Terms and Conditions

Rates

Rates or Service fees are set forth in the Service Quotation and reiterated in Exhibit A.

Pricing and Policy Changes

In the event of a price or policy change, the Client is subject to the price or policy change upon expiration and/or renewal of their agreement. In the case of changes made to ensure lawful operation, these changes may occur at any time with notice issued from Red Anvil to Client. Our policies are non‐negotiable.

Payment

Client agrees to pay all fees set forth in this agreement. Fees shall be invoiced at the agreed upon billing interval set forth in EXHIBIT A and payment in US currency shall be due Net 30 days from issuance date of invoice. Service initiated partway through a month shall be invoiced to Client at a pro‐rated scale equal to the percentage of the remainder of the month.

Default

Upon default by Client, Red Anvil may suspend or terminate service during or after action to recover sums. A monthly service charge of 1.5% will accrue on all outstanding balances which are 30 days or more overdue. Client shall not be deemed in default of the Agreement such that Red Anvil may exercise its default rights until both (i) Red Anvil has delivered to Client written notice of the nature of the default in reasonable detail and (ii) Client has not cured such default within thirty (30) days after receipt of such notice.

Service Level Agreement

General

Red Anvil warrants that all Red Anvil‐provided services will be in good working order and will conform to the Red Anvil service specification (see Exhibit A in contract). Red Anvil will not be held liable for any loss of revenue, opportunities or increased costs to the Client. Red Anvil is not responsible for the operation or maintenance of networks, equipment or software not provided, operated or maintained by Red Anvil. Red Anvil will not be responsible for the transmission or receipt of information by equipment or software not provided, operated or maintained by Red Anvil.

Network Guarantee

Red Anvil warrants that all Red Anvil provided Network Services will be in good working order and will conform to Red Anvil service specification. Red Anvil guarantees 99.99% uptime of all Network Services, excluding Scheduled Maintenance. If Client does experience downtime over the course of a month, for each cumulative hour of downtime that exceeds 5 minutes (0.01% of a month) Client shall be entitled to a reimbursement in the form of a discount on the following month’s service charges. The discount is equivalent to one day of service fees for the affected service per hour of outage. Downtime for Network Services is defined as an inability to transmit and receive data across the provided network service.

Infrastructure Guarantee

Red Anvil guarantees that the critical infrastructure systems (AC power and HVAC) will be available 100% of the time in a given month, excluding Scheduled Maintenance. If Client does experience a power or cooling outage, for each cumulative hour of outage over the course of a month, Client shall be entitled to a reimbursement in the form of a discount on the following month’s colocation service charges equivalent to one day of colocation services fees. This guarantee includes all data center power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on Client‐supplied or Client‐owned equipment. Unmanaged Client equipment is not eligible for this guarantee if equipment does not have N+1 power supply capability or if Client exceeds subscribed power.

Managed Services Guarantee

Red Anvil guarantees the functioning of all Red Anvil–supplied virtual machines, physical machines and hardware components and will replace or repair any failed component at no cost to the Client. Repair or replacement will begin once Red Anvil identifies the cause of the problem. Device or machine restoration is guaranteed to be complete within 1 day of problem identification. In the event that it takes Red Anvil more than 1 day to replace faulty hardware or supply an alternate virtual machine, the occurrence will be treated as downtime as defined above in the Infrastructure Guarantee. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under managed device services. This guarantee excludes the time required to rebuild a disk array, SAN or cluster. Managed Services downtime exists when a particular system is not functioning to specifications listed in the inclusions portion of the Managed Services section below. The incident start time for SLA purposes is determined by either the Red Anvil monitoring system logs, server logs or Client ticket submission in the Red Anvil trouble ticket system, whichever is earliest. Restoration occurs when the service is once again useable by Client.

Managed Services Definition

• Server Hardware Support ‐ Inclusions
• CPU, disk and interface utilization: Monitored and reported in Net Forge
• Hardware failure replacement/repair
• Server Software Support ‐ Inclusions
• MS OS Patching: All normally‐scheduled patches will be applied, as will emergency released patches
• Linux OS Patching: Userland and kernel patches will be installed as available
• Antivirus: Definitions, patches updated as available
• MS Exchange: Initial Install, Configuration, Patching. Monitoring for availability
• MS SQL: Initial Install, Configuration, Patching. Monitoring for availability
• MS Active Directory: Initial Install, Configuration, Patching. Monitoring for availability
• MS IIS: Initial Install, Patching. Monitoring for availability
• Apache: Initial Install, Configuration, Patching. Monitoring for availability
• Sendmail/QMail/Postfix: Initial Install, Configuration, Patching. Monitoring for availability
• POP/IMAP servers: Initial Install, Configuration, Patching. Monitoring for availability
• All backup required for server restoration. (*assuming client opted for a backup strategy)
• Emergency or critical patches will be applied as they are available.  Non critical patching takes place once a month.
• Patching is done outside of regular standard business hours unless otherwise arranged by the client

Server Software Support ‐ Exclusions

• MS Exchange: Account maintenance
• MS SQL/MySQL: Database & table creation, DBA work
• MS Active Directory: Account maintenance
• MS IIS: Configuration beyond interface binding
• POP/IMAP servers: Account maintenance

Managed Firewall ‐ Inclusions

• Cisco, Fortigate and Juniper: Initial Install, Configuration, Patching, Repair. Ongoing move/add/changes
• IDS/Antispam/Antivirus: Initial Install, Configuration, Patching. Centralized log monitoring

Internet Service - Inclusions

• Internet Transit Service: Monitored, utilization provided through Net Forge
• Forward and Reverse DNS
• Backup MX record and spool: As requested
• HA: Availability

Scheduled Maintenance

Red Anvil agrees to notify Client a minimum of 7 days in advance of performing maintenance and/or upgrades. Red Anvil agrees to perform network / system upgrades and maintenance according to the following schedule: Between the hours of 02:00 – 06:00 CST, on the second and last Sunday of the month.

Response Time to Client Request

Emergency Request

Within 30 minutes, client will receive a response from Red Anvil support personnel confirming that request has been received and is being investigated.

Within 30 minutes of the initial response, client will receive a more detailed call or email with the current status of the
request.

Priority Request

Within 3 business hours, client will receive a response from Red Anvil support personnel confirming that request has been
received.

Within 3 business hours of the initial response, client will receive a more detailed call or email with the current status of the
request.

If request is made near the end of the business day, after hours, or during the weekend, client will be contacted immediately
the following business day.

Standard Request

Within 8 business hours, client will receive a response from Red Anvil support personnel confirming that request has been
received and informing you of the current status.

Rights and Obligations

Client shall properly use service provided by Red Anvil. Client shall not, nor shall it permit, others to abuse or fraudulently use services including but not limited to the following:

• Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment.
• Accessing, altering, or destroying any information on Red Anvil systems or another Red Anvil Client by any fraudulent means or device, or attempting to do so.
• Use of services so as to interfere with the use of Red Anvil’s network or servers by other Clients or authorized users; or in violation of the law or in aid of any unlawful act.

Client shall be responsible for the use and compatibility of equipment or software not provided by Red Anvil. Upon notice from Red Anvil that the equipment or software not provided by Red Anvil is causing or is likely to cause hazard, interference or service obstruction, Client shall eliminate the likelihood of hazard, interference or service obstruction. Client shall, if necessary, pay Red Anvil on a time and materials basis to troubleshoot difficulties caused by equipment or software not provided by Red Anvil. In the case of security vulnerability, Red Anvil reserves the right to install software upgrades on Client's equipment.

Red Anvil's liability will not exceed that which is listed in the General Guarantees on page 1 of Client's contract. Red Anvil cannot and will not have any additional liability for any problem incurred while hosting with Red Anvil. By choosing Red Anvil hosting, you assume any and all risks above and beyond the guarantees made by Red Anvil for possible downtime and other server/connection related problems. Red Anvil will not be held liable for any loss of Client business and/or revenue during any outage or any complication involved with Service.

Acceptable Use Policy

Unacceptable use includes, but is not limited to, any of the following:

1. Posting, transmission, re-transmission, or storing material on or through any of Red Anvil’s products or services, if in the sole judgment of Red Anvil such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non- United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (E) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

2. Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

3. Resale of Red Anvil’s products and services without the express prior written consent of Red Anvil (unless you are an authorized wholesaler).

4. Deceptive marketing practices.

5.  Actions that restrict or inhibit anyone - whether a customer of Red Anvil or otherwise - in his or her use or enjoyment of Red Anvil’s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.

6.  Introduction of malicious programs into the Red Anvil network or servers or other products and services of Red Anvil (e.g., viruses, Trojan horses and worms).

7. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.

8. Executing any form of network monitoring that will intercept data not intended for the customer.

9. Circumventing user authentication or security of any host, network or account.

10. Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).

11. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

12. Failing to comply with Red Anvil’s procedures relating to the activities of customers on Red Anvil-owned facilities.

13. Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of Red Anvil’s products or services.

14. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

15. Harassment, whether through language, frequency, or size of messages.

16. Unauthorized use or forging of mail header information.

17. Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.

18. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

19. Use of unsolicited E-mail originating from within the Red Anvil network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Red Anvil or connected via the Red Anvil network.

20. Exporting, re-exporting, or permitting downloads of any content in required approvals, licenses and exemptions.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

Abusable Resources

Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource.
Any abuse of an open resource that occurs after the customer has and enforced as such.

Enforcement

Red Anvil may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, Red Anvil attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, Red Anvil reserves the right to suspend or terminate based on a first offense.