Mobile Malware Detection (MMD) eContract - Service Terms
The terms in this section, called the “service terms”, apply to a group of services or a specific service within a group. The following service terms apply to the TELUS mobile malware detection service.
1.1 General Description
The mobile malware detection service provides you with information regarding malware infections and malware based attacks that could affect you or your users. The mobile malware detection service analyzes un-encrypted inbound and outbound data or traffic accessed or generated by or through your and your users’ electronic devices (including endpoints tethered to any such devices) that are connected to the TELUS wireless LTE network, and compares such data traffic against known malware signatures as it traverses the TELUS wireless LTE network. Since inbound data traffic is analyzed, malicious actions initiated from a command and control center targeting your and your user’s devices may also be detected.
This service includes access to monthly reports created by us that are made available to you through TELUS Security Portal.
Reports may also be created ‘on-demand’ through the TELUS Security Portal and may include information related to the most recent infections detected. The TELUS Security Portal allows you to opt for the delivery of automated email notifications of detected infections to one or multiple email addresses you define.
The TELUS Security Portal is provided at the following Internet address: https://mssportal.telus.com(or such other URL as advised by TELUS from time to time).
1.2 Service Elements
Malware Data Monitoring
Data traffic traversing the TELUS wireless LTE network will be monitored on a 24 hours a day - 7 days a week basis. We will record occurrences where a malware signature match is detected and retain the information in our database for reporting purposes.
We make no assurances that the mobile malware detection service will detect and report all malware infections or attacks. Among other things, compatibility of your device, network architecture, coverage or capacity, hardware and software limitations (including software errors and bugs) and network maintenance or upgrades may limit the scope and effectiveness of the mobile malware detection service.
The mobile malware detection service is limited to data traffic traversing the TELUS wireless LTE network and does not cover traffic traversing any other networks.
Mobile Malware Detection Reports
We will post mobile malware detection reports on the TELUS Security Portal covering the data traffic that has traversed the TELUS wireless LTE Network in a particular month within five (5) business days following the end of that month. Mobile malware detection reports are available in two (2) file formats (PDF and Excel).
The TELUS Security Portal also offers the option to create reports on-demand.
TELUS Security Portal
We will provide you with a user name and password in order to enable access to the mobile malware detection reports on the TELUS Security Portal. Your use of the TELUS Security Portal, your user account and your user credentials are governed by the terms and conditions posted on the TELUS Security Portal. The terms and conditions posted on the TELUS Security Portal are deemed to be incorporated into and form part of this agreement. We may suspend or terminate your access to the TELUS Security Portal or the mobile malware detection reports, or both, at any time without notice for a violation or attempted violation of the terms and conditions of the TELUS Security Portal.
The TELUS Security Portal and its content (including, but not limited to, the TELUS Security Portal’s design, text, graphics and all software and source codes connected with the TELUS Security Portal) are proprietary and are owned, controlled or licensed by or to us, and are protected by all applicable laws and rights (including but not limited to) trade mark and copyright laws, various other intellectual property rights and laws and unfair competition laws. Except as permitted under this agreement or otherwise by Canadian laws, no part of the TELUS Security Portal and its contents may be reproduced, transmitted, copied, published, republished, mirrored, uploaded, posted, displayed, encoded, translated, transmitted or distributed in any form or by any means or stored in any retrieval system of any nature in any way without our consent.
You may request that we grant TELUS Security Portal log-in credentials to select employees, contractors, officers and directors of your organization. These persons will be considered users that have been authorized by you to use the TELUS Security Portal. You are responsible and liable to us for all of these persons’ actions and omissions in their use of the TELUS Security Portal.
You will, and will cause your authorized users to:
access and use the TELUS Security Portal for the sole purpose of obtaining mobile malware detection reports;
access and use the TELUS Security Portal and mobile malware detection reports in accordance with the terms and conditions posted on the TELUS Security Portal, all applicable laws and regulations;
not use information contained in the TELUS Security Portal or mobile malware detection reports in any claims, proceedings, suits or actions against us, our suppliers or affiliates;
not attempt to access or allow anyone else to access any data, files or programs to which you have not been granted access under this agreement and if such access is obtained, you will, and will cause your authorized users to, immediately return such data, files or programs to us, without using, copying, disclosing or distributing the same;
not post, upload, publish, display, encode, reproduce, transmit or otherwise distribute and/or disseminate information or material on the TELUS Security Portal (including in any folder or file within the portal) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the rights holder;
not engage in any conduct that impersonates any person, licensed professional, business or entity; and
otherwise use the TELUS Security Portal in a way that could adversely impact the use of the TELUS Security Portal by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.
We may make improvements or changes to or suspend or discontinue any or all aspects of the TELUS Security Portal at any time without notice to you or liability.
By posting or uploading to the TELUS Security Portal (including to any folder or file within the portal) any text, comments, messages, information, data, trademarks, logos, or any other form of content or information, you warrant that you own all rights and have obtained all third party consents, permissions and licenses with respect to your all of what you uploaded and that neither you or any third party will object to our use of your what you uploaded, provided that we are in compliance with this agreement in connection with our use of your data.
We may use and disclose any information and materials received from you or collected through you or your users’ use of the TELUS Security Portal for any lawful reason or purpose. You are responsible for getting the consent of your users in connection with our use of data collected about them in accordance with applicable laws and regulations.
When providing information for the TELUS Security Portal, you agree to provide accurate and current information and to promptly update such information as necessary to ensure that it is kept accurate and complete.
We are under no obligation to monitor the TELUS Security Portal. However, you agree that we have the right to, without notice to you or liability, monitor use of the TELUS Security Portal if we believe that such activity is necessary to:
provide access to the TELUS Security Portal;
ensure adherence to or enforce this agreement and other TELUS user terms, policies or guidelines;
comply with applicable laws and regulations;
respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights; or
protect ourselves or others.
We reserve the right in our sole discretion to issue any response we consider appropriate if we become aware of any inappropriate use of the TELUS Security Portal or the mobile malware detection reports.
We assume no responsibility and will not be liable for any damages caused by malicious programs including viruses, worms or other forms of contamination or activity that may infect you or your users electronic devices or other property in connection with your or your users’ access to or use of the TELUS Security Portal or downloading mobile malware detection reports and any other materials, data, text or images from the TELUS Security Portal.
1.3 Coverage Areas and Compatibility
The mobile malware detection service is available within Canada in the areas designated in the service documentation. Such documentation is available for your review upon written request to us. The service documentation also defines the electronic devices that are compatible with the service and the types of data traffic that are excluded from monitoring by the service. TELUS’ coverage areas and the number of compatible devices supported by the mobile malware detection service depend on the availability and functionality of TELUS LTE network facilities and may change from time to time without notice to you.
1.4 Data Correlation
By subscribing for the mobile malware detection service you authorize us to correlate data traffic found to contain malware with the subscriber numbers included in your service subscription. You are responsible for getting the consent of your users in connection with such data correlation.
Additional subscriptions of the mobile malware detection service may be added to this agreement by way of an amendment hereto that contains an updated “Your Services and Summary Charges” section. Each of you and us have to sign the amendment before it becomes legally binding. The minimum term and charges that will apply to any additional subscriptions will be specified in the Your Services and Summary Charges section and the changes will be effective once the new subscriptions have been provisioned.
1.6 Customer Responsibilities
|Your and your users’ devices||You are responsible for ensuring that all subscribed devices are compatible with the services. We will calculate the charges for the mobile malware detection service based on the total number of subscribed devices regardless of their compatibility with the services.|
|TELUS Security Portal||You are responsible for all access to and use of the TELUS security portal by your authorized users, including ensuring that only authorized users are provided with log-in credentials and that the authorized users keep such log-in credentials confidential at all times. You are responsible for maintaining the confidentiality of all user names and passwords and other account identifiers. You are responsible to deactivate accounts of users that should no longer have access to the services via the TELUS Security Portal.|
|Your account and mobile malware detection reports||You are responsible for all use of your account and mobile malware detection reports provided through your account including any activities that occur under your account, whether performed by your authorized user or any other person accessing using log-in credentials or other account identifier provided by us to you. You agree to immediately notify us of unauthorized use of such log-in credentials or use inconsistent with this agreement or the terms and conditions of the TELUS Security Portal and to provide us with any requested assistance to investigate, identify, stop and prevent the misuse.|
|Authorized users||You are responsible for ensuring that all your authorized users have read, are familiar with, and agree to abide by the terms of this agreement and the terms and conditions of the TELUS Security Portal.|
You consent to and represent that you have obtained the consent of all your users for, the collection, use and disclosure by us and our agents of your users’ personal information collected in connection with provision and use of the Mobile Malware Detection Service (whether previously collected or to be collected). We will use such information solely for the purposes of providing the service in accordance with our Privacy Commitment published at https://www.telus.com/support/privacy-policy.
1.7 Use of the Service
We are providing the mobile malware detection service to you solely for your internal business use.
You will not:
resell to or share the mobile malware detection service (including mobile malware detection reports) with any other person;
provide any feature of the service to any other person;
receive a charge or benefit for the use of the service; and
use the service for any purpose other than your own internal business use and only to the extent expressly authorized hereunder.
You will use the services and the mobile malware detection reports in compliance with:
all applicable laws and regulations
TELUS’ acceptance use policy (published at com/AUP); and
You agree not to use the Mobile Malware Detection Service to interfere with the use by others of the TELUS Network or the networks of our suppliers.
1.8 TELUS Termination Right
We may cancel the mobile malware detection service at any time for any reason on 30 days’ prior written notice to you. Should we do so, you will not be liable for the payment of any service cancellation charges in connection with such cancellation.
1.9 Service Cancellation Charge
When your mobile malware detection service is cancelled prior to the expiry of the service period, for any reasons other than the one described in section 1.8 “Telus termination right” above, we calculate the service cancellation charge using the table below based on the service period you selected. The service cancellation charge is a percentage of the total fixed monthly charges remaining in the service period for the service after cancellation:
|Contracted Service Period (months)||% of fixed monthly charges for remaining service period|
|Before the end of the 12th month||100% o the remaining charges|
|13-60 months||25% of the total remaining charges|