This Prism4u Service Level Agreement ("SLA") applies to all our servers and services rendered. The Client agrees that Prism4u internal measurements establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify Prism4u and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits. Prism4u may amend this SLA at any time. Updated copies of the SLA will be posted here on our site.
1.1 ("Standard Network / Server Based Security") is defined as the overall core network security that Prism4u provides every customer. This security is provided on the network / server level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network / server. This service does not imply any server based security, firewalling, DDOS/Attack protection on the server level, or Anti-Virus/Spyware based protection in cases where dedicated servers co-located with Prism4u are under the ownership and responsibility of the Client.
1.2 ("Hard/Soft Manual Reboots in 60 Minutes or less") is defined as your request being processed in 60 minutes or less for server reboot requests. The Prism4u Support team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 60-minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. The best effort is made to expedite server reboots as quickly as possible.
1.3 ("24/7/365 Technical Support") is defined as having direct access to our technical support team 24 hours a Day, 7 Days a week, 365 days a year. Support is provided via telephone number and/or email. All support provided beyond hardware issues and server reboots is considered Advanced/Priority Support and is billable.
1.4 ("No monitoring/recovery included") is defined as Prism4u is not providing the monitoring of uptime or failed services. In the event of a server failure customer will initiate contact with Prism4u and provide the procedure to perform. Recovery of server may be billable and is dependent on the nature of the required procedure(s).
1.5 ("Per Incident Support") is defined as requesting technical support for a single support issue. Incidents are billed at SGD$150.00 for each unique support issue and include 60 minutes of Advanced Support, Prism4u maintains the right to these requests on a case by case basis.
1.6 ("Self Maintained root/administrator access to server") is defined as you maintaining root/administrative access on the server. It is not required that you allow Prism4u constant access to your server in cases of co-location self managed server.
1.7 ("Monitoring and Server Recovery for One Service") is defined as port based monitoring on your server for one service/daemon. Server Port Monitoring is performed every ten minutes or less and a failure is defined as soon as the monitor trips to a fail state the first time. In the event of a failure if no communication is made with the Technical Support Department the recovery procedures will be performed. For co-located self maintained servers, it is the responsibility of server owner to define the action to perform in the event of a service failure.
1.8 ("On-Demand O/S updates and patches") is defined as a customer initiated request for O/S updates and patches. Requests are accepted for standard kernel upgrades, service packs, and hot fixes as they are released by vendors. All updates and patches for a server are specific to the core operating system in question. (Utilization of a single Incident and billable). Where Prism4u is providing full managed services, Prism4u will maintain all updates and payches accordingly.
1.9 ("On-Demand Server Audit") is defined as a customer initiated request of an audit of the server. Server Audits are comprised of standard tools and basic security scans to review and look for abnormalities on the server. This service does not include the repair, but can include OS patches and upgrades if it is determined this will correct or enhance the security and/or efficiency of the server. (Utilization of a single Incident) Where Prism4u is providing full managed services, Prism4u will conduct audits as and when required and will maintain all updates and payches accordingly.
1.10 ("On-Demand Vulnerability Assessments") is a customer initiated request for an in depth security audit of a server. These assessments include deep scans, intrusion detection, reviews of logs files, root check kits, and utilize a set of tools developed by our Senior Engineer. Upon completion customer will receive a report, along with suggestion on how to increase security on the server. This service is billable.
1.11 ("Resource Monitoring") is defined as the addition of the server to our application based monitoring system. The monitoring application will monitor the overall disk space, processor utilization, and memory usage with notification when thresholds are exceeded. This service is customized on a per server basis and may include RAIC (Redundant Array of Inexpensive Computers) set-ups.
1.12 ("Advanced Support") is defined as advanced technical support for servers / application. This support can be used for any number of support services and includes server troubleshooting, software configuration, OS configuration, OS reinstalls, application troubleshooting and any task that does not fall under the "free support" provided with the server. One hour per month is provided free per server / client. Incidents are billed at SGD$200.00 for each unique support issue.
1.13 ("Hardware Based Firewall Protection") is defined as the inclusion of a hardware based firewall for protecting your server or applications. Firewalls increase security and, when properly configured, will prevent certain disasters from occurring. With this service our administrators will configure and maintain a firewalled routing perimeter for the server in question. This service is per request at the time of invoicing and is subject to the nature of server use or application / services that is running on the server.
1.14 Co-Location Services ("Co-Location Services") is defined as servers that are property of the Clients while rack space, bandwidth, and Ethernet ports are rented from Prism4u on a monthly basis. All services performed on the server come without warranty or guarantee. Client is responsible for supplying replacement parts, hot swappable hardware, and all required software media including upadtes and patches. All services performed on the co-located servers are subject to a $100.00 an hour labor fee, which must be approved by the customer in question before said services are provided. Co-Location Clients that utilize Prism4u have an option to participate in our Management Services, as detailed above. This is subject to the approval of a Prism4u System Administrator and may incur an additional monthly fee.
1.15 Prism4u Network is defined as the equipment, software, and facilities within the Prism4u critical network segments, including Prism4u contracted connectivity services to which the Prism4u hosting environments are connected and are collectively utilized by Prism4u to provide dedicated and co-location services.
1.16 Service Availability ("Service Availability") is the total time in a calendar month that the Prism4u network segments are available through the Internet, provided that Client has established connectivity. Prism4u takes responsibility for the Service Availability within its immediate routing perimeters, and cannot be held liable for problems directly related to an upstream bandwidth provider. Prism4u hosting environments will be available to clients free of complete (minor latency notwithstanding) environment-wide outages for 100% of the time in any given month.
1.17 Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section 1.4, provided the interruption is determined to have been caused by a problem in the immediate Prism4u network segment as confirmed by Prism4u. Service Downtime is measured as the total length of time of the unplanned interruption (complete network outage) in Service Availability during a calendar month. Prism4u provides direct support and expertise in any software it directly provides, while any unplanned outages due to third-party software failure are the direct responsibility of the software publisher/third-party provider, not Prism4u.
1.18 Scheduled Service Downtime ("Scheduled Service Downtime") is any Prism4u interruption of Services. Scheduled Service Downtime occurs during a Prism4u standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Said downtime is coordinated with the Client to the best of Prism4u abilities as to align the window of maintenance with the Client's explicit wishes. On a forthnightly basis, all servers will perform a scheduled downtime to complete full back-up routine of its hard disk between the hours of 0200Hrs and 0600Hrs where no prior notification is required.
1.19 Performance Credit ("Performance Credit") occurs when 100% uptime is not met. Prism4u will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 100% of the customer's monthly fee). Network or service downtime is measured from the time an issue is opened by a customer to the time the server or service is once again able to transmit and receive data. Performance Credit does not apply to situations where the Client is using Prism4u servers and network for free or on a goodwill basis at no charge.
1.20 Monitoring Service ("Monitoring Service") is the service Prism4u provides in order to analyze availability of TCP/IP based services and applications through its internal monitoring system. To participate in this, Prism4u must have valid, administrative access to repair the server in the event of a service or operating system failure.
1.21 Billable System Administration (" Billable System Administration") is operation, configuration, performance tuning, security configurations, and any interaction with the operating system or software installed on the server in question that is not already provided within the management plan of the server in question.
2. Service Downtime Performance Credit.
2.1. In the event of Service Downtime in which monthly Service Availability is less than 100%, Client will receive a Performance Credit as described in section 1.7 of this document.
3. Service Exclusions.
3.1 This SLA does not cover Service Downtime caused by problems in the following:
•Client's local area network.
•Client-provided Internet connectivity or end-user software.
•Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
•Any predetermined Scheduled Service Downtime.
•Any problems beyond the immediate Prism4u network segment.
•Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following:
•Inaccurate configuration by Client.
•Non-compliant use of any software installed on the server.
•Client initiated server over-utilization.
•Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
•Problems associated with Operating System, Software, or Client's own installed Applications.
3.2 Billable System Administration which applies to any "advanced support" not covered under the given Management Services and defined in section 1.9. In the event these are exceeded billable system administrations will apply, based on approval from client.
•System Administration of the client's server.
•Software installations performed by Prism4u.
•Virus and Security Scans of the server.
•Configuration of the operating system, services provided on the server.
•Security auditing and resource management & efficiency of the server.
4. Server Hardware
4.1 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.
4.2 Hardware Replacement Guarantees and service levels are defined as applying to servers less than 24 months in production. Next Business Day Hardware Replacement is available to all servers and 12 hours Quick Hardware Replacement for server under Special Managed service sugject to terms of contract entered.
4.3 Hardware Replacement will occur Next Business Day for all servers of the reported problem where, Prism4u will refund 5% of the monthly fee per additional one hours of down time (up to 100% of customer's monthly fee).
4.4 Restoration is defined as returning the server to its original configuration, as per the date the server first went live on the network. If hardware failure causes corrupted operating system, data files, or damaged service configurations, Prism4u will restore the system to its original state however possible.
4.5 Prism4u is not responsible for the restoration of data to server beyond the date of the last reliable back-up. If hardware failure is experienced and subsequent data loss occurs for Clients self managed servers, client is ultimately responsible for data restoration. Prism4u shall not be liable for loss of data under any circumstances.
4.6 Prism4u does not take responsibility for the overall security of servers which it does not control or manage. If servers are compromised in any way, Prism4u reserves the right to immediately audit the server. Prism4u reserves the right to cancel service if servers are compromised via the implementation of weak password schemes, elderly backend application content and scripting, or via other blatant disregard to simple security measures that the Client introduce. A fee of SGD$250.00 per hour will be incurred in respect to any security related work performed due to any such server being compromised by negligence on the part of the server owner.
5. Terms of Service
5.1 Termination & Penalty
5.1.1 For termination of plan within the contractual period, a penalty charge of SGD$50 + (monthly subscription x remaining number of months in contract) will be imposed. In addition, the cost of the free gift(s) or any goodwill offer in place will be chargeable as per list price where applicable. One month advance notice is required for termination of this service before or after the contractual period.
5.1.2 A penalty fee of 1 month the subscription value will be imposed if notice period if less than 1 month. No downgrading of plans is allowed within the contractual period.
5.2.1 Establishment of this service is dependant upon receipt by Prism4u of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup. The accepted methods of payment are ban to bank transfer, wire transfer, cheque, or money order. Customers are responsible for any additional transaction fees that coincide with any payment methods. Cheques, money orders, and wire transfers should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by Prism4u in a timely manner.
5.2.2 Prism4u reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customer’s services or their entire account with Prism4u.
5.2.3 Service will be interrupted on accounts that reach 10 days past due. Service interrupted for any reason including non-payment, abuse, or requested cancellation is subject to a SGD$250.00 reconnect charge. If a check is returned for any reason, the account will be assessed a SGD$40.00 service fee. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. GMT+8 the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. Accounts that are not collectable by Prism4u will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than SGD$100.00 nor more than SGD$500.00.
5.3.1 Unless otherwise agreed to, Prism4u does not utilize paper or hard-copy invoices. All invoices are sent via email or posted on the Client's billing page for download / view. Clients that normally pay via cheque, money order, or wire transfer will have their invoices emailed, by default, 10 days prior to the invoice due date. Clients are to ensure that the contact information kept with Prism4u is duly updated
5.4 Refund and Disputes
5.4.1 All payments after the initial 30 days of service to Prism4u are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 15 days of the time the dispute occurred. If you dispute a charge issuer that, in Prism4u's sole discretion is a valid charge, you agree to pay Prism4u an "Administrative Fee" of not less than SGD$100 and not more than SGD$250.
5.5 Failure to Pay
5.5.1 Prism4u may deny service or terminate the Agreement upon the failure of the Client to pay charges when due. Prism4u provides the Client with a 10 day grace period for payment on most services. A service will be interrupted or deactivated on outstanding accounts that reach 10 days past the due date. Prism4u does reserve the right to deactivate or terminate a service prior to the end of the 10 day grace period.
5.5.2 If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until paid.
5.5.3 Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Prism4u and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that Prism4u shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Prism4u. Client further acknowledges that Prism4u’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Prism4u be liable for any special or consequential damages, loss, or injury.
5.6 Technical Support Boundaries
5.6.1 Prism4u, provides 24/7 technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Prism4u provides support related to your server, applications we provide and the basic operating system and critical service functions within.
5.6.2 Prism4u does not offer technical support for application specific issues such as Client's own cgi/php/asp/perl programming, html or any other similar such issue. Prism4u does not provide technical support for YOUR third parties. Any request of technical support warrants the possibility of being charged a system administration fee if the request falls outside our defined ranges of support.
5.7 SPAM and Unsolicited Commercial Email (UCE)
5.7.1 Prism4u takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of Prism4u may not use or permit others to use our network to transact in UCE. Clients of Prism4u may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service
5.7.2 Violation of Prism4u's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Prism4u will initiate an immediate investigation (within 48 hours of notification). During the investigation, Prism4u may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Prism4u may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Prism4u reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Prism4u will notify law enforcement officials if the violation is believed to be a criminal offense.
5.7.3 First violations of this policy will result in an "Administrative Fee" of SGD$400 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of SGD$800 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed SGD$250 per hour that Prism4u personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your Prism4u server(s). As our Clients are ultimately responsible for the actions of their third party use over the Prism4u network, it is advisable that Clients develop a similar, or stricter, policy for THEIR own third parties.
6.1 IP Address Ownership
6.1.1 If Prism4u assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Prism4u, and Customer shall have no right to use that Internet Protocol address except as permitted by Prism4u in its sole discretion in connection with the Services, during the term of this Agreement. Prism4u shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Prism4u, and Prism4u reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
6.1.2 Our allocation of IP addresses is limited by APNIC’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
6.2 System and Network Security
6.2.1 Users are prohibited from violating or attempting to violate the security of the Prism4u Network. Violations of system or network security may result in civil or criminal liability. Prism4u will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
•Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
•Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
•Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "exploiting vulnerabilities"
•Forging any TCP/IP packet header in a transmission and/or any part of the header information in any e-mail-based or newsgroup posting
•Taking any action in order to obtain services to which such User is not entitled.
•Addition of IP addresses that have not been specifically assigned to the server
6.3 Notification of Violation
6.3.1 Prism4u is under no duty to look at each customer's or user's activities to determine if a violation occurred, nor do we assume any responsibility to monitor or police Internet-related activities.
6.3.2 First violation: Any User, which Prism4u determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Prism4u's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations
6.3.3 Second Violation: Users that Prism4u determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
6.3.4 We reserve the right, to drop (blacklist/nullroute/unroute) the section of IP space involved in Spam/Virii/Illegal-Distributions or Denial-of-Service/Packetstorm complaints if it is clear that the offending activity is causing moderate to major harm to parties on the Internet. In particular, if open SMTP relays are on your network or a customer's network, or if denial-of-service attacks are originating from your network space. In certain, rare cases, we may have to take action before attempting to contact you. If we do this, we will contact you as soon as is feasible, once the situation is stabilized.
6.4 Suspension of Service or Cancellation
6.4.1 Prism4u reserves the right to suspend network access to any customer if in the judgment of the Prism4u network administrators the customer's server is the source or target of a violation of any of the other terms of the AUP or for any other reason that Prism4u deems necessary. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
7.1 Prism4u wishes to emphasize that in agreeing to the Prism4u Acceptable Use Policy (AUP) and all other policies or agreements found on our site, customer indemnifies Prism4u for any violation that results in loss to Prism4u or the bringing of any claim against Prism4u by any third-party. This means that if Prism4u is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Prism4u, plus all costs and attorney's fees.
8. Miscellaneous Provisions
8.1 The Client must provide Prism4u with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.
8.2 A waiver by Prism4u of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Client shall not transfer or assign this Agreement without the prior written consent of Prism4u. Prism4u may assign Agreement at anytime without consent from or notice to Client. Prism4u reserves right to cancel Clients rights under this contract at anytime without further obligation
8.3 Prism4u takes no responsibility for any material input by others and not posted to the Prism4u Network by Prism4u. Prism4u is not responsible for the content of any other websites linked to the Prism4u Network; links are provided as Internet navigation tools only. Prism4u disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
8.4 Prism4u is not responsible for any damages your business may suffer. Prism4u does not make implied or written warranties for any of our services. Prism4u 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 Prism4u.
9. Responsibility for Content
9.1 The Client as Prism4u's customer, are solely responsible for the content stored on and served by your Prism4u server.
10. Software Support Boundaries
10.1 Prism4u partners with a number of software companies and acts as the frontline of support for these products. Prism4u will provide best effort support for applications but does not warrant bug fixes or advanced problem resolution of these products other than its own application or software Prism4u creates. Escalation of such issues the companies that have programmed the software are subject to the standard $150.00 per hour rate which includes the total amount of time spent. Resolution of bugs and advanced support issues is dependant upon the developers of the software in question.
10.2 Any request of technical support warrants the possibility of being charged a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of Prism4u is required to login to your server for over 15 minutes and provide support, system administration fees can be applied to your account.
11.1 Prism4u has the right to enter into this Agreement and to grant the rights granted in it.
11.1.2 Prism4u shall, in good faith, comply with the terms of this Agreement. The goods and services provided by Prism4u are provided "AS IS", WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4)QUALITY; 5) NON-INFRINGEMENT; 6) QUIET ENJOYMENT; AND 7) TITLE.
11.2 CLIENT AGREES THAT ANY EFFORTS BY Prism4u TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY Prism4u WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT Prism4u SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF Prism4u WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CLIENT'S WEB SITE BY CLIENT OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, Prism4u liability is limited to the greatest extent permitted by law.
11.3 The parties expressly recognize that Prism4u does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with Prism4u. Prism4u does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through Prism4u AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. Prism4u shall not be liable to CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties' information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, Prism4u liability is limited to the greatest extent permitted by law.
11.4 The parties expressly recognize that Prism4u cannot and does not guarantee or warrant that files are available for downloading through Prism4u will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client's particular requirements for accuracy of data input and output, and for maintaining a means external to Prism4u for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client's sole risk.
12. Entire Agreement
12.1 This Agreement and all attachments or Exhibits supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective immediately when posted online.
12.2 Termination of this contract EXCEPT AS PERMITTED BY THE AGREEMENT, IF YOU TERMINATE YOUR SERVICE PLAN BEFORE THE END OF THE CONTRACTUAL PERIOD, OR IF WE TERMINATE SERVICES FOR VIOLATIONS OF THIS CONTRACT BEFORE THE END OF THE CONTRACTUAL PERIOD, YOU WILL BE REQUIRED TO PAY SUBSCRIPTION FEE OF THE REMAINING CONTRACT.