Hosting and Server Management Solutions for Your Growing Business.

 

DEDICATED SERVER AGREEMENT

 

It is the intent of Globaltap to set-up a server at Globaltap’s Point of Presence (POP) for the exclusive use of the Customer during the term of this agreement.  Globaltap will provide the Server access to Globaltap’s Internet Bandwidth.  Globaltap personnel will be used to set up the Server on our network and to provide system administration assistance as required within the terms of this agreement.

 

The Dedicated Server Agreement will be in force for a period of 6 months commencing on the date the Server is connected and can be cancelled by either party with 30 day written notice and payment of any applicable contract buyout fee.  At the end of those 6 months this contract will renew on a month to month basis with no termination fee.

 

The server will be placed at Globaltap’s Baltimore, MD facility.  In the event that Globaltap requires that the equipment be moved from that location to another Globaltap facility, Globaltap will cover the cost of such relocation.  Please be aware that there could be downtime during this transition.

 

The above considerations are dependent on the following stipulations:

 

I.         Globaltap is not responsible for damage to the Customer's data beyond that of reasonable care and/or any stipulations in Globaltap’s facility and contents insurance. 

 

II.       Globaltap is not responsible for any loss or damage, or any losses caused as a result of the network being unavailable, or access to the server not being available.

 

III.      Globaltap will provide maintenance service at any hour as deemed necessary.  Client has the choice of providing his or her own support, or purchasing support on a 15 minute minimum basis from Globaltap.  After hours emergency maintenance service will be provided as requested.  Globaltap will rectify any problems at no charge if problems are the result of a Globaltap problem.  If a Customer problem, Globaltap will charge for service at our hourly rate.  Globaltap will make every effort to accommodate emergency service.  Emergency service is on a first come first served basis.  General administrative duties (updating necessary software and security features) will be provided at a rate described later in this document and are not considered emergencies.

 

IV.   Back up of data will be the Client's responsibility.

 

V.     Globaltap will provide IP Address Space as required and justified as part of this agreement.  Each server comes with an allotment of IP addresses, and additional addresses are available upon request.  Please note that IP addresses allocated may not be in sequence or in the same network block.

 

VI.   Customer will not use system for the purposes of accessing other computers on the Globaltap network or the Internet in an illegal manner ("hacking") and will not provide, or allow to be provided, content that is illegal in the United States (e.g. child pornography, pirated software, etc.)  Should the system be used for such purposes without the Customer's knowledge (e.g. by a client of the Customer), Customer agrees to indemnify Globaltap of any liability incurred.  Further, Customer will not engage in distributing, nor allow to be distributed, bulk unsolicited commercial email or newsgroup posts ("spam").

 

Price Schedule:

(current as of July 1st, 2001, subject to change without notice)

 

Setup Charge

$250.00

Additional Bandwidth

$5.00/GB

Additional IP Addresses

$3.00 Monthly

Server Support

$75 Hourly Billed in 15 Min. Units

Weekly Tape Rotation

$30 Monthly

Site Visits (Reboots, etc.)

$40 Per Incident

*NOTE: Additional minimum bandwidth account options are available, if you feel you will be using more bandwidth then the default 10GB per month, please ask us how we can help.

 

Indemnity:

Customer agrees that it will protect, indemnify, save and hold Globaltap harmless from any and all stipulations, arrears, losses, expenses and assertions, as well as rational attorney's fees declared against Globaltap, its representatives, its customers, and administration that may arise or result from any service provided or executed or agreed to be executed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Globaltap against liabilities arising out of any injury to person or property caused by any products sold or distributed in association with Globaltap's services, any material furnished by customer encroaching or supposedly encroaching on the exclusive rights of a third party, copyright violation and any defective products sold to customer from Globaltap's services.

 

Payment Terms:

Payment is due within thirty days of the date on the invoice. Accounts are in default if payment is not received within 10 days of the due date.  If payment is returned to Globaltap unpaid, Customer is immediately in default and subject to a returned check charge of $25 from Globaltap.  Accounts in default are subject to service interruption without notice.  Such interruption does not relieve the Customer of the obligation to pay any outstanding balance.  Accounts in default are subject to an interest charge of the lesser of 1.5% per month, or the maximum rate permitted by law, on the outstanding balance.  The Customer agrees to pay Globaltap its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under this agreement.

 

Parties to the Agreement

                                                                                                                                                           

 

Customer:

 

Globaltap

Name:

______________________

3460 Old Washington Road, Ste 103

Address:

______________________

Waldorf, MD 20602

Phone:

______________________

Ph: 703-930-5528

Fax:

______________________

Fx: 708-575-7454

 

                                                                                                                                                           

Client Authorized Signature                                     Globaltap Authorized Signature

 

                                                                                                                                                           

Signatory's Printed Name                                        Signatory's Printed Name

 

                                                                                                                                                           

Date Signed                                                              Date Signed