Service Agreement Hostbasket Dedicated Hosting

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1 Service Agreement Hostbasket Dedicated Hosting Between Customer details Company name Street Number Box Postal code Locality Country VAT RLP locality Hereinafter referred to as the Customer and Telenet details Telenet N.V. Registered office: Liersesteenweg Mechelen VAT BE RLP Mechelen Hereinafter referred to as Telenet It is agreed as follows: Telenet undertakes to provide the Customer with the Services as stipulated in the Contract. The Customer acknowledges that it is aware of the terms of the Contract. The Contract comprises: the General Conditions; this Service Agreement and the service-specific provisions hereof, which supplement the General Conditions; and the schedules, which form an integral part hereof. These schedules are the Service Level Agreement, the Order Form and the MAC Form. Telenet and the Customer are also each referred to as a Party', and together as the Parties. The General Conditions may also be consulted on Telenet s web site: The Customer accepts the provisions of the Contract. Please initial each page and sign on the last page.) Version 03/11 1/18

2 1 Description of Dedicated Hosting Dedicated Hosting Services are the dedicated, colocated and virtual (Flex and Dynamic Cloud) server services described hereunder: Dedicated server: Physical server and complete service package, rented by the Customer. The hardware is property of Telenet. Colocated server: The hardware or server of the Customer placed in the datacenter of Telenet. The hardware or server is property of the Customer. Virtual server: A fully functional server with its own full-fledged operating system that runs independently. It uses virtualization technology to split one physical server into different virtual machines. Dynamic Cloud: Public Cloud infrastructure operated by Telenet. Customers can create virtual servers in the Dynamic Cloud using control panels ( MyAccount ). The Dynamic Cloud uses a usage-based billing mechanism. Flex server: Virtual server on a shared hardware infrastructure. Flex servers are billed for a fixed subscription period. 2 Service-specific provisions 2.1 Data centre Services Telenet uses rackspace in its own datacenters for the virtual, dedicated and colocated servers: Datacenter Ghent: Antwerpse Steenweg 19, 9080 Lochristi, Belgium. Datacenter Mechelen : Liersesteenweg 4, 2800 Mechelen, Belgium. Alternatively a third datacenter is used: LCL, Kouterveldstraat 13, 1831 Diegem, Belgium. The datacenters are equipped with: UPS (universal power supply) Power generator (Diesel) Air conditioning Temperature control Intrusion alarm system Closed Circuit TV system Controlled entrance Fire detection Fire suppression (gas) 2.2 Network Services Internet Access Services Telenet has implemented the BGP4 protocol in its datacenters for the IP space to ensure that the shortest route is used to route traffic to users, even if one of the connections to the internet is not available. The three datacenters are interconnected through redundant fibers (Type 7, completely redundant with fully separated routing). Telenet has peering and transit agreements with several national and international internet providers. The total available bandwidth to the internet exceeds 3 GBit/s Bandwidth Each virtual server has bandwidth with a bursting capacity up to 10 Mbit/s. Each dedicated server and each colocated server has bandwidth with a bursting capacity up to 100 Mbit/s. This means that the speed (Mbit/s) is optimal, even when a high number of competing users are visiting the websites and web applications on the server. There are 3 types of bandwidth: Based on data traffic (most commonly used) Based on guaranteed bandwidth for a server Please initial each page and sign on the last page.) Version 03/11 2/18

3 Based on bandwidth for a subnet Based on data traffic Each server has a certain monthly volume of data traffic (20, 50, 100, 200, 250, 500 or 1000 GB per month depending on the server plan). The data traffic is measured starting at the first of each calendar month until the last day of the month and is the sum of all (up and down) network traffic that passes through the network card and with a correction factor of 0,95. If the server uses additional data traffic above the allowed monthly data traffic, the Customer can: Extend its subscription with extra monthly data traffic by batches of 10 GB. The price for 10 GB is 10 euros per month. Customer can upgrade a monthly subscription until the last business day of the month to benefit from this pricing. Choose to be billed per month, based on its effective usage. The price per started batch of 10 GB is 20 euros. For example: a server with an allowed monthly data traffic of 50 GB. The monitoring system measures an effective usage of 63 GB. 63 GB x 0,95 (correction factor) = 59,85 GB The Customer is charged one extra pack of 10 GB or 20 euros. Based on a guaranteed bandwidth for a server The Customer can upgrade its server with a guaranteed bandwidth. The server can burst up to twice the guaranteed bandwidth with a minimum of 10 Mbit/s for virtual servers and 100 Mbit/s for dedicated servers. The bandwidth will have a higher priority (priority 4) to make sure that the Customer can use all the bandwidth it needs. The Customer will not be charged in function of data volume. The bandwidth is calculated with the 95 percentile method (discarding the top 5% of the samples) and per calendar month. If the server uses more than included in the Customer subscription, the Customer can: Extend its subscription with additional bandwidth per extra 1 Mbit/s. The Telenet sales representative needs to be contacted for the pricing. Choose to be billed per month for the excessive bandwidth. The price that will be used is the standard pricing + 20%. Based on a bandwidth for a subnet You can also opt for a bandwidth for a group of servers isolated in a dedicated subnet. All servers in the subnet must use this calculation method since the bandwidth is measured on the firewall interface. The calculation method is the same as in paragraph Based on a guaranteed bandwidth for a server Contention The bandwidth is available for each server on a dedicated, switched, full-duplex Ethernet network. This avoids any form of interference with other customers, making the bandwidth available at any time Network SLA Telenet has agreements with Internet Service providers that guarantee an availability on their lines of 99,99%. Telenet guarantees an availability of its internal network of at least 99,9%. The availability will depend on the chosen network topology for the server. Network topology Guaranteed Availability Max. downtime per quarter Shared Subnet and shared firewall (default for virtual & dedicated servers and colocation) 99,9% 2 h 11 m Dedicated subnet and shared firewall 99,92% 1 h 44 m Dedicated single firewall 99,95% 1 h 05 m Dedicated firewall cluster 99,98% 26 m Please initial each page and sign on the last page.) Version 03/11 3/18

4 Dedicated firewall, dedicated firewall cluster or private subnets are optional services for dedicated servers and colocation IP Addresses One public IP address is included with each server. Additional public IP addresses can be ordered (see price list). The need for additional IP addresses must be justified by the Customer, as required by Ripe. Additional IP addresses will not be assigned if no valid technical justification can be produced. The IP addresses are property of Telenet and may be changed for operational reasons. In case the IP address that is allocated to the Customer server changes, the Customer must make or arrange the necessary changes to its websites and/or applications to accommodate such at its cost. Telenet advises not to use IP addresses in websites and applications, but instead to use hostnames Private subnet Dedicated servers and colocated servers can be isolated in a private subnet. A private subnet is optional (see price list). It needs to be taken into account that servers in a private subnet cannot communicate with servers located in another subnet. A private subnet is compulsory for colocated servers likely to cause problems on the internal network (e.g. servers sending broadcasts). A Private subnet is not possible for virtual servers Domain names and name servers (DNS) Domain names can be registered on https://myaccount.hostbasket.com/. Existing domain names can be transferred to Telenet. In both cases, the Customer remains owner of the domain names. The use of the primary and secondary name servers of Telenet is included for each domain name which is registered with Telenet or which is transferred to Telenet. The use of these name servers is optional for domain names managed by another registrar (see price list, product use of our name servers ). For each domain name on hostbasket.com name servers, an unlimited number of sub domains and records (A, CNAME, MX) can be created using the web interface Firewall Each dedicated and virtual server and each colocated server is secured through a shared hardware firewall. Virtual servers For the FLEX START server, a number of firewall rules are predefined. The following ports are opened for the START server: (20/21) FTP, (22) SSH, (25) SMTP, (53) DNS, (80) HTTP, (110) POP3, (443) HTTPS, (1433) SQL-server, (3306) mysql, (3389) Remote Desktop, (8443) Plesk. For all other virtual servers, except for the FLEX START server, the Customer can choose on the Order Form which ports must be opened (e.g. HTTP, HTTPS, POP3, SMTP, DNS ) for its virtual server. The Customer can request a firewall rule change at any later time through a support intervention request (see Service Agreement Hostbasket Support ). A firewall rule change means that one or more ports will be opened or closed for one server. The network is divided into several subnets. Some subnets have special security policies for increased security and do not allow certain ports to be opened on the firewall (like SSH or RDP). The Customer can request that traffic is logged on the firewall for a limited time. This service can be requested through a support intervention request (see Service Agreement Hostbasket Support ). Dedicated or colocation servers For the START server, a number of firewall rules are predefined. The following ports are opened for the START server: (20/21) FTP, (22) SSH, (25) SMTP, (53) DNS, (80) HTTP, (110) POP3, (443) HTTPS, (1433) SQL-server, (3306) mysql, (3389) Remote Desktop, (8443) Plesk For all servers, except for the START server, the Customer can choose on the Order Form which ports must be opened (e.g. HTTP, HTTPS, POP3, SMTP, DNS ) for its dedicated server or colocated server. The Customer can request a firewall rule change at any later time through a support intervention request (see Service Agreement Hostbasket Support ). A firewall rule change means that one or more ports will be opened or closed for one server. The network is divided into several subnets. Some subnets have special security policies for increased security and do not allow certain ports to be opened on the firewall (like SSH or RDP). Please initial each page and sign on the last page.) Version 03/11 4/18

5 Optionally the Customer can choose a dedicated firewall to implement complex security policies or completely isolate servers from the rest of the network. This also requires a dedicated subnet. The Customer can request that traffic is logged on the firewall for a limited time. This service can be requested through a support intervention request (see Service Agreement Hostbasket Support ) Network architecture Schematic overview of the network architecture within the data centres: Internet Lochristi Private WAN (MPLS) LCL Mechelen Private Peerings Please initial each page and sign on the last page.) Version 03/11 5/18

6 2.3 Hardware services for virtual servers Setup of virtual servers The provisioning and installation of a virtual server is included in the setup fee. Telenet assigns the Customer the appropriate resources (CPU, RAM, disk capacity). RAM and disk capacity are guaranteed at all times. The CPUs are over dimensioned (the number of customers per node is limited), to make sure that every customer can take the CPU power that is ordered Hardware maintenance and SLA for virtual servers Maintenance of the physical hardware is included. This means that failing or malfunctioning hardware will be replaced free of charge. Telenet monitors the health of the physical hardware and will start an intervention to replace the hardware or fix the hardware problem within 1 hour. The intervention to replace the hardware or fix the problem is free. After replacement of a failed hard drive, the rebuild of the RAID-set is started or if necessary the most recent available backup will be restored at no charge (see section, 2.9 Backup Services ). In some cases Telenet may decide to move a virtual server to another server hardware without consent of the Customer if the intervention is time critical or if the defect has a severe impact on the Service. 2.4 Hardware services for dedicated servers Hardware setup of dedicated servers The provisioning and installation of a dedicated server is included in the setup fee. The hardware remains property of Telenet Hardware maintenance and SLA for dedicated servers Maintenance of the hardware is included. This means that failing or malfunctioning hardware will be replaced free of charge. The priority for hardware replacement interventions is Critical Priority (see the Service Agreement Hostbasket Support) and will be executed when a Trouble Ticket is created by the Customer. For Customers with a Premium Support Contract, a Ticket with Critical 24/7 Intervention priority can be created. All interventions with a Critical 24/7 Intervention priority will be charged (see the Service Agreement Hostbasket Support). After replacement of a failed hard drive, the rebuild of the RAID-set is started or if necessary the most recent available backup will be restored at no charge (see section 2.9 Backup Services ). Telenet maintains a set of spare servers, which are used to replace a server with a hardware failure. In some cases, the spare server will not have the same hardware specifications as the original server (e.g. smaller hard disk or other CPU). In this case, the original server will be repaired and reinstated. Telenet will contact the Customer to plan and execute this intervention. In some cases Telenet may decide to replace defective hardware (ex. Hard disks) without consent of the Customer if the intervention is time critical or if the defect has a severe impact on the Service. 2.5 Hardware services for colocated servers Hardware setup of colocation servers The provisioning and installation of a colocation server and other colocated hardware is the responsibility of the Customer. The racking of the server(s) is executed under escort and supervision of a Telenet employee. The installation of the servers is possible 24/7, but is included in the setup fee only during office hours. If a server is delivered after 16h30 on business days it will be considered as an intervention outside office hours. Outside office hours the time needed for the racking and configuration will be charged at the appropriate rates found in the Service Agreement Hostbasket Support. The servers must be installed upfront and must contain at least an operating system and remote administration software such as Terminal Services, SSH, VNC,... All colocated hardware remains property of the Customer Hardware maintenance and SLA for colocated servers The Customer is responsible for the maintenance of its own hardware. The Customer can request Telenet to do hardware related interventions (replacement of Hard disks, ) or request physical access to the server (see Physical access to colocation servers ). The replacement parts must be delivered by the Customer. The intervention is executed at the Customer s risk. Please initial each page and sign on the last page.) Version 03/11 6/18

7 All support interventions related to hardware maintenance or physical access to the server are billable and require service credits. Service credits need to be purchased in advance (see the Support Service Agreement Hostbasket Support). 2.6 Software services The following sections describe which software will be installed, configured, maintained and supported by Telenet. Following terminology applies: Description Software Installation Initial one-time installation of the software. Software Configuration Software Maintenance Software Assistance Software Licence Initial one-time configuration of the software to make the software operational. Ongoing actions to keep the software operational including creation of accounts and all other repetitive tasks. Any assistance on the installation, configuration, maintenance or usage of the software application. Valid and legal licence for the software Examples Running Setup and completing Setup Wizard of a software package. Configuring an administrator account for Windows, configuring a port for the web server. Creating a website on the web server, creating a user account for the mail server etc. How do I configure the web server? How does functionality X work? Where can I configure Y? Windows SAL (subscriber access licence) or PL (processor licence) Software supported by Telenet The following software are supported by Telenet : Operating Systems Microsoft Windows Server 2003 Microsoft Windows Server 2008 Microsoft Small Business Server Linux CentOS Linux Ubuntu Applications Parrallels Plesk MS Exchange MS SQL Server 2008 MS SharePoint (WSF and MOSS) Any other software can be installed by Telenet on a best effort basis. See also Software installation for virtual or dedicated servers During the setup of the server, Telenet will perform a one-time installation of following software: Windows server Operating system Windows Server and latest service pack.net framework IIS (web and FTP, SMTP : optional) Terminal Services (remote desktop) Linux server Operating system CentOS or Ubuntu SSH Apache web server (optional), PHP (optional) MySQL database server (optional) BIND DNS server (optional) Please initial each page and sign on the last page.) Version 03/11 7/18

8 ProFTPD FTP server (optional) Postfix (optional) Backup & Monitoring software (if included in the service plan for the server) Backup & Monitoring software (if included in the service plan for the server) Additional software can be installed by Telenet: Software supported by Telenet : Telenet needs to be contacted for a price quote. The price includes the licence(s), the initial installation and the initial configuration, unless mentioned otherwise. Any other software: Telenet will install and configure the software for first use on a best effort basis. The Customer can install, configure and maintain any additional software packages under its own responsibility. The Customer can upload the installation files and use its administrator/root account to remotely perform the installation (using e.g. Remote Desktop on Windows or SSH on Linux). In some case it may be useful or necessary to do a software installation in the Telenet offices (to avoid file transfers over the internet, physical access to the machine is necessary during the installation,...). the possibilities need to be checked with the Telenet sales representative. The Customer can request a reinstallation of the Operating System. The Intervention Topic List needs to be consulted for more details Software configuration for virtual or dedicated servers Telenet takes care of the initial configuration of the software as described below. Configuration of any other software is the responsibility of the Customer. Operating system Backup software (if included in the service plan) Monitoring software (if included in the service plan) Remote access tools Web server Database server FTP server DNS server SMTP & POP3 server Initial configuration by Telenet Customer Additional software installed by Telenet or All other software Configuration of all software after the installation date is the responsibility of the Customer Software maintenance for virtual or dedicated servers Maintenance of all software and all system administration (such as creating user accounts, security settings, creating folders, access rights ) is the responsibility of the Customer. Telenet can help the Customer with the software maintenance on request Installation of OS service packs, security patches and upgrades To keep the server running in an efficient and secure manner, it is necessary to install service packs, security patches and upgrades of the operating system (OS). This is the Customer s responsibility. For Windows Servers Telenet configures by default the automatic Windows Updates for each Windows Server 2003, Windows Server 2008 or Windows Server 2008 R2 for automatic download of security fixes. The security fixes are NOT installed automatically. If the Customer feels that this might not be appropriate for his application(s) on the server, the Customer must disable the automatic Windows Updates. Please initial each page and sign on the last page.) Version 03/11 8/18

9 Telenet also offers a Security fixes and Patches subscription. This is an optional service, where Telenet will first test the security fixes and patches with similar hardware and in similar software environments based on a standard installation. The installation procedure goes as follows: Microsoft releases the patches and security fixes on Tuesdays. A complete list of the patches release by Microsoft can be found at Telenet will install the patches and security fixes the next Friday. If the Customer feels a security fix or patch may cause its application(s) on the server to malfunction, the Customer should notify Telenet before Thursday, AM 12 h CET by creating a Ticket with at least Critical priority. In case of a very serious threat to the server(s) or the datacenter infrastructure or the Telenet Network, Telenet may opt to install the security fixes earlier. The fixes and patches will be deployed in a controlled manner. This service is only available for Windows Servers. For Linux Servers Telenet can help the Customer to configure automatic updates for Linux distributions. The updates will be installed on the Customer s responsibility Software assistance for virtual and dedicated servers Software Assistance on the usage and configuration of the operating system is always fee-based. Software Assistance can be requested by creating a Support Ticket and by choosing the correct Topic. Telenet does not offer Software assistance on any software which is not installed by Telenet. Software Assistance on Plesk (only if installed by Telenet): Software Assistance on the usage of the Plesk control panels is free (included in the subscription of Plesk); Software Assistance on the configuration of the underlying operating system and the installation of additional software on any server with Plesk installed is fee-based; Telenet advises not to install additional software on a server with Plesk installed and to use the server only for hosting of websites and ; Any action performed by the Customer using SSH or Remote Desktop access on a server with Plesk installed, is not supported Software licences for virtual and dedicated servers Licenses of the operating system are included in the price of the virtual or dedicated server. The Customer is responsible for having valid license agreements for all software which is installed by the Customer. For Microsoft Windows servers, a "non-outsourcing" license is included (unless mentioned otherwise). If the Customer wishes to upgrade to an "outsourcing" license, it must inform Telenet in advance. For Linux servers, the server software installed by Telenet is licensed under the GPL-licensing agreement Software assistance on colocated servers The Customer is responsible for all software (installation, licensing, patching, upgrading, configuration, maintenance) on the colocated server. Telenet does not offer Software assistance on any colocated server. Telenet will install any additional software in order to be able to take backups (optional), for monitoring and for performance statistics. This only applies to colocated servers with a supported operating system that are compliant with the minimum requirements for the backup software and for which a root login and password is provided to Telenet. Telenet needs a valid user account with appropriate rights on the server for maintenance. The installation of an SNMP agent is mandatory for the monitoring of the server. If SNMP is not activated by the Customer, Telenet will measure the bandwidth or traffic usage, on the network switch. This measurement will include all data transmitted from and to the server (incl. backup, transmissions to internal systems,...). Excessive bandwidth or data traffic usage will be billed using the network switch measurement. If SNMP is not activated, the Customer will not be able to verify the bandwidth or traffic usages in real-time and use other functions in the monitoring system. The Customer is responsible for having valid license agreements for all software which is installed on the colocated server. Please initial each page and sign on the last page.) Version 03/11 9/18

10 2.6.9 Software lifecycle Telenet can only support software that is supported by the software manufacturer, distributor or community in the mainstream support phase. If software is no longer supported by the manufacturer or distributor, the Customer can request to upgrade to a more recent version of the software (if the software is supported by Telenet). In some cases, when the security of the Telenet infrastructure is in danger, Telenet will request the Customer to upgrade to supported versions of the software. If these requests are not responded by the Customer in due time, Telenet will do the software upgrade on the Customer s responsibility or disconnect the server from the network. Telenet never encourages an in-place upgrade of the operating system. Instead Telenet provides a similar server with the new version of the operating system (and applications) for dedicated server customers. The Telenet account manager has to be contacted if Customer wants to upgrade its server with a new version of an operating system. Overview of support dates for Linux distributions : Linux Distribution Server Version Support End date Ubuntu 6.06 LTS June 2011 Ubuntu 8.04 LTS April 2013 Ubuntu LTS April 2015 CentOS 4.x March 2012 CentOS 5.x April 2014 Redhat enterprise Linux 4.x Februari 2012 Redhat enterprise Linux 5.x March 2014 Suse enterprise Linux Suse enterprise Linux Server access VPN and remote access The Customer has root access (with administrator rights) to the server. For some models of dedicated servers (Evolve, Value, Perform and Expand) the Customer can connect to his server through a VPN connection (Virtual Private Network). This means that the Customer can connect to the VPN server using a VPN connection. When the connection is established, the server can be accessed through an internal IP address (e.g x.x). This setup guarantees a maximal security against hacker intrusion, since remote access is not possible through a public IP address. For security reasons, these servers (Evolve, Value, Perform and Expand) are by default not accessible with remote access software directly using the public IP address (only over the VPN connection). If the Customer requests that the server must be accessible using remote access software (Terminal Services/Remote desktop, SSH, PC Anywhere, VNC etc.) directly using the public IP address, the server will be put in an isolated subnet. This is a subnet for which the applicable ports can be opened on the The PPTP (point-to-point tunnelling protocol) protocol is used with CHAP-MS V2 (challenge handshake authentication protocol) authentication. Windows servers can be accessed using Microsoft Terminal Services (Remote Desktop). Linux servers can be accessed using SSH (Secure Shell). Customer is informed that many tasks on dedicated servers can also be performed using the web interfaces: Plesk web interfaces (optional) for Linux and Windows servers. Customer may prefer to use SSL VPN to connect to applications on its server. SSL VPN is available as an optional service idrac (integrated Dell Remote Access Controller) Some servers (Evolve, Value, Perform and Expand) can optionally be equipped with an idrac card. This means that the server can be managed using a web browser. Key features include power management and remote console capabilities, all available through a supported web browser. This gives system administrators the ability to configure a machine as if they were sitting at the local console (terminal). The idrac card is assigned a separate internal IP address and can always be reached, regardless if the operating system is normally functioning and loaded or not Physical access to virtual or dedicated servers Physical access to a virtual or dedicated server is not allowed, because the data centre is highly secured and only qualified Telenet personnel is granted access. Interventions that require physical access (very Please initial each page and sign on the last page.) Version 03/11 10/18

11 rare) can be requested with Telenet. These interventions are paid using Service Credits of the customer (see the Service Agreement Hostbasket Support). Customer is informed that rebooting a dedicated server can be executed using remote access software (available through the MyAccount web interface) and does not require physical access Physical access to colocation servers Physical access to a colocation server is possible, but only under escort and supervision of a Telenet employee, in order to guarantee maximum safety in the datacenter. Physical access needs to be requested by creating a Support Ticket on the website with the Topic Physical access to colocated server. Any priority can be chosen for physical access, up to Critical Priority for servers without a Premium Support Contract and up to Critical 24/7 Intervention for customers with a Premium Support Contract. The mandatory escort is paid using Service Credits (see the Service Agreement Hostbasket Support). The chosen priority determines the hourly rate of the escort: Standard priority for any access during business hours, Critical 24/7 Intervention for any access outside business hours. Access is given within one hour after the creation of the Ticket. Customer is informed that rebooting a colocation server can be executed using control panels (Server Manager Web interface) and does not require physical access. 2.8 Spam, viruses and security Security & privacy policy Telenet reserves the right to log in on each server at any time for maintenance or security purposes. Telenet will treat all data as strictly confidential. Data will never be copied from the Customer s server, except for a backup. Telenet will take all possible measures to protect the data on the servers Spam Telenet will act upon each Spam (unsolicited ) complaint received. Telenet reserves the right to take any action necessary to prevent further sending of Spam. If Telenet is charged by third parties, these charges will be invoiced to the Customer of the dedicated server or colocated server from which the Spam originated Viruses Telenet reserves the right to take all actions necessary if a virus or worm is detected on a dedicated server or colocated server, to prevent any harm from being done to the datacenter infrastructure,, its components,other servers or the Telenet network Hacked servers Despite all security measures servers or applications may get hacked. Common entry points for hackers are: unpatched servers or software, software that is badly configured (like anonymous FTP access, open STMP relay server) and bad coding (like SQL injection). Telenet will do its best efforts to make sure that the availability is maximal even when the server is hacked. A hacked server is a server for which the security is compromised. A hacked server may transmit unauthorized data such as an udp flood, tcp flood, icmp flood, spam, Telenet uses the following procedure: The server is detached from the network and isolated in a separate dedicated subnet. The server will be configured with a new internal and external IP address. The firewall and switch will be limited to a maximum bandwidth of 10 Mbit/s. The server can stay in the separate subnet for up to one week. This time may be used to restore the security policy. Telenet can perform a security audit of the server; this is a billable intervention for which a separate Order Form is required. In the separate subnet no backups will be taken of the server. When the Customer has made the necessary modifications to the configuration or the application, the Customer must sign off on Telenet security policy. The server will be placed back in the original subnet and with the original IP addresses. All the costs (like the dedicated subnet, excessive usage of bandwidth or data traffic, security audit, reinstallation of the server, ) resulting from the hacking of the server will be charged to the Customer. 2.9 Backup Services Backup services are optional on each dedicated server and each colocation server. Telenet can provide 2 types of backup: a partial data backup or a full data backup. Please initial each page and sign on the last page.) Version 03/11 11/18

12 In case of a partial data backup, the Customer has disk space on a remote server. On this remote server, the Customer can copy its data with FTP. At any time the Customer can restore the data from the remote server. The remote server can only be accessed from the dedicated server. In case of a full data backup, Telenet will install the backup client software on the server. The backup client software can only be installed on Windows servers and Linux servers with a bit kernel or newer. The minimum system requirements for the client software may change when a new version of the software is installed Full Data backup The backup software, Symantec Netbackup PureDisk, takes daily incremental backups of the whole server, including the operating system, all applications and all data. Backups are stored on Telenet storage. A backup will be taken of each file which, at the time of backup, is not locked or in use by another process. Each version of each file is stored as long as the file is present on the server and after that for a minimum period of 4 (four) days. The backup is limited to a maximum of files on the server, for which a backup should be taken. Examples of locked files are databases or the IIS metabase (for Windows servers). In order to backup MySQL or SQL server 200x databases, a daily export (dump to a file) must be scheduled by the Customer. The exported file will be backed up daily. The 4 most recent export files are kept. Some files are not included (like *.log, ~*.*, *.tmp, *.temp) in the backup. The exact exclusion list can be consulted in the logs of the backup software. The Customer can request to include additional files in the exclusion list. These files will not be backed up and no warnings will be shown in the backup logs. A backup run might fail for several reasons (e.g. heavy load on server, file is in use or locked, insufficient disk space,...). Therefore Telenet will manually check if the last backup has been successfully started, twice a week on Monday and Thursday on working days. If for some reason the backups are failed, Telenet will notify the Customer. If the Customers doesn t respond to these repeated messages, Telenet will disable the back-up s. The last successfull backup will be stored. The Customer will notify Telenet when the problem is resolved and that Telenet can re-instate the back-ups. The Customer must check the date and status of the last backup on a daily basis using the control panels and must create a Support Ticket if not all necessary content is included in the backup. The log files on the control panels will show the backup status of each individual file. Telenet must be able to log on with the necessary administrative rights to ensure a proper backup. The backup software will only include the logical drives that exist at the time of installation of the backup software. No additional partitions, logical drives or disks with broken RAID configuration will be included, unless Telenet is notified by creating a Support Ticket. Telenet can configure a list of the folders that must be backed up. This is useful to improve the performance of the server and to limit the used storage on the backup servers. Telenet cannot be held liable for any data loss. No backups are taken on the last Wednesday of each month, for storage maintenance purposes Restore tests From time to time Telenet will perform restore tests to check if the data in the backup sets can be read after a restore. The tests are done at random and are done to validate the correct functioning of the backup software and the backup infrastructure. Because Telenet cannot interpret the correctness of the data in the backup set, the Customer has to check the logs of the backup software at regular times and to request a restore test if there is doubt that the information in the backup set is insufficient or corrupted. This restore will be paid using Service Credits (see the Service Agreement Hostbasket Support) Disaster Recovery Restore In the event of a hardware failure of the hard disk, the most recent available backup will be restored at no cost with Critical Priority (business hours only). For servers with a Premium Support Contract, a fee-based restore with Critical 24/7 Intervention (also outside business hours) can be requested. Telenet will install a new server with clean installation of OS or the hard disk is replaced with a new hard disk with a clean installation of the OS. The latest version of the data or configuration files, available from the backup, are then restored on the server. The restored information will be placed in a separate restore folder. This allows the server to be up and running quickly (allowing to put e.g. a maintenance webpage online). Meanwhile a data restore is started. Additional software needs to be reinstalled and configured by the Customer. Configuration of the operating system (e.g. recreation of user accounts) needs to be done by the Customer. Please initial each page and sign on the last page.) Version 03/11 12/18

13 2.9.4 Other Restore Any other partial restore can be requested by the Customer by creating a Support Ticket on the website. This restore will be paid using Service Credits (see the Service Agreement Hostbasket Support) Hard disk mirroring (RAID) dedicated servers only RAID1 software mirroring Some discontinued server models (dating before August 2009) are equipped with RAID-1 software mirroring. These dedicated servers with two hard disks can be configured for hard disk mirroring (RAID1). The configuration uses software mirroring, this means that the mirror is built by the operating system. In the event of a hard disk failure, the mirrored disk can be used for data recovery. If this fails, the most recent backup will be used for data recovery. The replication of data from the master to the mirrored disk might break at some point in time, e.g. when a bad block is introduced on the master hard disk. Therefore the Customer should regularly check the health of the mirror (for Windows, see Administrative tools / computer management / disk management). Telenet strongly advises to replace a hard disk with a bad block. The Customer can request a fee-based intervention (see the Service Agreement Hostbasket Support) RAID1 hardware mirroring Dedicated servers with two hard disks can be configured for hard disk mirroring (RAID1) using a hardware RAID card in the server (only available on selected server models). In case of a hard disk failure, the hard disk will be replaced by Telenet. On some server models hard disks are hot-swappable and since RAID1 is used (uses redundancy) this does not cause downtime of the server. On other server models, the server needs to be shut down for the replacement of the hard disks RAID5 hardware mirroring Dedicated servers with three or more hard disks can be configured in RAID5. The RAID is built using a hardware RAID card in the server. In case of a hard disk failure, the hard disk will be replaced by Telenet. Since the hard disks are hot-swappable and since RAID5 is used (uses redundancy) this does not cause downtime of the server RAID10 hardware mirroring Dedicated servers with four or more hard disks can be configured in RAID10. The RAID is built using a hardware RAID card in the server. In case of a hard disk failure, the hard disk will be replaced by Telenet. Since the hard disks are hot-swappable and since RAID10 is used (uses redundancy) this does not cause downtime of the server Migration to new server The Customer can request a migration to a new server. A migration to a new server is always needed in following cases: Upgrade of Operating System (if in the box upgrade is not possible); Major upgrade of Plesk to newer version; For dedicated servers : upgrade to new hardware (e.g. upgrade from Celeron server to Xeon server); For dedicated servers: replacement of a server with a hardware or software problem (e.g. frequent reboot needed);... The price of the migration consists of the setup price of a new server plus the fee of the intervention (see the Service Agreement Hostbasket Support). The procedure of a server migration is as follows: Telenet sets up the new server, with temporary IP address and clean install of OS; Telenet executes a data restore of the most recent backup on the new server (or the data that is available on the server); The Customer takes care of the installation of applications on the new server (unless for software that is supplied by Telenet); Please initial each page and sign on the last page.) Version 03/11 13/18

14 The Customer takes care of the migration of user accounts, websites, mailboxes, configuration settings and all other data to the new server; If requested by the Customer, the new server replaces the old server (switch of IP address to new server) and the old server is removed. Both servers can coexist for a maximum period of 1 (one) month. Telenet can assist the Customer with the migration process Monitoring Services Standard monitoring Each virtual and dedicated server and each colocation server is monitored 24 hours a day, 7 days a week and 365 days a year using monitoring software. Following services can be monitored: PING (server alive?); Static HTTP (answer on port 80?); POP3 (answer on port 110?); SMTP (answer on port 25?). The tests are performed from the internal network. If a test fails, a monitoring notification is generated within 15 (fifteen) minutes. All notifications are sent directly to the Customer by or SMS (SMS is available on some server plans). Based on the notification, the Customer can take several actions such as restarting a service on the server or rebooting the server using the web based control panels. The Customer can also create a Support Ticket on the hostbasket.com website (see the Service Agreement Hostbasket Support). The Customer can check the status of the monitored services on the MyAccount website Advanced monitoring Advanced monitoring is available on some servers only or as an optional service. The Customer can create one webpage (PHP, ASP ) which will be called every 5 (five) minutes. This page can contain any check which should be performed on the server: Try a query on a database; Check for availability of a certain file; Parsing of a log file;... The Customer is responsible for creating this page (which includes scripting of necessary checks). The page should execute fully within 30 (thirty) seconds and should return STATUS OK or ERROR. If the page does not return STATUS OK, a monitoring notification is generated (identical to notifications for standard monitoring) Performance Statistics Real-time performance statistics are included for bandwidth usage (expressed in Kbit/s or Mbit/s), network errors and hard disk storage. All performance statistics are available through a web interface and are updated in real-time. Optionally, performance statistics are available with information on CPU usage (Linux only) and memory usage (Linux and Windows). For colocated servers, the Customer is responsible for installing an SNMP service which can be configured by Telenet to retrieve Performance Statistics Managed Storage Telenet can offer a scalable storage on a iscsi SAN. The SAN uses RAID-5 and RAID-50 configuration. The LUN will be placed on the RAID configuration depending on the I/O usage of the Customer. The storage can be exposed with an iscsi, SMB, FTP and NFS interface as requested by the Customer. Optionally the storage can be replicated to a second data centre. The replication is done once a night. Please initial each page and sign on the last page.) Version 03/11 14/18

15 2.14 Maintenance and Support From time to time Telenet shall carry out maintenance on its facilities and equipment,which includes changes necessitated by technical developments If a deviation from the Service(s), as normally provided occurs (hereinafter referred to as an "Occurrence"), the Customer will immediately inform Telenet If it shall come to the attention of Telenet, that an Occurrence is caused by the Customer or by a defect in any equipment under the control of or used by or on behalf of a the Customer, Telenet shall notify the Customer thereof and inform the Customer, if possible, on the probable cause of the Occurrence. Promptly upon receipt of such information the Customer shall at its own costs initiate all reasonable measures to correct the defect, which is or may be the cause of the Occurrence If it shall come to the attention of Telenet that an Occurrence is caused by another customer or by a defect in any equipment under the control of or used by or on behalf of other customers, Telenet shall notify such other customers and shall request such other customers at their own costs to take appropriate measures. In no event shall Telenet be liable towards a Customer for such Occurrence caused by such other customers If Clause or applies Telenet may suspend the access of the relevant Customer to the Services until the fault or defect that causes or may cause the Occurrence has been adequately corrected in the opinion of Telenet. In no event shall Telenet be liable for the consequences of such suspension The Customer shall always inform Telenet of any maintenance activities being carried out that may disable, interrupt or otherwise interfere with the Services provided by Telenet. The Customer shall inform Telenet of the start and end time of the maintenance activities. During the Customer s maintenance activities no warranty or guaranty with regard to the Services applies nor does the Service Level Agreement apply The Customer shall provide to Telenet all relevant information necessary for Telenet to provide the Services The Customer must have a working address. Telenet and the Customer shall use this e- mail address for official communication between them, and the Customer must keep the address up-to-date. If the address is not kept up-to-date, the Customer is in breach of these terms and conditions and Telenet may terminate the registration as provided in article 14 of the General Terms and Conditions Contract Period & Invoicing Dedicated servers and colocated servers The Contract comes into effect on the date of signature of this Service Agreement or the date of signature of a Telenet Dedicated Hosting Order Form and remains in effect for so long a Dedicated Hosting Service is supplied to the Customer. Dedicated servers and colocated servers Services have a fixed minimum contract period of 3 (three), or 12 (twelve), or 24 (twenty-four), or 36 (thirty-six) or 48 (forty-eight) months, as laid down in the Order Form. The Party wishing to terminate a Dedicated Hosting Service must serve notice of that wish on the other Party by registered letter at least 1 (one) month before the laps of the then current period. Failing such notice, the Dedicated Hosting Service is tacitly extended for successive periods of the same duration as the initial one laid down in the Order Form. The invoices are sent quarterly, at the beginning of each quarter Flex servers The Contract comes into effect on the date of signature of this Service Agreement or the date of signature of a Telenet Flex server Order Form and remains in effect for so long a Flex server Service is supplied to the Customer. Flex servers have a fixed contract period of 3 (three), or 12 (twelve), or 24 (twenty-four), or 36 (thirtysix), or 48 (forty-eight) months, as laid down in the Order Form. The Party wishing to terminate a Flex server Service must serve notice of that wish on the other Party by registered letter at least 1 (one) month before the laps of the then current period. Failing such notice, the Flex server Service is tacitly extended for successive periods of 1 (one) year each. The invoices are sent quarterly, at the beginning of each quarter. Please initial each page and sign on the last page.) Version 03/11 15/18

16 Dynamic Cloud The Customer can setup or delete new virtual servers in the Dynamic Cloud at any time. The memory, number of CPUs and disk capacity can be upgraded or downgraded at any time. Each day the maximum resources are counted. At the end of the month the invoice is sent based on the resources allocated per day. Allocated Resources The allocated resources are calculated daily. A day starts at 0:00 and runs until 23h59. The resources that will be billed are the maximum allocated resources that day. Example 1 : if a server is upgraded from 1 GB RAM to 3 GB RAM, that day 3 GB is counted. Example 2 : if a server is downgraded from 3GB RAM to 1 GB RAM, that day 2 GB is counted. Inactive Servers Servers are counted as active servers if they are active at least 15 (fifteen) minutes a day. For inactive servers (servers that are powered off) no memory and no CPU resources are counted. Billing Cycle The billing cycle starts at the first calendar day of each month Limited Liability Except in the case of death or physical injury, the amount of compensation and interests which is due by Telenet to the Customer is in any case limited to an aggregate amount of one monthly fee per event or series of related events, with a maximum amount of twelve monthly fees in respect of all events arising in a year Annexes The Addendum Intervention Topic List is an integral part of this Agreement. The Contract has been drawn up in two original copies in Mechelen, on../.. /..., whereby each Party acknowledges having received its copy. on behalf of the Customer Date of signature: on behalf of Telenet Date of signature: Philippe Claes Sales Director Telenet Solutions Division Bart Colson Director Customer Operations Telenet Solutions Division Please initial each page and sign on the last page.) Version 03/11 16/18

17 Service Agreement Hostbasket Support Addendum 1: Intervention Topic List Standard Priority Express Priority Critical Priority Critical 24/7 Priority (only for customers with Premium 24/7 Support Contract) Dedicated Servers Request Manual Server Reboot 2 credits 3 credits 4 credits 5 credits Server down due to hardware failure Free Free Free 5 credits / 15mins (+ hardware replacement and disaster recovery restore) Server down (any reason, no hardware failure 2 credits / 15 mins 3 credits / 15 mins 4 credits / 15 mins 5 credits / 15 mins Request for software installation or upgrade by Hostbasket 2 credits / 15 mins 3 credits / 15 mins N/A N/A Switch IP to hot standby server 2 credits 3 credits 4 credits 5 credits Problem accessing server with VPN/SSH/RDP Free Free Free Free Uploading data from CD/External Hard disk to Server 5 credits N/A N/A N/A Change firewall rules (open/close ports) 2 credits 3 credits 4 credits 5 credits Move server to other subnet/rack 20 credits 20 credits N/A N/A (e.g. Insecure subnet - SSH/RDP enabled on public IP) Migration to a new server Contact Sales Contact Sales N/A N/A Reinstall Operating System on Server (Windows/Linux) Contact Sales Contact Sales N/A N/A Software installation and initial configuration - If licence is purchased with Hostbasket Contact Sales N/A N/A N/A - If licence is NOT purchased with Hostbasket Contact Sales N/A N/A N/A Virtual Servers Server down (any reason, no hardware failure 2 credits / 15 mins 3 credits / 15 mins 4 credits / 15 mins 5 credits / 15 mins Request for software installation or upgrade by Hostbasket 2 credits / 15 mins 3 credits / 15 mins N/A N/A Uploading data from CD/External Hard disk to Server 5 credits N/A N/A N/A Change firewall rules (open/close ports) 2 credits 3 credits 4 credits 5 credits Migration to a new server Contact Sales Contact Sales N/A N/A Reinstall Operating System on Server (Windows/Linux) Contact Sales Contact Sales N/A N/A Software installation and initial configuration Please initial each page and sign on the last page.) Version 03/11 17/18

18 Service Agreement Hostbasket Support - If licence is purchased with Hostbasket Contact Sales N/A N/A N/A - If licence is NOT purchased with Hostbasket Contact Sales N/A N/A N/A Colocation Request Manual Server Reboot 2 credits 3 credits 4 credits 5 credits Problem accessing server with VPN/SSH/RDP Free Free Free Free Physical access to colocation server 2 credits / 15 mins N/A N/A 5 credits / 15 mins Uploading data from CD/External Hard disk to Server 5 credits N/A N/A N/A Change firewall rules (open/close ports) 2 credits 3 credits 4 credits 5 credits Move server to other subnet/rack 20 credits 20 credits N/A N/A (e.g. Insecure subnet - SSH/RDP enabled on public IP) Software Assistance Operating system (Windows & Linux) 2 credits / 15 mins 3 credits / 15 mins 4 credits / 15 mins 5 credits / 15 mins Plesk - Use of Control Panel Free Free N/A N/A Plesk - Support on underlying OS 2 credits / 15 mins 3 credits / 15 mins 4 credits / 15 mins 5 credits / 15 mins Plesk - Migration to other Server with Plesk 2 credits / 15 mins 3 credits / 15 mins 4 credits / 15 mins N/A Response Time 2 Business Days 1 Business Day 1 Business Hour 1 Hour Hourly rate per priority class 2 credits / 15 mins 3 credits / 15 mins 4 credits / 15 mins 5 credits / 15 mins Please initial each page and sign on the last page.) Version 03/11 18/18

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