Trinsio’s Policies

Click on one of the links below to read the corresponding policy.

Master Service Agreement

This document defines the MASTER SERVICES AGREEMENT or contract between Trinsio, at 1155 S. 800 E., Orem, UT 84097, USA, (385) 283–1800 (hereinafter referred to as “Trinsio”), and the individual or entity using or purchasing services provided by Trinsio, herein after referred to as CUSTOMER for the indicated services and is subject to the following Terms and Conditions.
SERVICES. Trinsio shall provide CUSTOMER with the services indicated on the SERVICES AGREEMENT(s) in consideration for CUSTOMER’s PAYMENT OF FEES.
SERVICE FEES, INSTALLATION FEES and SET-UP FEES. SERVICE FEES, INSTALLATION and SET-UP FEES are paid in consideration for the CUSTOMER’s use of Trinsio’s Services and do not include any unspecified services.
EFFECTIVE DATE. The EFFECTIVE DATE of the SERVICE AGREEMENT(s) shall be deemed the latter of the following: (a) the date Trinsio substantially completes the set-up, activation, or creation of the service, or (b) the date the service is ordered. The date the CUSTOMER first utilizes the service or whether or not the CUSTOMER ever uses the service shall have no bearing or effect on the EFFECTIVE DATE.
TERM. The TERM of the SERVICE AGREEMENT(s) are as specified plus any partial calendar month and commences as of the EFFECTIVE DATE. If no TERM is specified, then the contract will be considered to have a month- to-month TERM plus any partial calendar month. If no NOTICE of cancellation is given, upon the fulfillment of a TERM, the Agreement will automatically renew with either a month-to-month TERM if the SERVICE FEES are paid monthly, a three month TERM if the SERVICE FEES are paid quarterly, a six month TERM if the SERVICE FEES are paid semi-annually, or a twelve month TERM if the SERVICE FEES are paid annually.
BILLING PERIOD. CUSTOMER shall pay all fees according to the period and pricing model specified in the SERVICE AGREEMENT(s). For example, if the fees are quoted as Monthly Fees or per month then the BILLING PERIOD shall be considered monthly, if the fees are quoted as Annual Fees or per year then the BILLING PERIOD shall be considered annual, and so forth.
PAYMENT OF FEES. CUSTOMER agrees to pay all INSTALLATION and SET- UP FEES to Trinsio. CUSTOMER shall pay all SERVICE FEES to Trinsio in advance of the BILLING PERIOD on or before the first day of each BILLING PERIOD, before the close of business, during the TERM. All payments received after the first are subject to finance charges and administration fees and accounts may be, at Trinsio’s sole discretion, inactivated until payment is received. CUSTOMER authorizes Trinsio to receive payments via the indicated monthly payment mode including without limitation the charging of the CUSTOMER’s credit card or other electronic means.
CHANGE / INTERRUPTION / SUSPENSION / TERMINATION OF SERVICES. CUSTOMER is liable for all unpaid amounts due on CUSTOMER’s account, even if services are terminated or cancelled in the middle of a billing cycle. Trinsio may charge interest on unpaid balances at the rate of 1.5% per month or the maximum rate allowed by law. Trinsio may use a third-party service to collect unpaid amounts and may charge attorneys, collection, or other reasonable fees incurred to collect unpaid balances. (a) Following the completion of the TERM, CUSTOMER may terminate the SERVICE AGREEMENT(s) without penalty, upon providing Trinsio with a 30-day written NOTICE of termination. (b) Trinsio may interrupt, suspend, or terminate CUSTOMER’s Services if CUSTOMER breaches any term or condition of this Services Agreement. Trinsio will provide at least 5-day NOTICE of its intent to interrupt, suspend, or terminate CUSTOMER’s Services unless by cause of force majeure or Trinsio believes, at Trinsio’s sole discretion, such action must be taken sooner to prevent damage to Trinsio, its other customers, or affiliates.
COROLLARY SERVICES. Unless specifically indicated in the SERVICE AGREEMENT(s), corollary services, including but not limited to, technical support services, web design services, and marketing services are not included. Corollary services may be provided by Trinsio to CUSTOMER with contracts, without a contract, hourly, flat rate, or in the manner offered.
LISTS / UNSOLICITED ELECTRONIC MAIL. Use of email lists for unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Trinsio reserves the right to deactivate the CUSTOMER’s account(s) upon an indication of such activity. CUSTOMER hereby agrees to indemnify and hold harmless Trinsio from any claim resulting from the CUSTOMER’s or another party’s use of electronic mail service(s) on the CUSTOMER’s account(s).
INTERNET PRIVACY & CONFIDENTIALITY. CUSTOMER agrees to take whatever electronic or physical security measures necessary in order to preserve the sensitivity or confidentiality of information submitted via the Internet, stored within Trinsio facilities or accessible to services provided by Trinsio.
ILLEGAL / UNETHICAL / PORNOGRAPHIC USE. CUSTOMER shall use Trinsio ‘s Internet Services and the Internet in a manner wholly consistent with all applicable governing laws, rules, and regulations. CUSTOMER hereby agrees that the CUSTOMER’s use of Trinsio ‘s Internet Services will not promote, send, view, or store: pornography; obscenity; nudity; violations of privacy, copyrights, trademarks, and property; computer viruses; or anything harassing and harmful. Trinsio reserves the right to deactivate or delete without notice any Internet Services in violation of this paragraph. CUSTOMER hereby agrees to indemnify and hold harmless Trinsio from any liability resulting from the CUSTOMER’s use or abuse of Trinsio ‘s Services.
DISPUTE RESOLUTION. In the event it becomes necessary, to pursue collections, to refer any dispute to an attorney, or to resolve a dispute in a court of law, the prevailing party will be entitled to an award of any and all collections fees, reasonable attorney’s fees and costs associated with any action regardless of whether or not a suit shall actually be filed. CUSTOMER agrees to pursue legal action only in Utah County, Utah, USA.
NOTICES. All notices to Trinsio must be given in writing. Please refer to the Trinsio website (http://www.fiber.net) for additional information regarding billing and support issues. Notices regarding this MASTER SERVICE AGREEMENT or SERVICE AGREEMENT(s) should be directed to: Trinsio, 1155 S. 800 E., Orem, UT 84097 USA
CUSTOMER SHALL: a. Be solely responsible for all use of CUSTOMER’s Trinsio password, and shall notify Trinsio immediately if CUSTOMER’s password is lost, stolen, or otherwise compromised. b. Be solely responsible for all costs, including local and long-distance telecommunication service charges, required to connect to Trinsio. c. Be solely responsible for adequate and proper: data archiving, liability and property insurance, fire protection, electrical protection, cooling protection, physical, information, and network security, and systems maintenance including, but not limited to, software patches, protection against viruses, and other environmental or network related issues. d. Use Trinsio’s access service and the Internet in a manner wholly consistent with all applicable governing laws and regulations, and the acceptable-use requirements of Internet-specific media and network services.
DISCLAIMERS. Trinsio cannot control, is not responsible for, and shall not be liable to CUSTOMER for any damages or losses due to:
CUSTOMER’s inability to properly use Trinsio’s access service, or, use of or inability to use the Internet; inadequacies or failures of CUSTOMER’s hardware or software, or CUSTOMER’s inability to use or improper use of the same; interruptions, failures or other problems caused by, in whole or in part, interruptions to telecommunication services or public services, network viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines, natural disasters, weather conditions, labor dispute, court order, acts of government authorities, force-majeure, or other causes beyond Trinsio’s reasonable control; or content, inaccuracy, quality, type or volume of information data obtained from the Internet through Trinsio’s service. IN NO EVENT SHALL Trinsio OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE.
PERSONAL PROPERTY/LIABILITY INSURANCE. CUSTOMER agrees to obtain, at his own expense, a personal property policy of insurance for a limit of no less than the replacement cost of CUSTOMER’s personal property and liability policy of insurance for no less than $100,000.00 for his own personal property and content stored thereon including, without limitation, hardware, software, and data, that shall be located in any Trinsio facility. CUSTOMER agrees to indemnify and hold harmless Trinsio against any and all of the CUSTOMER losses which may occur at Trinsio’s facilities including, without limitation, losses caused by building damage, fire, natural causes, crime, or the error or negligence of Trinsio or its employees.
Trinsio OWNERSHIP OF IP ADDRESSING. Trinsio always maintains control and ownership of any and all IP numbers and addresses that maybe assigned to CUSTOMER and reserves the right, at its sole discretion, to change or remove any and all IP numbers and addresses.
ATTACHMENTS, AMMENDMENTS, and ACCEPTABLE USE POLICY (AUP). Trinsio and CUSTOMER are bound to attachments to this Internet Services Agreement. CUSTOMER acknowledges that Trinsio policies may change from time to time and CUSTOMER hereby agrees to abide by these changes and be liable for such changes as reported at https://trins.io/policies/ or in Trinsio’s AUP. The CUSTOMER’s continued use of Trinsio’s services after such changes shall constitute CUSTOMER’s acceptance of the modification to this Services Agreement.
“AS IS” SERVICES. Internet Services are provided on an “as is, as available” basis. Trinsio gives no warranty, expressed or implied, for the virtual server services provided, including, without limitation, merchantability, fitness for a particular purpose, and temporary or indefinite interruptions of service. CUSTOMER acknowledges and agrees that Trinsio is not liable for any losses due to disruption of service by Trinsio or its providers beyond the fees paid by CUSTOMER to Trinsio for Internet Services.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTANDS ALL PAGES OF AND ATTACHMENTS TO THIS MASTER SERVICE AGREEMENT and any SERVICE AGREEMENT(s) AND AGREES TO BE BOUND BY ALL ITS TERMS AND CONDITIONS, AFFIRMS THAT IT HAS FULL POWER AND AUTHORITY TO REPRESENT AND OBLIGATE THE CUSTOMER IF IT IS A BUSINESS ENTITY. CUSTOMER FURTHER AGREES THAT THIS MASTER SERVICE AGREEMENT AND SERVICE AGREEMENT(s) ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENTS BETWEEN THE CUSTOMER AND Trinsio WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT AND ALL OTHER COMMUNICATIONS BETWEEN THE CUSTOMER AND Trinsio, ORAL OR WRITTEN, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. CUSTOMERS CONTINUED USE OF THESE SERVICES IS CONSIDERED AN ACKNOWLEDGMENT AND ACCEPTANCE OF ITS TERMS AND CONDITIONS.

Acceptable Use Policy

Trinsio has developed an AUP with the following concepts in mind:

  • Promote network reliability and superior performance
  • Avoid situations that may cause TRINSIO to incur civil liability
  • Ensure the continued positive expansion of TRINSIO’s reputation
  • Promote appropriate uses of network and Internet resources
  • Preserve the privacy and security of individual users

The Acceptable Use Policy below defines the actions which TRINSIO considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to TRINSIO customers. If you are unsure whether any contemplated use or action is permitted, please send mail to support@trins.io and we will assist you.

Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by TRINSIO, or connected via the TRINSIO network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

General Conduct
  1. Customers are prohibited from transmitting on or through any of TRINSIO’s services, any material that is, in TRINSIO’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
  2. TRINSIO services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. TRINSIO reserves the right to remove such illegal material from its servers.
  3. The customer is responsible for keeping his billing data with TRINSIO up-to-date and accurate. Furnishing false data on the sign up form, contract, or on line application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
  4. The resale of TRINSIO products and services is not permitted, unless specifically permitted and documented in a written agreement.
System and Network Security
  1. Customers may not attempt to circumvent user authentication or security of any host, network, or account (“cracking”). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
  2. Customers may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
  3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
  4. Users who violate systems or network security may incur criminal or civil liability. TRINSIO will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Email
  1. Harassment, whether through language, frequency, or size of messages, is prohibited.
  2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email.
  3. Customers are explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
  4. Malicious email, including but not limited to “mailbombing” (flooding a user or site with very large or numerous pieces of email), is prohibited.
  5. Forging of header information is not permitted.
  6. TRINSIO accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
  7. These rules apply to other types of Internet-based distribution mediums as well, such as RLG’s Ariel system (a system for sending FAX-like documents over the Internet). USENET postings have their own regulations; see below.
USENET
  1. TRINSIO provides an uncensored newsfeed. As such, TRINSIO does not control the content of the newsgroups available to its customers. TRINSIO is not responsible for the content of any USENET posting, whether or not the posting was made by a TRINSIO customer.
  2. Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
  3. Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as “USENET spam”).
  4. Customers are prohibited from posting chain letters of any type.
  5. Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.
  6. Customers are prohibited from canceling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.
  7. Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
  8. A customer may not solicit mail for any other address other than that of the customer’s TRINSIO account or service, with the intent to harass or collect replies after TRINSIO service has been terminated.
IRC (Internet Relay Chat)
  1. TRINSIO is not liable for the content of any communications made on IRC.
  2. IRC robots (“bots” or “clones”) may not be run from TRINSIO shell accounts.
  3. Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
  4. Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, “flooding” (rapidly entering text with the intent to fill the screens of others), “flashing” (disrupting terminal emulation), “takeovers” (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via “ignore”), attempting to return to a channel after being banned from it, and other disruptive behaviors.
Individual Accounts (Dialup Users Only)
  1. TRINSIO dialup accounts are intended for use by an individual. Multiple logins are prohibited, except as allowed by a written agreement. Shell account users may not run programs which provide network services from their accounts, such as IRC or MUD servers.
  2. TRINSIO shell accounts are intended for interactive use. Attempts to circumvent the ‘idle daemon’ or time charges accounting, or attempts to run programs while not logged in by any method, are prohibited.
  3. TRINSIO shell accounts operate on shared resources. Customers are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs which negatively impact other system users or the performance of TRINSIO systems or networks is prohibited, and TRINSIO staff may take action to limit or terminate such programs.
  4. Password security is the responsibility of the individual user. Good passwords should be a minimum of six characters long, contain at least one number or symbol, and are not based on any dictionary word or common name. Customers may not share passwords or accounts with others.

Questions about this policy should be sent via e-mail to support@trins.io.

Reports of activity in violation of this policy may be sent in e-mail to support@trins.io.

Privacy Policy

At Trinsio, we are committed to protecting your privacy. We use the information we collect from you to provide you better service. Rest assured that we do not sell, trade, or rent your personal information to third parties. Full details of our Privacy Policy are included here for your reference.

Personal and Business Data
  • Information such as name, email address, Tax ID number, mailing address, credit card number, and expiration date is needed to process your order.
Use of Information
  • The information you provide is used to provide our services and enhance your experience with Trinsio. We use it to bill you or send notices about your account and update you on our products and services. We will also occasionally notify you of special offers from our partners.
  • Trinsio does not sell, trade, or rent your personal information to third parties.
  • We occasionally provide aggregate information regarding the use of our website to partners, but these statistics never include personally identifying information
  • Please note that if the government or law enforcement requires our customer information, we are legally obligated to release it.
Security
  • Trinsio is committed to taking reasonable steps to ensure the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
  • Your credit card security is our highest priority. Trinsio utilizes Secure Sockets Layer (SSL) encryption, an advanced encryption technology that protects the information you send us against unauthorized access. This safeguard has helped, in many cases, to make shopping on the Internet significantly safer than using your credit card at a restaurant or department store.
Cookies
  • Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Trinsio uses cookies to personalize your experience. For example, cookies allow us to recognize you when you return to our site.
  • Most web browsers are automatically set to accept cookies. To change this, or to show a warning each time a cookie request is received, please review your browser’s guidelines.
Children and Privacy
  • Trinsio has no intention of collecting personal information from children (i.e., individuals under the age of 18). If a child has provided us with personal information, Trinsio asks that a parent or guardian of the child contact Trinsio email us at service@fiber.net or call us toll-free at 1-800-305-6995 if they would like the information submitted by a child deleted from our database. Trinsio will use reasonable efforts to delete such information from its database. If you would like more information about children, privacy and the Internet, you can refer to http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm on the Federal Trade Commission’s website.
Summary
  • Trinsio is committed to protecting your privacy. The information you provide is used to provide better service with Trinsio. We use it to bill you or send notices about your account and update you on our products and services. We do not sell, trade, or rent your personal information to third parties. If you would like to discuss how we use your information, simply send us an email at support@trins.io.
Your Consent
  • By using Trinsio services, you consent to our use of your personal and non-personal data as specified above. If we decide to change our Privacy Policy, we will post those changes on this page, so you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
Concerns and Comments

You may email us with any further questions or concerns regarding this Privacy Policy at support@trins.io or call us toll-free at 1-800-305-6995. With Trinsio, we want you to feel secure in knowing that you are doing business with the right company

Trinsio Product Service Agreement

This document defines a SERVICES AGREEMENT or contract between TRINSIO, a Utah C Corporation (Trinsio as the parent company) at 1155 S 800 E, Orem, UT 84097, USA, 800-305-6995 (hereinafter referred to as “Trinsio”), and the entity using or purchasing services provided by Trinsio, herein after referred to as CUSTOMER for the indicated services and is subject to the following Terms and Conditions.

SERVICES. Trinsio shall provide CUSTOMER with the services indicated on this Services Agreement in consideration for CUSTOMER’s “PAYMENT OF FEES.” SERVICE FEES, INSTALLATION FEES and SET-UP FEES. SERVICE FEES, INSTALLATION and SET-UP FEES are paid in consideration for the CUSTOMER’s use of Trinsio’s Services indicated and do not include any unspecified services.

EFFECTIVE DATE. The EFFECTIVE DATE of this Services Agreement shall be deemed the latter of the following: (a) the date Trinsio substantially completes the set-up, activation, or creation of the CUSTOMER’s service, or (b) the date the service is ordered. The date the CUSTOMER first utilizes the service, the date the CUSTOMER signs this Services Agreement, or whether or not the CUSTOMER ever uses the service shall have no bearing or effect on the EFFECTIVE DATE.

TERM. The TERM of the AGREEMENT is defined above plus any partial calendar month and commences as of the EFFECTIVE DATE. If no TERM is specified, then the contract will be considered to have a month-to-month TERM plus any partial calendar month. If no NOTICE of cancellation is given, upon the fulfillment of a TERM, the Agreement will automatically renew with either a month-to-month TERM if the SERVICE FEES are paid monthly, a three month TERM if the SERVICE FEES are paid quarterly, a six month TERM if the SERVICE FEES are paid semi-annually, or a twelve month TERM if the SERVICE FEES are paid annually.

BILLING PERIOD. CUSTOMER shall pay all fees according to the period and pricing model specified above. For example, if the fees are quoted as Monthly Fees or per month then the BILLING PERIOD shall be considered monthly, if the fees are quoted as Annual Fees or per year then the BILLING PERIOD shall be considered annual, and so forth.

PAYMENT OF FEES. CUSTOMER agrees to pay all INSTALLATION and SET-UP FEES to Trinsio. CUSTOMER shall pay all SERVICE FEES to Trinsio in advance of the BILLING PERIOD on or before the first day of each BILLING PERIOD, before the close of business, during the TERM. All payments received after the first are subject to finance charges and administration fees and accounts may be, at Trinsio’s sole discretion, inactivated until payment is received. CUSTOMER authorizes Trinsio to receive payments via the indicated monthly payment mode including without limitation the charging of the CUSTOMER’s credit card or other electronic means.

CHANGE / INTERRUPTION / SUSPENSION / TERMINATION OF SERVICES. You are liable for all unpaid amounts due on your account, even if your Services are terminated or cancelled partway through a billing cycle. Trinsio may charge you interest on unpaid balances at the rate of 1.5% per month or the maximum rate allowed by law. Trinsio may use a third-party service to collect unpaid amounts and may charge you attorneys, collection, or other reasonable fees incurred to collect unpaid balances. (a) Following the completion of the TERM, CUSTOMER may terminate this Service Agreement without penalty, upon providing Trinsio with a 30-day written NOTICE of termination. (b) Trinsio may interrupt, suspend, or terminate CUSTOMER’s Services if CUSTOMER breaches any term or condition of this Services Agreement. Trinsio will provide at least 5-day NOTICE of its intent to interrupt, suspend, or terminate CUSTOMER’s Services unless by cause of force-majore or Trinsio believes, at Trinsio’s sole discretion, such action must be taken sooner to prevent damage to Trinsio, its other customers, or affiliates.

COROLLARY SERVICES. Unless specifically written-in hereunder as a “SPECIAL TERMS/CONDITIONS/NOTES,” corollary services such as technical support services, training services, and marketing services are not included in this Services Agreement. These corollary services may be provided by Trinsio to its CUSTOMER under contracts and for fees separate from this Services Agreement.

LISTS / UNSOLICITED ELECTRONIC MAIL. Use of email lists for unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Trinsio reserves the right to deactivate the CUSTOMER’s account(s) upon an indication of such activity. CUSTOMER hereby agrees to indemnify and hold harmless Trinsio from any claim resulting from the CUSTOMER’s or another party’s use of electronic mail service(s) on the CUSTOMER’s account(s).

INTERNET PRIVACY & CONFIDENTIALITY. CUSTOMER agrees to take whatever electronic or physical security measures necessary in order to preserve the sensitivity or confidentiality of information submitted via the Internet, stored within Trinsio facilities or accessible to services provided by Trinsio.

ILLEGAL / UNETHICAL / PORNOGRAPHIC USE. CUSTOMER shall use Trinsio ‘s Internet Services and the Internet in a manner wholly consistent with all applicable governing laws, rules, and regulations. CUSTOMER hereby agrees that the CUSTOMER’s use of Trinsio ‘s Internet Services will not promote, send, view, or store: pornography; obscenity; nudity; violations of privacy, copyrights, trademarks, and property; computer viruses; or anything harassing and harmful. Trinsio reserves the right to deactivate or delete without notice any Internet Services in violation of this paragraph. CUSTOMER hereby agrees to indemnify and hold harmless Trinsio from any liability resulting from the CUSTOMER’s use or abuse of Trinsio ‘s Internet Services.

DISPUTE RESOLUTION. In the event it becomes necessary, to pursue collections, to refer any dispute to an attorney, or to resolve a dispute in a court of law, the prevailing party will be entitled to an award of any and all collections fees, reasonable attorney’s fees and costs associated with any action regardless of whether or not a suit shall actually be filed. Customer agrees to pursue legal action only in Utah County, Utah, USA.

NOTICES. All notices to Trinsio must be given in writing. Please refer to the Trinsio website (https://www.trins.io/) for additional information regarding billing and support issues. Notices regarding this SERVICES AGREEMENT should be directed to: TRINSIO, a Utah C Corporation, 1155 S 800 E, Orem, UT 84097, USA, FAX 801-223-9937.

TOTAL BYTES TRANSFERRED. Trinsio measures the total number of data Bytes (B) transferred per month. The upload and download data are measured simultaneously and are added together for a cumulative total of Bytes (B) transferred. If CUSTOMER’s monthly Bytes transferred exceeds the level for which CUSTOMER has agreed to, CUSTOMER authorizes Trinsio to bill and CUSTOMER agrees to pay according to the terms of this AGREEMENT.

ELECTRONIC AND PHYSICAL ACCESS. All CUSTOMER access will be via electronic means only. CUSTOMER acknowledges that they will have NO physical access to any device, server, or appliance associated with this service.

MODIFICATION, CHANGES, UPGRADES. CUSTOMER acknowledges that Trinsio may, at any time and without notice, change, modify, or enhance CUSTOMER’S platform. It may be necessary for maintenance repair or otherwise to modify CUSTOMER’S platform. Any change will be to a similar or enhanced configuration.

FIREWALL, SECURITY, FILTERING. CUSTOMER acknowledges that, unless specified, Trinsio does not include, provide, maintain or otherwise deliver any security device or service with this product or service including, but not limited to: Firewalls, Security Appliances, Intrusion Detection Device, Intrusion Prevention Devices, and any Network Filtering Device.

PRIVACY & CONFIDENTIALITY. Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. Trinsio is not liable for protection or privacy of electronic mail or other information including but not limited to credit card numbers submitted on the Internet.

DISCLAIMERS. Access to the Internet via Trinsio’s local-area connection-service facility is only one of several crucial factors requisite for CUSTOMER’s successful utilization of the Internet. Trinsio cannot control, is not responsible for, and shall not be liable to CUSTOMER for any damages or losses due to: (a)CUSTOMER’s inability to properly use Trinsio’s access service, or, use of or inability to use the Internet; (b)inadequacies or failures of CUSTOMER’s hardware or software, or CUSTOMER’s inability to use or improper use of the same; (c)interruptions, failures or other problems CUSTOMER may experience with telecommunication services, or public utility services; or (d)content, inaccuracy, quality, type or volume of information data obtained from the Internet through Trinsio’s service. Trinsio disclaimes any warranty of merchantability or fitness for a particular purpose. Trinsio shall not be liable to CUSTOMER for failure to provide CUSTOMER with access to the Internet, when Trinsio is prevented from doing so, in whole or in part, by reason of an act of God, weather condition, labor dispute, court order, acts of government authorities, or other cause beyond Trinsio’s reasonable control. Trinsio and its suppliers exercise no control whatsoever over the content of the information passing through their systems. By its very nature, the Internet contains offensive or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense in using the Internet. Trinsio AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Use of any information obtained via the service is at your own risk. Trinsio and its suppliers specifically deny any responsibility for the accuracy or quality of information obtained through their services. Trinsio and its suppliers also do not guarantee continuous, uninterrupted or secure access to the Internet or to your home account. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. IN NO EVENT SHALL Trinsio OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. You shall not use the services to take any actions or make any statements that: (a) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any applicable law, statute, ordinance or regulation (including without limitation those regarding export control); (c) are defamatory, trade libelous or unlawfully threatening; (d) are pornographic or obscene; (e) violate any laws regarding unfair competition, antidiscrimination or false advertising, or (f) result in the distribution of viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. You may not use the services to distribute any bulk unsolicited e-mails or otherwise cause an excessive or disproportionate load on Trinsio or its suppliers infrastructure. You may not transfer or share your account with anyone. You may not disclose your password to any third parties. Although privacy issues are very important to Trinsio and its suppliers, given the current regulatory and technical environment you should not have an expectation of privacy in your online activities.

NO LIABILITY FOR Trinsio. CUSTOMER understands and agrees that Trinsio shall not be held liable for any reason if CUSTOMER has a breach or loss of security caused by any of the following including, but not limited to, as a result of or after Trinsio’s installation of security equipment, as a result of or after security maintenance performed, or as a result of a lack of security maintenance performed. CUSTOMER agrees to indemnify and hold harmless Trinsio for any damages or liability that may result from said breach or loss of security.

CUSTOMER RESPONSIBILITIES. Trinsio is not responsible for any damages arising from CUSTOMER’s use of Trinsio’s Internet Services or by CUSTOMER’s inability to use the Hosting services for any reason. In addition, Trinsio is not responsible for CUSTOMER’s files residing on Trinsio servers. CUSTOMER acknowledges its sole responsibility for CUSTOMER’s independent backup of data stored on Trinsio equipment and agrees to indemnify and hold harmless Trinsio for any losses or liability resulting from the loss of such data regardless of which party is at fault.

RUBRIK AIR APPLIANCE

The Rubrik Air Appliance is used solely in conjunction with a Trinsio Rubrik Replication service and is used to back up to the Trinsio Rubrik Cloud. Customer must purchase, in conjunction with this Rubrik Air Appliance, a minimum of 1TB and maximum of 10TB of the Trinsio Rubrik Replication service.

The Rubrik Air Appliance requires customer to install the Appliance and provide power, switching, firewall and appropriate networking to communicate with all required backup targets.

The customer is solely responsible to ensure that any and all data stored on the appliance is replicated to the Trinsio Rubrik Cloud. The Retention SLA Domain Policy for the Replica cannot be longer than on the Source, and the Retention SLA Domain Policy on the Source cannot be longer than the Replica. (The data on both the Replica and Source must match.)

Trinsio will assist in the initial setup of the Rubrik Air Appliance and upon request further assist in additional setup, upon customer request, via a ticket opened in the Trinsio Customer Backroom or calling the Technical Support team.

This Appliance includes replacement of parts that have failed during normal business use and will be drop-shipped to the customer’s location for replacement by the customer.

Customer must provide the “remote hands” to replace or effect repair of this Appliance. Customer must ensure or provide access to the Appliance in order to effect needed repairs. If customer is unable to provide this service, Trinsio can arrange for on-site assistance to effect the needed replacements or repairs for an extra fee.

This Appliance is owned by Trinsio Trinsio is required to pay Property Tax in various State jurisdictions for this Appliance. The Customer is liable to pay Trinsio the Property Tax due and an Administrative Fee for processing the appropriate Property Tax. Trinsio will charge and Customer must promptly pay all charges related to Property Taxes in addition to any other charges covered in this agreement.

The Appliance has a “life expectancy” of 3 years and, upon customer’s request, a new appliance will be delivered to the customer after 3 years of contracted use to replace the old appliance.

If Customer cancels this service, according to the Terms and Conditions set forth, customer must, at their expense, ship this Appliance back to Trinsio Corp, 1155 S 800 E, Orem, UT 84097 within 30 days of cancelation. The Appliance must arrive in working order.

If Customer fails to abide by the terms of this agreement, or fails to return the Appliance in working order, customer must pay an additional $3,000.00 on top of any outstanding invoicing.

Customers participating in a trial and evaluation of specified Equipment may be eligible to return Equipment. If the Equipment is returned to Company within 7 days of the completion of the Trial Period, Customer will owe nothing for the Product Trial.

Trial period is specified as Customers participating in a trial and evaluation of specified Equipment at no cost for a period of 30 days from EITHER the date the appliance arrives and is installed at the customer’s location, OR 7 days after the appliance arrives at the customer’s location, whichever date is sooner.

If the Equipment involved in the trial is NOT returned to Company within 15 days of completion of the Trial Period, Customer will automatically enter into a 12-month service term for services from the trial, and agrees to the terms of service found at www.trins.io/policies.

Equipment returned to Company must be in the same working and physical condition as it was at the time the Equipment was delivered by Company. To avoid the return being rejected, the following criteria must be met: a) Equipment must be returned in the original packaging, both inside and outside. b) All returns must be complete with all instructions, cables, warranty cards, etc., just as they were received. c) Equipment must be clean and without excessive scratches. If Equipment is not returned in satisfactory condition, Customer will be invoiced and agrees to pay the then current retail sales price of the Equipment.

Contact us if you have any questions on how to return your item to us, contact us at 385-283-1810 or email support@trins.io.

RUBRIK REPLICATION — CONSUMPTION BASED SERVICE

This service is utilized and billed on a consumption model. All data that is stored or replicated is billed based upon the maximum usage in any calendar-month period. Trinsio does not limit or impose quotas or storage limits of any kind. Customer is responsible to manage the quantity of storage used for this service. Customer data usage is measured as the logical size of the source data.

SERVICE AVAILABILITY

Trinsio will use commercially reasonable efforts to provide the following Service Availability to Backup Client Data, measured on a calendar-month basis (each, a “Goal”).

  • Network Availability: 99.99%
  • Backup Host Availability: 99.99%

Trinsio does not make a representation or warranty as to Service Availability for Backup Client Data that is not stored or managed by Trinsio under a Trinsio management plan, or hosted in a Trinsio data center.

“Service Availability” means:

  • With respect to “Network Availability”, the Monthly Uptime Percentage excluding Scheduled Maintenance during any calendar month
  • With respect to “Backup Availability”, the functioning of all Backup servers during any calendar month.

EXCLUSIONS

Loss of Service Availability caused by any of the following (each, an “Exclusion”) will be excluded from Service Availability calculations: (i) issues beyond Trinsio’s reasonable control, including, without limitation, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet availability, Client’s portion of the network, IP transit provider issues, SYN attacks, and other similar events or any Force Majeure event, or (ii) other issues addressed herein.

The Customer is responsible for integrity of Data targeted for backup by Trinsio. Trinsio backs up data “as is, where is” and will restore data in the same format in which it is backed up.

(Example: corrupted data will get backed up and restored in the same state. Backups are performed to allow customers to restore data to a “good” state, but assume that customer’s data was in a “good” state when originally backed up.)

TECHNICAL SUPPORT

Trinsio will use commercially reasonable efforts to assist Client, through Client’s authorized contacts, with setting up and configuring the Services, having access to the Services and other issues related to the Services. We may rely on contacts authorized by Client in writing in providing information, changes or technical support pursuant to the Agreement and are not required to respond to requests from others.

CUSTOM CONFIGURATION

Requests for modification to the standard configuration of the Services will be considered on a case-by-case basis. Approval of such modifications will be at Trinsio’s sole discretion. Trinsio does not guarantee any particular result from non-standard configurations nor can it be held liable in any way for Service performance changes or failures that result from non-standard configurations.

MAINTENANCE

Scheduled Maintenance

In order to maintain performance, Trinsio performs Scheduled Maintenance within its standard maintenance windows. This may require that specific Services be suspended during the maintenance period. Loss of Service Availability due to Scheduled Maintenance is not deducted in calculating Service Availability. Trinsio will use commercially reasonable efforts to notify Client in advance of any Scheduled Maintenance that may adversely affect Client’s use of the Services.

Emergency Maintenance

Trinsio may need to perform emergency maintenance, including security patch installation and hardware replacement. Trinsio will not be able to provide Client with advance notice of emergency maintenance. Loss of Service Availability due to emergency maintenance is not deducted in calculating Service Availability.

Software Updates

Customer will have 90 days of support provided by the Company from the Demo Period start date. This period is for Customer to provide all requested technical information and action such as firewall configurations, and open ports, to complete backups and replication to the Trinsio cloud. In the event that backups and replication have not been complete, Customer will incur a $250/month support fee until backup and replication is complete. Both Company and Customer will put forth their best efforts to finalize set up and replication in a timely manner.

Software updates are required periodically for maximum functionality of your Trinsio managed appliance. Company will notify Customer of updates to be installed. Company will provide a 30 day support period to work with Customer to complete updates. Customer will exercise diligence in working with Company to complete the updates within the 30 day support period. Thereafter Customer will incur a $250/month support fee until updates are installed. Both Company and Customer will put forth their best efforts to install updates in a timely manner.

COMPATIBILITY

Trinsio does not guarantee compatibility of the Services with any specific customer configuration of hardware or software. Client is encouraged to discuss any technical and compatibility issues with our technical support personnel

DATA BACK-UP, ELECTRONIC/FIREWALL SECURITY, POWER LINE/ NETWORK FLUCTUATIONS & OUTAGES AND MONITORING. Unless specified by written AGREEMENT, CUSTOMER is solely responsible for adequate and proper off site data archiving and on site system maintenance; electronic or Firewall security measures necessary to protect CUSTOMER data, intellectual property, trade secrets or any other form of information stored on its equipment; for adequate and proper power line and network surge suppression and conditioning to protect CUSTOMER’s hardware and data, and for any electronic monitoring that may notify CUSTOMER or Trinsio of critical events.

ATTACHMENTS, AMMENDMENTS, MASTER SERVICE AGREEMENT (MSA) and ACCEPTABLE USE POLICY (AUP). Trinsio and CUSTOMER are bound to attachments to this Internet Services Agreement. CUSTOMER acknowledges that Trinsio policies may change from time to time and CUSTOMER hereby agrees to abide by these changes and be liable for such changes as reported at http://www.fiber.net/policies or in Trinsio’s MSA and AUP. The CUSTOMER’s continued use of Trinsio’s services after such changes shall constitute CUSTOMER’s acceptance of the modification to this Services Agreement.

THE INDIVIDUAL SIGNING THIS SERVICES AGREEMENT, ACKNOWLEDGES THAT HE/SHE IS AT LEAST EIGHTEEN YEARS OLD, HAS READ ALL PAGES OF AND ATTACHMENTS TO THIS AGREEMENT, UNDERSTANDS IT, AND, EITHER A) AGREES TO BE PERSONALLY BOUND BY ALL ITS TERMS AND CONDITIONS AS AN INDIVIDUAL OR B) AFFIRMS THAT HE/SHE HAS FULL POWER AND AUTHORITY TO REPRESENT AND OBLIGATE THE CUSTOMER IF IT IS A BUSINESS ENTITY. THE INDIVIDUAL OR SIGNOR FURTHER AGREES THAT THIS SERVICES AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE CUSTOMER AND Trinsio WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT AND ALL OTHER COMMUNICATIONS BETWEEN THE CUSTOMER AND Trinsio, ORAL OR WRITTEN, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

This service is automatically deemed acceptable to CUSTOMER and therefore the Service Agreement is in full force and effect 30 days after installation is complete even without the signature of the CUSTOMER.

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