Service Level Agreement

Amazon S3 Service Level Agreement

This Amazon S3 Service Level Agreement (“SLA”) is a policy governing the use of Amazon S3 and Amazon S3 Glacier (each an “Amazon S3 Service”) and applies separately to each account using an Amazon S3 Service. In the event of a conflict between the terms of this SLA and the terms of the AWS Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment

  • AWS will use commercially reasonable efforts to make the Amazon S3 Services each available with a Monthly Uptime Percentage, as described below, during any monthly billing cycle (the “Service Commitment”). In the event an Amazon S3 Service does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Amazon S3 SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of an Amazon S3 Service, or any other Amazon S3 Service performance issues:

  • caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Amazon S3 Service;
  • that result from any actions or inactions of you or any third party;
  • that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or
  • arising from our suspension or termination of your right to use the Amazon S3 Service in accordance with the AWS Agreement (collectively, the “Amazon S3 SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Monthly Uptime Percentage, then we may issue a Service Credit considering such factors at our discretion.

Definitions

  • “Error Rate” means: (i) the total number of internal server errors returned by the  Amazon S3 Service as error status “Internal Error” or “Service Unavailable” divided by
    • the total number of requests for the applicable request type during that 5-minute interval. We will calculate the Error Rate for each Amazon S3 Service account as a percentage for each 5-minute interval in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the Amazon S3 SLA Exclusions.
    • “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each 5-minute interval in the monthly billing cycle. If you did not make any requests in a given 5-minute interval, that interval is assumed to have a 0% Error Rate.

Software License

  1. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, Client will own the content and designs of the website. Third party software licenses are subject to their respective terms and conditions as appropriate.
  2. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Powerful proprietary software in any way; (ii) modify or make derivative works based upon the Powerful proprietary software, plugins or modules; (iii) create Internet “links” to the Powerful proprietary software, modules and plugins or “frame” or “mirror” any administrative access on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the software, or (c) copy any ideas, features, functions or graphics of the software.
  3. Use of Powerful Web Applications requires active enrollment in subscription of security, maintenance and management package.

Terms of Use

This website features registered and non-registered trademarks and copyright protected content. Many of these trademarks are federally registered trademarks and may not be used without permission.

In preparation of this website, we’ve strived to offer visitors current, accurate and clearly expressed information about our products and services. However, inadvertent errors can occur. Please be aware changes are made periodically to this website and may be made at any time without notice.

This website and all of its contents, including third-party content and links, are provided “AS IS” without warranty of any kind, either express or implied, but not limited to merchantability, fitness or non-infringement. If you rely on any data or information found on or through this site, you do so at your own risk. (If you live in a state which does not permit disclaimers of implied warranties, this part of our disclaimer may not apply to you.) We will not be liable to any party for any direct, indirect, special, consequential or other damages resulting from the use of this website or any linked website, even if you expressly advised us of the possibility of such damages.

Hyperlinks to other websites are provided solely as a convenience and do not constitute endorsement or approval of, or affiliation with, these linked websites or the organizations that provide them unless otherwise noted.

Privacy Policy

This policy describes the fair information practices that govern the collection, maintenance, use, and disclosure of information on websites owned and operated by the copyright holder of this website hereinafter referred to as the site operator. Unless otherwise provided, all information provided on the website is made available subject to this Privacy Policy. By accessing this site website, you agree, without limitation or qualification, to be bound by this Privacy Policy.

  • Information Collected and Stored Automatically
    The site operator may automatically collect and store anonymous information about site visitors to enable us to make the website more useful and improve the overall quality of the visitor’s online experience.  Anonymous information refers to data that cannot be tied back to a specific individual. We may collect the following anonymous information from you every time you access the website:
    1. Internet domain from which you access our website (e.g. google.com, your-company.com, bing.com)
    2. IP address.  An IP address is automatically assigned to your computer or mobile device when you surf the web.  In some cases, these addresses may be individually or regionally identifiable.  However, even when an IP address is identifiable, it usually takes additional effort to link a particular IP address to a specific individual.  For many users, an IP address cannot be linked to a specific individual.
    3. Type of browser and operating system used to access our website
    4. Date and time of access
    5. Pages visited
    6. Address of the website (if any) from which you linked to the website

    Weblogs may also be automatically created and used to identify visitors who seek to damage the website, use the website in unauthorized ways, or interfere with operations.  Information about users who try to engage in any unapproved activities may be shared with law enforcement agencies. We do not collect any personal information about a routine visitor unless the visitor provides information to us.

  • Personal Information Collection and Use 
    You do not have to provide any personally identifiable information to visit this website; however, if you use the website to send us an e-mail, subscribe to a newsletter or e-mail alert, ask for information, or if you provide personally identifiable information through the website in any other way, we may collect and may maintain the information that you provide. Personally identifiable information refers to data that tells us specifically who you are (e.g. your name, address, e-mail, electric service characteristics, dispute). In the situations described above, your personally identifiable information may be shared among our staff, members, and support services (including third party vendors) as we deem necessary. Once information reaches the correct office, it will be used in the same manner as comparable information collected in other ways. In no event will we sell, rent or lease your personally identifiable information to any third parties.
  • Linking to other sites  
    From time to time, the website may provide links to other websites, not owned or controlled by us, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other website owners or the content or accuracy of those other websites. Links to various websites do not constitute or imply endorsement of these websites, any products or services described on these sites, or of any other material contained in them.
  • Security and Data Quality
    1. The site operator maintains its website and its information with technical, administrative, and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification, and improper disclosure. We are committed to maintaining accurate, timely, relevant, and appropriate information about our users.  No computer or mobile operating system can ever be fully protected against every possible hazard. We provide reasonable and appropriate security to protect against foreseeable hazards.
    2. We require that employees who have access to personally identifiable information from the website acknowledge in writing that they have read this privacy policy and that they are expected to follow it.  Any employee who fails to comply with these rules may be subject to disciplinary action up to and including dismissal.
    3. Please note that your e-mail, like most, if not all, non-encrypted Internet e-mail communications, may be accessed and viewed by other Internet users, without your knowledge or permission, while in transit to us.  For that reason, to protect your privacy, please do not use e-mail to communicate information to us that you consider confidential.
    4. “Phishing” is a scam designed to steal your personal information.  If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond.  We will never request your passwords, user names, credit card information, or other personally identifiable information through e-mail.
  • Cookie Policy
    A “cookie” is an element of data that a website can send to your browser and store your preferences when you link to that website.  It is not a computer program and has no ability to read data residing on your device or instruct your device to perform any step or function.  By assigning a unique data element to each visitor, the website is able to recognize repeat users, track usage patterns, and better serve you when you return to our site.  The cookie does not extract personally identifiable information about you.In order to better understand how we use cookies, the following descriptions below account for the different types of cookies which may be utilized on our website. First party cookies are cookies set by the website you are visiting. Persistent cookies are cookies that remain on your device for the period of time specified in the cookie.  Persistent cookies are activated each time that you visit the website that created that particular cookie. To help serve you better, we use persistent, first-party cookies to receive and store certain types of information whenever you interact with our website through your computer or mobile device. This information helps us identify return visitors to enhance your user experience, to tailor the website to your preferences and track usage to understand what content is most useful to website visitors. You may update your “cookie” settings on your device at any time. The help function of your browser should contain instructions to allow you to set your device to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at all.

If you use Microsoft Internet Explorer or Microsoft Edge, visit Microsoft Support to obtain information on how to set your cookie preferences.

If you use Google Chrome, visit Google Support to obtain information on how to set your cookie preferences.

If you use Firefox, visit Mozilla Support to obtain information on how to set your cookie preferences.

If you use Apple Safari, visit Apple Support to obtain information on how to set your cookie preferences.

Note that if you set your preferences so your device does not receive cookies, certain features of the website cannot be provided to you, and you may not be able to take full advantage of all the website content.

  • Uses and Disclosures
    1. The site operator uses its website to provide services and information to its members, employees, and members of the general public.
    2. General
      We may share information we collect on our website with companies that provide support services to us (such as auditors, web hosting providers, or call center service providers). These companies may need this information in order to perform their functions.  We generally direct recipients to agree to safeguard personal information, to use it only as authorized by us, and to return it or destroy it when no longer required.
    3. Legal Process
      We could be required to disclose personal information in response to valid legal processes, such as a search warrant, subpoena, or court order. Any record keeper faces this possibility. Disclosures may also be appropriate to protect our legal rights or during emergencies if physical safety is believed to be at risk. We believe that these events are unlikely, but they are possible. We will take reasonable steps to limit the scope and consequences of any of these disclosures.
    4. Recruiting Services
      Web users can search and apply online for employment opportunities with the site operator and its affiliated companies. If you complete a job application online, provide a resume, or disclose other personal information for a recruitment activity, we may use your information in the same manner as if you applied by regular mail or in person. The information will only be used for recruiting and employment purposes.  It is possible that information about you or about your application will be shared externally to verify the information, to obtain references, or for other employment-related purposes. When appropriate, application information will be shared with a member cooperative that advertised a vacancy. Each member cooperative has independent policies and practices for the use and disclosure of employment applications.
  • Subscriptions
    You may voluntarily sign up to receive various newsletters, updates or alerts, and other such communications, directly or indirectly, from our staff or affiliates. By electing to receive any communication, you understand that your information will be retained by us and may be added to our contact database. Based upon your election, we may contact you directly concerning other publications or events that may be useful to you. Note that as a recipient of any generated communications, you may unsubscribe from future messages via a link at the bottom of each email message to be removed from our contact list. We do not sell, rent, or otherwise share lists of subscribers to publications, online newsstand services, or list servers.
  • Changes to this policy
    We may change this statement from time to time. We encourage you to periodically reread this policy to see if there have been any changes that may affect you. This statement is not intended to and does not create any contractual or other legal rights in or on behalf of any party.
  • Children and Privacy
    We are committed to protecting the privacy needs of children and encourages parents and guardians to take an active role in their children’s online activities. Our website does not target and is not intended to attract children under the age of 13. We do not knowingly solicit personal information from children under the age of 13 nor send them requests for personal information.

Do Not Sell Info

Provisions Specific to the California Consumer Privacy Act

Personal information we have collected in the last 12 months:

  • We generally collect the following types of information from you. Not all types of information listed below are applicable to all visitors to our website or all of our customers, clients, or members.

We don’t sell your data.

Identifiers

  • Name, alias, mailing address, email address(1)(2). We may collect your contact information as part of providing our services to you, to communicate with you, and to keep your contact information on file.
  • Account name. We may keep in file an account name associated with your information in our customer database. This information may be internally generated instead of provided by you. We may use this information to identify you, provide our services to you, and to authenticate your identity throughout the time that we provide services to you.
  • Social Security Number, driver license number, state identification card number(1)(2). We may use this information for various purposes in order to provide services to you, or to perform checks to decide if we can provide service (such as a credit check). We may use it to authenticate your identity when we begin providing services to you and throughout the time that we provide services to you.
  • IP address(2): we collect this information automatically via an HTTP server as users browse our website through. Unless you voluntarily submit personally identifying information to us through our websites or are provided with an account to login to a website provided by us, this is information is not associated with you in an identifiable way. This information is used for the purposes of supporting, maintaining, and troubleshooting our websites.

Customer Records Information

  • Social Security Number, driver license number, state identification card number(1)(2). We may use this information for various purposes in order to provide services to you, or to perform checks to decide if we can provide service (such as a credit check). We may use it to authenticate your identity when we begin providing services to you and throughout the time that we provide services to you.
  • Name, address.(1)(2). We may collect your contact information as part of providing our services to you, to communicate with you, and to keep your contact information on file.
  • Signature(1)(2). We may use it to authenticate your identity when we begin providing services to you and throughout the time that we provide services to you.
  • Employment and employment history(1)(2). We may use it to authenticate your identity when we begin providing services to you and throughout the time that we provide services to you. We may use it to perform checks to decide if we can provide service. If you apply for employment with us, we may also use this information in making employment decisions. Our use in employment decision making may include verifying this information with your current and former employers and asking them for further information about you to use in our employment decision process.
  • Bank account number, credit card number, debit card number(1). We may use this information and keep it on file in order to charge you for one time or reoccurring payments for our services.
  • Other financial information(1)(2). We may use this information in order to provide financial assistance to you or share this information with third parties (such as community assistance organizations) to provide financial assistance to you. Beyond the information you provide, we may obtain information from third parties at your approval, such as your landlord.
  • Medical information(1)(2). We may use this information to provide special or prioritized services to you, especially during a natural disaster or inclement weather.

Commercial information

  • Products or services purchased(2). This information is collected by us at the time of purchase. We may use this information to provide you customer service and maintain the products and services we provide to you. We may also analyze this information and use that analysis as a basis to advertise and promote to you other products and services that we offer. We may share this information with third parties in order for them to assist us with our marketing efforts.
  • Products or services considered, or other purchasing or consuming histories or tendencies(2). We may collect this information automatically through our HTTP server and through third party tracking services such as Google Analytics. Unless you voluntarily submit information to us or are provided with an account to login to a website provided by us, this is information is not associated with you in an identifiable way. We may use this information to provide you customer service and maintain the products and services we provide to you. We may also analyze this information and use that analysis as a basis to advertise and promote to you other products and services that we offer. We may share this information with third parties in order for them to assist us with our marketing efforts.

Internet or other electronic network activity information(2)

We may collect information such as browsing history, search history, and other information about your interaction with our websites. This information is collected automatically through our HTTP server and through third party tracking services such as Google Analytics. We may use this information to improve our website, customer service, product and service offerings, for technical troubleshooting purposes, and for general marketing efforts. Unless you voluntarily submit information to us or are provided with an account to login to a website provided by us, this is information is not associated with you in an identifiable way.

Geolocation data(2)

This information is collected automatically through our HTTP server and through third party tracking services such as Google Analytics. We may use this information to improve our website, customer service, product and service offerings, for technical troubleshooting purposes, and for general marketing efforts. Unless you voluntarily submit information to us or are provided with an account to login to a website provided by us, this is information is not associated with you in an identifiable way.

Professional or employment-related information(1) (2)

If you apply for employment with us, we may use this information in making employment decisions. Our use in employment decision making may include verifying this information with your current and former employers and asking them for further information to use in our employment decision process.

Education information(1) (2)

If you apply for employment with us, we may use this information in making employment decision. Our use in employment decision making may include verifying this information with educational institutions you have attended or are currently attending and asking them for further information about you to use in our employment decision process.


(1)You communicate this information voluntarily to us via email, web form, telephone, fax, mail, or in person at our business location.

(2)This information may be shared with or generally accessible by our web hosting company and the digital agency providing website services to us. This information is available to them solely for the purposes of supporting, maintaining, and troubleshooting our websites. Only information submitted through or collected by the website is accessible to them.

Your consumer rights under the CCPA

  • The right to know which personal information is being collected
  • The right to know if personal data is being sold or shared, and to whom
  • The right to object to the sale of personal data
  • The right to access one’s own personal information
  • The right to equal service and price, even for consumers who exercise their privacy rights

How to exercise your consumer rights under the CCPA

To request that we assist you in exercising your rights, you may contact us.

You must provide verifiable proof of identity for us to be able to fulfill your request.

Equal Opportunity Employer

We are an equal opportunity employer. We are committed to creating an inclusive environment for all employees.

We prohibit unlawful discrimination or harassment on the basis of race, color, religion, religious creed, national origin, ancestry, age, sex, sexual orientation, gender, gender identity, physical disability, mental disability, pregnancy, medical condition, genetic information, marital status, citizenship status, military status, veteran status, or any other characteristic to the extent protected by federal, state, or local laws. This policy against harassment or discrimination extends to coworkers, contractors, and vendors.

We have a strict no-retaliation policy. We prohibit retaliation against individuals who report harassment or discrimination, or who participate in investigations into such conduct. Violations of any of these policies could lead to disciplinary action.

Non-Discrimination Statement

We are committed to equal employment and volunteer opportunity without regard to age, ancestry, disability, national or ethnic origin, race, religious belief, sex, sexual orientation, gender identity, marital status, political belief, or veteran status.

This policy applies to all areas of employment and volunteer participation, including recruitment, hiring, training and development, promotion, transfer, termination, layoff, compensation, benefits, social and recreational programs, all other conditions and privileges of employment in accordance with applicable federal, state and local laws.