Engineer Lab – Managed Server Agreement
Our goal is to provide the client with the software, products and
services necessary to achieve a complete solution to the client’s Information
Technology needs. This includes elements required for a reliable Internet
presence, email communication, and secure data warehousing, as well as
traditional and online marketing.
To that end, several
different software applications, products and services may be utilized to
provide you with a complete solution that fits your needs. Each software application,
product or service may have a separate “Standard Agreement” or “End User
License Agreement” that defines the terms of use for that particular item. Your service contract contains a complete
list of software applications, products and services being utilized for your
account as well as the applicable price.
By using the software,
products and services provided by The Engineer Lab or accessing The Engineer
Lab servers, you agree to all of the terms and conditions of this agreement.
This includes access to The Engineer Lab Email Servers and/or use of Server
Software to access email on the servers. If you do not agree to these terms,
all services will be discontinued, activation of the account will cease and
your account terminated.
In addition, The
Engineer Lab has certain legal and ethical responsibilities consisting with the
use of Internet servers and any other equipment involved in these services. We
reserve the right to suspend or cancel a customer's access to any or all
services provided by The Engineer Lab should it be found that the account has
been inappropriately used.
This is a legal and
binding agreement between The Engineer Lab and you, the Client.
I. Description of Service
The Client will have access
to The Engineer Lab servers in order to have the tools needed to maintain a
reliable presence on the World Wide Web.
This includes the ability to publish and maintain a web site as well as
send and receive email using the client’s “domain” The Engineer Lab will take
the necessary steps to have the content of The Client’s web site available for
access on the World Wide Web by any party in the world.
Internet Servers
The Engineer Lab will
setup and maintain necessary servers (name server, email server, web site
server, and database servers) to meet the Client’s needs. We take on the
responsibility of keeping your business moving with our 99.99% up-time
guarantee. The Client’s Data is kept on high-speed self-healing server clusters
located at several data centers
Internet Server
Management (Essential Webmaster On Call)
The Engineer Lab will
manage the necessary elements of server security, virus, hacker, and DOS
attacks.(denial of service)
Internet Server
Management (eCommerce Webmaster On Call)
In addition to the
Essential Webmaster Tasks, The Engineer Lab will also manage the additional
tasks involved with selling online and accepting encrypted credit card
transactions, you will be have complete control and be solely responsible for
the operation and maintenance of your online store and products. You are also
responsible for the security of any customer credit card numbers and related
customer information.
IP Address
The Engineer Lab will lease
all necessary IP addresses to effectively run your business needs. We maintain
control and any ownership of any and all IP numbers and addresses. The Engineer
Lab reserves in its sole discretion the right to change or remove any and all
IP numbers and addresses.
Internet Publishing
Software, Online Commerce Software and Application Hosting
The Engineer Lab will
utilize proprietary Internet Publishing Software and popular 3rd
party software to serve the client’s needs. The use of any software application
is left to the sole discretion of the Engineer Lab. The Engineer Lab acquire
all necessary licensing updates, patches, upgrades associated with the
maintenance of such software.
A. Coverage
This 99.99% uptime guarantee
applies to any client in good financial standing with us at the time of a
service outage.
B. Credits
In the event that your
web site is not available at the level guaranteed, we will credit the following
month's service fee in a pro-rated manner. Your monthly fee will be divided by the number of days within that
month, you will receive credit for each day that the outage persisted, with the
maximum credit not to exceed the monthly service charge for the affected
month. In order for you to receive a
credit on your account, you must contact The Engineer Lab Technical Support
Service by phone or though the engineerlab.com web site during the time of the
outage. If it is determined that the
outage is not exempt by the restrictions explained below, you will receive
credit on during the billing cycle for the following month. Credit to your account shall be your sole
and exclusive remedy in the event of an outage. No refunds will be issued.
C. Restrictions
Credits shall not be provided to you in the event
that you have any outage resulting from (1.) scheduled maintenance as posted
from time to time by us, (2.) your behavior or the performance or failure of
your equipment, facilities or applications, or (3.) circumstances beyond our
reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor
disturbance, interruption of or delay in transportation, unavailability of
interruption or delay in telecommunications or third party services, including
DNS propagation, domain name registration / transfer, failure of third party
software or hardware or inability to obtain raw materials, supplies, or power
used in or equipment needed for provision of your web site, or (4.) a client
breaking any item in our "Terms of Cancellation Due to Misuse or Abuse by
Client" causing a machine to fail as a result.
Backups
Full backups are made
weekly, and backups of new/changed data made nightly. No guarantees are made of
any kind, either expressed or implied, as to the integrity of these backups.
Backups are made for server restoration purposes only. It is the client’s
responsibility to maintain local copies of their web content and information.
If loss of data occurs due to an error of ours, The Engineer Lab will attempt
to recover the date for no charge to the client. If data loss occurs due to
negligence of client in securing their account or by an action of the client,
The Engineer Lab will attempt to recover the data from the most recent archive
at a charge of $20 per domain.
We guarantee for as
long as you are a continuous client, in good financial standing, and you keep
renewing your service agreement, we guarantee that you will be locked into your
current rate for as long as you remain a client. It’s that simple. This
guarantee does not apply to fees associated with services outside the scope of
your service description such as add-ons, package upgrades, or new site
features, new site elements, or data entry.
IV. Cancellation and
Refund Policy
'First 30 Days' Money Back Guarantee
You have a chance to evaluate your new website and
our service for 30 days after your first payment is processed.
You can cancel at any time. If you cancel within the first 30 days, we will
refund first payment.
Cancellations will only be accepted from the primary account holder.
A. How to Cancel - Phone requests are ok. You can send us a speed-message
through the www.engineerlab.com web site.
B. How to Get Your Refund - We MUST hear from you within 30 days. Next, for
legal reasons, you MUST send us a letter stating what you want to do with your
domain name.
Cancellation and the FREE Domain Offer
By using the FREE Domain Option, The Client agrees
the domain name remains the property of The Engineer Lab.
At cancellation, you will have the option to
purchase your domain name. ALONG WITH YOUR NOTICE TO CANCEL you MUST send us a
letter via US Mail stating the decision you made about you domain name. If we paid
for your domain name, either:
Option 1) You take permanent ownership of the domain and pay a domain ownership
transfer processing fee of $125.00 to The Engineer Lab.
Option 2) The domain name remains the property of The Engineer Lab.
Please Note that this is the simplest and fairest way that we know how to deal
with this. By accepting the FREE Domain Offer you agree to these terms.
The Client acknowledges that The Engineer Lab provides scalable solutions and as such, the Client understands that certain tasks not included in the Client’s selected service plan are subject to service fees.
A. Payment Obligations:
As is customary for monthly services, full payment
is required in advance, before the service period begins. All payments are in
U.S. currency unless otherwise stated. You warrant and represent that the
payment information you supply (or other information that we may require) is
accurate and truthful.
All payment-due
notices will be sent by electronic mail. No bills or invoices will be sent by
postal mail or fax. Your service
contract contains a complete list of software applications, products and
services being utilized for your account as well as the applicable price,
payment dates, and applicable late fees.
Credit Cards - You give us the right to debit the
credit card or account you provided to The Engineer Lab for services rendered,
until such service is cancelled by you in writing or is cancelled by us
according to terms of this Agreement.
There is a charge of $50 for non-fraud related charge backs that the
client places on credit card payments.
B.
Renewals:
Your account will be
automatically renewed under the same time and fee structure unless you give
written notice to The Engineer Lab fifteen (15) days before the renewal date
that you do not wish to renew such account. Promotions are not included in
renewals.
Due to security
concerns, cancellation notice must be initiated by sending a message through
engineerlab.com and must be confirmed by The Engineer Lab via phone or
email. Cancellation notice must be
submitted during the calendar month prior to the “declared last month” of
service. As per the “Terms of Payment”
section, no refunds will be issued for month-to-month clients. If the client is using a domain that was included with the service, the client agrees to pay the domain transfer fee listed on the current EngineerLab Rate Card in order to take control of the domain. If the client is using a domain registered by the client, the domain must nameservers must be changed away from our servers in order to close the account. As long as the domain is pointed to our servers the client will continue to accrue charges. The client agrees to pay any past due amounts before any client assets are released or returned to the client. If a client has paid more than one month in advance and and does now owe for any other services, a refund will be issued for any payment already received that would
correspond with months that come after the “declared last month” of service.
We have the right to discontinue service, or deny
access to anyone who violates our Policies or the terms and conditions shown
below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if
account termination is due to violation of the terms outlined in this
document. ALL CONTENT UNDER THE DELETED
DOMAIN WILL BE REMOVED (DESTROYED) WITH THE CANCELLATION OF SERVICE.
Any violation of
policies which results in extra costs will be billed to the customer (i.e.
transfer, space etc.)
Any attempt to
undermine or cause harm to a server, or customer, of The Engineer Lab is
strictly prohibited. Abuse and Profanity - We reserve the right to cancel any
accounts for Harassing, abusing or using Profanities towards any members of our
staff in any form.
Accounts may be
terminated that include the following content or which have links to the
following content: Providing material that is grossly offensive to the Web
community including blatant expressions of bigotry, racism, hatred, or
profanity Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any group or
individual Displaying material containing obscene nudity or pornographic
material Displaying material that exploits children under 18 years of age.
Server Abuse is defined
as any usage of The Engineer Lab Products or services for illegal or unethical
purposes. We will be the sole arbiters
as to what constitutes a violation of this provision. These Include, but are not limited to the following:
Our email accounts can
only be used for personal accounts or company accounts. The can not be given
out to others for a payment or free. Anyone caught abusing this will be charged
$10.00 per account per month that will be payable immediately including any
months in arrears.
Chat Rooms - We do not
allow clients to install their own chat rooms.
Adult Content - It is
absolutely forbidden to publish pornographic content. Clients found publishing
this material will be subject to immediate cancellation without refund.
Abuse of FTP Server –
If you are granted FTP access and use the FTP server to store files not
essential for the your selected level of service.
Abuse of SMTP Mail
Server- If you are sending legitimate e-mails and they total more than 1000 per
day your account will be moved to a special server that is specifically
designed to handle high volumes of e-mail. You will be charged $30.00/month in
addition to your regular monthly fees if your account is moved to this server.
Hacking - Software or
Scripts that scan or dig into our server directories are not allowed.
Customers may not run
IRC, bots or clients on The Engineer Lab servers.
Acts of copyright
infringement including offering pirated computer programs or links to such
programs, information used to circumvent manufacturer-installed copy-protect
devices, including serial or registration numbers for software programs, or any
type of cracker utilities. Domains are immediately deleted from our servers if
they posses any pirated computer programs and accounts will be suspended
without warning.
Unsolicited commercial
advertisements (Spam) are not allowed in e-mail. We take a zero-tolerance approach to Spam originating from our
servers or for Spam advertising of domains hosted on our servers. Upon first
notice of spamming all guarantees including the 30-day Guarantee are waved with
NO REFUNDS AT ALL.
Unsolicited bulk or
commercial messages ("Spam"):
This includes, but is
not limited to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures, and political or
religious tracts. Such messages may only be sent to those who have explicitly
requested it from your domain.
Forging, altering or
removing electronic mail headers is prohibited. Any domain sending stealth Spam
will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message
with the intent to disrupt a server or account ("mail bombing").
An Email mailbox may not be used as storage for attachments or for an unreasonable amount of email messages. Any messages with attachments may be deleted by the Engineer Lab after 30 days of being received. Any messages without attachments may be deleted by the Engineer Lab after 90 days of being received.
Spamming Newsgroups:
Commercial advertisements are unwelcome in most Usenet discussion groups and on
most e-mail mailing lists. Inappropriate posting may result in account
cancellation. See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming," or sending a message to
many different off-topic newsgroups, is particularly unethical and will be
treated as such.
Mail may not be used to
harass or intimidate others. Harassment, whether through language, frequency of
messages, or size of messages, is prohibited. Sending a single unwelcome
message may be considered harassment. If a recipient asks to stop receiving
e-mail, you must not send that person any further messages. CGI scripts that
send mail must be used only to send email to internal email addresses. Scripts
that allow anonymous website visitors to trigger emails will not be
allowed. This includes email
confirmations, send-link-to-a-friend, and send-a-post-card, or any similar application
not listed here.
If you use the services
of another provider to promote a web site hosted by or through The Engineer Lab
(Spam advertising), then the provisions of the above Policy shall apply as if
the Spam were sent through our servers.
If our servers are
blocked because of you spamming you will be held liable and all fees occurred
in the matter will be billed to your account.
Material and intellectual
property that belongs to the Engineer Lab may be made accessible to the client when
deemed necessary by the Engineer Lab. The
materials include but are not limited to information, graphics, audio, software
screens or processes, as well as electronic marketing methods such as search
engine optimization. This includes any material that may be provided to the
client by the Engineer Lab in person, in writing, on recorded media such as a
DVD, or via the Internet.
The Engineer Lab is
subject to protection under the United States/Canadian or other copyright laws,
as well as laws protecting trademarks, trade secrets or proprietary
information. With respect to any material provided by The Engineer Lab, the client
must not use the Engineer Lab servers, software, or intellectual property in a
manner that would infringe, violate, dilute or misappropriate any such rights. Any exceptions to this must be obtained in
writing from the Engineer Lab.
The client agrees that
access to any Engineer Lab software or access to the Engineer Lab Servers will
remain limited to only the users registered with the Engineer Lab. In case The
Engineer Lab finds that the client has allowed unlicensed access as described
herein, the client agrees to pay all licensing fees due starting from the first
event of unlicensed access through to the present.
In order to maintain
the security of the Engineer Lab’s proprietary in formation and/or trade
secrets, the client agrees to not discuss, show or provide copies of any of the
material provided by the Engineer Lab to any persons that are not registered
with the Engineer Lab.
In case of that a
security breach by the client results in the acquirement of The Engineer Lab’s
intellectual property by any person without the required license, the client
agrees to pay all legal fees incurred by the Engineer Lab for the protection of
any intellectual property owned by the Engineer Lab.
Customers may not use
The Engineer Lab network with an attempt to circumvent user authentication or
security of any host, network, or account. This includes, but is not limited
to, accessing data not intended for the customer, logging into a server or
account the customer is not expressly authorized to access, password cracking,
probing the security of other networks in search of weakness, or violation of
any other organization's security policy. Customers may not attempt to
interfere or deny service to any user, host, or network. This includes, but is
not limited to, flooding, mail bombing, or other deliberate attempts to
overload or crash a host or network or scripts that access any parts of our
servers not usually available to clients without written consent. We will
cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement authorities
in the investigation of suspected criminal violations. Users who violate system
or network security may incur criminal or civil liability.
We reserve the right to
refuse service to anyone. Customers may only use The Engineer Lab server for
lawful purpose. Transmission of any material in violation of any Federal,
State, Provincial or Local regulation is prohibited. This includes, but is not
limited to copyrighted material, material legally judged to be threatening or
obscene, and material protected by trade secrets. The designation of any
materials as such described above is left entirely to the discretion of The
Engineer Lab management.
Venue
The Client agrees to
pay all court costs an attorney and investigation fees acquired by The Engineer
Lab for the purpose of any legal proceedings resulting from the actions or
inactions of the Client. In no event shall the maximum liability of the
Engineer Lab exceed one US Dollar ($1.00). Regardless of the place of signing
this agreement, the client agrees that for purposes of venue this contract was
entered into in Volusia County, Florida, USA any dispute will be litigated or
arbitrated in Volusia County, Florida, USA.
The Client further waives all objections to venue and acknowledge that
venue in any such litigation will be held in Volusia County courts.
WE WILL NOT BE
RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WE MAKE NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. THE ENGINEER LAB DISCLAIMS
ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS
INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY,
AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE ENGINEER LAB AND ITS
EMPLOYEES. THE ENGINEER LAB RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY
TIME. FAILURE TO FOLLOW ANY TERM OR
CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
CLIENT AGREES THAT IT
SHALL DEFEND, INDEMNIFY, SAVE AND HOLD US HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES
ASSERTED AGAINST US, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT
MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE
PERFORMED OR ANY PRODUCT SOLD BY CLIENT, IT'S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AGAINST LIABILITIES
ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS
SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH OUR SERVER; (2) ANY MATERIAL
SUPPLIED BY CLIENT INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS
OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS
SOLD TO CUSTOMER FROM OUR SERVER (5) ACT OF BANKRUPTCY BY A CLIENT OR RESELLER
OF OUR SERVICES AND PRODUCTS.
Last Updated January 22, 2007
Copyright ©2007 The Engineer Lab, All Rights Reserved.