NOW THEREFORE, the parties agree as follows:

S.C. DreamServer S.R.L. (dreamserver.ro) SERVICE LEVEL AGREEMENT

This S.C. DreamServer S.R.L. (dreamserver.ro) Service Level Agreement (“SLA”) applies to all dedicated servers and VPS/VDS services. The Client agrees that S.C. DreamServer S.R.L. (dreamserver.ro) internal measurements establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify S.C. DreamServer S.R.L. (dreamserver.ro) and both parties will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits.
S.C. DreamServer S.R.L. (dreamserver.ro) may amend this SLA at any time.

1. Fully Managed Servers
(“Server Port Monitoring“) is defined as the dedicated server participation in the monitoring of services via standard TCP/IP ports. Server Port Monitoring is performed every five minutes and a failure is defined immediately after a monitor trips for the first time. In the event of a failure if no communication is made with the Technical Support Department the procedures you have outlined will be performed. It is the responsibility of server owner to define the action to perform (QRR) in the event of a failure. This service includes up to eight Port/Services/Daemons that can be monitored in this fashion.

(“Standard Network Based Security“) is defined as the overall core network security that S.C. DreamServer S.R.L. (dreamserver.ro) provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server-based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus/Spyware based protection.

(“24/7/365 Technical Support“) is defined as having direct access to our technical support team 24 hours a Day, 7 Days a Week, 365 Days a year. All support provided is free of charge pending the server task that is being requested takes less than 15 Minutes. S.C. DreamServer S.R.L. (dreamserver.ro) provides a three-hour or less response time guarantee on all support requests.

(“Hard/Soft Manual Reboots in 10 Minutes or less“) is defined as your request being processed in 10 minutes or less for server reboot requests. The 10-minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. Best effort is made to expedite server reboots as quickly as possible.

(“Host Based IDS“) is defined as Intrusion Detection Systems that are used to sniff out network packets giving you a good understanding of what is really happening on a server. IDS have the capability of distinguishing different types of network traffic on the same port number. Customers using Windows will be provided with an installed copy of Black ICE Defender for additional cost and customers using Linux will be provided with PortSentry and/or APF/BFD.

(“Auto O/S updates and patches“) is defined as automatic operating system updates and patches as part of our routine procedures. As new kernels, security patches, service packs, and hot fixes are released the servers will be updated automatically. Notification of updates is provided when they occur, and prior-notifications are dispatched whenever applicable.

(“Resource Monitoring“) is defined as the addition of the dedicated server to our application based monitoring system. The monitoring application will monitor the overall disk space, processor utilization, and memory usage with notification when thresholds are exceeded.

(“On-Demand Server Health Check“) is defined as a customer initiated request to review the overall health of the server. This can and may include review of memory usage, processor usage, disk space, and general configuration of the server.

(“Advanced Support“) is defined as advanced technical support for dedicated servers. This support can be used for any number of support services and includes server troubleshooting, software configuration, OS configuration, OS reinstalls, and any task that does not fall under the “free support” provided with the server.
(Five Hours Per Month)

(“Server Anti-Virus Protection“) is defined as file based anti-virus software that will be installed on the server to protect your server from malicious viruses. Virus definitions will be updated on a regular basis as well as a full scan of the server in question.

(“Hardware Based Firewall Protection“) is defined as the inclusion of a hardware based firewall for protecting your server. This service is per request at additional pricing.

1.2. DreamServer Network (dreamserver.ro) is defined as the equipment, software, and facilities within the S.C. DreamServer S.R.L. (dreamserver.ro) critical network segments. In total we have 20,000 Mbits of network connectivity for our Servers. We have 2 x 10 Gbps uplinks for our data center. Each Server in our data center is setup on a 1000 Mbps, fully-switched port on an edge switch connected to two separate aggregation switches at 10 Gbit with failover redundancy.

1.3. Service Availability is the total time in a calendar month that the DreamServer Network critical network segments are available through the Internet, provided that Client has established connectivity. S.C. DreamServer S.R.L. (dreamserver.ro) takes responsibility for the Service Availability within its immediate routing perimeters, and cannot be held liable for problems directly related to an upstream bandwidth provider.

1.4. Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in section 1.3, provided the interruption is confirmed to have been caused by a problem in the immediate S.C. DreamServer S.R.L. (dreamserver.ro) network segment. Service Downtime is measured as the total length of time of the unplanned interruption during a calendar month.

1.5. Scheduled Service Downtime is any S.C. DreamServer S.R.L. (dreamserver.ro) interruption of Services during a standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication.

1.6. Uptime Guarantee and Performance Credits

S.C. DreamServer S.R.L. (dreamserver.ro) guarantees a monthly network uptime of 99.9% for all dedicated server and VPS/VDS services, measured on a per-calendar-month basis. In the event that this guarantee is not met due to causes within S.C. DreamServer S.R.L. (dreamserver.ro)’s direct control, the following Performance Credits will apply:

• 99.0% – 99.9% uptime (up to approximately 7.2 hours downtime/month): 5% credit of the monthly fee.
• 98.0% – 98.9% uptime (up to approximately 14.4 hours downtime/month): 10% credit of the monthly fee.
• 95.0% – 97.9% uptime: 25% credit of the monthly fee.
• Below 95.0% uptime: 50% credit of the monthly fee.

Performance Credits are the sole and exclusive remedy for service unavailability. Credits are applied to the Customer’s account balance and may be used toward future invoices; they are not paid out as cash refunds. A performance credit shall not be payable unless the Customer submits a request via the support ticketing system within 30 days of the end of the calendar month in which the downtime occurred. The maximum Performance Credit allowable in a given month is limited to 100% of the total monthly fee paid for that month.

Network downtime is measured from the time a support ticket is opened by the Customer reporting the outage to the time the server is confirmed to be transmitting and receiving data normally. Downtime caused by any of the exclusions listed in Section 3.0.1 of this SLA does not qualify for Performance Credits.

1.7. Monitoring Service is the service S.C. DreamServer S.R.L. (dreamserver.ro) provides in order to analyze availability of TCP/IP based services and applications through its internal monitoring system.

1.8. Billable System Administration is operation, configuration, performance tuning, security configurations, and any interaction with the operating system or software installed on the server that is not already provided within the Server Management plan of the server in question.

2. Service Downtime Performance Credit

2.1. In the event of Service Downtime in which monthly Service Availability falls below 99.9%, Client will receive a Performance Credit as described in section 1.6 of this document, subject to the conditions and exclusions set out herein.

3. Service Exclusions

3.0.1 This SLA does not cover Service Downtime caused by problems in the following:

• Client’s local area network.
• Client-provided Internet connectivity or end-user software.
• Entities inside Client’s internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
• Any predetermined Scheduled Service Downtime.
• Any problems beyond the immediate S.C. DreamServer S.R.L. (dreamserver.ro) network segment.
• Downtime or interruption to service as a result of a DoS or DDoS Attack, SYN, Port Flood, SQL Injection or similar.

Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:

• Inaccurate configuration.
• Non-compliant use of any software installed on the server.
• Client initiated server over-utilization.
• Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
• Problems associated with Operating System, Software, or Applications.

3.0.2. Billable System Administration which applies to any “advanced support” not covered under the given Server Management Services and defined in section 1.8 includes the following. Servers have a specified amount of “advanced hours” that are included. In the event these are exceeded, billable system administration will apply based on approval from client.
System Administration of the client’s server.
Software installations performed by S.C. DreamServer S.R.L. (dreamserver.ro).
Virus and Security Scans of the server.
Configuration of the operating system and services provided on the server.
Security auditing and resource management & efficiency of the server.

Server Hardware for Dedicated Servers

4.01. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

4.0.2. Hardware Replacement Guarantees apply to servers less than 24 months in production.

4.0.3. Hardware Replacement will occur within two hours of the reported problem. S.C. DreamServer S.R.L. (dreamserver.ro) will refund 5% of the monthly fee per additional one hour of down time (up to 100% of the customer’s monthly fee).

4.04. Restoration is defined as returning the server to its original configuration, as per the date the server first went live on the network. If hardware failure causes corrupted operating system, data files, or damaged service configurations, S.C. DreamServer S.R.L. (dreamserver.ro) will restore the system to its original state however possible.

4.0.5. Hardware Upgradation: The cost of hardware peripherals at the time of ordering the server and on subsequent upgrades may differ. A one time setup fee may be applicable.

4.06. S.C. DreamServer S.R.L. (dreamserver.ro) is not responsible for the restoration of data to the server. If hardware failure is experienced and subsequent data loss occurs, the client is ultimately responsible for data restoration. S.C. DreamServer S.R.L. (dreamserver.ro) shall not be liable for loss of data under any circumstances.

4.07. S.C. DreamServer S.R.L. (dreamserver.ro) does not take responsibility for the overall security of servers. If servers are compromised in any way, S.C. DreamServer S.R.L. (dreamserver.ro) reserves the right to immediately audit the server. S.C. DreamServer S.R.L. (dreamserver.ro) reserves the right to cancel service if servers are compromised via the implementation of weak password schemes, outdated backend application content, or via other blatant disregard to basic security measures. A fee of $30.00 per hour will be incurred in respect to any security related work performed due to any such server being compromised by negligence on the part of the server owner.

4.0.8. Server Migration: If a customer wishes to migrate from one dedicated server to another dedicated server, they would have to go through the 30 (thirty) day notice period for the old server. The old server would have to be cancelled and a new server order would have to be placed. Data migration would commence only after both formalities have been completed. There would be no charges for migration of data between servers within S.C. DreamServer S.R.L. (dreamserver.ro)’s network. Customer charges are applicable for data to be moved into S.C. DreamServer S.R.L. (dreamserver.ro)’s servers from external sources.

Terms of Service

Service Cancellation
Requests for cancellation must be submitted through our helpdesk at “Dedicated Server Support” section. A 30 (thirty day) notice has to be given if the client wishes to cancel their services. If, in any case, the client does not give a 30 day notice, the next renewal will be charged to the customer’s account. This is binding on all dedicated server contracts. The notice excludes the day of termination. For instance, if your renewal date is 7th December, then the cancellation notice has to be served by 7th November.

Payment:
Establishment of this service is dependent upon receipt by S.C. DreamServer S.R.L. (dreamserver.ro) of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of signup. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, wire transfer & cheque. Customers are responsible for any additional transaction fees that coincide with any payment methods. Cheques, money orders, and wire transfers should be sent at least 7 days prior to the invoice due date.

The Company reserves the right to deny Client the use of any payment method for abuse or misuse. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customer’s services or their entire account.

Payment for services must be received by The Company prior to the end of the five day grace period allowed for services.

If a cheque is returned for any reason, the account will be assessed a $15 service charge. If payment for the returned cheque amount and service fee is not remitted in full by 12 P.M. CST the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees.

Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. If a cheque is returned for any reason, the account will be assessed a $15.00 service fee. Accounts that are not collectable by S.C. DreamServer S.R.L. (dreamserver.ro) will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay a “Processing and Collection” Fee of not less than $25.00 nor more than $75.00.

Invoicing:
S.C. DreamServer S.R.L. (dreamserver.ro) does not utilize paper or hard-copy invoices. All invoices are sent via email, by default 5 days prior to the invoice due date. Clients can request invoices to be sent up to 30 days from the invoice due date.

Refund and Disputes: All payments to S.C. DreamServer S.R.L. (dreamserver.ro) for dedicated server and VPS/VDS services are non-refundable once the service has been provisioned. This includes the one-time setup fee and all subsequent charges, regardless of usage. All billing disputes must be reported within 30 days of the date of the invoice in question. If a Customer initiates a payment dispute or chargeback through their payment provider (including PayPal or any card issuer) for a charge that S.C. DreamServer S.R.L. (dreamserver.ro) considers valid under the provisions of these Terms, the Customer agrees to pay an “Administrative Fee” of not less than $25 and not more than $75 to cover dispute-handling costs. Please refer to Section 15.8 of the Terms and Conditions for the full dedicated server and VPS/VDS refund and dispute policy.

Failure to Pay: The Company may deny service or terminate the Agreement upon the failure of the Client to pay charges when due. A service will be interrupted or deactivated on outstanding accounts that reach 10 days past the due date.

If a service is deactivated due to non-payment, the service in question will only be reactivated once payment for the outstanding balance has been received in full.

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss, or injury.

Network

IP Address Ownership: If S.C. DreamServer S.R.L. (dreamserver.ro) assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to S.C. DreamServer S.R.L. (dreamserver.ro), and Customer shall have no right to use that Internet Protocol address except as permitted by S.C. DreamServer S.R.L. (dreamserver.ro) in its sole discretion in connection with the Services, during the term of this Agreement. S.C. DreamServer S.R.L. (dreamserver.ro) shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer, and reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Bandwidth Usage: Customer agrees that bandwidth that exceeds the given rate on a monthly basis will be subject to an “overage” charge as detailed on the S.C. DreamServer S.R.L. (dreamserver.ro) website. S.C. DreamServer S.R.L. (dreamserver.ro) shall have the right to take corrective action if Customer’s bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. If S.C. DreamServer S.R.L. (dreamserver.ro) takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the S.C. DreamServer S.R.L. (dreamserver.ro) Network. Violations of system or network security may result in civil or criminal liability. These violations include, without limitation:

• Accessing data not intended for such User or logging into a server or account which such User is not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including via means of overloading, “flooding”, “mail bombing” or “crashing” via known vulnerabilities or similar circumstances.
• Forging any TCP/IP packet header in a network transmission or any part of the header information in any e-mail or newsgroup posting.
• Taking any action in order to obtain services to which such User is not entitled.
• Addition of IP addresses that have not been specifically assigned to the server.

Notification of Violation: S.C. DreamServer S.R.L. (dreamserver.ro) is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User which S.C. DreamServer S.R.L. (dreamserver.ro) determines to have violated any element of this Acceptable Use Policy shall receive an email warning them of the violation. The service may be subject, at S.C. DreamServer S.R.L. (dreamserver.ro)’s discretion, to a temporary suspension pending the User’s written agreement to refrain from any further violations.

Second Violation: Users that S.C. DreamServer S.R.L. (dreamserver.ro) determines to have committed a second violation shall be subject to immediate suspension or termination of service without further notice.
We reserve the right to drop (blacklist/nullroute/unroute) the section of IP space involved in Spam/Virus/Illegal-Distribution or Denial-of-Service complaints if the offending activity is causing moderate to major harm to parties on the Internet.

Suspension of Service or Cancellation: S.C. DreamServer S.R.L. (dreamserver.ro) reserves the right to suspend network access to any customer if in the judgment of the S.C. DreamServer S.R.L. (dreamserver.ro) network administrators the customer’s server is the source or target of a violation of any of the other terms of the AUP. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. The customer will not be credited for the time the customer’s machines were suspended due to AUP violations.

S.C. DreamServer S.R.L. (dreamserver.ro) reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.

Indemnification: S.C. DreamServer S.R.L. (dreamserver.ro) wishes to emphasize that in agreeing to the S.C. DreamServer S.R.L. (dreamserver.ro) Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies S.C. DreamServer S.R.L. (dreamserver.ro) for any violation of the AUP and ToS that results in loss to S.C. DreamServer S.R.L. (dreamserver.ro) or the bringing of any claim against S.C. DreamServer S.R.L. (dreamserver.ro) by any third-party.

Miscellaneous Provisions: The Client must provide The Company with, and keep current, good contact information. A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as a continuing or subsequent waiver thereof.
Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Client.

S.C. DreamServer S.R.L. (dreamserver.ro) is not responsible for any damages your business may suffer. S.C. DreamServer S.R.L. (dreamserver.ro) does not make implied or written warranties for any of our services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions.

Responsibility for Content: The Client, as S.C. DreamServer S.R.L. (dreamserver.ro)’s customer, is solely responsible for the content stored on and served by your S.C. DreamServer S.R.L. (dreamserver.ro) server.

Support Boundaries: S.C. DreamServer S.R.L. (dreamserver.ro) provides 24/7 technical support to our Clients. We limit our technical support to our specific areas of expertise. S.C. DreamServer S.R.L. (dreamserver.ro) provides support related to your server and the core, critical functions of the OS and basic critical TCP/IP services.

S.C. DreamServer S.R.L. (dreamserver.ro) does not offer tech support for application specific issues such as CGI programming, Cold Fusion, ASP, .NET, PHP, MySQL, Microsoft SQL or any other programming/database application. S.C. DreamServer S.R.L. (dreamserver.ro) does not provide technical support for your End-User Clients.

Any request of technical support warrants the possibility of being charged a system administration fee if the request relates to Operating System functionality, software application functionality, or Control Panel functionality, and requires a staff member to login to your server for over 15 minutes.

SPAM and Unsolicited Commercial Email (UCE): S.C. DreamServer S.R.L. (dreamserver.ro) takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Clients may not use or permit others to use our network to transact in UCE. Violations of this policy carry severe penalties, including termination of service.

Violation of S.C. DreamServer S.R.L. (dreamserver.ro) SPAM policy will result in severe penalties. Upon notification of an alleged violation, S.C. DreamServer S.R.L. (dreamserver.ro) will initiate an immediate investigation within 48 hours of notification. During the investigation, S.C. DreamServer S.R.L. (dreamserver.ro) may restrict customer access to the network to prevent further violations. First violations of this policy will result in an “Administrative Fee” of $250 and account review for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account.

WARRANTIES

S.C. DreamServer S.R.L. (dreamserver.ro) has the right to enter into this Agreement and to grant the rights granted in it.

The goods and services provided by S.C. DreamServer S.R.L. (dreamserver.ro) are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) NON-INFRINGEMENT; 6) QUIET ENJOYMENT; AND 8) TITLE.

CLIENT AGREES THAT ANY EFFORTS BY S.C. DreamServer S.R.L. (dreamserver.ro) TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. CLIENT FURTHER AGREES THAT S.C. DreamServer S.R.L. (dreamserver.ro) SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF S.C. DreamServer S.R.L. (dreamserver.ro) WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages; in such jurisdictions, S.C. DreamServer S.R.L. (dreamserver.ro) liability is limited to the greatest extent permitted by law.

ENTIRE AGREEMENT

This Agreement and all attachments or Exhibits supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein. This Agreement may be amended or modified only in writing.

By activating your account you are agreeing to these Terms on a Month-to-Month basis. Term Service Plans are available by contracts provided by S.C. DreamServer S.R.L. (dreamserver.ro).

Termination. Non-Term Service Plan. If you are on a Non-Term Service Plan, you may terminate Services at any time by giving us 30 days written notice via the support ticketing system.

Termination. Term Service Plan. EXCEPT AS PERMITTED BY THE AGREEMENT, IF YOU TERMINATE YOUR TERM SERVICE PLAN BEFORE THE END OF THE TERM, OR IF WE TERMINATE SERVICES FOR VIOLATIONS OF THIS CONTRACT BEFORE THE END OF THE TERM, YOU WILL BE REQUIRED TO PAY AN EARLY TERMINATION FEE OF 50% of the remaining contract value. After the expiration of the term, Non-Term Service Plan terms apply.