Tangent

UpStream Email Filtering

Standard Service Level Agreement

UpStream Email Filtering is defined as a subscription email filtering service that is hosted entirely by Tangent Incorporated for use by end clients. No on-premises equipment or locally hosted versions of the system are available.

Related services, such as outbound email filtering and email encryption, are optional add-on services in the UpStream Email Filtering service and are subject to all of the same provisions as the primary inbound email filtering service itself.

• All UpStream products require an active service and support subscription for functionality and technical support.

  • Clients with expired subscriptions will have filtering services terminated within 30 days of expiration.

  • Expired subscriptions renewed after a lapse in service will renew from original date of expiration, not date of renewal.

• All below UpStream Service Level Agreement offerings are dependent on a current UpStream service and support subscription.  

UpStream subscriptions include:

1.      Hosting of inbound email filtering, and optionally, outbound email filtering and email encryption services.

• Hosting of UpStream services is maintained in SAS 70 Type II / SSAE-16 Compliant datacenters. Service appropriate redundancy and security exists for electrical subsystems, server access (both local and remote), ISP connectivity, air conditioning, fire suppression systems and more.

2.       Technical support for troubleshooting inoperative or impaired functionality, feature request additions and training of system administrators.

3.       New software releases for the current version of UpStream, including new features and functionality.

Service Level Commitments:

Support Process and Response Times

• Response to a new ticket within three hours for Support issues from time reported, within regular business hours.

o Support enquiries made outside of business hours will be answered within three hours from the start of the next business day.

• During normal business hours (7:00am to 3:00pm Pacific Time; weekdays), the first step is to notify Tangent that an issue has occurred. This can be done via email to Support@Tangent.com or via phone at 1-800-342-9388.

o Online chat support available at www.Tangent.com during regular business hours.

o Outside of business hours, the same contact methods apply, but may not be answered until the next business day.

• Level 1 Support personnel will attempt to resolve the issue prior to either escalation to a Level 2 technician or, if at the advisory of a Level 2 technician, proceed with escalation directly to the Level 3 Engineering/Development tier for additional analysis.

• With assistance from Level 3 Engineering/Development support, Level 1 and 2 technicians will work with the Support Requestor to resolve the issue and file the necessary paperwork for long term enhancement to software, if applicable.

• Tangent will notify the client and verify resolution of the problem upon conclusion.

• 24-hour Level 2 phone support is optionally available for Enterprise clients. Enterprise Support is defined by an organization having over 3000 employees and whose UpStream system administrators also need 24 hour Level 1/Level 2 Support at any time. This is generally only a consideration for organizations with factors for high risk sensitivities, high compliance requirements or certain very public entities such as major metropolitan police departments, state and federal government agencies, multinational conglomerates and other similar entities that require extremely rapid responsiveness to adapt to evolving situations.

o Enterprise Support contract required, subject to additional charge.

Cloud Services

• For Tangent provided Cloud Services, including UpStream Inbound Email Filtering, Outbound Email Filtering and UpStream Encrypt, the following additional terms apply:

o All client data stored remains property of the client; Tangent does not utilize this data for marketing, analytics or any other purpose outside of routine maintenance of the systems or support ticket investigation. Tangent's sole exposure of this data outside of technical support purposes are for legal inquests only.

o An active subscription to Tangent's Cloud Hosted services must be retained for both continued access to and retention of data stored. Tangent will make all reasonable attempts to contact the client and/or place of business to ensure that a subscription is maintained unless notice of service cancellation is received.

o Access termination to the UpStream systems can occur as soon as upon expiration.

• In the event of a subscription lapse of one month past the service renewal date without communicated and earnest intent of renewal, client data and access is subject to deletion.

• Weekly and monthly backups are conducted of all Cloud Service host systems in the event of system corruption or loss. Maximum data recovery loss interval is thirty days.

• Nightly and weekend maintenance runs are performed at hours designed to minimize business hour impact and are generally occurring from 5pm-12am PT on weeknights, and from 12am-10pm PT on weekends.

• Service uptime guarantee, outside of scheduled maintenance or force majeure, is 99%, for a 24/7/365 service schedule.

Examples of provided support:

• Configuration recommendations, and with permission of client administrator, implementation of new protective measures against phishing and spam. This is replete with knowledge of what types of protections would be most effective, which parameters would be best to defend with, variables and wildcards, etc.

• Refresher course in system features and benefits as requested.

o Particularly beneficial when the primary administrator is away, or a new operator needs to be trained and onboarded with the system.

• Industry-informed ideas for best practices regarding data leak prevention, DMARC policy implementation and tightening, methods to decrease incoming spam and more.

• Troubleshooting non-communication with mail server or other mail services, tracing message sources and delivery points for further investigation and forensic analysis of messages, testing new rule implementations for validity and desired outcomes.

End User License Agreement for Tangent Inc. Software

Be sure to carefully read and understand all of the rights and restrictions described in this TANGENT INC. End-User License Agreement ("EULA").

This EULA is a legal agreement between you (either an individual or a single entity) and TANGENT Corporation for the TANGENT software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By launching or using SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not launch or use the SOFTWARE.

Software Product License

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:

Software. You may use one copy of the SOFTWARE on a single UpStream Cluster for use of an TANGENT Inc. UpStream Filter.

2. RESTRICTIONS.

You must maintain all copyright notices on all copies of the SOFTWARE.

IMPORTANT: The UpStream archiving software is a subscription service that requires the continued purchase of UpStream subscriptions in order for the UpStream service to continue filtering and delivering new email. The service will stop filtering and delivering new incoming email in the event the annual updates are not purchased.

Limitations of Reverse Engineering, Decompilation and Disassembly.

You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Rental.

You may not rent or lease or lend the SOFTWARE.

Software Transfer.

You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE along with the applicable UpStream service, and the recipient agrees to the terms of this EULA.

Support Services.

TANGENT Inc. may provide you with support services related to the SOFTWARE ("Support Services") Use of Support Services is governed by the TANGENT policies and programs described in the "online" documentation, and/or other TANGENT-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to technical information you provide to TANGENT as part of the Support Services, TANGENT may use such information for its business purposes, including for product support and development. TANGENT will not utilize such technical information in a form that personally identifies you.

3. TERMINATION.

Without prejudice to any other rights, TANGENT Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, the subscription service will be discontinued immediately and no refund provided.

4. COPYRIGHT.

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by TANGENT or its suppliers.

5. U.S. GOVERNMENT RESTRICTED RIGHTS.

The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer of product is:

Tangent Inc.

191 Airport Boulevard

Burlingame, CA 94010.

6. DISCLAIMER OF WARRANTIES.

TANGENT AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

7. EXCLUSION OF ALL DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TANGENT OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TANGENT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. LIMITATION AND RELEASE OF LIABILITY.

The SOFTWARE was provided to you at no charge and TANGENT has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE TANGENT AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not launch or use the SOFTWARE. No refund will be made because the SOFTWARE was provided to you at no charge.

9. GOVERNING LAW.

If you acquired the SOFTWARE in the United States of America, the laws of the State of California, U.S.A will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply.

10.QUESTIONS.

Should you have any questions, or if you desire to contact TANGENT for any reason, please contact the TANGENT subsidiary serving your country, or write:

TANGENT Inc.

191 Airport Blvd.

Burlingame, CA 94010

Acceptable Use Policy

This Acceptable Use Policy applies to all persons and entities (collectively, "clients") using the products and services of Tangent, Inc., ("Tangent) including Email Filtering services. The policy is designed to protect the security, integrity, reliability, and privacy of both the Tangent network and the products and services Tangent offers to its customers. Tangent reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of Tangent's products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.

What Uses are Prohibited?

Unacceptable use includes, but is not limited to, any of the following:

1. Posting, transmission, re-transmission, or storing material on or through any of Tangent's products or services, if in the sole judgment of Tangent such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

2. Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

3. Resale of Tangent's products and services without the express prior written consent of Tangent (unless you are an authorized wholesaler/reseller).

4. Deceptive marketing practices.

5. Actions that restrict or inhibit anyone - whether a client of Tangent or otherwise - in his or her use or enjoyment of Tangent's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Filtering services.

6. Introduction of malicious programs into the Tangent network or servers or other products and services of Tangent (e.g., viruses, trojan horses and worms).

7. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.

8. Executing any form of network monitoring that will intercept data not intended for the customer.

9. Circumventing user authentication or security of any host, network or account.

10. Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).

11. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

12. Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of Tangent's products or services.

13. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the client or with whom the client does not have an existing business relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

14. Harassment, whether through language, frequency, or size of messages.

15. Unauthorized use or forging of mail header information.

16. Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.

17. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

18. Use of unsolicited E-mail originating from within the Tangent network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Tangent or connected via the Tangent network.

19. Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

Abusable Resources

Upon notification of the existence of an abusable resource (e.g., unsecured mail relay), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

Enforcement

Tangent may immediately suspend and/or terminate the client's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, Tangent attempts to work with our clients to cure violations of this policy and ensure that there is no re-occurrence; however, Tangent reserves the right to suspend or terminate based on a first offense. Tangentt reserves the right to charge fees arising from management or handling of complaints related to alleged violations of the AUP.

Electronic Communications Privacy Act Notice

Tangent makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Tangent technology, and makes no guarantee that any other entity or group of users will be included or excluded from Tangent's network. In addition, Tangent may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.