Empire Intelligent™ MANAGED SERVICES DEFINITION & BACKUP POLICY

SOFTWARE

Operating System: Empire Intelligent™ will perform the initial installation and security/kernel patches and/or updates of any supported operating system, at no additional cost. Empire Intelligent™ supported operating systems currently include: Fedora™ Linux 1+, FreeBSD™ 4+, Windows™ Server 2003, & CentOS™ Linux 3+. End-of-life support is still currently being provided for Red Hat™ Linux 8+ and Windows™ Server 2000. Re-installation of any server, for reasons other than hardware failure, will be charged a flat rate of $65.00. Empire Intelligent™ will assist with troubleshooting and repairing basic operating system problems for supported operating systems. Empire Intelligent™ may install alternative operating systems, upon client request, which is dealt with on a case by case basis. Support may be limited in regards to alternative operating system setup/configuration, and/or for those clients choosing not to utilize a Empire Intelligent™ supported control panel--regardless of operating system selected. Empire Intelligent™ supported control panels currently include CPanel™, Plesk™, & DirectAdmin™. A flat rate of $9.95 is charged for VPS operating system re-installation. Co-Location clientele are charged a flat rate of $65.00 per operating system installation or re-installation.

Control Panel: Empire Intelligent™ will perform the initial installation and test of the supported control panel software for any server ordered with such. If a managed server includes supported control panel software, Empire Intelligent™ will support, to the best of it's ability, control panel related problems and issues. This includes, but is not limited to, support of basic control panel functions (ie: adding/removing accounts, dns functions, password changes, etc…) and limited support of control panel installed 3rd party software (ie: proftpd, pureftpd, mailman, agora). Empire Intelligent™ will not provide support of the control panel software, or any of its’ 3rd party software inclusions, regarding issues of software bugs or errors, and such issues should be brought to the attention of the software vendors directly for support. BurstNET is not responsible for web development, non-supported 3rd party software and/or scripts (ie: compatibility, installation, maintenance), and/or ongoing daily administration tasks (ie: setting up new users, email accounts, & domains). Empire Intelligent™, at it's discretion, may assist with initial custom setup/configuration of the server (ie: setting up new users, email accounts, & domains, and/or software modifications). Empire Intelligent™ will install supported control panels purchased through Empire Intelligent™, at no additional charge, for Co-Location & External Licensing clientele. Re-Installation of control panels purchased through Empire Intelligent™ for Co-Location & External Licensing clientele, for any reason, will be charged a flat rate of $9.95. Support for control panels purchased through Empire Intelligent™, for Co-Location & External Licensing clientele, will be billed at a rate of $65/hour. Installation of Empire Intelligent™ supported control panel software requires, and will only be performed on, freshly installed operating systems.

Software Updates/Patches and O/S Upgrades: Empire Intelligent™ will assist, upon request, with control panel updates and security patches on any system running a supported operating system and utilizing a Empire Intelligent™ supported control panel. Empire Intelligent™ supported control panels may automatically update, including their installed 3rd party software, and may be user-configureable whether or not to do such. Empire Intelligent™ may assist with control panel updates and security patches of systems running alternative operating systems, or not utilizing a Empire Intelligent™ supported control panel, dealt with on a case by case basis, at a rate of $65/hour. Empire Intelligent™ will automatically update and patch Virtual Hosting, VPS backend, and Maximum Admin™ Fully Managed systems, at it's best discretion. Individual VPS behave and are treated as regular systems in regards to control panel updates and patches, and Empire Intelligent™ will assist, upon request, with control panel updates and security patches on any VPS utilizing a Empire Intelligent™ supported control panel. Empire Intelligent™ may assist with security patches of any VPS not utilizing a Empire Intelligent™ supported control panel, dealt with on a case by case basis, at a rate of $65/hour. Empire Intelligent™ only delivers VPS with supported operating systems installed. Upgrades of operating systems will be dealt with on a case by case basis, and may or may not be subject to a flat $65.00 fee, dependant on complexity of the upgrade, and basis for such. The operating system of a VPS may not be able to be upgraded, and may require a complete re-installation, which may be done for a flat rate of $9.95. Empire Intelligent™ may assist with control panel updates and security patches for Co-Location & External Licensing clientele, dealt with on a case by case basis, at a rate of $65/hour.

HARDWARE

Maintenance and Replacement: If any hardware component on a Empire Intelligent™ supplied system fails, Empire Intelligent™ will replace it free of charge, within timeframes specified in the Service Level Agreement (SLA). All operating systems, supported and non-supported, as well as software/configurations installed prior by Empire Intelligent™, will be re-installed at no additional cost to the client, in the case of failed hardware. For information regarding system restoration beyond the operating system and software/configurations, please see the section in this document entitled “Data Recovery/Backups”.

Hardware Upgrades: Information on installation/setup fees and/or monthly fees for hardware upgrades is available via the Features Add-On/Upgrade Form. Upgrading hard drives to a different size or type of drive, requiring the re-installation of the operating system and software/configurations, and the transfer of data from the old system/drive(s), will be billed at a rate of $65/hour.

DATA RECOVERY/BACKUPS

Empire Intelligent™ always recommends purchasing backup storage/service with any and all systems/services. Clients may purchase backup drives and/or backup storage and perform their own backups--with or without Empire Intelligent™ or control panel supplied backup software enabled, or may purchase a managed backup solution from Empire Intelligent™.

Hardware Failure: All operating systems, supported and non-supported, as well as software/configurations installed prior by Empire Intelligent™, will be re-installed at no additional cost to the client, in the case of failed hardware.

If backup storage does not exist, Empire Intelligent™ will re-install the operating system and software/configurations previously installed by Empire Intelligent™, on a new hard drive, and attempt to leave the defective drive in place for the customer to retrieve/restore data--for up to 72 hours after re-installation.

If a backup storage exists, and the client was performing their own backups--with or without Empire Intelligent™ or control panel supplied backup software enabled on the backup storage, Empire Intelligent™ will re-install the operating system and software/configurations previously installed by Empire Intelligent™, on a new hard drive, and attempt to leave the backup drive and/or defective drive in place for the customer to retrieve/restore data--for up to 72 hours after re-installation. Empire Intelligent™, at it's discretion, may assist with data restoration at a rate of $65/hour.

If a managed backup solution exists, and Empire Intelligent™ or control panel supplied backup software was enabled, Empire Intelligent™ will re-install the operating system and software/configurations previously installed by Empire Intelligent™, on a new hard drive, and will assist with restoration of the system data, at no additional charge. Managed backup solutions exist automatically for all Empire Intelligent™ Virtual Hosting and VPS clientele, as well as Maximum Admin™ Fully Managed clientele, however, Empire Intelligent™ always recommends purchasing additional Remote Backup services as well.

Empire Intelligent™ cannot guarantee full, or even partial, recovery of data from a failed drive, but will work to the limit of their abilities to restore data from the failed hardware, based on defined policy and procedure. Client may purchase a defective drive from Empire Intelligent™, at reasonable market prices, and have the drive shipped to them, or to a data recovery company, at their expense with a minimal handling fee.

Software Failure and Hacked/Compromised Operating Systems: Operating system re-installation by Empire Intelligent™ will be charged a flat rate of $65.00, and assistance with software/configurations and/or data recovery will be billed at a rate of $65/hour, in the case of a system suffering software bugs or operating system compromise.

If backup storage does not exist, Empire Intelligent™ will re-install the operating system and software/configurations previously installed by Empire Intelligent™, on a new hard drive, and attempt to leave the bug-ridden/compromised drive in place for the customer to retrieve/restore data--for up to 72 hours after re-installation.

If a backup storage exists, and the client was performing their own backups--with or without Empire Intelligent™ or control panel supplied backup software enabled on the backup storage, Empire Intelligent™ will re-install the operating system and software/configurations previously installed by Empire Intelligent™, on a new hard drive, and attempt to leave the backup drive and/or bug-ridden/compromised drive in place for the customer to retrieve/restore data--for up to 72 hours after re-installation. Empire Intelligent™, at it's discretion, may assist with data restoration at a rate of $65/hour.

If a managed backup solution exists, and Empire Intelligent™ or control panel supplied backup software was enabled, will re-install the operating system and software/configurations previously installed by Empire Intelligent™, on a new hard drive, and will assist with restoration of the system data, at no additional charge. Managed backup solutions exist automatically for all Empire Intelligent™ Virtual Hosting and VPS clientele, as well as Maximum Admin™ Fully Managed clientele, however, Empire Intelligent™ always recommends purchasing additional Remote Backup services as well.

Empire Intelligent™ cannot guarantee full, or even partial, recovery of data from a bug-ridden/compromised system, but will work to the limit of their abilities to restore data, based on defined policy and procedure.

Co-Location clientele are responsible for their own hardware replacement and re-installation of operating system and software/configurations. Operating system re-installation by Empire Intelligent™ will be charged a flat rate of $65.00, and assistance with software/configurations and/or data recovery will be billed at a rate of $65/hour.

Remote Backup clientele are responsible for their own hardware replacement and re-installation of operating system and software/configurations, as well as data recovery. Empire Intelligent™ will supply assistance with connecting to the stored data, to the best of it's ability. Support may be available directly from backup software vendors for their product(s). Empire Intelligent™, at it's discretion, may assist with data restoration at a rate of $65/hour, dealt with on a case by case basis.

Consulting/Networking clientele, utilizing Empire Intelligent™ Remote Backup solutions, will be billed at a rate of $65/hour for hardware replacement work, operating system re-installation, and assistance with software/configurations and/or data recovery. Support may be limited for software/configurations not originally installed/provided by Empire Intelligent™. If Empire Intelligent™ is not performing data recovery, Empire Intelligent™ will supply assistance with connecting to the stored data, to the best of it's ability. Support may be available directly from backup software vendors for their product(s), or the original vendor/installer of your other software/configurations.

MONITORING

Empire Intelligent™ will monitor a single protocol on each system, to verify that the system is operational. The default protocol that is monitored is HTTP (Port 80), however, on systems that do not respond to such, monitoring is performed via another protocol. Available monitoring protocols are HTTP, SMTP, FTP, SSH, and ICMP(PING). The customer may request that a specific protocol and port is monitored, rather than the Empire Intelligent™ default selection. Monitoring of multiple ports may be available at an additional cost. Maximum Admin™ Fully Managed systems are monitored on multiple protocols, including custom protocols, and may be user-defined. If a server fails to respond to a monitored protocol, Empire Intelligent™ will manually attempt to check the status of the server via another protocol. Empire Intelligent™ will automatically reboot systems that fail to respond after a second tested protocol fails. If the second tested protocol responds properly, Empire Intelligent™ will attempt to log into the system to restore/restart service on the initial failed protocol that was being monitored. Empire Intelligent™ does not charge for reboots to any system on the network.

It is the client’s responsibility to update Empire Intelligent™ any time that the root password is changed on a system, otherwise Empire Intelligent™ will be unable to restore/restart failed monitored protocols automatically, and will not be held liable for failure to do such. It is the client’s responsibility to keep access by Empire Intelligent™ monitoring system ip addresses available to their system, and not blocked via firewall, and to notify Empire Intelligent™ any time a port is changed on a monitored protocol or if a protocol disabled. Otherwise Empire Intelligent™ will be unable to provide monitoring services, and will not be held liable for failure to do such. If a protocol is consistently unavailable to the Empire Intelligent™ monitoring system, Empire Intelligent™ may at it's discretion cease monitoring such protocol. In some circumstances, Empire Intelligent™ may override and change the root password to your system, in cases Empire Intelligent™ deems such necessary to correct an urgent issue, or to remedy an AUP/TOS issue.

Internet Access clientele, utilizing Empire Intelligent™ Dedicated and High Speed Wireless solutions, will be monitored by default via ICMP protocol (PING). It is the client’s responsibility to maintain power to the Client Premise Equipment (CPE), otherwise Empire Intelligent™ will be unable to monitor and/or restore/restart services reporting errors, and will not be held liable for failure to do such. If Client Premise Equipment (CPE) is consistently unavailable to the Empire Intelligent™ monitoring system, due to client actions or preferences, Empire Intelligent™ may at it's discretion cease monitoring such service.

AUP/TOS ISSUES

Empire Intelligent™may charge for dealing with AUP/TOS issues, and/or administration work required to prevent such from occuring again in the future. For details on such charges, please review the AUP/TOS policy.

ABNORMAL SUPPORT

Empire Intelligent™ charges a rate of $65/hour for support and/or administration work not included or specified by the terms of this management policy. Support and/or administration work not included or specified by the terms of this management policy, will be performed by Empire Intelligent™ at it's discretion, and dealt with on a case by case basis. Clientele will be informed of such charges in advance, and be required to give authorization to Empire Intelligent™ to proceed with such work.

Phone Support - Empire Intelligent™ provides 24/7/365 phone support to clientele with "fully managed" support contracts. Clientele with "basic managed" support contracts receive phone support for reboots and emergencies ONLY. Phone support provided to "basic managed" clientele is deemed "Abnormal Support", and will be billed at a rate of $65/hour. The Sales, Billing, & Customer Service Depts are available via telephone for all clients, during normal scheduled business hours.

Internet Access - BurstNET's™ responsibility to Internet Access clientele ends at the point of circuit handoff. This includes Client Premise Equipment (CPE), as well as router/switching hardware if supplied and managed by Empire Intelligent™. Abnormal Support provided due to constant client error or misconfiguration of such equipment will be billed at a rate of $65/hour. Empire Intelligent™ will be the sole arbiter as to what constitutes Abnormal Support in such cases. Empire Intelligent™ is not responsible for client's systems or software utilizing such services, but may at it's discretion assist with providing Consulting/Networking services at a rate of $65/hour. In cases of Spam, Spyware, and/or Virus issues, Empire Intelligent™ may find it necessary to suspend service to clientele, until which time such issue is corrrected. Empire Intelligent™ may at it's discretion assist with providing Consulting/Networking services, to assist with cleanup of Spam, Spyware, and/or Virus issues, at a rate of $65/hour.

* Contact Empire Intelligent™ for any item/service not explicitly detailed.

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