Service Level Agreement

FASTSERVERS, Inc. SERVICE AGREEMENT
(Last Update: June 18, 2007).

A. WHEREAS, FastServers, Inc. provides dedicated server[s];
B. WHEREAS, Client desires FastServers, Inc. to provide dedicated server[s];
C. WHEREAS, Client agrees to Acceptable Usage Policy located on http://www.fastservers.net/support-billing/acceptable-usage-policy.html 
D. WHEREAS, Client agrees to End User Content Policy available online at : http://www.fastservers.net/support-billing/end-user-content-policy.html 

NOW THEREFORE, the parties agree as follows:

FastServers, Inc. SERVICE LEVEL AGREEMENT

This FastServers, Inc. Service Level Agreement ("SLA") applies to all dedicated servers. The Client agrees that FastServers, Inc. internal measurements establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify FastServers, Inc. and FastServers, Inc. and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits.
FastServers, Inc. may amend this SLA at any time. Updated copies of the SLA will be located at http://www.fastservers.net./support-billing/ 

1. Definitions.

1.1 DEFCON 5 (Unmanaged)

("Standard Network Based Security") is defined as the overall core network security that FastServers, Inc. provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server based security, firewalling, DDOS/Attack protection on the server level, or Anti-Virus/Spyware based protection.

("Hard/Soft Manual Reboots in 10 Minutes or less") is defined as your request being processed in 10 minutes or less for server reboot requests. The FastServers, Inc. Support team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 10-minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. The best effort is made to expedite server reboots as quickly as possible.

("Online Bandwidth Monitoring Tool") is defined as the real-time RTG graphs provided for you to review bandwidth usage. FastServers, Inc. charges bandwidth on a per-GB basis, and bandwidth utilization details are provided via https://pentagon.fastservers.net: it is your responsibility to view and make adjustments when necessary. In the event that over utilization occurs your account will be billed $2.00 per GB.

("24/7/365 Technical Support") is defined as having direct access to our technical support team 24 hours a Day, 7 Days a week, 365 days a year. Support is provided via toll free number and/or ticket system. All support provided beyond hardware issues and server reboots is considered Advanced/Priority Support and is billable.

("No monitoring/recovery included") is defined as FastServers, Inc. not providing the monitoring of uptime or failed services. In the event of a server failure customer will initiate contact with FastServers, Inc. and provide the procedure to perform. Recovery of server may be billable and is dependant on the nature of the required procedure(s).

("Self Maintained root/administrator access to server") is defined as you maintaining root/administrative access on the server. It is not required on DEFCON 5 that you allow FastServers constant access to your server.

1.2 DEFCON 4 (Self Managed)

("Monitoring and Server Recovery for One Service") is defined as port based monitoring on your server for one service/daemon. Server Port Monitoring is performed every five minutes and a failure is defined as soon as the monitor trips to a fail state the first time. In the event of a failure if no communication is made with the Technical Support Department the recovery procedures (QRR) you have outlined will be performed. It is the responsibility of server owner to define the action to perform in the event of a service failure.

("Standard Network Based Security") is defined as the overall core network security that FastServers, Inc. provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus or Spyware based protection.

("24/7/365 Technical Support") is defined as having direct access to our technical support team 24 hours a Day, 7 Days a week, 365 days a year. Support is provided via toll free number and ticket system. All support provided is free of charge pending the server task that is being requested takes less than 15 Minutes. All requests that take greater than 15 minutes are considered a portion of your pre-paid support or charged at $50 per 30 minutes. All billable tasks performed require prior approval from client with proper authentication. Regular response times are defined as 24 hours or less.

("Hard/Soft Manual Reboots in 10 Minutes or less") is defined as your request being processed in 10 minutes or less for server reboots. The FastServers, Inc. Support team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating system stability. The 10 minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. Best effort is made to expedite server reboots as quickly as possible.

("Online Bandwidth Monitoring Tool") is defined as the real-time RTG graphs provided for you to review bandwidth usage. FastServers, Inc. charges bandwidth on a per GB basis, and bandwidth utilization data is provided via https://pentagon.fastservers.net: it is your responsibility to view and make account adjustments when necessary. In the event that over utilization takes place your account will be billed at $2.00 per additional GB.

("On-Demand O/S updates and patches") is defined as a customer initiated request for O/S updates and patches. Requests are accepted for standard kernel upgrades, service packs, and hot fixes as they are released by vendors. All updates and patches for a server are specific to the core operating system in question.

("15 minute or Less Standard Technical Support") is defined as the "FREE" support provided with your dedicated server solution. In the event that tasks are projected in taking longer than 15 minutes they are considered part of our pre-paid support or charged at $50 per 30 minutes. All billable tasks performed require prior approval from client with proper authentication.

("On-Demand Server Audit (OSSHA)") is defined as a customer initiated request of an audit of the server. Server Audits are comprised of standard tools and basic security scans to review and look for abnormalities on the server. This service does not include the repair, but can include OS patches and upgrades if it is determined this will correct or enhance the security and/or efficiency of the server. (One Per Month, Per Request)

("Shared root/administrator access to server") is defined as you maintaining root/administrator access on the server. To participate in this level of DEFCON it is required that FastServers maintains on file root/administer access. Failure to maintain updated records on root/administrator access to servers can and will result in downgrade in service.   FastServers, Inc. reserves the right to permanently downgrade  if multiple violations occur.  

1.3 DEFCON 3 (Semi-Managed)

("Server Port Monitoring") is defined as the dedicated server participation in the monitoring of services via standard TCP/IP ports. Server Port Monitoring is performed every five minutes and a failure is defined immediately after the monitor trips to a fail state for the first time. In the event of a failure if no communication is made with the Technical Support Department the procedures you have outlined (QRR) will be performed. It is the responsibility of server owner to define the action to perform in the event of a failure. This service includes up to four specific Port/Services/Daemons for monitoring.

("Standard Network Based Security") is defined as the overall core network security that FastServers, Inc. provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server-based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus/Spyware based protection.

("24/7/365 Technical Support") is defined as having direct access to our technical support team 24 hours a Day, 7 Days a Week, 365 Days a year. All support provided is free of charge pending the server task that is being requested takes less than 15 Minutes. FastServers, Inc. provides a two-hour or less response time guarantee on all support requests. All support requests that take greater than 15 minutes are considered a portion of your advanced support hours. If these hours exceed your monthly allocation, additional advanced support is billed at $100.00 per hour with a $50.00 minimum charge for 30 minutes. All billable tasks performed require prior approval from client with proper authentication.

("Hard/Soft Manual Reboots in 10 Minutes or less") is defined as your request being processed in 10 minutes or less for server reboot requests. The FastServers Support Team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 10-minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. Best effort is made to expedite server reboots as quickly as possible.

("Auto O/S updates and patches") is defined as automatic operating system updates and patches as part of our routine procedures. This will be a part of a semi-consistent maintenance period that takes place on a regular basis. As new kernels, security patches, service packs, and hot fixes are released the servers will be updated automatically. Prior notification of updates is provided when they occur, if necessary, as defined by a customer’s unique environment standards.

("Online Bandwidth Monitoring Tool") is defined as the real-time RTG graphs provided for you to review bandwidth usage. FastServers, Inc. charges bandwidth on a per GB basis, and bandwidth utilization is provided via https://pentagon.fastservers.net: it is your responsibility to view and make account adjustments when necessary. In the event that over utilization occurs your account will be billed $2.00 per GB.

("On-Demand Vulnerability Assessments") is a customer initiated request for an in depth security audit of a server. These assessments include deep scans, intrusion detection, reviews of logs files, root check kits, and utilize a set of tools developed by our Level 3 Administrators. Upon completion customer will receive a report, along with suggestion on how to increase security on the server.

("Resource Monitoring") is defined as the addition of the dedicated server to our application based monitoring system. The monitoring application will monitor the overall disk space, processor utilization, and memory usage with notification when thresholds are exceeded. This service is customized on a per server basis and requires the submission of a "Monitoring Configuration/Recovery Procedures" template.

("Advanced Support") is defined as advanced technical support for dedicated servers. This support can be used for any number of support services and includes server troubleshooting, software configuration, OS configuration, OS reinstalls, and any task that does not fall under the "free support" provided with the server. For various levels of DEFCON Management an allotted amount of time is provided.
(DEFCON 3: One Hour Per Month)

("On-Demand Server Health Check (OSSHA)") is defined as a customer initiated request to review the overall health of the server. This can and may include review of memory usage, processor usage, disk space, and general configuration of the server. Server Health Checks allow a seasoned engineer to review the overall health of the machine and provides you with a professional evaluation and recommendations (if any) for improving your server’s health & efficiency.

("Shared root/administrator access to server") is defined as you maintaining root/administrator access on the server. To participate in this level of DEFCON, it is required that we maintain on file root/administer access. Failure to maintain updated records on root/administrator access to servers can and will result in downgrade in service.   FastServers, Inc. reserves the right to permanently downgrade  if multiple violations occur.  

1.4 DEFCON 2

("Server Port Monitoring") is defined as the dedicated server participation in the monitoring of services via standard TCP/IP ports. Server Port Monitoring is performed every five minutes and a failure is defined immediately after the monitor trips for the first time. In the event of a failure if no communication is made with the Technical Support Department the procedures (QRR) you have outlined will be performed. It is the responsibility of server owner to define the action to perform in the event of a failure. This service includes up to six specified Port/Services/Daemons that can be monitored in this fashion.

("Standard Network Based Security") is defined as the overall core network security that FastServers, Inc. provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server-based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus or Anti-Spyware based protection.

("24/7/365 Technical Support") is defined as having direct access to our technical support team 24 hours a Day, 7 Days a Week, 365 Days a year. All support provided is free of charge pending the server task that is being requested takes less than 15 Minutes. FastServers, Inc. provides a two-hour or less response time guarantee on all support requests. All support requests that take greater than 15 minutes are considered a portion of your advanced support hours. If these hours exceed your monthly allocation, additional advanced support is billed at $100.00 per hour with a $50.00 minimum charge. All billable tasks performed require prior approval from client with proper authentication.

("Hard/Soft Manual Reboots in 10 Minutes or less") is defined as your request being processed in 10 minutes or less for server reboot requests. The FastServers, Inc. Support Team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 10 minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. Best effort is made to expedite server reboots as quickly as possible.

("Host Based IDS") is defined as Intrusion Detection Systems that are used to sniff out network packets giving you a good understanding of what is really happening on a server. IDS have the capability of distinguishing different types of network traffic on the same port number. IDS have the ability to drop malicious packets that may cause your network harm. Customers using Windows 2000/2003 will be provided with an installed copy of Black ICE Defender and customers using Linux will be provided with PortSentry and/or APF/BFD.

("Online Bandwidth Monitoring Tool") is defined as the real-time RTG graphs provided for you to review bandwidth usage. FastServers, Inc. charges bandwidth on a per GB basis, with bandwidth utilization details being provided via https://pentagon.fastservers.net: it is your responsibility to view and make account adjustments when necessary. In the event that over utilization takes place your account will be billed $2.00 per GB.

("Auto O/S updates and patches") is defined as automatic operating system updates and patches as part of our routine procedures. This will be a part of a periodic maintenance period that takes place on a regular basis. As new kernels, security patches, service packs, and hot fixes are released the servers will be updated automatically. Notification of updates is provided when they occur, with prior notifications being dispatched in applicable situations.

("Resource Monitoring") is defined as the addition of the dedicated server to our application based monitoring system. The monitoring application will monitor the overall disk space, processor utilization, and memory usage with notification when thresholds are exceeded. This service is customized on a per server basis and requires the submission of a "Monitoring Configuration/Recovery Procedures" template.

("On-Demand Server Health Check (OSSHA)") is defined as a customer initiated request to review the overall health of the server. This can and may include review of memory usage, processor usage, disk space, and general configuration of the server. Server Health Checks allow a seasoned engineer to review the overall health of the server and provides you with a professional evaluation and recommendations (if any) for improving your server’s health and efficiency.

("Advanced Support") is defined as advanced technical support for dedicated servers. This support can be used for any number of support services and includes server troubleshooting, software configuration, OS configuration, OS reinstalls, and any task that does not fall under the "free support" provided with the server. For various levels of DEFCONS an allotted amount of time is provided. (DEFCON 2: Two Hours Per Month)

("Server Anti-Virus Protection") is defined as file based anti-virus software that will be installed on the server to protect your server from malicious viruses. Virus definitions will be updated regularly and a full scan of the server will take place on a consistent basis. Customer will be provided alerts to any viruses that are found and quarantined/eradicated, if requested.

("Shared root/administrator access to server") is defined as you maintaining root/administrator access on the server. To participate in this level of DEFCON, it is required that FastServers is constantly informed of current access detail. Failure to maintain updated records on root/administrator access to servers can and will result in downgrade in service.   FastServers, Inc. reserves the right to permanently downgrade  if multiple violations occur.  

1.5 DEFCON 1 (Fully Managed)
("Server Port Monitoring") is defined as the dedicated server participation in the monitoring of services via standard TCP/IP ports. Server Port Monitoring is performed every five minutes and a failure is defined immediately after a monitor trips for the first time. In the event of a failure if no communication is made with the Technical Support Department the procedures you have outlined will be performed. It is the responsibility of server owner to define the action to perform (QRR) in the event of a failure. This service includes up to eight Port/Services/Daemons that can be monitored in this fashion.

("Standard Network Based Security") is defined as the overall core network security that FastServers, Inc. provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server-based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus/Spyware based protection.

("24/7/365 Technical Support") is defined as having direct access to our technical support team 24 hours a Day, 7 Days a Week, 365 Days a year. All support provided is free of charge pending the server task that is being requested takes less than 15 Minutes. FastServers, Inc. provides a two-hour or less response time guarantee on all support requests. All support requests that take greater than 15 minutes are considered a portion of your advanced support hours. If these hours exceed your monthly allocation, additional advanced support is billed at $100.00 per hour with a $50.00 minimum charge. All billable tasks performed require prior approval from client with proper authentication.

("Hard/Soft Manual Reboots in 10 Minutes or less") is defined as your request being processed in 10 minutes or less for server reboot requests. The FastServers, Inc. Support Team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 10-minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. Best effort is made to expedite server reboots as quickly as possible.

("Host Based IDS") is defined as Intrusion Detection Systems that are used to sniff out network packets giving you a good understanding of what is really happening on a server. IDS have the capability of distinguishing different types of network traffic on the same port number. IDS have the ability to drop malicious packets that may cause your network harm. Customers using Windows 2000/2003 will be provided with an installed copy of Black ICE Defender and customers using Linux will be provided with PortSentry and/or APF/BFD.

("Auto O/S updates and patches") is defined as automatic operating system updates and patches as part of our routine procedures. This will be a part of a continuous maintenance period of updates that take place on a regularly. As new kernels, security patches, service packs, and hot fixes are released the servers will be updated automatically. Notification of updates is provided when they occur, and prior-notifications are dispatched whenever applicable.

("Online Bandwidth Monitoring Tool") is defined as the real-time RTG graphs provided for you to review bandwidth usage. FastServers, Inc. charges bandwidth on a per GB basis, while bandwidth utilization data is provided via https://pentagon.fastservers.net: it is your responsibility to view and make account adjustments when necessary. In the event that over utilization occurs, your account will be billed $2.00 per GB.

("Resource Monitoring") is defined as the addition of the dedicated server to our application based monitoring system. The monitoring application will monitor the overall disk space, processor utilization, and memory usage with notification when thresholds are exceeded. This service is customized on a per server basis and requires the submission of a "Monitoring Configuration/Procedure" template.

("On-Demand Server Health Check (OSSHA)") is defined as a customer initiated request to review the overall health of the server. This can and may include review of memory usage, processor usage, disk space, and general configuration of the server. Server Health Checks allow a seasoned engineer to review the overall health of the server and provides you with a professional evaluation and recommendations (if any) for improving your server’s health & efficiency.

("Advanced Support") is defined as advanced technical support for dedicated servers. This support can be used for any number of support services and includes server troubleshooting, software configuration, OS configuration, OS reinstalls, and any task that does not fall under the "free support" provided with the server. For various levels of DEFCONS a particular amount of time is provided.
(Five Hours Per Month)

("Server Anti-Virus Protection") is defined as file based anti-virus software that will be installed on the server to protect your server from malicious viruses. Virus definitions will be updated on a regular basis as well as a full scan of the server in question. Customer will be provided alerts to any viruses that are found and quarantined/eradicated, if requested.

("Hardware Based Firewall Protection") is defined as the inclusion of a hardware based firewall for protecting your server. Firewalls increase security and, when properly configured, will prevent certain disasters from occurring. With this service our administrators will configure and maintain a firewalled routing perimeter for the server in question. This service is per request at the time of a DEFCON 1 profile being ordered.

("No root/administrator access to server") is defined as not having direct root/admin access to the server. In the majority of DEFCON 1 cases you will be provided with a 2nd Tier (Reseller) login for the creation of accounts and basic environment management. All sys admin-level procedures will be handled by the FastServers, Inc. Support Staff.

1.1.3 Co-Location Services ("Co-Location Services") is defined as servers that are property of the Clients while rackspace, bandwidth, and Ethernet ports are rented from FastServers, Inc. on a monthly basis. All services performed on the server come without warranty or guarantee. Client is responsible for supplying replacement parts, hot swappable hardware, and all required software media. All services performed on the co-located servers are subject to a $100.00 an hour labor fee, which must be approved by the customer in question before said services are provided. Co-Location Clients that utilize FastServers, Inc. have an option to participate in DEFCON Management Services, as detailed above. This is subject to the approval of a FastServers, Inc. (Level 3) System Administrator and will incur an additional monthly fee.

1.2. FastServers.Net Network ("FastServers.Net Network") is defined as the equipment, software, and facilities within the FastServers, Inc. critical network segments, including FastServers, Inc. contracted connectivity services to which the FastServers, Inc. hosting environments are connected and are collectively utilized by FastServers, Inc. to provide dedicated and co-location services.

1.3. Service Availability ("Service Availability") is the total time in a calendar month that the FastServers critical network segments are available through the Internet, provided that Client has established connectivity. FastServers, Inc. takes responsibility for the Service Availability within its immediate routing perimeters, and cannot be held liable for problems directly related to an upstream bandwidth provider. The FastServers, Inc. critical hosting environments will be available to clients free of complete (minor latency notwithstanding) environment-wide outages for 100% of the time in any given month.

1.4. Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section 1.3, provided the interruption is determined to have been caused by a problem in the immediate FastServers, Inc. network segment as confirmed by FastServers, Inc.. Service Downtime is measured as the total length of time of the unplanned interruption (complete network outage) in Service Availability during a calendar month. FastServers, Inc. provides direct support and expertise in any software it directly provides, while any unplanned outages due to third-party software failure are the direct responsibility of the software publisher/third-party provider, not FastServers, Inc.

1.5. Scheduled Service Downtime ("Scheduled Service Downtime") is any FastServers, Inc. interruption of Services. Scheduled Service Downtime occurs during a FastServers, Inc. standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Said downtime is coordinated with the Client to the best of FastServers, Inc. abilities as to align the window of maintenance with the Client's explicit wishes.

1.6. Performance Credit ("Performance Credit") occurs when 100% uptime is not met. FastServers, Inc. will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

1.7 Monitoring Service ("Monitoring Service") is the service FastServers, Inc. provides in order to analyze availability of TCP/IP based services and applications through its internal monitoring system. To participate in this, FastServers, Inc. must have valid, administrative access to repair the server in the event of a service or operating system failure.

1.8 Billable System Administration (" Billable System Administration") is operation, configuration, performance tuning, security configurations, and any interaction with the operating system or software installed on the server in question that is not already provided within the DEFCON Management plan of the server in question.

2. Service Downtime Performance Credit.

2.1. In the event of Service Downtime in which monthly Service Availability is less than 100%, Client will receive a Performance Credit as described in section 1.6 of this document.

3. Service Exclusions.

3.0.1 This SLA does not cover Service Downtime caused by problems in the following:

• Client's local area network.
• Client-provided Internet connectivity or end-user software.
• Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
• Any predetermined Scheduled Service Downtime.
• Any problems beyond the immediate FastServers, Inc. network segment.

Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following:

• Inaccurate configuration.
• Non-compliant use of any software installed on the server.
• Client initiated server over-utilization.
• Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
• Problems associated with Operating System, Software, or Applications.

3.0.2  Billable System Administration which applies to any "advanced support" not covered under the given DEFCON Management Services and defined in section 1.8 includes the following.   DEFCON 3, DEFCON 2, and DEFCON 1 have an specified amount of "advanced hours" that are included.   In the event these are exceeded billable system administrations will apply, based on approval from client.
System Administration of the client's server.
Software installations performed by FastServers, Inc.
Virus and Security Scans of the server.
Configuration of the operating system, services provided on the server.
Security auditing and resource management & efficiency of the server.

Server Hardware for Dedicated Servers

4.01 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

4.0.2 Hardware Replacement Guarantees and service levels are defined as applying to servers less than 24 months in production and apply to only the Dell PowerEdge line of servers. Two Hour Hardware Replacement is only available to specific Dell Platforms at our Midwest Datacenter and does not apply to servers located in Fremont, California.

4.0.3 Hardware Replacement will occur within two hours of the reported problem, FastServers, Inc. will refund 5% of the monthly fee per additional one hours of down time (up to 100% of customer's monthly fee).

4.04 Restoration is defined as returning the server to its original configuration, as per the date the server first went live on the network. If hardware failure causes corrupted operating system, data files, or damaged service configurations, FastServers, Inc. will restore the system to its original state however possible.

4.05 FastServers, Inc. is not responsible for the restoration of data to server. If hardware failure is experienced and subsequent data loss occurs, client is ultimately responsible for data restoration. FastServers, Inc. shall not be liable for loss of data under any circumstances.

4.06 FastServers, Inc. does not take responsibility for the overall security of servers. If servers are compromised in any way, FastServers, Inc. reserves the right to immediately audit the server. Our medium to upper-tier dedicated service plans receive monthly security auditing, per request, as part of our overall DEFCON managed services program but security is the responsibility of the client. FastServers, Inc. reserves the right to cancel service if servers are compromised via the implementation of weak password schemes, elderly backend application content and scripting, or via other blatant disregard to simple security measures. A fee of $100.00 per hour will be incurred in respect to any security related work performed due to any such server being compromised by negligence on the part of the server owner.

Terms of Service

Cancellations:
Requests for cancellation must be submitted online through your Pentagon account at https://penatgon.fastservers.net using the “Online Service Cancellation” tool.

Payment:
Establishment of this service is dependant upon receipt by FastServers, Inc. of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, wire transfer, check, or money order. Customers are responsible for any additional transaction fees that coincide with any payment methods. Checks, money orders, and wire transfers should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by FastServers, Inc. in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customer’s services or their entire account with The Company.

Payment for services must be received by The Company prior to the end of the five day grace period allowed for services.

If a check is returned for any reason, the account will be assessed a $25 service charge. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. CST the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. OR copy and past this:

Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for any reason including non payment, abuse, or requested cancellation is subject to a $100.00 reconnect charge. If a check is returned for any reason, the account will be assessed a $25.00 service fee. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. CST the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. Accounts that are not collectable by FastServers.Net will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50.00 nor more than $150.00. If you desire to cancel your account, please use https://pentagon.fastservers.net.

Invoicing:
FastServers, Inc. does not utilize paper or hard-copy invoices. All invoices are sent via email. Clients that normally pay via check, money order, or wire transfer will have their invoices emailed, by default, 15 days prior to the invoice due date. Client can request these invoices to be sent prior to 15 days, but no more then 30 days, from the invoice due date.

Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for any reason including nonpayment, abuse, or requested cancellation is subject to a $100.00 reconnect charge. Accounts that are not collectable by FastServers, Inc. will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please use https://pentagon.fastservers.net.

Refund and Disputes: All payments after the initial 30 days of service to FastServers, Inc., Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in FastServers, Inc.'s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay FastServers, Inc. an "Administrative Fee" of not less than $50 and not more than $150. Subscription PayPal payments that are not cancelled at the time of your FastServers cancellation will be refunded less any fees and the subscription payment will be cancelled by the Company.

Failure to Pay: The Company may deny service or terminate the Agreement upon the failure of the Client to pay charges when due. The Company provides the Client with a 10 day grace period for payment on most services. A service will be interrupted or deactivated on outstanding accounts that reach 10 days past the due date. The Company does reserve the right to deactivate or terminate a service prior to the end of the 10 day grace period.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid via check including eCheck have cleared.

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss, or injury.

Support Boundaries: FastServers, Inc., provides 24/7 technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: FastServers, Inc. provides support related to your server and the basic operating system and critical service functions within. FastServers, Inc. does not offer tech support for application specific issues such as cgi/php/asp/perl programming, html or any other similar such issue. FastServers, Inc. does not provide technical support for YOUR Clients. Any request of technical support warrants the possibility of being charged a system administration fee if the request falls outside our defined ranges of support.

SPAM and Unsolicited Commercial Email (UCE): FastServers, Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of FastServers, Inc. may not use or permit others to use our network to transact in UCE. Clients of FastServers, Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service
Violation of FastServers, Inc.'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, FastServers, Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, FastServers, Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, FastServers, Inc. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, FastServers, Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. FastServers, Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that FastServers, Inc. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your FastServers.Net dedicated server.
As our Clients are ultimately responsible for the actions of their clients over the FastServers, Inc. network, it is advisable that Clients develop a similar, or stricter, policy for THEIR clients, as to avoid End-User Content Policy (EUCP) Violations.
Network

IP Address Ownership: If FastServers, Inc. assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to FastServers, Inc., and Customer shall have no right to use that Internet Protocol address except as permitted by FastServers, Inc. in its sole discretion in connection with the Services, during the term of this Agreement. FastServers, Inc. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by FastServers, Inc., and FastServers, Inc. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth Usage: Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the FastServers, Inc. website. FastServers, Inc. will monitor Customer's bandwidth via RTG. FastServers, Inc. shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in FastServers, Inc.'s sole and absolute discretion. If FastServers, Inc. takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, FastServers, Inc. may, at its sole discretion, collect a deposit, in an amount determined by FastServers, Inc., against customer's credit card on file with FastServers, Inc..

System and Network Security: Users are prohibited from violating or attempting to violate the security of the FastServers, Inc. Network. Violations of system or network security may result in civil or criminal liability. FastServers, Inc. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "exploiting vulnerabilities"
• Forging any TCP/IP packet header in a transmission and/or any part of the header information in any e-mail-based or newsgroup posting
• Taking any action in order to obtain services to which such User is not entitled.
• Addition of IP addresses that have not been specifically assigned to the server

Notification of Violation: FastServers, Inc. is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which FastServers, Inc. determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at FastServers, Inc.'s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations

Second Violation: Users that FastServers, Inc. determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop (blacklist/nullroute/unroute) the section of IP space involved in Spam/Virii/Illegal-Distributions or Denial-of-Service/Packetstorm complaints if it is clear that the offending activity is causing moderate to major harm to parties on the Internet. In particular, if open SMTP relays are on your network or a customer's network, or if denial-of-service attacks are originating from your network space. In certain, rare cases, we may have to take action before attempting to contact you. If we do this, we will contact you as soon as is feasible, once the situation is stabilized.

Suspension of Service or Cancellation: FastServers, Inc. reserves the right to suspend network access to any customer if in the judgment of the FastServers, Inc. network administrators the customer's server is the source or target of a violation of any of the other terms of the AUP or for any other reason that FastServers, Inc. deems necessary. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
FastServers, Inc. reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of FastServers, Inc. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: FastServers, Inc. wishes to emphasize that in agreeing to the FastServers, Inc. Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies FastServers, Inc. for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to FastServers, Inc. or the bringing of any claim against FastServers, Inc. by any third-party. This means that if FastServers, Inc. is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against FastServers, Inc., plus all costs and attorney's fees.

Miscellaneous Provisions: The Client must provide The Company with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation

FastServers, Inc. takes no responsibility for any material input by others and not posted to the FastServers, Inc. Network by FastServers, Inc.. FastServers, Inc. is not responsible for the content of any other websites linked to the FastServers, Inc. Network; links are provided as Internet navigation tools only. FastServers, Inc. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
FastServers, Inc. is not responsible for any damages your business may suffer. FastServers, Inc. does not make implied or written warranties for any of our services. FastServers, Inc. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by FastServers, Inc..

Responsibility for Content: The Client as FastServers, Inc.'s customer, are solely responsible for the content stored on and served by your FastServers, Inc. server.

Support Boundaries: FastServers, Inc., provides 24/7 technical support to our Clients. \ We limit our technical support to our specific areas of expertise. The following are our guidelines when providing support: FastServers, Inc. provides support related to your server and the core, critical functions of the OS and basic critical tcp/ip services.

FastServers, Inc. does not offer tech support for application specific issues such as CGI programming, Cold Fusion, ASP, .NET , PHP, MySQL, Microsoft SQL or any other programming/database application. FastServers, Inc. does not provide technical support for YOUR End-User Clients.

FastServers, Inc. partners with a number of software companies and acts as the frontline of support for these products. FastServers, Inc. will provide best effort support for applications but does not warrant bug fixes or advanced problem resolution of these products. Escalation of such issues the companies that have programmed the software are subject to the standard $100.00 per hour rate which includes the total amount of time spent. Resolution of bugs and advanced support issues is dependant upon the developers of the software in question.

Any request of technical support warrants the possibility of being charged a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of FastServers, Inc. is required to login to your server for over 15 minutes and provide support, system administration fees can be applied to your account, depending on the DEFCON profile in question.

SPAM and Unsolicited Commercial Email (UCE): FastServers, Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of FastServers, Inc. may not use or permit others to use our network to transact in UCE. Clients of FastServers, Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of FastServers, Inc. SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, FastServers, Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, FastServers, Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, FastServers, Inc. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, FastServers, Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. FastServers, Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that FastServers, Inc. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your FastServers.Net dedicated server environment.

As our Clients are ultimately responsible for the actions of their clients over the FastServers, Inc. network, it is advisable that Clients develop a similar, or stricter, policy for their End-Users as to avoid violation of our End-User Content Policy (EUCP).

Network
IP Address Ownership: If FastServers, Inc. assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to FastServers, Inc., and Customer shall have no right to use that Internet Protocol address except as permitted by FastServers, Inc. in its sole discretion in connection with the Services, during the term of this Agreement. FastServers, Inc. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by FastServers, Inc., and FastServers, Inc. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth Usage
Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the FastServers, Inc. website. FastServers, Inc. will monitor Customer's bandwidth via MRTG. FastServers, Inc. shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in FastServers, Inc. sole and absolute discretion. If FastServers, Inc. takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, FastServers, Inc. may, at its sole discretion, collect a deposit, in an amount determined by FastServers, Inc., against customer's credit card on file with FastServers, Inc..

System and Network Security
Users are prohibited from violating or attempting to violate the security of the FastServers, Inc. Network. Violations of system or network security may result in civil or criminal liability. FastServers, Inc. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

These violations include, without limitation:

• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing�Evia known vulnerabilities or similar circumstances.
• Forging any TCP/IP packet header in a network transmission or any part of the header information in any e-mail-based or newsgroup posting.
• Taking any action in order to obtain services to which such User is not entitled.
• Addition of IP addresses that have not been specifically assigned to the server.
• Notification of Violation: FastServers, Inc. is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which FastServers, Inc. determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at FastServers, Inc. discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that FastServers, Inc. determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to take action before attempting to contact you. If we do this, we will contact you as soon as the situation is stabilized.

Suspension of Service or Cancellation: FastServers, Inc. reserves the right to suspend network access to any customer if in the judgment of the FastServers, Inc. network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which FastServers, Inc. chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

FastServers, Inc. reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of FastServers, Inc. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: FastServers, Inc. wishes to emphasize that in agreeing to the FastServers, Inc. Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies FastServers, Inc. for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to FastServers, Inc. or the bringing of any claim against FastServers, Inc. by any third-party. This means that if FastServers, Inc. is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against FastServers, Inc., plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. This should be maintained at https://pentagon.fastservers.net.. . Notifications utilizing you're your contact information will be used via this system.

A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation.

FastServers, Inc. takes no responsibility for any material input by others and not posted to the FastServers, Inc. Network by FastServers, Inc.. FastServers, Inc. is not responsible for the content of any other websites linked to the FastServers, Inc. Network; links are provided as Internet navigation tools only. FastServers, Inc. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

FastServers, Inc. is not responsible for any damages your business may suffer. FastServers, Inc. does not make implied or written warranties for any of our services. FastServers, Inc. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by FastServers, Inc..

Responsibility for Content: You, as FastServers, Inc. customer, are solely responsible for the content stored on and served by your FastServers, Inc. server.

WARRANTIES

FastServers, Inc. has the right to enter into this Agreement and to grant the rights granted in it.

FastServers, Inc. shall, in good faith, comply with the terms of this Agreement.
The goods and services provided by FastServers, Inc. are provided "AS IS", WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4)QUALITY; 5) NON-INFRINGEMENT; 6) QUIET ENJOYMENT; AND 8) TITLE.

CLIENT AGREES THAT ANY EFFORTS BY FASTSERVERS, INC. TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY FASTSERVERS, INC. WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT FASTSERVERS, INC. SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF FASTSERVERS, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CLIENT'S WEB SITE BY CLIENT OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, FastServers, Inc. liability is limited to the greatest extent permitted by law.

The parties expressly recognize that FastServers, Inc. does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with FastServers, Inc.. FastServers, Inc. does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through FASTSERVERS, INC. AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. FastServers, Inc. shall not be liable to CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties' information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, FastServers, Inc. liability is limited to the greatest extent permitted by law.

The parties expressly recognize that FastServers, Inc. cannot and does not guarantee or warrant that files available for downloading through FastServers, Inc. will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client's particular requirements for accuracy of data input and output, and for maintaining a means external to FastServers, Inc. for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client's sole risk.

ENTIRE AGREEMENT

This Agreement and all attachments or Exhibits supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties' signatures.

By signing this agreement you are activating your account on a Month-to-Month basis. Term Service Plan are available by contracts provided by sales@fastservers.net

Term Service Plan. You may be eligible for a fixed length Dedicated Server/Co-Location Service Plan ("Term Service Plan") or for a month-to-month Service Plan ("Non-Term Service Plan"). Except as permitted by the Agreement, you must maintain service with us on your Term Service Plan for the minimum term of 1 Year associated with that Term Service Plan. To execute this option please contact sales@fastservers.net

Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your Services terminate.

Termination. Termination Of Service Plan. EXCEPT AS PERMITTED BY THE AGREEMENT, IF YOU TERMINATE YOUR TERM SERVICE PLAN BEFORE THE END OF THE TERM, OR IF WE TERMINATE SERVICES FOR VIOLATIONS OF THIS CONTRACT BEFORE THE END OF THE TERM, YOU WILL BE REQUIRED TO PAY THE EARLY TERMINATION FEE of 50% of the remaining contract. After the expiration of the term, the Terms relating to Non-Term Service Plans apply.

Termination. Non-Term Service Plan. If you are on a Non-Term Service Plan, you may terminate Services at any time by giving us notice.

Final Information

EXHIBITS
Client agrees that the order placed online is accurate that all services requested from FastServers, Inc. are contained within this agreement. Included with this contract you should print off and sign the first invoice that was generated for you. This can be retrieved via https://pentagon.fastservers.net.