Terms & Conditions - Internet Clean Pipe Service

 

  1. Services
    1. In this Section, "Service" refer to the Internet Clean Pipe Service provided by StarHub Ltd (Reg. No. 199802208C) for StarHub Business Internet Customers.
  2. Definitions
    1. "Alerts" means notification via email or pager of IP Traffic Anomalies or IP Threats that, in our opinion, require immediate action by you, to mitigate or to monitor for possible defensive action.
    2. "Attack Mitigation Equipment" is the denial of service detection equipment and the data scrubbing equipment located on our premises and used in connection with the Service provided to you by us.
    3. "Attack Mitigation Capability" is the level of scrubbing capacity purchased by you from us. We will use our commercially reasonable efforts to provide adequate scrubbing or mitigation capacity to support the defined attack size.
    4. "Denial of Service Attacks" is traffic based attacks which, if not scrubbed, are likely to materially disrupt Internet access and examples of such attack types are set out in the non-exhaustive Table A below.
Attack Type Description
Spoofed Sending packets with a forged source address
Malformed Sending packets with abnormal bits or flags set
Floods Sending high rates of legitimately formed packets
Null Sending packets with no content or illegitimate protocol
Protocol Sending packets with illegitimate protocol
Fragmented Sending packets fragments that will never be completed
Brute Force Sending packets that exceed defined flow rates threshold
    1. "DDoS Attack" means a distributed denial of service attack directed towards your IP addresses connected to StarHub IP Backbone that, in our reasonable judgment, cause us to believe that your network may be compromised by being inundated with nefarious or bogus data traffic, thereby denying service to your systems connected to StarHub IP Backbone.
    2. "Internet Control Message Protocol" ("ICMP") means the TCP/IP protocol used to report network errors and to determine whether a computer is available on the network. The ping utility uses ICMP.
    3. "IP Threat" refers to data traffic across StarHub IP Backbone such as viruses, buffer overloads, DDoS attacks or other traffic, that may potentially disable, interrupt or degrade single or multiple connection(s) to StarHub IP Backbone.
    4. "IP Traffic Anomaly" refers to data traffic across StarHub IP Backbone that has a pattern or characteristic recognized by us as warranting investigation.
    5. "NetFlow Traffic Data" means a sample of your data traffic on StarHub IP Backbone used to identify and mitigate DDoS Attack(s).
    6. "Right" refers to our right to black-hole the victim IP as last resort in case the attack volume is significantly degrading the backbone network and/or exceeded the support defined attack size.
    7. "Scrubbing Device" means the equipment used by us to isolate and mitigate a DDoS Attack.
    8. "Service Portal" is the portal provided to you to monitor and mitigate a DDoS attack on your network.  You will select the IP address range designated by you for mitigation.  You are responsible for starting and stopping traffic scrubbing via commands on the portal.
    9. "StarHub IP Backbone" is defined as the StarHub-owned and operated Internet Protocol ("IP") infrastructure, identified as AS4657 and that includes certain StarHub Business Internet service points of presence.
    10. "Traffic Anomaly Detection" means our identification of Traffic Anomalies directed at a defined set of customer IP addresses on StarHub IP Backbone.
  1. Eligibility for Service
    1. In order to subscribe to the Service, you must comply with all of the following requirements:
      1. you must have an existing subscription of StarHub's Business Internet service subscription;
      2. at the time of application, you must not have any outstanding accounts with us that are due and owing to us; and
      3. do not provide standalone Service; the Service must be offered on StarHub's Business Internet Service:
        1. IP Transit (SiX);
        2. Internet Lease Line Access; or
        3. Switched Ethernet (SW-E) Internet service with us.
      4. at the time of application of the Service, you must not have any outstanding accounts with us.
    2. We do not provide standalone Service. The Service will only be offered and made available to you concurrently with StarHub's IP Transit (SiX), Internet Access or Switched Ethernet (SW-E) Service.
    3. We will provide the Service as stated in the application/order form as may be agreed by us from time to time.
    4. You must at all times provide us with such information as may be necessary or desirable for us to provide you with the Service.
    5. We will not be liable for any Service failure, interruption or performance degradation:
      1. arising from StarHub's Business Internet service; and/or
      2. arising from the local/international leased circuit connection.
    6. We may decline acceptance of your application at our discretion.
  2. Service Provision
    1. Without prejudice to paragraph 3.6 above, we reserve the right not to accept or proceed with your application if:
      1. the application/order form submitted by you is not duly completed and signed; or
      2. you fail to provide us with the information as stipulated under paragraph 3.3 above; or
      3. we determine, in our absolute discretion, that we are unable to provide the Service due to any of the reasons as stipulated in paragraph 6.5 below; or
      4. we discover that any facility or resource you are requested to provide as requested by us and under the operating conditions and specifications stipulated by us for the proper performance of the Service, or the installation, operation and maintenance of the Service, is not provided as requested.
    2. When we accept your application/order form for the Service, we will notify you of the commencement date for the provision of the Service and this date will be known as the ready for service ("RFS") date. The RFS date will be specified in our application/order form.  We reserve the right to change the RFS date without liability.
    3. If we are unable to provide the Service by the RFS date, then you may either:
      1. cancel that part of the Service which we are unable to provide by the RFS date, without being liable to pay any cancellation Charges; or
      2. accept that part of the Service which we are ready to provide, and pay for the same at our prevailing rate(s),
        and the aforesaid shall constitute your sole and exclusive remedies against us and you shall have no other claim against us for our failure to provide the Service by the RFS date. We have no further liability to provide the Service by the RFS date.
    4. If you request to defer the provision of the Service to a date after the RFS date originally agreed to by us, you will be liable to pay a reservation fee at our prevailing rate(s).
    5. If you cancel your application for the Service before the RFS date, you will be liable to pay our prevailing cancellation Charges, which shall be 100% of the recurring subscription Charges for the Minimum Period of Service; where the Minimum Period of Service is for 2 years, the cancellation Charge shall be the amount payable for the first year plus 20% of all the subscription Charges payable for the second year.
  3. Minimum Period of Service
    1. The initial Minimum Period of Service for the Service is twelve (12) continuous months (or such other period as may be stated in the application form) from the commencement date as determined in accordance with paragraph 5.1 below.  Upon the expiry of the initial Minimum Period of Service, the Service will be renewed automatically on a monthly basis unless either party gives the other party written notice of termination of at least thirty (30) days' prior to the expiry of the then current period.
    2. The computation of the Minimum Period of Service will not take into account any period of suspension or cessation of the Service. If the Service is suspended or ceased and subsequently reactivated, the Minimum Period of Service will be automatically extended by such period of suspension or cessation.
    3. If we agree to any changes to the Service as requested by you (including any upgrade to the Service) or the renewal of the Service, we shall be entitled to impose a further Minimum Period of Service commencing from the date the Service are changed or renewed.
  4. Duration of Service
    1. The Service under this Agreement will commence on the RFS date as notified by us to you in accordance with paragraph 3.2 above.
    2. This Agreement will continue until terminated according to the provisions of this Agreement.
  5. Scope of Service
    1. We will provide the Service to you in accordance with the particulars set out in the application/order form. Under no circumstances shall we be responsible if any of the particulars provided by you in the application/order form is incorrect, false and/or incomplete.
    2. You may request us to change, from time to time, the Service particulars set out in the application/order form, subject to our confirmation and payment of the prevailing administrative fee chargeable by us. In the event of such change, the subscription Charges payable and the Service particulars will be amended accordingly. For the avoidance of doubt, you will continue to be liable for the payment of such revised subscription Charges pursuant to paragraph 10.1 below.
    3. The Service is dependent on the interconnection between your network and our Network via the local/international leased circuit connection. However, the Service does not include the provision of the local/international leased circuit connection. You shall be solely responsible at your own cost and expense to procure and maintain the local/international leased circuit connection. You are also solely responsible for providing all equipment, hardware, software, telecommunications Service and power supply necessary to connect to and use the Service.
    4. Without prejudice to paragraph 7.3 above, you acknowledge and agree that unless otherwise agreed to by us in writing, we are not responsible for providing any support, whether technical or otherwise, to any of your networks which is connected to or used in conjunction with the Service.
    5. You acknowledge and agree that availability of the Service is subject to:
      1. availability of resources, including but not limited to, network availability and our area of coverage at the time at which the Service is requested or delivered;
      2. geographic and technical capacity of the Network and of our delivery systems at the time at which the Service is requested or delivered; and
      3. provisioning time for the Service. Such provisioning time will be determined by us in our discretion and may be changed by us.
    6. We reserve the right to immediately stop any ongoing mitigation initiated by you, if any, with or without notice to you, if we determine in our absolute discretion that such mitigation will or may affect the Service's infrastructure, StarHub IP Backbone and/or the Network. We will not be liable to you or any third party for the foregoing.
    7. If you have opted for and subscribed to our managed Service, you consent to us performing mitigation of the DDoS Attack with or without notice to you. Under no circumstances shall we be responsible to you and/or any third party for any losses, damages, claims or other liabilities (including but not limited to, failure, delay, disruption or interruption in service, or loss of data) which may arise from performing the mitigation and/or relating to the mitigation.
    8. We may, in our absolute discretion and without notice to you, trigger a ’blackhole' if necessary to prevent any harm or imminent harm (such as interruption, disruption, congestion, signal leakage and/or any Unauthorised Act) to the Network or the networks of third parties.
  6. Use of the Service
    1. You are responsible for ensuring your applications, equipment, hardware, software and networks meet the Service' minimum system requirements as may be determined by us from time to time, and that they are compatible and may properly function and inter-operate with the Service. We will not be liable for any Service or network failure or performance degradation resulting from the non-compliance of such requirements.
    2. You must ensure that all applications, equipment hardware, software or networks connected to or used with the Service is connected and used in accordance with:
      1. all applicable instructions, safety and security procedures applicable to the use of such applications (or as the case may be, equipment hardware, software or networks); and
      2. all instructions, notices and directions as may be determined by us from time to time.
    3. The Service may not be compatible with certain applications, equipment, hardware, software or networks. We will not be responsible for any failure, disruption or interference in the Service or such applications (or as the case may be, equipment, hardware, software or networks) which may arise from your use of the Service in conjunction with such applications (or as the case may be, equipment, hardware, software or networks).
    4. Without prejudice to paragraphs 8.1 to 8.2 above, you must obtain our prior written approval before connecting the Service to any private or public network whatsoever or making any changes to your network configuration.
    5. Any IP addresses allocated by us to you in connection with the Service will remain the sole property and you will have no right or title thereto. We reserve the right to withdraw or change any of such IP addresses at any time.
    6. We may, at any time and without any notice to you, temporarily suspend the Service for operational reasons such as repair, maintenance, upgrade or improvement of the Service or because of an emergency. We will restore the Service as soon as reasonably practicable. We may also modify the Service in order to keep pace with the prevailing demands and technological developments, at our discretion and without any notice to you. We will not be liable to you or any third party under this paragraph 8.6.
  7. Your Responsibilities
    1. In addition to paragraph 4 (Your Responsibilities) of our General Terms & Conditions, you agree that:
      1. you must provide accurate and complete particulars/information to us and such particulars/information will be set out in the application/order form;
      2. you are solely responsible for initiating mitigating any and all attacks via the Service;
      3. you are solely responsible for determining the severity of the attack and how and when to use the Service to address it;
      4. auto-trigger email alerts on detected anomalies are subjected to your internet connectivity and network condition (e.g. router processing capability, etc.)
      5. we may, at our discretion, reserves the right to implement Access Control List (ACL) filtering or blackhole the victim IP as last resort in case the attack volume is significantly degrading the backbone network;
      6. you will reasonably cooperate with us in respect of any fault investigation pertaining to the Service or DDoS attacks; and
      7. the amount of clean traffic generated (maximum up to port size) depends on the outcome of your mitigation efforts made via the Service; and we will not be liable to you or any third party under any of paragraphs 9.1.1 to 9.1.6 above.
    2. You shall cooperate with us in all aspects of the Service, including, but not limited to providing us with the name(s) of a point of contact for the Service;
    3. You shall assure that only you or your designated users will access the Service and that you and all your users shall not share tokens, users IDs or other methods for accessing the Service with individuals who are not the designated users of the tokens provided by us. You further agree to notify us of the designated user of each user ID and token provided with the Service. You shall promptly notify us of any changes to any of the designated users assigned a token and/or user ID;
    4. You shall not disclose, copy, disseminate, redistribute, or publish any portion of the Service to any other party. Reproduction of the Service in any form or by any means is forbidden without our prior written permission, including but not limited to:
      1. information storage and retrieval systems;
      2. recordings and re-transmittals over any network (including any local area network);
      3. use in any timesharing, service bureau, bulletin board or similar arrangement or public display;
      4. posting any portion of the Service to any other online service (including bulletin boards or the Internet); or
      5. sublicensing, leasing, selling, offering for sale or assigning the Service to another entity or user.
    5. You shall assure that you and your users' use of the Service will comply with written and electronic instructions for use of the Service Portal.
    6. You shall assure that only you or your designated users will access the Service and that you and your designated users shall not share the users IDs or other methods for accessing the Service with individuals who are not so authorized. You will notify us of the designated user of each user ID provided with the Service. You shall promptly notify us of any changes to any of the designated users assigned to a user ID.
    7. You shall be solely responsible for determining the configuration of and how and where to use the Service Portal views and reporting features The portal views and reporting features of the Service are intended to provide you with information that will be helpful in optimizing and otherwise managing its network and the Service purchased from us.
    8. You shall be the owner and controller of any data collected via these portal views and reporting features. You shall be acting only as a data processor to such information.
    9. You shall be responsible either for:
      1. taking all relevant procedural steps to ensure that viewing and using the portal views and reports is in compliance with applicable local laws and
      2. ensuring that the portal views and reports are not used in countries where this is not permitted.
    10. You shall cooperate with us in all aspects of the Service, including, but not limited to, providing us information regarding any changes to your network, in order to assist us in the analysis and examination of your NetFlow Traffic Data.
    11. You acknowledge and understand that if you do not fulfill your obligations or provide the necessary information as provided herein, then the Service may be degraded or we may not be able to provide the Service to you.
    12. You shall provide us with a list of customer IP addresses connected to StarHub IP Backbone that you wish to have subject to the DDoS option, and immediately notify us of any additions or deletions to such list throughout the term of this Agreement;
    13. You shall provide us with the names of three (3) customer points of contact and related contact information.
    14. You must immediately notify us of events that you become aware or suspect would cause significant traffic pattern changes in your network that is being monitored under the DDoS option.
    15. You must immediately notify us if you reasonably believe that you are under DDoS attack and you cannot initiate the mitigation via service portal due to any circumstances.
  8. Billing
    1. You are liable to pay a recurring subscription Charge for the Service, at the prevailing prescribed rate(s). You must pay the first month's recurring subscription Charge in advance. You will be billed for subsequent recurring subscription fees at monthly intervals or such intervals as may be determined by us.
    2. Billing and payment disputes that may be raised by you will be treated in accordance with our General Terms and Conditions.
  9. Additional Charges
    1. If you report a fault and either no fault is found or we determine that the fault is not due to our Network, installation or configuration, then you must:
      1. pay us a fee for the fault report at our prevailing rate; and
      2. reimburse us for all other costs (including labour and transport charges) incurred by us for attending to your request.
    2. For work or Service performed outside our normal working hours, you are required to pay us a fee at our prevailing rate(s).
    3. For expedited request of the Service (subject to our prior written approval), you are required to pay us a fee at our prevailing rate(s).
    4. If the Service requested by you is provided at greater costs than what we would normally incur, we will notify you of the additional Charges before the installation starts.
    5. Any request for relocation of the Service is subject to paragraph 7.5 above and to our absolute discretion. If we relocate any Service, you must pay us our prevailing relocation Charges.
  10. Conclusiveness of Records
    1. In the absence of fraud or manifest error, subject to paragraph 3.5 of our General Terms and Conditions, all our records relating to the Service are conclusive evidence of the accuracy, completeness and truth of all matters stated in them.
  11. Matters Beyond our Control
    1. We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer software or software malfunction, electrical power failure, faults, interruption or disruption of the Network or the networks of other Service Providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.
    2. Without prejudice to paragraph 13.1 above:
      1. we will not be liable for any delay or failure in performance of the Service under this Agreement resulting from any delay or failure of any third party (including any supplier) to deliver or provide any facilities, infrastructure, equipment or Service to us. When this happens, we will not be responsible for any interruption or disruption of the Service or if you cannot access or use the Service.
  12. Liability
    1. The Service (including but not limited to any installation or support Service) are provided on an "as is" and "as available" basis and you agree that you use the Service or rely on any Content obtained through the Service at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent allowed by law. No advice or information whether oral or written, obtained by you from us or through the Service will create any warranty not expressly set out in this Agreement. Without prejudice to the foregoing, we will not be liable for any delay or failure to provide the Service, or any interruption or degradation of the Service quality which may arise from any of the following:
      1. an act or omission of an underlying carrier, Service Provider, vendor or other third party;
      2. equipment, network or facility failure;
      3. equipment, network or facility upgrade or modification;
      4. force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and governmental actions;
      5. equipment, network or facility shortage;
      6. equipment or facility relocation;
      7. service, equipment, network or facility failure caused by the loss of power to you;
      8. any act or omission by you or any person using the Service provided to you;
      9. any third party's service, equipment, software, network or facility; or
      10. any other cause that is beyond our control, including, without limitation, a failure of or defect in any equipment, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.
    2. Without prejudice to paragraph 14.1 above, we make no warranty:
      1. that the Service will not cause any harm to your applications, equipment, hardware, software, networks or Content;
      2. as to the accuracy, reliability or quality of any Content obtained through the Service; and iii. that the Service and access to them are error free and uninterrupted or available at all times.
      3. that the Service and access to them are error free and uninterrupted or available at all times.
    3. Except as set out in this Agreement, we expressly exclude all other liability we may have to you, including all liability in contract, tort, negligence, misrepresentation, strict liability or statute. This exclusion applies for our benefit and that of other Service Providers whose networks are connected to each other or to the Network, all companies, directly or indirectly owned, wholly or partly owned or controlled by us or any of these parties, and all their officers, employees, contractors and agents or anyone else to whom we or these parties are responsible and whether it relates to anything caused by or resulting from anything any of us does or does not do or delays in doing (even if done, omitted or delayed fraudulently, willfully, recklessly, maliciously or negligently), whether or not it is contemplated or authorised by any agreement you have with us.
    4. Under no circumstances will we or any of the parties listed in paragraph 14.3 above be liable for any special, indirect, consequential or punitive damages, loss of profits, revenue, business and/or anticipated savings even if such damages, losses, costs or expenses were caused fraudulently, willfully, recklessly, maliciously or negligently.
    5. If we or any of the parties listed in paragraph 14.3 above are liable to you and we cannot, for any reason, rely on the exclusion of liability set out in paragraphs 14.3 and 14.4 above, then in no event will our liability for damages, losses, costs or expense suffered or incurred by you and anyone else (whether in contract, tort, negligence, misrepresentation, strict liability or statute or otherwise) exceed the preceding three (3) months' Charges received by us for the Service in any 12- month period.
    6. StarHub Ltd or any Affiliate may perform any of its obligations or exercise any of its rights under this Agreement by itself or through StarHub Ltd or any other Affiliate. However, any act or omission of any such other Affiliate is deemed the act or omission of the party providing the Service.
  13. Confidentiality
    1. In addition to paragraph 20 (Confidentiality) of our General Terms & Conditions, you shall not disclose to any person any information relating to the Service including but not limited to the Service ID(s) and password(s), software or equipment which are/is acquired from or provided by us or our third party supplier. This restriction will not apply to any information which is or becomes publicly available otherwise than through a breach of your obligation.
  14. Termination and Suspension of the Service
    1. Without prejudice to the rights either party may have against the other party under this Agreement for any antecedent breach of this Agreement and subject to the provisions of this paragraph 17, the Service under this Agreement or this Agreement may be terminated by either party giving at least one (1) month's written notice to the other party.
    2. If you give us notice that ends during the applicable Minimum Period of Service pursuant to paragraph 16.1 above :-
      1. you must immediately pay us the early termination Charges and, where applicable, prorated usage Charges for the Service. Early termination Charges is applied at one hundred percent (100%) of the recurring subscription fee(s) for the remainder of the Minimum Period of Service; and
      2. paragraph 16.7 below shall apply.
    3. If the Service or this Agreement are/is terminated pursuant to paragraph 16.4 or 16.5 below, you will compensate us for any damages or losses we may suffer because of the termination. Without prejudice to the foregoing, if such termination occurs during the applicable Minimum Period of Service, you are liable to pay us the sums referred to in paragraph 16.2 above.
    4. In the event of any of the following:
      1. you breach any of the terms and conditions of this Agreement or any other agreement you have with us;
      2. you become or threaten to become bankrupt or insolvent, or die;
      3. you make any arrangement or composition with or assignment for the benefit of your creditors or go into either voluntary or compulsory liquidation or a receiver, trustee, judicial manager or administrator is appointed over any of your assets;
      4. the equivalent of any of the events referred to in paragraphs 16.4.2 and 16.4.3 above under the laws of any relevant jurisdiction occurs to you;
      5. you provide incorrect, false or incomplete information to us;
      6. the requirements of any relevant regulatory authority result in us having to stop providing the Service or to provide the Service in a manner which is unacceptable to us;
      7. if you are likely to create imminent harm (such as interruption, disruption, congestion, signal leakage and any Unauthorised Act) to our Network or any third party's networks or systems or our provision of the Service, or defraud us, or are likely to create imminent harm or are abusive to our personnel; or
      8. for any reason beyond our control (including loss of any licence, way-leave or easement, requirements of any governmental or regulatory authority or orders by the court and cessation or failure to deliver by a third party supplier) we are unable to provide the Service,
        we may suspend or terminate all or any part of the Service or terminate this Agreement with 7 working days' notice (for paragraphs 16.4.1 and 16.4.5 above) or with immediate effect (for paragraphs 16.4.2, 16.4.3, 16.4.4, 16.4.6, 16.4.7 and 16.4.8 above) without compensation and without prejudice to our rights to damages for any antecedent breach by you of this Agreement. You may immediately contact our business helpdesk or our account manager to tell us why such suspension or termination should not occur. We will consider each case and where we deem appropriate, will not proceed with the suspension or termination of such account or take any other appropriate action where necessary.
    5. In the event that we suspect that you are using or allowing the Service to be used for fraud, misconduct or any other illegal or improper purpose, we will refer this to the relevant authorities without notice to you and comply with directions or guidelines issued by them without further reference to you.
    6. If and when you make good any breach or default, we may restore any suspended Service after you have paid for any reinstallation, restoration or re-connection charges and reimbursed us for our reasonable costs in suspending the Service.
    7. If the Service are terminated, all sums due, accruing due or payable to us in respect of the Service, up to the date of termination (including late payment Charges) will, upon the termination, become immediately due and payable to us.
    8. Without prejudice to paragraph 16.6 above, we reserve the right to charge you our prevailing reactivation Charges for reactivating any suspended Service. Reactivation of any Service is subject to our absolute discretion.
    9. The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.