TERMS OF SERVICE FOR
CLOUD VIRTUAL PRIVATE NETWORKS
This Service is subject to and governed by the Customer’s separate signed Master Services Agreement (MSA) or Customer Service Agreement (CSA) as applicable, with Consolidated Technology Services (CTS), calling itself Washington Technology Solutions or “WaTech” for short. The reference to WaTech means the same as Consolidated Technology Services. This Agreement is entered into between you and CTS for the provision of CTS’ Cloud Virtual Private Networks (VPN). For the purposes of this agreement “you” and “Customer” are used interchangeability and mean the entity to which CTS is providing service.
A. Service Description
WaTech’s Cloud VPN Service provides a secure way to connect employees to your agency’s applications and other services hosted in a Public Cloud Network using an Internet connection. Your agency’s primary network location must be connected to the State Government Network (SGN).
i. Availability Management
The service(s) defined in this agreement will be available 24 hours a day, 7 days a week. WaTech shall not be liable for any damages resulting from any service interruptions, downtimes, or any other factor beyond WaTech’s control.
ii. Change Management
All changes to WaTech Data Center computing and network environments are managed to promote or provide stability and minimize the impact of the changes to its customers. All changes to the WaTech computing and network environments are implemented in accordance with WaTech Information Technology Service Management Operations Manual Standards and Procedures, located at http://watech.wa.gov/itsmom.
iii. Problem Management
Problems with the WaTech computing and network environments are managed in accordance with the WaTech Information Technology Service Management Operations Manual Problem Management Standards and Procedures.
iv. Security Management
WaTech provides a security system infrastructure that reasonably protects its Customers from unauthorized external access to or broadcast on the Internet of customer’s intellectual property, proprietary and confidential data. WaTech shall ensure the security infrastructure is configured and maintained in compliance with OCIO IT Security Policy and Standards as well as the WaTech Information Technology Service Management Operations Manual Standards and Procedures.
The Cloud Virtual Private Network Service fees can be found on the WaTech website: http://watech.wa.gov/solutions/it-services/Cloud-VPN
1. WaTech Responsibilities
Use reasonable efforts to assure that production services will be available 24-hours, 7-days-a-week, excluding coordinated maintenance activities.
Provide and maintain the Cloud VPN hardware and software platform and the software system environment.
Reasonably manage and maintain the physical environment housing the production servers in accordance with applicable WaTech policies, which may include measures such as:
Assuring that only WaTech authorized personnel are allowed access to the physical environment using both electronic monitoring and security guards.
Providing environmental controls and monitoring of Data Center physical environment.
Maintaining fire detection and suppression systems.
Providing conditioned power.
Using only un-interruptible power supply.
Provide support through the WaTech Support Center as follows:
Cloud VPN service installation will be available 7:00 am – 8:00 pm Monday through Friday.
Cloud VPN incident response will be available 24x7 for complete site/service outages relating to only the VPN service, features and devices.
2. Customer Responsibilities
Customer is required to be connected to the State Government Network (SGN).
Virus Protection Software
Customer is responsible for ensuring comprehensive virus protection software, including the most current upgrades and patches consistent with industry standards, is implemented and maintained on the Customer’s remote workstation. Customer represents and warrants that all antivirus software and other security software will be configured maintained in accordance with OCIO IT Security Policy and Standards.
Customer is responsible for ensuring a comprehensive firewall, including upgrades, patches, and current versions consistent with industry standards, is implemented and maintained on the Customer’s remote workstation and servers. Customer represents and warrants that all firewall software and other security software will be configured maintained in accordance with OCIO IT Security Policy and Standards.
The Cloud VPN Service does not guarantee 100 percent utilization of the allocated bandwidth for a customer agency’s Cloud connection. Customers should anticipate slower speeds from overhead and latency from the distance between the customer site to the Public Cloud service, TCP settings on server, application/protocol in use (SMB) and ISP congestion. If customers experience issues connecting to their Cloud provider with their SGN connection, they should follow the normal troubleshooting process for that service and contact the WaTech Support Team to open a ticket.
General Issues, if a customer opens a ticket with WaTech they will be required (as a bare minimum) to provide the following information:
Customer Site name and/or location
Point of contact name, email, and phone
Trace route from customer environment to cloud resources
E. Special Terms
Exclusions: The following items are the sole responsibility of the Customer and are NOT supported by WaTech:
- >Customer support for systems outside the State Network.
Implementation and management of Customer LAN (i.e., firewalls, hubs, servers, workstations, etc.) and Cloud service environments.
Help desk support for client devices, applications, and cloud environments.
Technical support for customer and vendor owned hardware at the Cloud VPN location.
WaTech is committed to your privacy and does not collect or log browsing history, traffic destination, data content, or DNS queries from You connected to our VPN.
Acceptable Use Policy
It is Your responsibility to assess whether using the site, apps, software, or services is in compliance with local laws and regulations. Whenever You use the site, apps, software, or services, You should comply with this TOS and applicable laws, regulations, and policies.
You understand that it is your responsibility to keep your WaTech account information confidential. You are responsible for all activity under your account. If You ever discover or suspect that someone has accessed your account without your authorization, You are advised to inform us immediately so that we may revoke your account credentials and issue new ones.
WaTech aims to provide the best service possible to all of You. In that sense, we require that you do not misuse our content or services. A misuse refers to any use, access, or interference with the content or services contrary to the TOS or applicable laws and regulations.
In order to protect the services from being misused or used to harm someone, WaTech reserves the right to take appropriate measures when our services are being used contrary to these TOS and applicable laws. You agree that WaTech may terminate your account, without providing a refund for services already paid, if you misuse the service.
In using our services, you agree not to:
Send or transmit unsolicited advertisements or content (i.e., “spam") over the service.
Send, post, or transmit over the service any content which is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence.
Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content.
Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors.
Engage in any conduct that restricts or inhibits any other Customer from using or enjoying the service.
Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
Attempt to compile, utilize, or distribute a list of IP addresses operated by WaTech in conjunction with the service.
Use the service for anything other than lawful purposes.
We will strive to prevent interruptions. However, the service is provided on an “as-is” and “as-available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the site or the service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the services will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected.
VPN service coverage, speeds, server locations, and quality may vary. WaTech will attempt to make the service available at all times. However, the service may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed. WaTech is not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the service, communications services, or networks. WaTech may impose usage or service limits, suspend service, terminate VPN accounts, or block certain kinds of usage in our sole discretion to protect Subscribers or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
This service is subject to all relevant United States export control laws and regulations. WaTech makes no representation that this service is appropriate or available for use in other locations outside the United States. By using this service, You represent and warrant that: (i) you are not listed on the U.S. Commerce Department's Table of Denial Orders, the U.S. Treasury Department's lists of specially designated nationals, or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People's Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).
This WaTech service is designed to prevent outsiders from gaining access and will provide an effective method of monitoring and limiting access. However, it may not prevent some instances of an employee from gaining unauthorized access to the Internet or to confidential information stored on the network. WaTech does not and will not accept liability for any losses or damage to Customer’s business or data that arise as a result of the service not preventing unauthorized access. The WaTech service does provide a high standard of protection and service, but no system can claim to be completely secure.