon
          • centos-icon
          • windows-server-2008-icon
          • e-panel
          • dell-icon
          • ubuntu-icon
          • juniper-icon
          • softaculous-icon
          • cisco-icon

          News and Announcements