ResponseWare Service Level Agreement

This Service Level Agreement applies to you if you have subscribed to the web-based or application-based versions of ResponseWare and your account is current.

Definitions:

Site - The ResponseWare site.

Server - The hardware used to communicate to the Internet and the location of the Site and all supporting tables.

Planned Update - Changes that need to be made to the Server or ResponseWare service that are not urgent in nature and do not materially affect the day-to-day use of the ResponseWare service. For example, a “Planned Update” may enhance the user experience, improve efficiencies, address Server needs, or possibly expand the services that are provided.

Emergency Update – Changes that need to be posted to the Site that are of an urgent nature. An “Emergency Update” will be defined as such through the collaboration of Turning Technologies’ IT department, Product Management and R&D. “Emergency Updates” include, but are not limited to, situations that have or will cause the Site to go down, security risks, and/or instability of the Server or the ResponseWare service.

Policy:

Planned Updates:

Planned Updates will typically be performed at 1:00 AM (U.S. Eastern time) on Sunday mornings. Many Planned Updates will not take more than 1 hour of down time to post. This means that the Site will be available to subscribers, in most cases, by 2:00 AM (U.S. Eastern time). However, Turning Technologies reserves the right to utilize as much time as necessary to apply any applicable changes.

Scheduled maintenance and/or resetting of the Server will typically be completed at this time.

In the interim, the Site will display a message alerting visitors to the Site of its unavailability. Subscribers trying to use the ResponseWare service in connection with any of the products supporting ResponseWare will receive a message stating "Failed to connect with Server".

Some examples of Planned Updates include, but are not limited to, the following:

Type	Examples
Scheduled maintenance	Hardware upgrades Software upgrades Backups

Emergency Updates:

In the unusual case where an Emergency Update must be performed in connection with the Server or the Site, visitors to the Site will receive a message alerting them of its unavailability. Subscribers trying to use the ResponseWare service in connection with any of the products supporting ResponseWare will receive a message "Failed to connect with Server".

As with any emergency case, the turnaround time for the Emergency Update is unpredictable. However, Turning Technologies will be committed to bringing the Site to full operation in an efficient manner.

Some examples of situations that would be in the “Emergency Update” category include, but are not limited to, the following:

Type	Examples
Failures	Hardware failure (note that faulty hardware is rare) Telecommunication failure (for example, a provider accidentally cuts a fiber line) Software bugs/flaws Monitoring/measurement system failure

There are situations that are out of the direct control of Turning Technologies and must be resolved by the subscriber and the subscriber’s service provider. Some examples of situations that would be in this category include, but are not limited to, the following:

Type	Examples
Network issues not within direct control of service provider	Backbone peering point issues (for example, a router in California goes down, denying Internet services to the entire West Coast) DNS issues not within the direct control of the service provider
Denial of service	Client negligence/willful misconduct Network floods, hacks, and attacks Acts of God, war strikes or unavailability of telecommunications

Security Statement:

Turning Technologies takes the security of any and all data very seriously and has taken this into consideration within the ResponseWare solution.  ResponseWare requires each Presenter in your organization to use a unique user name (email address) and provides a unique password that must be entered each time a Presenter logs on to use the service. Each password owner is responsible for keeping the password secret and confidential, and for notifying Turning Technologies if the password may have been stolen or might otherwise be misused.

Turning Technologies does not use "cookies" to store confidential user and session information besides the user id (email address), but instead implements more advanced security methods based on dynamic data and encoded data. For the Presenter login within TurningPoint and TurningPoint AnyWhere, we take advantage of DES encryption locally on the Presenter's system to secure the capture of the Presenter login and password.

When you access the Site using Firefox, Safari, Netscape Navigator 6.0, Microsoft Internet Explorer versions 5.5 or higher, or any other approved web browser, Secure Socket Layer (SSL) technology protects your information using both server authentication and data encryption. We use efforts to ensure your data will be completely inaccessible to anybody outside your organization and the direct Presenter.

On the ResponseWare applications (iPhone and Blackberry), when the Participant logs in, Turning Technologies encrypts the password and then uses encryption on the entire login data being passed to the server.

Participants of presentations can setup an account that will identify them to the Presenter.  Confidential user data is not stored anywhere on the Participant's device or PC. Data, as they respond to polling questions, is transmitted via a closed session communicated directly to the Presenter in a many-to-one relationship. One Participant cannot receive data from any other Participant. The Presenter transmits questions and choices in reverse through the same closed session to the Participants in a one-to-many relationship, all controlled through the session ID.

In addition, ResponseWare is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders.