Innovative Data Consulting, Inc. (“InData” or “MSSP”) is a California corporation located at 25350 Magic Mountain Parkway, Suite 300, Valencia, CA 91355. The following describes InData’s Service Level Agreements and Managed Security Service Provider terms and conditions for any organization (“Customer”) using InData’s Managed Security Services (“Services”).
This InData Managed Security Services Provider Agreement (“MSSP Agreement”) is based on information provided by the Customer about their external threats and known risks. The MSSP Agreement incorporates all terms and conditions from the InData Master Services Agreement (“MSA”), which can be found at https://indataconsulting.com/mssp-tandc
MSSP AND CUSTOMER RESPONSIBILITIES
Incident Analysis & Response
InData will provide detection, investigation, escalation, and incident support for all incidents within the current supported toolset and visibility of the managed services. Task ownership underneath the function of Incident Response is outlined below using a RACI Model:
|Initial Incident Identification & Analysis||CI||RA|
|Initial Incident Investigation, Triage, and Classification||CI||RA|
|Incident Notification and Escalation||CI||RA|
|Initial Incident Mitigation & Response (Actions)||ACI||R|
|Escalated Incident Response & Investigation||RA||CI|
|Escalated Incident Forensic Analysis||RA||CI|
Investigation and Escalation
MSSP is responsible for incident detection, analysis, investigation, and escalation. It is the MSSP’s primary responsibility to ensure that security events and incidents are detected and escalated in a timely manner. The MSSP will be the focal point for organizational security issues. The MSSP will be responsible for incident analysis and investigation to determine if alerts or security events warrant incident classification. If an event is classified as an incident by MSSP staff, the MSSP will be responsible for tracking the incident with the customer through the final resolution. MSSP staff will perform incident triage to include determining scope, urgency, and potential impact, and will identify specific vulnerabilities and make recommendations to allow for remediation.
InData will investigate all initial security incidents identified in ATAP and escalate as appropriate. All events and incidents will be analyzed and investigated using standard processes and procedures. Escalations will follow established escalation paths and utilize contact information collected during onboarding project(s), as mutually agreed by the parties and documented by InData.
For incidents that are assigned to the Customer after analysis, the Customer is responsible for escalating incidents back to the MSSP that require action or analysis by the MSSP.
The MSSP will be the collection point for additional group inputs for the classification of security incidents. The potential exists for other entities to notify the MSSP of possible events. In these relatively rare cases, the MSSP will ensure outside sources of information are incorporated into established MSSP workflow procedures. As events are pulled into the MSSP Workflow, it is the MSSP’s responsibility to create and classify incidents.
As the MSSP is responsible for incident escalation and response, only the MSSP has the authority to classify events or alerts as incidents to ensure due diligence of event investigation and accountability in reporting.
Additional responsibilities of the MSSP include:
- Perform analysis on customer assets/traffic, document results noting attacker
- Produce internal reports on security activity and MSSP workload metrics to include tickets opened, events per analyst hour, and open or pending items. Additionally, reporting may be conducted to demonstrate top firing incident types, top talking sources, and destination, and various other pre-determined MSSP
- Assist in identifying the potential impact of incidents on customer systems and using available tools to assist the customer in determining if data was
- Document and track alarms (false positives and false negatives, blacklists, whitelists) within ATAP via Multi-Stage Filters, White lists, and Black
- Escalate incidents to identified customer contacts for
InData will provide reporting and metrics as mutually agreed by the parties, delivered on a monthly basis to pre-designated Customer personnel. This report will contain at a minimum, Event, Incident, and Investigation metrics as well as key performance indicators for associated technology effectiveness and analyst efficiency.
Advanced Threat Analytics Platform (“ATAP”)
InData will provide Security Event Orchestration capabilities using ATAP, including our Automated Classification Engine. This capability will provide event reduction, supervised learning, incident workflow, and incident orchestration. Task ownership underneath the function of Security Event orchestration is outlined below using a RACI Model:
|Event Storage and Retention||CI||RA|
|Filter, Feed, and Orchestration Development & Tuning||CI||RA|
|Incident Workflow & Notifications||CI||RA|
|System Maintenance, Health & Performance||I||RA|
|Reporting & Metrics Development||CI||RA|
Terms and Conditions for File Analysis Submissions
By allowing permission for the MSSP to upload unknown binaries, InData MSSP servers will either manually or automatically upload unknown binaries to a dynamic sandbox and/or static analysis services:
- Each binary and/or hash and/or file metadata, as the case may be, will be submitted to InData’s sandbox.
- The MSSP shall not be responsible for this submission or for any act or omission by any online
Terms and Conditions for Isolations
Unless the Customer opts-out, InData will isolate potentially compromised machines. InData will manually isolate the machine using the EDR or endpoint protection solution and notify the customer of the isolation via the incident write-up procedure for escalation. The machines will remain in isolation until the threat has been remediated or the customer has specifically said they accept the risk and request the MSSP to remove the isolation.
- The customer commits to identifying production impacting servers and assets that are NOT to be isolated unless the customer has given written
- The MSSP commits to isolating machines that are NOT on the unauthorized list only to prevent the spread of malicious code and lateral movement by suspected
- The MSSP will escalate all incidents that required isolation to the customer for their visibility and active feedback on the
Customers using EDR and/or endpoint protection solutions are hereby advised that the MSSP has the functionality to isolate machines on your network, that the MSSP has the ability to use this function to protect the network, and that the isolated machines will lose all connectivity to all other devices on the network.
MANAGED SECURITY SERVICES GENERAL PROVISIONS
This InData Managed Security Services General Provisions service description applies to all InData managed security services. These general provisions are in addition to the specific terms and conditions provided in the services descriptions.
Customer understands that InData’s performance of the services is dependent in part on the Customer’s compliance with the requirements. The Customer understands that it is responsible for timely delivery of the items and information listed in the following sections. Additionally, the Customer understands that it must perform the tasks, and provide access to Customer’s employees, consultants, business processes, and/or systems as contemplated herein for InData to be able to perform such services efficiently. The following list is required to ensure InData’s ability to perform the Services:
- Provide reasonable assistance to InData for performance, including helping trouble-shoot technical issues within the Customer’s environment as well as any services provided by third-parties to the Customer that may affect the delivery of the
- If applicable, provide a permanent, dedicated connection to support the Services. Customer is responsible for maintaining the functionality of the customer’s components of this dedicated
- Provide the necessary technical, license, and service information requested in the Pre-Installation Questionnaire (PIQ) prior to the commencement of
- Develop a network map detailing relevant aspects of Customer’s network architecture and delivering it to the InData team for their reference when
- Provide InData with accurate and up-to-date information including, the name, email, landline, and mobile numbers for all designated authorized Customer Points(s) of Contact (“POC(s)”). InData will also supply an accurate and up-to-date list of its POCs for Customer including name, email, landline and mobile
- Notify InData at least seventy-two (72) hours in advance of any scheduled maintenance, network or system administration activity that would affect InData’s ability to perform.
- Maintaining current maintenance and technical support contracts with Customer’s software and hardware vendors for any device monitored.
Customer Environment Failures or Non-Performance.
Customer agrees that InData will not be liable for any failure to provide the Services if such failure is caused by Customer’s failure to meet the applicable requirements for each Service. At a minimum, Customer is responsible for ensuring the following environmental failures do not negatively impact the Services:
- Service interruptions, deficiencies, degradations or delays due to any Customer supplied internet or private access whether provided by Customer or third parties engaged by Customer, or equipment when provided by Customer or third parties engaged by Customer. Failure or deficient performance of Customer-supplied power, equipment, services or systems not provided by InData.
- Customer’s election to not release a service component for testing and/or repair and to continue using the service
- Customer’s failure to adhere to InData recommended configurations on managed or unmanaged equipment that affects the
- Service interruptions, deficiencies, degradations or delays during any period when a service component is removed from Service for maintenance, replacement, or rearrangement purposes by Customers submission without a mutually agreed upon change order
- Failure to provide a suitable secure environment for on-premise devices, including, but not limited to: secure mounting/racking, appropriate cooling and air handling, premises secure from theft, loose wires bundled neatly,
Service interruptions, deficiencies, degradations or delays in Service caused by a piece of equipment, configuration, routing event or technology required to be operative in order to perform that is under the management and control of Customer.
Testing of Monitoring and Response Capabilities
Customer may test InData monitoring and response capabilities by staging simulated or actual reconnaissance activity, system or network attacks, and/or system compromises. Such activities may be initiated directly by Customer or by a contracted third party. Testing performed on newly added assets or data feeds should be communicated to InData personnel via advanced electronic or written notice to ensure InData personnel have properly onboarded new information and that all monitoring and response capabilities are working properly.
Scheduled and Emergency Maintenance
Scheduled maintenance means any maintenance that is performed during a scheduled maintenance Window or in which Customer is notified at least five days in advance. Notice of scheduled maintenance will be provided to the Customer’s Authorized Point of Contact.
Emergency maintenance means any non-scheduled, non-standard maintenance required by InData.
No statement in the section of any Services Description shall prevent
InData from conducting emergency maintenance if it is critically necessary for the integrity and security
of the Services. During such emergency maintenance, Customer’s Authorized Point of Contact will receive notification within 30 minutes of initialization of the emergency maintenance, and within 30 minutes of the completion of the emergency maintenance. InData will be relieved of its obligations under the applicable during scheduled and emergency maintenance.
Network Server Change Notifications
Customer is responsible for providing InData advanced notice regarding any network or server changes or outages to the managed services environment. In the event advanced notice cannot be provided, Customer is required to provide InData with notification of changes within seven calendar days of such network or server changes. This applies to any assets which may affect the generation of and/or transmission capability of logs, and events or other activity which is monitored by InData for Security Incidents. Unless otherwise specified in the Services Description, notification is completed by the submission or update of an inquiry ticket through the InData Customer Portal for changes that will be implemented by Customer. For changes that must be implemented by InData, Customer must submit a policy change request ticket. If Customer fails to notify InData as stated above, any Customer requested remedies due to the identified change or outage do not apply.
In the event InData declares an Internet emergency, it is InData’s objective to notify the Customer’s specified Points of Contact via e-mail within 30 minutes of emergency declaration. This notification will include an incident tracking number and the time that InData will conduct a situation briefing.
During declared Internet emergencies, InData will provide a situation briefing and summarized e-mail designed to provide information that the Customer can use to protect their organization. Situation briefings following the onset of an Internet emergency will supersede any requirements for InData to provide Customer-specific escalations for events directly related to the declared Internet emergency. During an Internet emergency, InData will communicate all other priority level incidents, which are unrelated to said emergency, via automated systems such as e-mail, pager and voice mail.
Standard escalation practices will resume upon the conclusion of the stated Internet emergency.
TERMS AND CONDITIONS FOR SOFTWARE
LIMITED LICENSE: The Customer must agree to not sell or transfer reproductions of the Service or any associated Products to third parties and to not use the Service or Products for any purpose not specifically permitted. This includes any vendor products and subscription services used to deliver the Service.
EFFECT OF EXPIRATION OR TERMINATION: The Customer must agree that promptly upon expiration or termination of the Customer Agreement, the Customer will delete all copies of the Product and all related materials. If the Customer received a CD or hard drive containing the Product, the Customer must agree to return the physical media to Partner. At software licensor’s request, the Customer must agree to certify the destruction and return of the Product and related materials.
OWNERSHIP; COPYRIGHT: The Customer must acknowledge and agree that (a) title to the Product, and patents, copyrights and all other property rights applicable thereto, will at all times remain solely and exclusively with the vendor software licensor, and the Customer will not take any action inconsistent with such title, (b) the Product is protected by United States and other applicable laws and by international treaty provisions and (c) any rights not expressly granted herein are reserved to the vendor software licensor.
OTHER RESTRICTIONS: Except as expressly permitted by this Agreement, the Customer must acknowledge and agree that the Customer may not (a) cause or permit the disclosure, copying, renting, licensing, sublicensing, leasing, dissemination or other distribution of the Product(s) in this Agreement by any means or in any form, (b) use the Product to conduct a service bureau or similar business for the benefit of third parties, or (c) modify, enhance, supplement, create derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Product to human readable form.
ULTRAHAZARDOUS ACTIVITIES: The Customer must acknowledge and agree that the Product is not designed, manufactured or intended for use in any environment in which the failure of the Product could lead to death, personal injury or severe physical or environmental damage, which uses and environments may include, but are not limited to, the design or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems or the on-line control of equipment in any hazardous environment requiring fail-safe performance. The Customer must represent and warrant that the Customer will not install or use the Product for such purposes.
DISCLAIMER OF WARRANTIES: THE CUSTOMER MUST ACKNOWLEDGE AND AGREE THAT INDATA SOFTWARE LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
EXPORT AND IMPORT COMPLIANCE: Customer must acknowledge and agree that (a) the Customer assumes the responsibility for compliance with all applicable import, export and re-export regulations, as the case may be, including but not limited to, any regulations of the Office of Export Administration of the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union; (b) the
Product will not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”), which lists of Embargoed Countries and Designated Nationals are subject to change without notice; (c) the Customer will comply strictly with all applicable laws and assume sole responsibility for obtaining licenses to import, export or re-export as may be required; and (d) the Product may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
GOVERNMENT RESTRICTED RIGHTS: Customer must acknowledge and agree that the Product is “commercial computer software” or “commercial computer software documentation”, and that absent a written agreement to the contrary, the U.S. Government’s rights with respect to such Product are limited by the terms of the Customer Agreement, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable.
THIRD-PARTY BENEFICIARY: Customer must acknowledge and agree that the vendor software licensor, and vendor software licensor’s subsidiaries, are third-party beneficiaries of the Customer Agreement with full power and authority to enforce the terms and conditions therein, and that, upon the Customer’s acceptance of the terms and conditions of the Customer Agreement, the vendor software licensor will have the right (and will be deemed to have accepted the right) to enforce the Customer Agreement against the Customer as a third party beneficiary thereof.
INDEMNIFICATION: Both parties agree to defend, indemnify, and hold harmless the other, its officers, directors, employees, agents, successors and assigns from and against any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising from or related to either’s performance of its obligations under this Agreement, including, without limitation, allegations of damage to property, personal injury or death, except to the extent attributable to the negligent or otherwise wrongful acts or omissions of the other.
WAIVER OF SUBROGATION: To the extent permitted by law, each party waives all rights against the other for recovery of damages to the extent these damages are covered by their workers’ compensation and employers’ liability general liability, property insurance, commercial umbrella/excess, cyber or other commercial liability insurance obtained by either party. Client will not hold MSSP responsible for such losses and will confirm that the client’s insurance policies referenced above provide for the waiver of subrogation included in this agreement.