WOWzer Backup and Restore Services Agreement
1. The Services
You may access and use the WOWzer Backup and Restore Services (Services) by this Agreement. Service Level Agreements and Service Terms apply to certain Services.
This Agreement governs Third-Party Content, including content that may or may not be added by you. If applicable, separate terms and conditions for Third-Party Content, which terms and conditions may include separate fees.
WOWzer Technologies Inc. will implement reasonable and appropriate measures to help you secure Your Content against accidental or unlawful loss, access, or disclosure.
You may specify the region in which Your Content will be stored. You consent to storing Your Content in your selected region at sign-up. Transfer to a secondary region is not possible.
We will only access Your Content as necessary to maintain or provide the Services or comply with the law or a binding order of a governmental body. We will not disclose Your Content to any government or third party or move Your Content from the region you select, except as necessary to comply with the law or a binding order of a governmental body. Unless it violates the law or a binding order of a governmental body, we will give you notice of any legal requirement or order given to WOWzer Technologies Inc.
We may change or discontinue any of the Services from time to time. We will provide you at least two months prior notice before discontinuing a material functionality of a Service that you are using, except that this notice will not be required if the two-month notice period would pose a security or intellectual property issue to us or the Services, is economically or technically burdensome, or would cause us to violate legal requirements.
We may change, discontinue or add Service Level Agreements; we will provide at least 60 days advance notice for adverse changes to any Service Level Agreement.
2. Your Responsibilities.
You will comply with the terms of this Agreement and all laws, rules and regulations applicable to your use of the Services. To access the Services, you must have a WOWzer Technologies account associated with a valid email address and a valid form of payment. Unless explicitly permitted by the Service Terms, you will only create one account per email address. Except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and (b) we and our affiliates are not responsible for unauthorized access to your account.
You are responsible for Your Content. You will ensure that Your Content and your and End Users’ use of Your Content or the Services will not violate any of the Policies or any applicable law.
You are responsible for properly configuring and using the Services and otherwise taking appropriate action to secure and protect your backup and Your Content in a manner that will provide appropriate security and protection, which might include the use of Multi-Factor Authentication to protect Your Content from unauthorized access and routinely archiving Your Content.
WOWzer log-in credentials are for your use only. You will not share, transfer or disclose in any part to any other entity or person, except that you may disclose your private credentials to your agents performing work on your behalf.
You are responsible for the End Users’ use of Your Content and the Services and their compliance with your obligations under this Agreement. If you become aware of any violation of your obligations under this Agreement caused by an End User, you will immediately suspend access to Your Content and the Services. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide such support or services.
3. Payments
The Customer shall pay WOWzer the fees specified in WOWzer’s order form as applicable (the “Fees”). All payments made under this Agreement shall be payable on the anniversary of the date of first signup and every month thereafter until the Services are discontinued.
4. Security
WOWzer maintains a formalized information security policy to comply with various regulatory and business requirements. This security policy protects all sensitive and confidential data stored, accessed, or transmitted by our software platform, including its applications, components, infrastructure, and underlying code.
WOWzer has designed a risk assessment program to assess the organization’s enterprise-level risk at least annually or upon significant changes to the environment. This program is designed to identify and assess threats to and vulnerabilities in systems and in service.
WOWzer takes responsibility for implementing appropriate technical and organizational safeguards to ensure the protection of sensitive information. Employees of WOWzer are required to read and accept the terms of a confidentiality agreement upon hire that states they are prohibited from disclosing any company data from the systems and system components to which they have access.
WOWzer maintains strict control access to restrict private information to privileged users. These users are required to abide by their assigned responsibilities related to their elevated access.
WOWzer has established Data Handling and Retention procedures, to manage information in accordance with applicable laws, regulations, policies, and standards. This program establishes formal data retention testing.
WOWzer retains sensitive and confidential data only for as long as necessary to fulfill its purposes unless otherwise required by law or to meet legal and client contractual obligations.
WOWzer segments its network to prevent direct or unauthorized connections between an external network and its information systems, particularly confidential data in cloud environments.
WOWzer maintains a vulnerability management program to ensure the confidentiality, integrity, and availability of the organization’s information systems landscape, which includes all critical system resources. The program includes internal and external scans, penetration testing, and issue remediation to identify, detect, classify, prioritize, remediate, validate, and continuously monitor vulnerabilities.
WOWzer conducts independent third-party penetration tests multiple times annually on any systems with Confidential data or with a critical risk rating to identify security vulnerabilities.
5. Access and Use of the Services
On the condition that you comply with all your obligations under this Agreement, we hereby grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to use our Services and any of Your Content hereon for your personal use or commercial use.
If you have been charged for a Service for a period when that Service was unavailable for more than 24 hours, you may request a Service credit equal to any charged amounts for such period.
6. Indemnification.
You will defend, indemnify, and hold harmless WOWzer Technologies Inc., our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning your or any End Users’ use of the Services breach of this Agreement or violation of applicable law by you, End Users or Your Content; or a dispute between you and any End User. You will reimburse us for reasonable attorneys’ fees and our employees’ and contractors’ time and materials spent responding to any third-party subpoena or other compulsory legal order or process associated with third-party claims described above at our then-current hourly rates.
Click here to view the WOWzer Technologies Terms of Service: https://wowzerbackupandrestore.com/wp-content/uploads/2022/07/Terms-of-Service-WOWzer-Technologies.pdf
