DNI/We Manage Servers 13 Cowpath Denver, PA Phone: FAX:
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1 DNI/We Manage Servers 13 Cowpath Denver, PA Phone: FAX: SERVICES AGREEMENT This Service Agreement is entered into between We Manage Servers (WMS) and. (Client). This agreement must be signed and accepted with payment by We Manage Servers within 30 days of the issue date in order to be valid. Price, special offerings, and options do vary. SPECIFICATIONS Issue Date: Term: Activation: Type of Service: Support: ( JRW ) 12 months 1 business day from signature and payment date Server Hardening, admin, patching, etc. Telephone support from 8:00 AM to 5:00 PM EST M-F support@wemanageservers.com D.N.I. Contact: Jake Winemiller jake@dynamicnet.net SERVICE SPECIFICATIONS (Managed Service Terms) The client is contracting Dynamic Net to provide the following service: 6 hours standard server admin time (to be used toward initial review and optimization of load distribution between 2 Linux servers in an H-sphere 3.2 cluster, along with other secondary admin needs) Complete System Hardening for two H-sphere 3.2/Linux Servers (to be completed after server load distribution issues are resolved). Bi-weekly Server Security Patching on hardened H-sphere/Linux servers (includes OS, security, hardening, and H-sphere updates). 12 hours annual admin time to be used as needed. Daily Security Log Review Service on 2 H-sphere 3.2/Linux servers. DNI GSS on 2 H-sphere3.2/Linux servers. Server Monitoring PRICING Server admin time is priced at $500 per 6 hour pre-purchased block (normally $100 per hour). Server hardening is performed at the one time discounted rate of $150 per server. Server Security Patching and admin bundle for 2 H-sphere 3.2/Linux servers (includes 12 hours annual admin time and server monitoring, as needed) will be provided for an investment of $230 per month and billing begins 30 days after hardening completion. Security Log Review with DNI GSS service for 2 H-sphere 3.2/Linux servers will be provided for $200 per month and billing begins upon hardening completion. All Admin time is used in 15 minute increments and additional time can be purchased as needed at the standard rate of $100 per hour or $500 per 6 hour block of pre-purchased time. PAYMENT TERMS Total of $800 (6 hours admin time plus Server Hardening) is due at commencement of contract. Server patching and admin bundle billing begins 30 days after hardening completion at the rate of $230 per month. Security Log Review with DNI GSS is billed at the monthly rate of $200, beginning immediately upon hardening completion. Commitment term for this agreement is 12 months.
2 PAYMENT INFORMATION Our firm will be paying for products and services rendered in the following method 1) Corporate or personal credit card Card Type Name as on card Card # Expiration date Billing Address for Card: Billing Phone # for Card: TECHNICAL SUPPORT INFORMATION Please complete the following: These are the individuals that you are designating to make changes on your server. Please note that we will not take any direction from or contact individuals not listed here (please attach any additional contacts beyond this one, if desired). Please be sure to enter the data below as clearly and accurately as possible. The address given in this section will be used as the primary point of contact for all technical information and will also be used to create your identity in our ticketing system, which helps streamline projects and allow support to give you the best assistance possible. Name: Company Name: Domain: Phone: Fax:
3 CO-PARTY AGREEMENT OF SPECIFICATIONS, TERMS, AND CONDITIONS Offered By: Dynamic Net, Inc. 13 Cowpath Denver, PA FAX Accepting Party: Name: Company: Address: Phone: Sign Print Date (Please read and initial the below terms and agreements.) We Manage Servers Standard Terms and Conditions (1) Term of Service: This agreement is considered a one time contract unless term commitment is specified on page one. Termination of recurring contracts after contracted term requires 30 days advance written (physical or electronic) notice. (2) Service Activation: Under this agreement service begins as of the beginning date shown on the face of this agreement, but project start dates must be scheduled and agreed upon by both parties. (3) System-Level Support-Not Covered: We Manage Servers is not responsible for repairs necessitated by customer alteration of the operating system. We Manage Servers shall not be liable for delay in furnishing or failure to furnish service if such delay is caused by forces beyond the reasonable control of We Manage Servers
4 (4) Limitations of Liability: In no event shall We Manage Servers be liable for damages resulting from loss of data, profits or for any incidental or consequential damages that exceed the charges paid by the customer hereunder for this contract, even if advised of the possibility of such damages, This agreement shall be interpreted under and pursuant to the laws of the State if Pennsylvania. (5) Best Efforts: Client and We Manage Servers agree to use their best efforts and cooperate in the performance of this Agreement (6) Agency: Client and We Manage Servers agree that this Agreement is not intended to create any agency relationships of any kind; and both agree not to contract any obligations in the name of the other party and not to use each other's credit in conducting any activities under this Agreement. (7) Trademarks: We Manage Servers may include Client's name and contact information in directories of We Manage Servers service subscribers for the purpose promoting the use of the service by additional potential clients. However, We Manage Servers is not authorized to use Client's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of Client. (8) Mutual Indemnification: Client/We Manage Servers agrees to indemnify and hold Client/We Manage Servers harmless from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by We Manage Servers as a result of any activities conducted by Client. Client and We Manage Servers will promptly notify each other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph shall survive indefinitely the termination of this Agreement. (9) Waiver: Either party's waiver of, or failure to exercise, any right provided for in this Agreement shall not be deemed a waiver of any future right of this agreement. (10) Successors and Assigns: This Agreement shall be binding on the parties, and on their successors and assigns, without regard to whether it is expressly acknowledged in any instrument of succession or assignment. (11) Captions: The captions of each paragraph of this Agreement are inserted solely for the reader's convenience, and are not to be construed as part of the agreement. (12) Amendment: This Agreement constitutes the entire Agreement between the parties, and supersedes all prior writings or oral agreements. This Agreement may be amended only by writing clearly setting forth the amendments and signed by the party against whom enforcement is sought. (13) Notices: Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed. (14) Severability: Should one or more clauses of this agreement be held invalid under the laws of Pennsylvania or the United States, the remaining clauses shall remain in effect as a whole and binding contract.
5 (15) As a company policy, DNI/WMS cannot perform work for companies directly or indirectly (ex.- through resellers) hosting or supporting the adult (or hate) industry. DNI/WMS reserves the right to cease services at any time if this policy must be enforced. (16) Confidentiality. All information disclosed by DNI/We Manage Servers to the Customer is Confidential Information and (1) shall remain the exclusive property of We Manage Servers, (2) shall be used by the Customer only for the Purpose set forth above, and (3) shall be protected by the Customer. Confidential Information shall constitute all information concerning We Manage Servers (whether prepared by We Manage Servers, its representatives, advisors or others), whether furnished before or after the date of this Agreement and regardless of the manner in which it is furnished and includes, without limitation, any ideas, technical data and concepts, formula, pattern, program, method, technique, process, design, or hardware configuration information which derives independent economic value or commercial advantage, actual or potential, for not being generally known to the public or to the other persons who can obtain economic value from its disclosure or use and is subject to efforts that are reasonable under the circumstances to maintain its secrecy. The Company agrees that access to Confidential Information will be limited to those employees or other authorized representatives of the Customer who need to know such Confidential Information in connection with their work related to this Agreement. The Customer further agrees to inform such employees or authorized representatives of the confidential nature of Confidential Information and agrees to take all necessary steps to ensure that the terms of this Agreement are not violated by them. (17) Support Ticket Service Requests: As a pre-existing client, you will have access to our support ticket system and can also open/reply to tickets by ing support@dynamicnet.net or support@wemanageservers.com. By opening a ticket to request assistance, service, or ask consulting questions, you are authorizing our support team to assist you with those needs. If those needs are outside of your contracted services or one time management requests, you may be requesting per-incident server management time, which is billed to your account at the rate of $25 per 15 minutes of work performed. (18) Server Management Refund Policy: Refunds for contracted managed services, contracted managed services not yet rendered, and associated products are completely at the discretion of Dynamic Net Inc. If the situation is such that DNI considers a refund of some form appropriate, fees (such as processing fees, services rendered, consulting, etc.) may be deducted from the total refund.
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