GridZones Dedicated Server Agreement

Dedicated Hosting Services

GridZones provides the use of secure, reliable, state-of-the-art co-location facilities and internet access in Seattle ("Premises"). The servers used for the Services will be situated in a secure, locked equipment cabinet contracted by GridZones within these facilities. Infrastructural equipment is owned and operated by GridZones. This includes a secure firewall/router, high speed ethernet switch, terminal server, tape backup system, administrative server, Un-interruptible Power Supply and various other equipment as needed to support general operations and administration.

It is the intent of GridZones to set-up a dedicated server at the Premises for the exclusive use of Client during the term of this agreement. GridZones will provide the Server access to GridZones; Internet Bandwidth. GridZones personnel will be used to connect the Server on our network and to provide system administration assistance, as required, within the terms of this agreement.

This document shall comprise a complete and binding agreement between Client and GridZones only upon execution by GridZones and Client of a Dedicated Server Schedule pertaining to the Premises in which GridZones has a leasehold interest. The Dedicated Server Schedule, and any amendments thereto, when dated and subscribed by Client and GridZones shall incorporate the terms and conditions of this Agreement. In the event of any conflict or inconsistency between this Agreement and the terms set forth in this Dedicated Server Schedule, terms of the Dedicated Server Schedule shall in all cases prevail.

The Dedicated Server Agreement will be in force on a month to month basis commencing on the date the Server is connected.

The server will be placed at the Premises described above. In the event that GridZones requires that the equipment be moved from that location to another GridZones facility, GridZones. will cover the cost of such relocation. Such cost to be limited to the actual costs of physically moving the hardware only. Client agrees that there could be downtime during this transition.

The above considerations are dependent on the following stipulations:

  1. GridZones 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.
  2. GridZones 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 GridZones. After hours emergency maintenance service will be provided as requested. There is 1 free support hour, per month, included in this contract. During scheduled and emergency maintenance periods, Client understands the Services may be unavailable. Client agrees to cooperate with GridZones during the scheduled and emergency maintenance periods.
  3. GridZones will attempt to correct any outage, at no charge, if the result of a GridZones problem. If Client caused an outage, which requires GridZones assistance, normal hourly rates apply. GridZones 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.
  4. GridZones is providing the Services solely for Client's use and is not under any obligation to monitor or police such use. Client will be the primary operator and will obey and adhere to all applicable laws, rules, regulations, and guidelines concerning use of the Services in all circumstances.
  5. Client has read, understands and agrees to GridZones' Terms of Services Agreement:
  6. GridZones will provide to Client the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the "Bandwidth Services"), as specified in Table 2 of Exhibit B (as amended by the parties from time to time). GridZones will provide Bandwidth Services in accordance with this Agreement, including the Service Level Agreement contained herein. GridZones will have the right, but not the obligation, without prior notice, to monitor online conduct and communications, in order to verify compliance with this Agreement and applicable law. The security for transmissions made using the Bandwidth Services is the responsibility of Client. Client's sole remedy for any interruption of Bandwidth Services will be to receive refunds in accordance with the Service Level Agreement.
  7. Use of the Services is at Client's sole risk. GridZones is not responsible for files and data residing on Client's account or server(s). Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on GridZones servers