EATEL servers reside behind a Cisco firewall maintained in-house, and reside in a secure Telco central office. All non-essential access ports are disabled, and maintenance access is restricted to static IP users.
EATEL system administrators maintain all hardware and software on any EATEL server, performing routine maintenance, installing available patches and upgrading equipment and software as required and as warranted and monitoring government, manufacturer, and industry advisories for potential exploits. The servers reside on a high-speed backbone of connectivity to the Internet, powered by Cisco equipment.
EATEL shall not be held liable for any inappropriate, irrelevant, or illegal content, files and/or images residing on its servers and/or promoted on customers' web sites hosted on EATEL servers or accessed through EATEL servers. Customer is responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our services for the reconstruction of any lost or corrupted data. Customer is responsible for creating its own website and for its own content. Customer accepts responsibility for submitting content and other relevant information necessary for the development and publication of the developed Website. EATEL does not monitor or assume any responsibility as to the legality, that which is published or posted on your website, our facilities or on the Internet. EATEL is not responsible for the content of any other Website linked to Customer's services. EATEL does not and cannot guarantee or warrant that any files available for downloading through our sites, your site or Internet connections will be free from infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.
Sites hosted on EATEL servers experience a minimum of 99% monthly average "up-time" on all web servers. "Up-time" is defined as the measured availability of the HTTP service on a particular server.
Server content is automatically backed up to magnetic tape every weeknight and stored at an off-site facility. All EATEL servers are protected against commercial power failure by redundant power supplies driven by generator-backed AC power and/or battery back-ups.
All servers occupy dual DS-3 transport paths to the Internet provided by two independent vendors and hosted by two individual Cisco routers to guard against link failure and to maximize redundancy. The EATEL system architecture ensures that each element of connectivity from the servers to the Internet has at least a single factor of redundancy built-in.
System administrators are on call at all times should any form of failure arise. Customer-reported trouble tickets will receive initial response with 4 hours and agreed upon resolution plan within 12 hours of initial reporting. Automated systems are configured to detect particular server availability problems and notify on-call technicians within minutes of any single incident. Technicians are in touch with the answering service and EATEL tech support within 15 minutes of any problem to assure that the repair staff has been notified. In the event that a technician cannot be immediately reached, a 5-level escalation path is initiated. Automated systems report the problem to all technicians, the answering service, the Data Network
Operations Supervisor, and the Data Network Engineering Manager. Resolution typically begins within 15 minutes of the initial notification. Otherwise escalation commences and ascends each level every 15 minutes through all 5 levels. The worst-case scenario involving a single server will involve either equipment replacement by maintenance contract or a need to restore data. In an instance of a single catastrophic server failure, a site on the effected server shall be restored to production within 24 hours of initial trouble notification. The probability of a catastrophic multi-server failure is minimal. Such a failure shall be addressed and remedied as the causing condition allows. EATEL shall not be liable for acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of third parties, or acts or omission of common carriers that impede the delivery or repair of hosting services.
Monthly recurring costs shall be paid within thirty (30) days of the EATEL invoice date. Payments received after the due date of an invoice shall incur a late payment penalty of the lesser of 5% per month or the highest rate permitted by law of the unpaid balance for each month or fraction thereof that such balance shall remain unpaid.
Customers maintain the right to request a refund for a calendar month's billing of itemized hosting charges if the customer reported a site outage that was confirmed by a technician at the time of the initial report and if subsequent discovery confirms that the effected server (where the site resides) experienced greater than 1% "down time" for that calendar month. "Down time" is defined as the measured unavailability of the HTTP service on a particular server. Without limiting the above, EATEL shall have no liability or obligation to customer, in either contract or tort, for special, incidental, or consequential damages of any kind incurred by customer, including, but not limited to, claims or damages for personal injury, wrongful death, loss of use, loss of anticipated profits, or other incidental or consequential damages or economic losses of any kind incurred by customer directly or indirectly resulting from or related to any web hosting, use of equipment or service described above, whether or not caused by EATEL's negligence. EATEL makes no express or implied warranties, including merchantability or fitness for a particular purpose, regarding services provided pursuant to this agreement.
Customer agrees to be bound by all applicable terms and conditions which are located in the Legal Notice and Terms and Conditions section of the www.eatel.com website.
EATEL'S Spamming Policy
EATEL has a no tolerance Spam policy. EATEL's customer support actively monitors large import lists and emails going to a large number of subscribers. Any customer found to be using EATEL's List Hosting for Spam will be immediately cut-off from use of the product. If you know of or suspect any violators, please notify us immediately at abuse@eatel.net.
Every email contains a mandatory unsubscribe link applied by the server - those individuals who try to remove this link will be warned that they are doing so. If the link is removed or deactivated in any way, EATEL will terminate the customer's account.
What is Spam?
Spam is unsolicited email also known as junk mail or UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines. The only correct way to do this is if the end-user has sent you (not a third party) a request to be added to the list, whereupon you send them a verification e-mail to the address being subscribed requesting that the end-user reply verifying that they wish to be on the list. If they respond, then, and only then are they added to the list. If they do not reply to the verification e-mail, then they are NOT added to the list. This is called "double opt-in".
How EATEL protects you from sending Spam
EATEL's acceptable use policy for List Hosting is based on a permission-based email-marketing tool that follows the strictest permission-based philosophies:
- Communication -- Your registration page should state why you are collecting the site visitor's email address, how you plan to use their address, and that you are following your site's embedded privacy policy. Additionally, by subscribing to EATEL service, you have agreed to not sell or rent your lists. You are also responsible for verifying the integrity of the email addresses on any list you use, regardless if it was purchased from a third party. There is no such thing as a purchased "opt-in" list.
- Verification -- EATEL automatically sends all of your new subscribers an email confirming their interest in receiving emails from you. If they do not reply, then they will NOT be added to the list. Additionally, if your subscriber changes his or her interests or unsubscribes, EATEL automatically sends an email confirmation of this request. All lists hosted by EATEL will be "double opt-in".
- Unsubscription -- Every email generated from EATEL's list hosting service contains an unsubscribe link which automatically removes your subscriber from any list(s) to eliminate the possibility of sending unwanted emails to visitors who have unsubscribed.
- Contact Information -- All of your emails should include your correct contact information.
Isn't there a law restricting Spam?
Yes there are laws on a state level, but these statutes vary. Therefore, it is important to conform to the strictest standards. Many states have Spam statutes, but they all differ; each state has its own definition of unsolicited commercial email. Louisiana's spamming statute (LA R.S. 14:73.6) outlines the definition and penalties related to spamming Additionally, there are various federal agencies keeping track of Spam, including the Federal Trade Commission.
How to protect yourself from being considered a Spammer: Take the Spam Test
- Are you importing a purchased list of any kind?
- Are you sending to non-specific addresses such as: sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general addresses.
- Are you sending to distribution lists or mailing lists, which send indirectly to a variety of email addresses?
- Are you mailing to anyone who has not explicitly agreed to join your mailing list?
- Have you falsified your originating address or transmission path information?
- Have you used a third party email address or domain name without their permission?
- Does your e-mail's subject line contain false or misleading information?
- Does your email fail to provide a working link to unsubscribe?
If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER and your service will be immediately terminated. For more information visit The Coalition Against Unsolicited Email (www.cauce.org) or contact EATEL's Customer Support (abuse@eatel.com).
Privacy Statement (EATEL'S List Hosting)
As an EATEL List Hosting customer, you are responsible for promulgating and enforcing your own privacy policy.
The following discloses our information gathering and usage practices for the EATEL website and List Hosting Services. EATEL's Web Hosting Services offers several opportunities for visitors to register for promotional and informational mailings or to receive assistance in evaluating our software and services. EATEL uses this contact information to send users information about our company and its products and services. Users may opt-out of receiving future mailings at any time.
EATEL is the sole owner of the information collected on this site. EATEL will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. EATEL collects information from our users at several different points on our website.
The transmission of unsolicited commercial e-mail is expressly forbidden by EATEL's Spamming Policy and EATEL's Acceptable Use Policy for List Hosting.
Information Tracked
EATEL will use your IP address to help diagnose problems with our server and to administer our website. EATEL also tracks browser types to help us understand our visitor's needs related to our website design. Our site's optional information request forms require your name, company, e-mail address, as well as information to help us determine your needs related to our solution. EATEL uses this information to send updates about our company or contact you if requested or necessary. You may opt-out of receiving future mailings; see the choice/opt-out section below. When you receive an updated profile form, that information comes from our database.
