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Kaspersky Hosted Security Services are sold through approved Channel Partners only. To complete this form you must enter your partner's information. If you are not currently working with an approved partner, please fill out the Kaspersky Hosted Security Info Form and a sales manager will contact you shortly.

Hosted Security Service Registration Form

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Kaspersky Hosted Security Services are sold through approved Channel Partners only. To complete this form you must enter your partner's information. If you are not currently working with an approved partner, please fill out the Kaspersky Hosted Security Info Form and a sales manager will contact you shortly.

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Terms and Conditions

Kaspersky Hosted Security Services Agreement

THIS IS A LEGAL AGREEMENT. BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.

If you are entering into this Agreement on your own behalf, the term "Customer" means you. If you are entering into this Agreement on behalf of a company or other legal entity, the term "Customer" means the company or legal entity. The term "Kaspersky" means Kaspersky Lab, Inc., its affiliates and each of their successors and assigns. This Agreement, including all attachments referenced in this Agreement, which are incorporated into this Agreement, contains the entire agreement of the parties concerning its subject matter and replaces any prior or written communications between the parties concerning its subject matter.

Intending to be legally bound and having reviewed this Agreement in its entirety, Kaspersky and Customer agree as follows.

  1. Services Kaspersky will provide the services as described in Attachment A, Statement of Services, in accordance with the terms and conditions of this Agreement. Six months after the effective service start date, Kaspersky will verify the number of users for which services are being rendered. Should the number of users increase by greater than 10%, an invoice will be issued based upon the number of new users within the appropriate per user price band at the then current price list. The invoice amount will be prorated for each six months period effected throughout the contract term.
  2. Term and Termination. This Agreement will continue in effect for a term of one year and renew automatically for subsequent terms thereafter unless terminated with 30 days advance written notice (the "Term"). During the first 30 days of the initial term of this Agreement, Customer may terminate this Agreement without cause by providing Kaspersky with written notice. Either party will have the right to terminate this Agreement in the event of a material breach by the other party, unless such breach is cured within 30 days of receipt of written notice of such breach. The obligations of the parties under this Agreement that by their nature would continue beyond expiration, termination or cancellation of this Agreement will survive any such expiration, termination or cancellation. This Agreement will immediately terminate upon the commencement of any voluntary or involuntary bankruptcy or insolvency proceeding by or against Customer under any bankruptcy or similar law.
  3. Intellectual Property Rights Each party agrees that it will acquire no right, title or interest in or to the other party's information, data base rights, data, tools, processes or methods, or any copyrights, trademarks, service marks, trade secrets, patents or any other intellectual or intangible property or property rights of the other by virtue of the service provided or materials delivered pursuant to this Agreement.
  4. Representations and Warranties. Kaspersky will provide the service levels described on the Service Level Agreement attached hereto as Exhibit B. Except for the express warranties and exclusive remedies provided for by Kaspersky in such Service Level Agreement, ALL SERVICES AND DELIVERABLES PROVIDED BY KASPERSKY ARE PROVIDED "AS IS". KASPERSKY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KASPERSKY DOES NOT GUARANTEE THAT CUSTOMER'S NETWORK, COMPUTER SYSTEMS, OR ANY PORTIONS THEREOF ARE SECURE. CUSTOMER ACKNOWLEDGES THAT IMPENETRABLE SECURITY CANNOT BE ATTAINED IN REAL-WORLD ENVIRONMENTS AND THAT KASPERSKY DOES NOT GUARANTEE PROTECTION AGAINST BREACHES OF SECURITY.
  5. Limitation of Liability. To the maximum extent permitted by applicable law, neither party will be liable for any special, indirect, punitive or consequential damages of the other party or any third party, or for loss of business, profits, business interruption, or loss of data, regardless of whether such party receives notice of the potential for such damages. In no event will Kaspersky's aggregate liability for any claim or action relating to or arising out of this Agreement, regardless of the form of action (including, without limitation, contract, tort, products liability or strict liability) exceed the amounts paid to Kaspersky for the current term's service fee for the service giving rise to such claim or action by Customer. This agreement allocates risks between the parties and Kaspersky's pricing reflects this allocation of risk and the limitation of liability specified in this section.
  6. Confidential Information.
    1. For the purposes of this Agreement, the term "Confidential Information" means any information, technical data, or know-how provided by one party to the other party which the disclosing party designates as confidential (whether orally or in writing), or which, given the totality of the circumstances, a reasonable recipient would have reason to believe is proprietary, confidential, or competitively sensitive; provided, however, that the term "Confidential Information" does not include information that is (a) known to the receiving party prior to disclosure by the disclosing party or its personnel; (b) publicly available through no act or omission of the receiving party; (c) lawfully received by the receiving party from a third party that is not under any confidentiality obligation to the disclosing party; or (d) comprised of statistical information, or other aggregated information regarding security vulnerabilities, security configurations and the like, insofar as such information does not identify Customer or Customer's computer network or computer systems.
    2. Each party agrees to use Confidential Information received from the other party pursuant this Agreement solely in connection with the performance of such party's obligations under this Agreement. Each party agrees to use reasonable measures, no less stringent than those measures used by the party to protect its own confidential and proprietary information, to protect the Confidential Information of the other party from disclosure to any third party. Unless authorized to do so in writing by the other party, neither party, nor any third party acting on either's behalf, will for any reason use or disclose to any person any of the other party's Confidential Information. In the event that a party is required to disclose Confidential Information to a court or governmental agency or pursuant to any other applicable law, such party will, to the extent practicable prior to such disclosure, and as soon as practicable and by the best available means, notify the other party to allow it an adequate opportunity to object to the disclosure order or to take other actions to preserve the confidentiality of the information. Prior to any disclosure pursuant to this section, a party required to disclose Confidential Information will cooperate with the party claiming confidentiality of the information in such party's reasonable efforts to limit the disclosure by means of a protective order or a request for confidential treatment.
    3. It is understood and agreed that remedies at law for a breach of a party's obligations under this Section will be inadequate and that the non-breaching party will, in the event of any such breach, be entitled to equitable relief (including, without limitation, injunctive relief and specific performance) without any requirement to post a bond as a condition of such relief, in addition to all other remedies provided under this Agreement or available at law.
  7. Patents and Copyrights If the operation of the Services becomes, or Kaspersky believes is likely to become, the subject of a claim that it infringes a patent or copyright in the United States, Puerto Rico, or the country in which Customer is authorized to have the Services, Customer will permit Kaspersky, at its option and expense, (i) to secure the right for Customer to continue using the Services, (ii) to modify it so that it becomes non infringing, or (iii) to accept Customer's termination of the Services. Kaspersky will have no obligation with respect to any such claim based upon Customer's modification of Kaspersky Services. Kaspersky will not have any liability regarding patent or copyright infringement for non-Kaspersky Services. This Section states Kaspersky's entire obligation to Customer regarding infringement or the like.
  8. General Provisions. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement. In the event that any provision of this Agreement is determined to be invalid, unenforceable or otherwise illegal, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect. No term or condition of this Agreement will be deemed waived, and no breach will be deemed excused, unless such waiver or excuse is in writing and is executed by the party from whom such waiver or excuse is claimed. No such waiver will be deemed a waiver of any preceding or succeeding breach or right in the same or in any other provisions hereof. Section numbers and headings are used for convenience and are not to be construed as limitations of the substance of any provision. This agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions. Any legal action or proceeding with respect to this Agreement may be brought in the state or federal courts located in Suffolk County, Massachusetts, and, by execution and delivery of this Agreement, each party hereby irrevocably accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of such courts. The language for all communications regarding this Agreement will be English. With the exception of a party's obligation to make payments properly due to the other party, neither party will be deemed in default or otherwise liable under this Agreement due to its inability to perform its obligations by reason of any cause beyond that party's control. Neither this Agreement nor any right or obligation arising hereunder may be assigned (voluntarily, by operation of law, or otherwise), in whole or in part, by either party without the prior written consent of the other party, such consent not to be unreasonably withheld; provided, however, that either party will have the right, upon written notice to the other party, to assign this Agreement to any person or entity that acquires all or substantially all of such party's business or assets. This Agreement will be binding upon, and inure to the benefit of, the parties and their respective successors and permitted assigns. This Agreement states the entire understanding of the parties relating to its subject matter and supersedes all prior discussions and negotiations and may only be modified in writing signed by both parties. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same document. The parties may sign facsimile copies of this Agreement that will each be deemed originals. Any amendment of this Agreement will be in writing signed by an authorized corporate officer of each parties. Communication by electronic mail will not be construed as an effective amendment to the Agreement. Any notice or communication required to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed postage prepaid, to the intended recipient's address above or at such other address as may hereafter be furnished in writing by the intended recipient. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Kaspersky and Customer. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.

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