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Kaspersky Lab: Award Winning Anti-Virus with Anti-Spyware Protection (5) / spam, email and spam filter Information
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- Kaspersky retains title to all Services. Recipient may not
transfer Services to anyone else.
- Recipient agrees that Kaspersky shall own any and all
information gained as a result of Recipient's use and evaluation of
the Services ("Evaluation Information").
Evaluation Information shall include but not be limited to changes,
modifications, corrections and suggested enhancements to the
Services. Kaspersky shall have the right to use, at its sole
discretion, all such information, including but not limited to use
by incorporation of such information into computer programs and
documentation for assignment, license, or other transfer to third
parties. Kaspersky may use the Evaluation Purpose for any business
purpose it may choose (so long as it does not disclose any
confidential information of Recipient). Under no circumstances will
Kaspersky be liable for any payment to Recipient for any Evaluation
Information. Unless otherwise expressly agreed in writing,
Kaspersky does not want to receive, and Recipient agrees not to
provide, any information that is confidential or proprietary to
Recipient or others.
- DELIVERY AND IMPLEMENTATION: Kaspersky will
provide Services to the location(s) specified in Attachment A.
Recipient will provide assistance setting up all Services.
Kaspersky will provide reasonable telephone assistance to Recipient
with the implementation of all Services during Kaspersky's normal
business hours.
- CHANGES: Kaspersky may make changes to the
Services or may provide additional Services to Recipient during the
term of the Agreement. Such additions or deletions will be
specified in a revised Attachment.
- CONTINUED LICENSING: Recipient must inform
Kaspersky, prior to the end of the applicable Evaluation Period, of
Recipient's interest in the continued licensing of specific
Services. Kaspersky will then notify Recipient in writing of the
then current terms and conditions under which Recipient may
continue to license such Services.
- DISCLAIMER OF WARRANTY: KASPERSKY PROVIDES
SERVICES ON AN "AS IS" BASIS. KASPERSKY MAKES NO WARRANTY, EXPRESS
OR IMPLIED, WITH RESPECT TO SUCH ITEMS, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
- INFRINGEMENT: If the operation of the Service
in accordance with this Agreement becomes, or Kaspersky believes is
likely to become, the subject of a claim that it infringes the
intellectual property rights of others, Kaspersky may, at its
option and expense, (i) secure the right for Recipient to continue
using the Service, (ii) modify it so that it becomes non
infringing, or (iii) terminate this Agreement with respect to the
Service at issue, effective upon written notice. This Section
states Kaspersky's entire obligation to Recipient regarding
infringement.
- CONFIDENTIAL INFORMATION:
- Acknowledgment of Trade Secrets. Recipient acknowledges
that the Services contain valuable trade secrets and confidential
information owned by Kaspersky, the development of which required
the expenditure of considerable time and money, including but not
limited to the development status and current functionality of the
Service(s), the appearance, content and flow of the Services
management screens, the method and pattern of user interaction with
the Services, and the content of the Services' documentation.
- Restrictions. Recipient agrees that Recipient and its
employees shall not, directly or indirectly, (i) sell, lease,
assign, sublicense or otherwise transfer, (ii) duplicate, reproduce
or copy, (iii) disclose, divulge or otherwise make available to any
third party, (iv) use except as authorized by this Agreement, or
(v) decompile or reverse engineer the Services, including all trade
secrets and confidential information therein. Recipient shall take
all reasonable precautions to prevent any inadvertent disclosure
and unauthorized use, including all trade secrets and confidential
information therein, which precautions shall be no less stringent
than those Recipient uses to protect its own valuable trade
secrets.
- Disclosure to Third Parties. Without in any way limiting
Subsection 11.b, Recipient specifically acknowledges and agrees
that it shall not permit any third party, nor any employee,
representative or agent thereof, that develops, markets or licenses
services with functionality similar to the functionality of the
Services to have access to the Services or to any trade secrets and
confidential information therein.
- Confidentiality of Evaluation Information. Recipient
will not discuss or disclose any Evaluation Information with or to
any party either during or for a period of five (5) years after the
Evaluation Period.
- LIMITATION OF REMEDIES: Regardless of the form
of action (whether in contract, tort, breach of warranty or
otherwise), IN NO EVENT WILL KASPERSKY BE LIABLE FOR DAMAGES OF ANY
KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL,
EXEMPLARY, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING
BUT NOT LIMITED TO LOST BUSINESS PROFITS AND LOSS, DAMAGE OR
DESTRUCTION OF DATA) EVEN IF KASPERSKY HAS BEEN ADVISED OF THE
POSSIBILITY OF THE SAME.
- GENERAL: Recipient may not assign this
Agreement without Kaspersky's prior written consent. Any attempted
assignment without such consent is void. Services are to be
provided only in the United States. Neither party is responsible
for failure to fulfill its obligations under this Agreement due to
causes beyond its reasonable control. Neither party may bring an
action, regardless of form, arising out of this Agreement more than
two years after the cause of action arose. In the event of the
termination or expiration of this Agreement, the provisions of this
Agreement which by their nature extend beyond the expiration or
termination of this Agreement shall remain in effect beyond such
expiration or termination until fulfilled. The laws of the
Commonwealth of Massachusetts govern this Agreement. Nothing
contained in this Agreement shall be construed as creating a joint
venture, partnership, agent or employment relationship between
Kaspersky and Recipient. This Agreement (including Attachment A,
which is incorporated by reference) constitute the entire agreement
between the parties with respect to the subject matter hereof and
supersede all prior proposals, negotiations, conversations,
discussions and agreements between the parties concerning the
subject matter hereof. No amendment or modification of any
provision of this Agreement shall be effective unless the same
shall be in writing and signed by both parties. This Agreement
shall take effect on the date that the last party hereto executes
this Agreement.
EMail Security Statement of Services
Kaspersky Hosted Security Services (KHSS) is an Application Service
Provider (ASP) based anti-virus and anti-spam, Web and Instant
Messaging control system. KHSS provides security at the domain
level, KHSS servers scan incoming and outgoing traffic, email or
web, for viruses, malicious code, or questionable content.
User Definition
KHSS subscription fees are based on the total number of
e-mail/web/IM users for a protected domain as provided by the
Customer. It is the Customer's responsibility to notify Kaspersky
of increases in the total user count. At 6 month intervals
Kaspersky will verify with the Customer the correct user count.
Should this count exceed the number of users originally contracted
for in the Statement of Services, the Customer will be billed by
the Kaspersky or its authorized agent for the additional users for
the next 6 month period. Billing rates will depend on the band in
which the total number of users falls. Only traffic that passes
over the Internet router, to or from an external domain, are routed
through KHSS servers. Kaspersky will scan emails up to 100 MB in
size. Emails over this size restriction will not be scanned.
Supported Platforms
KHSS is available for all Internet-based email routing applications
and HTTP/FTP web applications.
1. Scope of Services
DESCRIPTION NUMBER OF USERS SERVICE START DATE SERVICE
TERMINATION DATE Email Security Services Additional users
may be purchased at the per user pricing listed above by providing
an Agreement Amendment referencing this Agreement. Customer will be
billed based on the number of users added and the remaining number
of months in the contract. The service term for additional users
will become effective on the date of the purchase order or
Agreement Amendment and be coterminous with the service term of
this Agreement.
2. Services Functionality
Email Security
Email Security provides virus and spam control at the gateway
level. The customer's email configuration is redirected to pass all
email (inbound and outbound) through the Email Security scanning
engines.
Configuration Options Configurations are
Customer-controlled to the extent supported by the KHSS user
interface. Virus Control Email Security uses
multiple antivirus technologies to deliver maximum security: 3
pattern based and 1 heuristic engine. Inbound and outbound virus
control is provided, and virus signatures are updated every two
hours. SPAM Control
Emails can be filtered based on an assortment of content variables,
including SPAM, Attachments (by file type) or Message size. Email
can be quarantined, delivered or rejected based on
customer-definable policy. White Lists and Black Lists can be
defined as well. Content can be distinguished, by file type,
between documents, executables, archives, graphics, audio, video
and other types of documents. A maximum file size can also be
configured.
3. Deliverables
Reporting
Reporting is provided to the customer on a on-demand basis. Reports
are available electronically for review or download from the
Kaspersky's Secure Web Portal. Each report includes the following:
- All reports are available in a graphical, PDF or table
format
- Reports can be generated for a specific time period and
domains
- Account summary report: shows number of transactions,
categories and volumes
- The Report-Section offers granular reports for: Emails, Users,
Virus, Spam, Phishing, Quarantine and log
- Email reports show number of emails as well as the amount of
the traffic
- Reports show inbound and outbound traffic
- The Quarantine Report (QR) offers every user a specific report
to show all of their emails which have been quarantined. This
report can be requested via the portal and will be delivered via
email or web interface
- Reporting Frequency: Daily, weekly, bi-weekly or monthly
- Reporting Period: today, yesterday, this week, last week, this
month, last month
- Smart Quarantine Report (SQR): KHSS will issue a report
automatically, if emails for a user are in quarantine.
- Information in QR and SQR are: Reporting period, email count,
emails in quarantine with reason
- Reports are generate in real time
For clarification purposes, Customer accepts that Kaspersky may
change the functions or features of KHSS at its sole discretion in
an effort to make KHSS a more commercially acceptable service.
Web Security Statement of Services
Kaspersky Hosted Security Services (KHSS) is an ASP based virus and
spam, Web and Instant Messaging control system. KHSS provides
security at the domain level, allowing for more efficient controls
and faster response time in the event of a virus outbreak. KHSS
servers automatically scan all incoming and outgoing traffic, email
or web, for viruses, malicious code, or questionable content.
User Definition
Web Security provides threat protection, content control and policy
enforcement for all HTTP/FTP traffic. The customer's external HTTP
and FTP-over-HTTP requests including all attachments, macros or
executables are directed through the KHSS scanning engines.
Configuration Options Configurations are customer-controlled
and can be very granular by groups or users. Content Control
The customer can apply access restriction policies for Web pages
and attachments with automatic web/email alerts to the end user.
Restrictions can be applied to incorporate categories, approved
lists, blocked lists, content types, file types and quotas.
Threat Protection
Requests for Web pages and attachments are electronically routed
via KHSS and digitally examined for malware (viruses, malicious
code, spyware, adware). KHSS will scan as much of the Web page and
it's attachments as possible. It may not be possible to scan
certain Web pages, content or attachments. Attachments specifically
identified as unscannable will not be blocked. Streamed and
encrypted traffic, i.e., Streaming Media and/or HTTPS/SSL, cannot
be scanned and will be passed through.
3. Deliverables
Reporting
- Summary reports can be drawn on a daily, weekly, monthly or
yearly basis
- Summary reports can be generated as graph, xml, csv or
table
- Scheduled report can be generated based on
- Top Viruses blocked
- Blocked Viruses by number of hits
- Top Groups by blocked viruses
- Protocol trend by bandwidth
- Protocol trend by connections
- Top users by blocked viruses
- Frequency for scheduled reports can be
- Once only
- Daily
- Weekly
- Monthly
- Forensic Reports can be generated for specific users or groups
on a custom period
ES/WS/IMS Bundle Email Security uses 4 different antivirus
technologies to vie maximum security: 3 pattern based and 1
heuristic engine. Inbound and outbound virus control is provided,
and virus signatures are updated every two hours. Requests for Web
pages and attachments are electronically routed via KHSS and
digitally examined for malware (viruses, malicious code, spyware,
adware). KHSS will scan as much of the Web page and it's
attachments as possible. It may not be possible to scan certain Web
pages, content or attachments. Attachments specifically identified
as unscannable will not be blocked. Streamed and encrypted traffic,
i.e., Streaming Media and/or HTTPS/SSL, cannot be scanned and will
be passed through.
IM Security
IM Security provides threat protection, content control and policy
enforcement for all IM Traffic. ictionaries or word lists can be
created to block traffic. Restrictions can be defined to block
applications such as AOL IM, MSN Messenger or Yahoo Messenger. Add
on services such as video, gaming or voice chat can be blocked.
Skype can be blocked. Schedules can be defined on a daily, hourly
and per minute basis. Policies can be defined for groups, schedules
and restrictions. User messages can be defined by the administrator
to inform user if a virus or spyware was detected.
3. Deliverables
Reporting
Email Security Web Security IM Security Register Now Free
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