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Service Definitions

Service Definition

The Service includes a virtual server computer (also referred to in the technology industry as a virtual machine) within RC’s computer infrastructure that Client may use as a computing resource. Client may use the virtual machine for any legal purpose.  As part of Service RC will provide Internet connectivity to the virtual machine and/or hosted Exchange service, the server computer hardware and host, data backups, network monitoring, power, surge protection and the collocation facility.

 

Charges

Client agrees to pay Rekall for Service at the monthly rates defined above.  Client also agrees to pay Rekall the Up-Front/Setup charges as defined  above.  Client understands that costs associated with INSTALLATION & SETUP are estimated, and that actual costs may vary based upon actual billable hours. Client will be invoiced for each billable hour incurred to setup Client’s virtual server and client PC environment.

 

Agreement Term

The length of time that the client agrees to utilize and pay for services offered by Rekall Technologies LLC.

 

Agreement Renewal/Termination Date

The date that this agreement is up for the client to renew services and sign a new agreement or terminate service and not sign a new agreement.

 

Client

Any employee or representative of a firm or company that that is looking to do business with Rekall Technologies LLC and signs this agreement.

 

Connectivity Support

Technical support offered by Rekall Technicians to Rekall Cloud users/clients that has to do directly with connectivity issues including but not limited to connecting to the cloud, new connections to the cloud, and other issues where the cloud may be malfunctioning. This support is free and included for all Rekall Cloud clients where the issue is found to be with the Rekall Cloud. Technical issues having to do with a client’s local office or client owned hardware is not covered unless explicitly mentioned in section 14 and will come with a standard charge found in section 14.

 

API

An application program interface.

 

RC Confidential Information

All nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. RC Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, clients, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. RC Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the RC Confidential Information.

“RC Content” means Content we or any of its affiliates make available in connection with the Services or on the RC Site to allow access to and use of the Services, including WSDLs; Documentation; sample code; software libraries; command line tools; and other related technology. RC Content does not include the Services.

 

RC Marks

Means any trademarks, service marks, service or trade names, logos, and other designations of RC and its affiliates that we may make available to you in connection with this Agreement.

 

RC Site

//rekalltech.com and any successor or related site designated by us.

 

Content

Software (including machine images), data, text, audio, video, images or other content.

 

Documentation

The developer guides, getting started guides, user guides, quick reference guides, and other technical and operations manuals and specifications for the Services located within //rekalltech.com, as such documentation may be updated by us from time to time.

 

End User

Any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Service Offerings under your account. The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own RC account, rather than your account.

 

Policies

The Acceptable Use Policy, the Site Terms, the Service Terms, the Trademark Use Guidelines, all restrictions described in the RC Content and on the RC Site, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials referenced on the RC Site.

 

Service

Each of the web services made available by us or our affiliates, including those web services described in the Service Terms.

 

Service Level Agreement

All service level agreements that we offer with respect to the Services and post on the RC Site, as they may be updated by us from time to time.

 

Service Offerings

The Services (including associated APIs), the RC Content, the RC Marks, the RC Site, and any other product or service provided by us under this Agreement. Service Offerings do not include Third Party Content.

 

Suggestions

All suggested improvements to the Service Offerings that you provide to us.

 

Term

The term of this Agreement described in Section 7.1.

 

Third Party Content

Content made available to you by any third party on the RC Site or in conjunction with the Services.

 

Your Content

Content you or any End User (a) run on the Services, (b) cause to interface with the Services, or (c) upload to the Services under your account or otherwise transfer, process, use or store in connection with your account.

 

Your Submissions

Content that you post or otherwise submit to developer forums, sample code repositories, public data repositories, or similar community-focused areas of the RC Site or the Services.

 

Payment

Client acknowledges that payment for Rekall services will be processed via credit card on file. Invoices will be processed automatically by the 3rd of each month for the previous month and sent out to Client on or about the 1st of each month.