DS5000.com
Scranton is proud to offer an exceptional level of
performance, reliability, and service which
provides certain rights and remedies regarding the
performance of the DS5000.com Scranton network. The
DS5000.com Scranton Terms of Service (TOS) guarantees
our network/equipment reliability and performance. This
Terms of Service (TOS) applies to customers of
DS5000.com Scranton's dedicated server and co-location
access services.
Uptime Guarantee.
DS5000.com Scranton strives to maintain a 99.5% network
and server uptime service level. This uptime percentage
is a monthly figure, and is is calculated solely by
DS5000.com Scranton monitoring systems or DS5000.com
Scranton authorized/contracted outside monitoring
services. If DS5000.com Scranton fails to meet it's
99.5% uptime guarantee, and it is not due to one of the
exceptions below, credits will be made available to each
client, upon request, on a case by case basis.
DS5000.com Scranton does not credit a full month's
service for minor downtime. This would not be
financially healthy for DS5000.com Scranton, and in turn
would only negatively affect the service level
DS5000.com Scranton provides to you. "Partial refunds
for partial downtime" is our standard policy. In extreme
circumstances, DS5000.com Scranton may distribute full
month credits, but this is dealt with on a case by case
basis. Details on how credit amounts are calculated can
be found below.
Exceptions. Customer
shall not receive any credits under this TOS in
connection with any failure or deficiency of the
DS5000.com Scranton network caused by or associated
with:
-
Circumstances beyond
reasonable control, including, without limitation,
acts of any governmental body, war, insurrection,
sabotage, embargo, "Acts of God" (ex: fire, flood,
earthquake, tornado, etc.), strike or other labor
disturbance, interruption of or delay in
transportation, unavailability of or interruption or
delay in telecommunications or third party services,
failure of third party software or inability to
obtain raw materials, supplies, or power used in or
equipment needed for provision of the Service Level
Agreement
-
Telco Failure (ex:
Verizon cutting a fiber
line somewhere)
-
Backbone peering point issues
(ex:
UUnet having a router
go down in Virginia that wipes out internet service
for the entire East Coast)
-
Scheduled maintenance for
hardware/software upgrades
-
Hardware failure (faulty
hardware is rare, but cannot be predicted nor
avoided). DS5000.com Scranton utilizes only name
brand hardware of the highest quality and
performance.
-
Software bugs/flaws (Exploits
and bugs may develop that cause security issues or
downtime)
-
DNS issues not within the
direct control of DS5000.com Scranton
-
Network floods, hacks, attacks
from outside parties or individuals
-
Failure or error of any
DS5000.com Scranton monitoring or measurement system
-
Client’s acts or omissions,
including without limitation, any negligence,
willful misconduct, or use of DS5000.com Scranton
service(s) in breach of DS5000.com Scranton
Acceptable Use Policy (AUP), by Client or others
authorized by Client.
Warranties of Customer.
Customer hereby covenants, represents and warrants that:
Customer will not, and will not permit others to, use
any Service(s) (i) for any unlawful or illegal purpose
or in connection with or in furtherance of any unlawful
or illegal activity, (ii) in violation of any applicable
law or regulation, (iii) in a manner that will, or is
likely to, infringe the copyright, trademark, trade
secret or other intellectual property rights of others
or violate the right of privacy, publicity or other
personal rights of others, or (iv) in connection with
any conduct or activity that is, in the sole opinion of
DS5000.com Scranton, defamatory, indecent, obscene,
offensive, threatening, abusive, hateful, tortuous or
volatile of the rights of any other person or entity;
Customer will not, and will not permit others to, do any
act which may interfere with or compromise the security
or functionality of any Service(s), including without
limitation attempting to probe or test the vulnerability
of any system or network connected to or accessible by
the Service(s);No equipment owned, leased, maintained by
or controlled by Customer or by any third party which is
connected to or utilized the Service(s) with the consent
of Customer will (i) interfere with or impair any
Service(s) or any plant, services or facilities of any
Indemnities or of any third party, (ii) unlawfully
interfere with or impair the transmission of privacy of
any data or communications transmitted over the
Service(s) or over any plant, services or facilities of
any Indemnities or of any third party, or (iii) create,
cause or contribute to the creation or causing of a
hazard to any Indemnities or to any third party.
Indemnification.
DS5000.com Scranton reserves the right to suspend,
interrupt or terminate any Service(s) or this Agreement
immediately without further notice in the event of a
breach by Customer of Section 4.2. DS5000.com Scranton
reserves the right to remove, delete, disable or block
transmission of any data or materials which DS5000.com
Scranton reasonably believes constitute, either alone or
in conjunction with other acts, omissions or data or
materials, a breach or potential breach by Customer of
Section 4.2. Customer agrees to defend, indemnify and
hold harmless DS5000.com Scranton, its successors or
assigns, subsidiaries, officers, directors, employees,
agents, independent contractors, licensees, licensors,
suppliers and customers (excluding Customer)
(collectively "Indemnities") against any and all claims,
liability, loss, damage, or harm (including without
limitation reasonable legal and accounting fees)
suffered by such Indemnities (including without
limitation claims, liability, loss, damage, or harm in
connection with death, bodily injury or injury to real
or personal property) arising from or in connection with
(i) Customer's purchase or use of any Service(s),
including without limitation any claims, liability,
loss, damage, harm suffered by such Indemnities arising
from or in connection with the use by any third party of
any Service(s) purchased by Customer regardless of
whether such use was authorized by Customer, or (ii)
Customer's breach of any provision of this Agreement.
Limitation of Liability.
Any other provision of this Agreement to the contrary
notwithstanding, the aggregate liability of all
Indemnities for any losses or damage, whether direct or
indirect, arising out of or in connection with the
Service(s), including without limitation any cause of
action sounding in contract, tort or strict liability,
shall be limited to actual, direct damages incurred but
in no event shall exceed the greater of (i) One Thousand
Dollars, or (ii) the Fees paid by Customer to DS5000.com
Scranton during the two (2) months preceding the month
in which liability arose for the Service(s) in
connection with which such liability arose. DS5000.com
Scranton shall not be liable for lost profits or other
consequential damages, cover damages, or for any claims
against Customer by any third party, even if DS5000.com
Scranton was advised of the possibility of same. Under
no circumstances shall DS5000.com Scranton be liable
hereunder for special damages, consequential damages,
general damages, incidental damages, indirect damages,
or exemplary or punitive damages. No action arising out
of this Agreement, regardless of form, may be brought by
Customer against DS5000.com Scranton more than one (1)
year after the cause of action arose. Without limiting
the foregoing:
Customer acknowledges that DS5000.com Scranton is not
responsible for controlling or monitoring any content,
information, data or other materials stored on,
transmitted via, or accessible through use of, the
Service(s), and DS5000.com Scranton will have no
liability to Customer whatsoever in connection with such
content, information, data or other materials (including
without limitation the accuracy or suitability thereof
or unauthorized access or damage to, alteration, theft,
corruption destruction or loss of, Customer's data or
other materials); DS5000.com Scranton will have no
liability to Customer whatsoever in connection with any
harm or loss arising from or in connection with
unauthorized access to the Service(s); and all
Indemnities are expressly made third party beneficiaries
of this Section 5.
This Section 5 shall survive expiration or termination
of this Agreement for any reason whatsoever.
DS5000.com Scranton and Customer acknowledge that
proprietary and confidential information (including
without limitation trade secrets) (collectively
"Proprietary Information") of each Party may be
disclosed to the other Party throughout the term of this
Agreement. Each Party agrees to not reverse engineer,
decompile, disclose to any third party, or to use for
any purpose not strictly required for such Party's
performance hereunder, such Proprietary Information
except to the extent that such Proprietary Information
was: (i) made publicly available by the owner of the
Proprietary Information or lawfully disclosed by a
non-party to this Agreement; (ii) lawfully obtained from
any source other than the owner of the Proprietary
Information; (iii) independently developed by personnel
of the receiving Party to whom Proprietary Information
had not been previously disclosed and not based on or
derived from such Proprietary Information; or (iv)
previously known to the receiving Party without an
obligation to keep it confidential. Customer will not
contract directly with any subcontractor relationships
that DS5000.com Scranton has under this agreement or are
connected to future services related to this agreement
or that are of the same nature. Anything to the contrary
herein notwithstanding, DS5000.com Scranton may disclose
such information to its successors or assigns,
subsidiaries, officers, directors, employees, agents,
independent contractors, licensees, licensors and
suppliers which have signed and are bound by a suitable
non-disclosure agreement with DS5000.com Scranton in
order for DS5000.com Scranton to perform the service in
this contract. The obligations set forth in this Section
6 shall survive the termination of this Agreement for
any reason whatsoever for a period of three (3) years;
provided, however, that, with respect to Proprietary
Information which constitutes a trade secret, the
obligations set forth in this Section 6 shall survive
the termination of this Agreement for any reason
whatsoever for so long as such Proprietary Information
constitutes a trade secret under applicable law.
Force Majeure.
If either Party shall be prevented from performing any
portion of this Agreement (except the payment of money)
by causes beyond its control, including labor disputes,
civil commotion, war, governmental regulations or
controls, casualty, inability to obtain materials or
Service(s) or acts of God, such Party shall be excused
from performance for the period of the delay and the
time for such Party's performance shall be extended for
a period of time equal to the duration of such delay.
Construction, Venue, Jurisdiction. This Agreement and any claim, action, suit, proceeding or dispute
arising out of or in connection with this Agreement
shall in all respects be governed by, and interpreted in
accordance with, the substantive laws of the State of
Georgia. Venue for any actions arising under this
Agreement shall vest exclusively in courts located in
the State of Georgia. Customer hereby submits to the
jurisdiction of the aforementioned courts, and agrees
that it will not assert lack of personal jurisdiction as
a defense to any such action. Customer acknowledges that
their attorney has reviewed and participated in the
construction of this document and nothing herein shall
be viewed as to have favorable construction.
Waiver.
No waiver of any right or remedy shall be valid unless
in writing and delivered to the other Party, and waiver
of a right or remedy on one occasion by a Party shall
not be deemed a waiver of such right or remedy on any
other occasion.
Connectivity.
DS5000.com Scranton's goal is to make the our network
available to Clients free of outages for 99.5% of the
time. An "outage” is defined as an instance in which
Client is unable to transmit and receive IP packets due
to a DS5000.com Scranton service failure for more than
15 consecutive minutes, excluding service failures
relating to DS5000.com Scranton's scheduled maintenance
and upgrades. The DS5000.com Scranton network does not
include client premises equipment or any Telco access
facilities connecting Client's premises to such
infrastructure. DS5000.com Scranton's goal is to keep
Average Round-Trip Latency on the DS5000.com Scranton
network to 85 milliseconds or less. DS5000.com Scranton
defines “Average Round-Trip Latency”, with respect to a
given month, as the average time required for round-trip
packet transfers between the DS5000.com Scranton network
and major US backbone peering points during such month,
as measured by DS5000.com Scranton. DS5000.com
Scranton's goal is to keep Average Packet Loss on the
DS5000.com Scranton network to 1% or less. DS5000.com
Scranton defines “Average Packet Loss”, with respect to
a given month, as the average percentage of IP packets
transmitted on the DS5000.com Scranton network during
such month that are not successfully delivered, as
measured by DS5000.com Scranton.
Measurement.
DS5000.com Scranton will periodically (on average every
5 minutes) monitor DS5000.com Scranton network and
server availability using software and hardware
components capable of measuring application traffic and
responses. Client acknowledges that that such
measurements may not measure the exact path traversed by
Client’s internet connection, and that such measurements
constitute measurements across the DS5000.com Scranton
network but not other networks to which Client may
connect. DS5000.com Scranton reserves the right to
periodically change the measurement points and
methodologies it uses without notice to Client. Full
network and server reporting will be posted to a
location designated by DS5000.com Scranton and made
available to Client.
Hardware Failure.
DS5000.com Scranton stands behind all equipment on our
network. Faulty hardware is rare, but cannot be
predicted nor avoided. DS5000.com Scranton utilizes only
name brand hardware of the highest quality and
performance. DS5000.com Scranton will replace all faulty
hardware affecting performance levels of equipment
within 48 hours, which includes hardware issues that
cause server crashes or speed issues. Hardware failure
resulting in complete network/server outage/downtime
will be corrected within two hours of problem
identification. Router failure is an exception to this
TOS guarantee, and may require on-site Cisco engineers
or backbone provider emergency personnel to correct the
problem. Router failure is governed by current
DS5000.com Scranton contracts with Cisco and backbone
providers in regard to the emergency repair service in
case of such an issue. DS5000.com Scranton will replace
all faulty hardware on dedicated servers (rented or
leased servers), at no charge to the Client, with an
unlimited free replacement policy. This includes parts
ordered as upgrades. DS5000.com Scranton will replace
all faulty hardware on all non-purchased dedicated and
wireless access customer premise equipment, at no charge
to the Client, unless equipment has been tampered with,
or damage is caused by direct neglect/action(s) of
Client.
Credits. Each request
in connection with network/server outages/downtime must
be received by DS5000.com Scranton within five days of
the occurrence. Each request in connection with Average
Round-Trip Latency or Average Packet Loss in a calendar
month must be received by DS5000.com Scranton within
five days after the end of such month. The total amount
credited to a Client for DS5000.com Scranton not meeting
TOS service levels will not exceed the service fees paid
by Client DS5000.com Scranton for such services for the
period in question. Each validly requested credit will
be applied to a Client invoice within 30 days after
DS5000.com Scranton's receipt of such request. Credits
are exclusive of any applicable taxes charged to Client
or collected by DS5000.com Scranton. Upon Client’s
request (in accordance with the procedure set forth
below), DS5000.com Scranton will issue a credit to
Client for network/server outages/downtime occurring
during any calendar month that are reported by Client to
DS5000.com Scranton and confirmed by DS5000.com
Scranton's measurement reporting. Such credit will be
equal to one day’s worth (1/30th) of the monthly fees
paid by Client, (for all service fees paid if network
outage, or specific affected service fees paid if
individual server downtime) multiplied by each hour (or
portion thereof rounded to nearest next hour) of the
cumulative duration of such outage/downtime. If Average
Round-Trip Latency on the DS5000.com Scranton network
for a calendar month exceeds 85 milliseconds, then upon
Client's request, DS5000.com Scranton will issue a
credit to Client equal to six day's worth (1/5th) of the
monthly service fees paid by Client for such month. If
Average Packet Loss exceeds 1% during a calendar month,
then upon Client’s request, DS5000.com Scranton will
issue a credit to Client equal to six day's worth
(1/5th) of the monthly service fees paid by Client for
such month.
General. DS5000.com
Scranton reserves the right to change or modify this TOS
to benefit the Client, and will post changes to location
currently housing this TOS at time of modification,
which will be made available to Client. Except as set
forth in this TOS, DS5000.com Scranton makes no claims
regarding the availability or performance of the
DS5000.com Scranton network or servers. Specific
terms/points of this TOS may be adjusted on a case by
case basis by the specific Service Agreement
signed/agreed by client. In case of difference
terms/points in TOS and Service Agreement, the Service
Agreement terms/points prevail over this general TOS
policy. The Service Agreement signed/agreed by client,
is above and beyond this TOS, and Service Agreement
terms are in affect, including, but not limited to,
limitations of liability.
Performance.
DS5000.com Scranton agrees to provide and customer
agrees to purchase the services requested by customer
from the website, in email or in writing. Customer may
add services via any of the 3 methods and agrees to pay
in advance for them whether they be 1 time charges or
recurring monthly fees.
Changes.
No changes to this agreement shall be binding except
those in writing counter-executed by both parties.
Deviations in pricing shall be agreed to in writing.
Email confirmed by both parties shall suffice.
Invoices, Payment.
DS5000.com Scranton will invoice Customer for Fees and
Expenses monthly; provided, however, that DS5000.com
Scranton may invoice Customer for Fees and Expenses
associated with Service(s) provided pursuant to a
customer request immediately upon DS5000.com Scranton's
provision of such Service(s). Customer acknowledges that
DS5000.com Scranton will invoice certain Service(s)
(including without limitation telecommunications
services) in advance of the provision of such Service(s).
Payment shall be due immediately upon the invoice date
for recurring monthly services whether or not customer
has received an invoice yet or not. Invoices which
remain unpaid fifteen (15) days after receipt of same by
Customer shall accrue interest at a rate of one and a
half percent (1.5%) per month (or at the maximum
interest rate otherwise allowed by law) until paid in
full and service may be terminated for non payment after
7 days at DS5000.com Scranton option. Expenses shall be
included on an invoice only to the extent that the
actual amount of Expenses is known to DS5000.com
Scranton at the time the invoice is issued, and Expenses
for which an actual amount is not known to DS5000.com
Scranton at the time an invoice is issued may be
included on subsequent invoices. Unless otherwise agreed
in writing by the Parties, the failure of DS5000.com
Scranton to include earned or incurred Fees or Expenses
on a given invoice shall not relieve Customer of its
obligation to pay such Fees or Expenses. Customer's
obligation to pay Fees or Expenses shall survive the
termination of this Agreement for any reason
whatsoever.
Bandwidth Overages.
Customer agrees that advertised bandwidth allowances
represent the sum of the incoming and outgoing
allowances, such that the incoming bandwidth allowance
is half of the advertised value and the outgoing
bandwidth allowance is half of the advertised value.
Customer agrees that bandwidth usage that exceeds the
allowance either incoming or outgoing shall be billed at
$1.95 per Gigabyte or in blocks of 100GB for $45.00.
Security Interest.
Customer grants DS5000.com Scranton a blanket security
interest in the customer's contract with their customers
who are renting servers from them in the DS5000.com
Scranton data center in the event of non-payment by
customer - customer agrees that DS5000.com Scranton may
take these customer contracts direct without a
interference claim to protect the credit balance owed
DS5000.com Scranton by customer and full ownership of
the contracts shall transfer as well if balance is more
than 60 days old.
Term.
The term of this Agreement shall begin upon the date the
server is installed and made available to customer and
shall be for 1 month and shall renew for successive 1
month terms until terminated by either Party upon the
sooner of (i) thirty (30) days prior written notice to
the other Party, or (ii) the expiration or termination
of all Service(s) set forth in the Statement of Work and
all Work Order(s).
Termination Due to Breach.
In the event that Customer commits a material breach of
any of its obligations hereunder, DS5000.com Scranton
may terminate this Agreement or (at DS5000.com
Scranton's sole option) suspend, interrupt or terminate
one or more Service(s) to which such breach pertains by
sending written notice of termination to Customer with
termination effective as of the fifth (5th) calendar day
after the date such notice is given.
Effects of Termination.
Unless the Parties agree otherwise in writing,
termination of the Agreement shall also serve to
terminate all Service(s) and Statements of Work and to
cancel all Work Orders, and Customer shall pay
DS5000.com Scranton all Fees and Expenses earned or
incurred by DS5000.com Scranton pursuant to such
Service(s), Statements of Work and Work Orders through
the date of termination, less any payments made
hereunder by Customer prior to said termination.
Additionally, all property of each Party which is in
possession of the other Party shall be returned to its
owner. In the event one or more Service(s) is terminated
prior to the expiration of the Term for such Service(s)
(other than due to a material breach of this Agreement
by DS5000.com Scranton.
Integration.
This Agreement, including all referenced or attached
exhibits, schedules, attachments or documents, sets
forth the entire agreement and understanding between the
Parties pertaining to their subject matter and
supersedes all prior or contemporaneous discussions,
agreements, promises or understandings between the
Parties. Neither Party shall be bound by any conditions,
definitions, warranties, understandings or
representations with respect to such subject matter
other than as expressly provided in this Agreement.
Superior Agreement.
This Agreement shall not be supplemented or modified by
any course of dealing or trade usage. Addition to or
variance from the terms and conditions of the Agreement
by Customer, including without limitation any additional
or varying terms contained in Customer's preprinted
forms, correspondence or other documents transmitted to
DS5000.com Scranton, shall be of no effect, unless
otherwise expressly provided in the Agreement.
Assignment.
This Agreement is not assignable by Customer, in whole
or in part, voluntarily or involuntarily, including by
operation of law or by merger in which Customer does not
survive, without DS5000.com Scranton's prior written
consent. Any attempted assignment without DS5000.com
Scranton's written consent shall be null and void.
Notice.
Unless otherwise agreed to by the Parties, all notices
required under the Agreement shall be delivered in
writing, addressed and sent to the address provided
herein and to the attention of the Party executing the
Agreement or the person's successor, by either (i)
registered mail, (ii) certified mail, return receipt
requested, or (iii) overnight mail, or (iv) by telephone
facsimile transfer (v) email that is replied to as
accepted - appropriately directed to the attention of
the Party executing the Agreement or that person's
successor. Unless otherwise agreed to by the Parties,
all notices required under the Agreement shall be deemed
effective when received.
Severability.
If any provision of the Agreement is held invalid,
illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall remain
in full force and effect.
Counterparts.
This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original and all of
which taken together shall constitute one and the same
Agreement.
Acceptance.
Payment of customer of the first month’s fees shall
constitute acceptance of this agreement. This agreement
shall be modified from time to time by DS5000.com
Scranton and the then current version shall be posted on
the DS5000.com Scranton website. If customer does not
agree to the new terms - customer should cease utilizing
the services at the next term.
If you are terminated due to a violation of our terms of
service you agree that you will not receive any partial
refunds and that this shall be considered a reasonable
estimate of the liquidated damage and not a penalty.
DS5000.com SCRANTON
MANAGED SERVICES DEFINITION & BACKUP POLICY
Software .
Operating System: DS5000.com Scranton will perform the
initial installation and test of any supported operating
system, at no additional cost. DS5000.com Scranton supported
operating systems currently include: Red Hat Linux 7+,
FreeBSD 4+, Mandrake Linux 7+, and Windows Server 2003.
DS5000.com Scranton will install and test, with customer
permission, any and all operating system security and
functionality patches, upon customer request, for DS5000.com
Scranton supported operating systems. Re-installation of any
server, for reasons other than hardware failure or
hacked/compromised software, will be billed at a rate of
$78/hour. DS5000.com Scranton will assist with
troubleshooting and repairing basic operating system
problems for supported operating systems. This includes
basic advice on functionality and use of the supported
operating systems. Support may be limited in regards to
custom operating system configurations, for those clients
choosing not to utilize cPanel (or operating systems that do
not support cPanel), for configurations that cPanel would
have pre-installed/pre-configured, if the client would have
chosen to install cPanel.
cPanel: DS5000.com Scranton will
perform the initial installation and test of the cPanel
software for any server ordered with such. If a managed
server includes cPanel, DS5000.com Scranton will support,
free of charge, cPanel related problems and issues. This
includes, but is not limited to, support of basic cPanel
functions (ie: adding/removing accounts, dns functions,
backup management, etc…) and limited support of cPanel-installed
3rd party software (ie: proftpd, pureftpd, mailman, agora).
DS5000.com Scranton will not provide support regarding
cPanel, or any of its’ 3rd party software inclusions,
regarding issues of software bugs or failure, and such
issues should be brought to the attention of the software
vendors directly for support.
Hardware.
Maintenance and Replacement: If
any hardware component on a DS5000.com Scranton supplied
server fails, we will replace it free of charge, within
timeframes specified in the Terms of Service (TOS). All
operating systems, supported and non-supported, as well as
software installed prior by DS5000.com Scranton, will be
re-installed at no additional cost to the client, in the
case of failed hardware. For information regarding system
restoration beyond the operating system and software, please
see the section in the document entitled “Data
Recovery/Backups”.
Hardware Upgrades: Information
on installation/setup fees and/or monthly fees for hardware
upgrades is available by viewing your server package at:
http://dedicated.ds5000.com and locating
the add-ons for that server. Upgrading hard drives to a
different size or type of drive, requiring the transfer of
data and/or operating system and software re-installation,
will be billed at a rate of $78/hour.
Data Recovery/Back-ups.
Hardware Failure: DS5000.com
Scranton always recommends purchasing a backup drive/service
with any and all servers. All operating systems, supported
and non-supported, as well as software installed prior by
DS5000.com Scranton, will be re-installed at no additional
cost to the client, in the case of failed hardware. If a
backup drive exists, and the client was performing their own
backups without DS5000.com Scranton or cPanel supplied
backup software enabled on the backup drive, DS5000.com
Scranton will re-install the operating system and software
previously installed by DS5000.com Scranton, on a new hard
drive, and attempt to leave the backup drive and/or
defective drive in place for the customer to
retrieve/restore data. If a backup drive exists, and
DS5000.com Scranton or cPanel supplied backup software was
enabled on the backup drive, DS5000.com Scranton will
re-install the operating system and software previously
installed by DS5000.com Scranton, on a new hard drive, and
will assist with restoration of the cPanel and/or user data.
DS5000.com Scranton cannot guarantee full or even partial
recovery of data from a failed drive, but will work to the
limit of their abilities to restore data from the failed
hardware. If a backup drive does not exist in the server,
DS5000.com Scranton will re-install the operating system and
software previously installed by DS5000.com Scranton, on a
new hard drive, and attempt to leave the defective drive in
place for the customer to retrieve/restore data.
Software Failure and
Hacked/Compromised Operating Systems: DS5000.com
Scranton always recommends purchasing a backup drive/service
with any and all servers. All operating systems, supported
and non-supported, as well as software installed prior by
DS5000.com Scranton, will be re-installed at no additional
cost to the client, in the case of a server suffering
software bugs or operating system compromise. If a backup
drive exists, and the client was performing their own
backups without DS5000.com Scranton or cPanel supplied
backup software enabled on the backup drive, DS5000.com
Scranton will re-install the operating system and software
previously installed by DS5000.com Scranton, on a new hard
drive, and attempt to leave the backup drive and/or
bug-ridden/compromised drive in place for the customer to
retrieve/restore data. If a backup drive exists, and
DS5000.com Scranton or cPanel supplied backup software was
enabled on the backup drive, DS5000.com Scranton will
re-install the operating system and software previously
installed by DS5000.com Scranton, on a new hard drive, and
will assist with restoration of the cPanel and/or user data.
DS5000.com Scranton cannot guarantee full or even partial
recovery of data from a bug-ridden/compromised drive, but
will work to the limit of their abilities to restore data
from the bug-ridden/compromised system. If a backup drive
does not exist in the server, DS5000.com Scranton will
re-install the operating system and software previously
installed by DS5000.com Scranton, on a new hard drive, and
attempt to leave the bug-ridden/compromised drive in place
for the customer to retrieve/restore data.
General. Monitoring:
DS5000.com Scranton will monitor a single port on each
server, to verify that the server is operational. The
default port that is monitored is HTTP (Port 80), however,
on servers that do not respond to such, monitoring is
performed via another port. Available monitoring ports are
HTTP, SMTP, FTP, and PING. The customer may request that a
specific port is monitored, rather than the DS5000.com
Scranton default selection. Monitoring of multiple ports may
be available at an additional cost. If a server fails to
respond to the monitored port, DS5000.com Scranton will
attempt to check the status of the server via another port.
DS5000.com Scranton will automatically reboot servers that
fail to respond after a second tested port fails. If the
second tested port responds properly, DS5000.com Scranton
will attempt to log into the server to restore/restart
service on the initial failed port that was being monitored.
It is the client’s responsibility to update DS5000.com
Scranton any time that the root password is changed on a
server, otherwise DS5000.com Scranton will be unable to
restore/restart failed monitored services automatically, and
will not be held liable for failing to do such.
The following services are not
included in DS5000.com Scranton managed support, however,
are available as “Abnormal Support” billed at a rate of
$78/hour:
1. Non-supported operating system
installation/configuration/troubleshooting.
2. Operating system reinstallation, for reasons other than
failed hardware or hacked/compromised software.
3. Custom software installation: DS5000.com Scranton may, at
their discretion, assist with custom 3rd party software
installation; however, the software will not be supported
past installation.
4. Upgrading hard drives to a different size or type of
drive, requiring the transfer of data and/or operating
system and software re-installation.
5. Any and all work performed for non-managed and/or
co-location clients.
Contact DS5000.com for any
item/service not explicitly detailed at
dedicated@ds5000.com. |
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