Endorsed with Decree no. 1.1-1/20/26 of the General Director of Harno
on 22 September 2020
Valid since 1 August 2020
1. Acceptable Use Policy and Service Agreement
1.1. The Acceptable Use Policy (hereinafter "AUP") specifies the rights and obligations of the Parties for the use of the services of EENet of the Education and Youth Board (hereinafter "Harno") under the Service Agreement (hereinafter "Agreement").
1.2. The directive of General Director of Harno specifies the services for the provision and use of which an Agreement must be concluded, and the requirements and procedure for qualifying as the Customer of EENet of Harno.
1.3. One of the Parties of the Agreement is Harno and the other Party is the institution to which EENet of Harno provides the service (hereinafter "Customer").
1.4. The persons for whom the Customer makes the service available for use (e.g. the employees, students, members, etc. of the Customer) (hereinafter "Users") may use the service under the responsibility of the Customer according to the Agreement between Harno and the Customer.
1.5. The Agreement provides the technical specifications of the service for a specific Customer.
1.6. The general parameters of the service, the standard terms and conditions and the instructions of use are published on the website of EENet of Harno. Harno has the right to change the general parameters and the standard terms and conditions with a reasonable prior notice. The manuals are updated as necessary.
1.7. The Agreement may provide exceptions of this Policy.
2. The rights and obligations of EENet of Harno
2.1. EENet of Harno:
2.1.1. Maintains the service provided to the Customer, monitors the functioning of the service and eliminates any interference in its managed equipment that prevents the use of the service;
2.1.2. Plans the maintenance necessary for the operation of the service by informing the Customer in advance of any service interruptions due to planned work;
2.1.3. In the event of an unplanned interruption due to a technical failure or an action of a third party, informs the Customer of the reason for the interruption after the operation of the service has been restored;
2.1.4. Notifies the Customer of changes in the terms and conditions regarding the provision of the service, including the price list the of services.
2.2. EENet of Harno has the right to:
2.2.1. Restrict or suspend the provision of the service in emergency situations (malicious action against the network and information system, infected client device, the disclosure of the access data to third parties, etc.) to ensure the security of the service and/or to protect other Customers and third parties;
2.2.2. Suspend the provision of the service to the Customer in case of the breach of the Agreement, including the AUP by the Customer or its Users.
3. The rights and obligations of the Customer
3.1. The Customer has the right to use the service for legitimate activities, in particular for the main educational, research and cultural activity.
3.2. The Customer is obliged to:
3.2.1. Comply with the legislation, good practices, the Agreement and this AUP and to ensure that they are respected by its Users when using the service;
3.2.2. Ensure that the equipment of the Customer and its Users related to the use of the service are equipped with a regularly updated antivirus and other security software;
3.2.3. Immediately report to EENet of Harno of any malfunctions, disturbances and security incidents noticed during the use of the service;
3.2.4. Provide updated data about the change of contact persons and contact data during the term of the Agreement to firstname.lastname@example.org;
3.2.5. Pay for the service in accordance with the price list of EENet of Harno and comply with the payment date provided on the invoice.
3.3. The Customer is not allowed to:
3.3.1. Perform activities that directly or indirectly disturb other Users and Customers, the functioning of the data network, the operation of services;
3.3.2. Sell or rent the service provided by EENet of Harno or present it for the use by third parties.
4. Additional conditions for the provision and use of the permanent Internet connection service
4.1. EENet of Harno:
4.1.1. Manages the education and research data network within Estonia (hereinafter "Backbone Network") and its external connections to Internet, is responsible for the operation of the Backbone Network;
4.1.2. Provides the Customer with IPv4 and IPv6 addresses required for the Internet connection;
4.1.3. Is not responsible for the operation of the access channel between the Customer and the Backbone Network.
4.2. The Customer
4.2.1. Selects the provider and the administrator of the access channel leading from its location to the Backbone Network node;
4.2.2. Pays the costs associated with the establishment and use of the access channel, including the acquisition and maintenance of the end equipment, directly to the provider of the relevant service.
5.1. The Parties shall consider the information which may become available to the Parties during the performance of the Agreement regarding the access data for services, security systems, description of the security measures, details of technological solutions, confidential. Unless otherwise provided by law, the Parties are obliged not to disclose confidential information to third parties.
5.2. When access data is disclosed or suspected to be disclosed to third parties, each Party has the obligation and right to change the access passwords of the service at the earliest opportunity.
6. Contacts and claims
6.1. The Customer assigns an administrative and technical contact person to perform the Service Agreement, as well as a contact person or persons for a specific service, if applicable.
6.2. EENet of Harno shall send the claim about the failure to comply with the obligations specified in the Agreement to the contact person assigned by the Customer; the Customer shall send the claim to email@example.com.
6.3. The Parties shall not be liable to the other Party for the damage caused by the circumstances of force majeure, which may include the natural forces, the disruption of the communication lines and the malfunctioning of the equipment.
7. The entry into force, validity, amendment and termination of the Agreement
7.1. The Agreement shall enter into force upon signature and is of indeterminate duration.
7.2. In order to amend the Agreement, the Parties shall enter into a new Agreement or an Annex to the Agreement.
7.3. The Parties may terminate the Agreement or the Annex to the Agreement at any time upon agreement.
7.4. A Party has the right to cancel the Agreement or the Annex to the Agreement unilaterally at any time by giving a one month prior notice to the other Party via e-mail.
7.5. The Customer has the right to cancel the Agreement without complying with the term of the advance notice in case EENet of Harno changes this AUP, the price list or other terms and conditions regarding the provision of the service.
7.6. EENet of Harno has the right to cancel the Agreement or the Annex to the Agreement in case the provision of the relevant service is terminated by Harno.
7.7. A Party has the right to cancel the Agreement immediately and unilaterally in case the failure to comply with the obligation provided in the Agreement continues 10 days after the claim has been sent to the other Party.