DEDICATED SERVICES ORDERED THROUGH ENBECOM SOLUTIONS "ENBESERVERS"

SERVICE AGREEMENT
(To be read in conjunction with the Enbeservers Acceptable Use Policy)

The below terms and conditions relate to the Enbeservers product range and must be read in conjunction with all other relevant terms and conditions including our main Enbecom Service Agreement, Code of Conduct and Privacy Policy.

Definitions

In this document:

General Terms

1. Code of Conduct

Customers shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Enbecom Code of Conduct.  Customer agrees that Enbecom may amend the terms of the Code of Conduct from time to time by posting a new or different version of the Enbecom Code of Conduct at www.enbecom.net. The Customer shall include the terms and conditions set out in the Code of Conduct

2. Temporary Service Suspension

The Customer agrees that it may be necessary for Enbecom to Temporarily suspend Services for technical reasons or to maintain the Enbecom network, the equipment or any other facilities, the timing of which will be as determined by Enbecom. Such suspension of the Services will not be an interruption of the Enbecom Services for the purpose of calculating network availability.

3. Emergency Service Suspension

Enbecom may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of Enbecom Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

4. Daily Backups

Enbecom offers daily and snapshot backups of critical data files. If a customer has chosen the Daily Backup Option then it is Enbecom's and its suppliers responsibility to ensure we have a Backup of the customer's chosen data. It is the customer's responsibility to ensure that any backup folder creation or similar is set up in order for us to take the backups. Enbecom cannot be held responsible for the integrity of the customer's data or the fact that the data may be corrupt. The Customer will hold Enbecom without penalty or liability for any claim resulting from a failed backup and/or restore procedure.

5. Compromised /Hacked Server

A compromised or "hacked" server is a serious threat to our network. Enbecom and its suppliers, at their sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network. Determination that a server has been compromised:

By the Customer - If you believe your system may have been hacked, immediately report the situation to Enbecom technical support. Enbecom will examine your system and may implement additional monitoring of your system.

By Enbecom - If a Enbecom System Administrator or that of its suppliers believes a server on our network is compromised, Enbecom or its suppliers will: 1) disconnect the server from the network, 2) contact the client, and 3) provide evidence of the server being "hacked".

6. Termination of Agreement

If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then Enbecom may terminate this agreement at any time and without prior notice.

7. Limitation of Liability

Customer acknowledges and agrees neither Enbecom nor any of its members, officers, employees, suppliers or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, Enbecom or any of its officers, employees, suppliers or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of Enbecom, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to Enbecom for one month of service under this agreement.

8. Indemnity

Customer will indemnify and save harmless Enbecom and its members, employees, agents, contractors, suppliers and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against Enbecom or any of its members, officers, employees, suppliers and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

9. Customer Acknowledgement

Customer acknowledges that it accepts all risk of any unauthorised or illegal use of the Enbecom network or any inter-connected network by third parties. Enbecom provides no warranties, makes no representations, and accepts no liability for the unauthorised or illegal access or interference with the Customer's server/network unless such access or interference is caused by the intentional unlawful acts of Enbecom, its agents, suppliers or employees.

10. IP Address Ownership and Usage

Enbecom's suppliers assign IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use Enbecom's (or its suppliers') IP addresses not assigned to them, to move IPs between different servers or account or in ways not permitted by Enbecom or its suppliers. Enbecom and/or its suppliers maintain ownership of all IP addresses that are assigned to Customers and reserve the right to change or remove them at their sole and absolute discretion. Typically, however, these changes are rare and made only at the request of RIPE & ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of RIPE & ARIN. These policies now dictate that name-based hosting MUST be used whenever possible. Enbecom and/or its suppliers reserve the right to periodically review IP address usage and revoke authorisation to use those IP addresses not being utilised or where name-based hosting could be used.

11. Enbecom Administrative Account and Software

For the purposes of Network/Server maintenance, inventory and related activities, Enbecom staff and management (and those of Enbecom's suppliers) retain the right to administrative access to any and all Servers on their network. To facilitate this, all Enbecom Servers include an administrative account and/or daemon designed for these purposes. See Acceptable Use Policy (AUP) for more details.