Service Level Agreement

FASTSERVERS, Inc. SERVICE AGREEMENT
(Last Update: July 16, 2008).

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
E: WHEREAS, Client agrees to End User Terms of Service available online at : http://www.fastservers.net/support-billing/terms-of-service.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 dependent 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 Trend Micro and customers using Linux will be provided with CFS 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: Three 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 Trend Micro and customers using Linux will be provided with CFS 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.
(DEFCON 1: 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 rack space, 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.

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 of 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 .