(609) 252-1155

HOSTING

GEAR 3 TECHNOLOGIES HOSTING SERVICE AGREEMENT



HARDWARE:
GEAR 3 TECHNOLOGIES, LLC USES HIGH QUALITY COMPONENTS FOR ALL HARDWARE LEASES. 100% OF ALL HARDWARE COMPONENTS LEASED TO THE CLIENT, AS DESCRIBED IN THE SERVER LEASE AGREEMENT, ARE GUARANTEED AGAINST FAILURE. IN THE EVENT ANY COMPONENT FAILS, GEAR 3 TECHNOLOGIES, LLC GUARANTEES TO REPLACE OR REPAIR THE FAULTY COMPONENT AND BRING THE SERVER BACK ONLINE WITHIN SIX (6) HOURS FROM THE TIME THE FAULTY COMPONENT IS IDENTIFIED. IF GEAR 3 TECHNOLOGIES, LLC FAILS TO BRING THE SERVER BACK ONLINE WITHIN SIX (6) HOURS OF IDENTIFICATION OF THE FAILURE, CREDIT WILL BE ISSUED TO THE CUSTOMER FOR TWENTY (20) TIMES THE ACTUAL DOWNTIME. CREDIT WILL BE CALCULATED BASED ON THE CUSTOMER’S CURRENT MONTHLY LEASE RATE, AND WILL NOT EXCEED ONE (1) FULL MONTH OF CREDIT, USING THE FORMULA: TOTAL MINUTES OUTAGE, DIVIDED BY THE TOTAL MONTHLY LEASE RATE (IN COST PER MINUTE), TIMES TWENTY (20). CO-LOCATION (END-USER/CLIENT OWNED EQUIPMENT-NOT LEASED) CUSTOMERS ARE INELIGIBLE FOR THE HARDWARE CLAUSE OF THIS SLA. GEAR 3 TECHNOLOGIES, LLC WILL SUPPORT AND MAINTAIN THE GENERAL WORKING ORDER OF THE SERVER, THIS INCLUDES BASIC USER ADMINISTRATION, OPERATING SYSTEM UPDATES AS WELL AS SUPPORT FOR ANY SOFTWARE IT PROVIDES. GEAR 3 TECHNOLOGIES, LLC IS ALSO AVAILABLE FOR HIRE TO ASSIST IN INSTALLATION OF ANY NEW SOFTWARE OR ASSIST IN CONNECTIVITY OF EQUIPMENT SUCH AS COPIERS, SCANNERS, ETC. GEAR3 WILL PROVIDE BASIC SECURITY SOFTWARE BY DEFAULT, IF CUSTOMER WISHES THEY MAY PROVIDE THEIR OWN SOFTWARE OR GEAR3 CAN PROVIDE PRICING AND RECOMMENDATIONS. GEAR 3 TECHNOLOGIES, LLC IS NOT AT ANY TIME LIABLE FOR ANY DAMAGES DUE TO THE COMPROMISE OF THE USER OR THE SERVER.

NETWORK:
THE GEAR 3 TECHNOLOGIES, LLC NETWORK IS ENGINEERED TO DELIVER THE HIGHEST LEVEL OF NETWORK UPTIME AND AVAILABILITY. GEAR 3 TECHNOLOGIES, LLC GUARANTEES A NETWORK UPTIME OF 99%. NETWORK DOWNTIME IS DEFINED AS 100% PACKET LOSS OCCURRING IN THE TRANSMISSION OF DATA (PACKETS) FROM THE CUSTOMERS LEASED SERVER(S), HOSTED ON-SITE IN THE GEAR 3 TECHNOLOGIES, LLC DATA CENTER, TO THE INTERNET BACKBONE. IN THE EVENT NETWORK UPTIME IS NOT 99%, CREDIT WILL BE ISSUED TO THE CUSTOMER FOR TWENTY (20) TIMES THE DOWNTIME EXCEEDING THE ALLOWANCE. CREDIT WILL BE CALCULATED BASED ON THE CUSTOMER’S CURRENT MONTHLY LEASE RATE, AND WILL NOT EXCEED ONE (1) FULL MONTH OF CREDIT, USING THE FORMULA: TOTAL MINUTES OUTAGE, DIVIDED BY THE TOTAL MONTHLY LEASE RATE (IN COST PER MINUTE), TIMES TWENTY (20). ANY SUSPECTED DOWNTIME MUST BE REPORTED TO A GEAR 3 TECHNOLOGIES, LLC TECHNICIAN AND MUST BE VERIFIED BY AT LEAST TWO (2) TRACE ROUTES FROM INDEPENDENT LOCATIONS. DOWNTIME WILL BE MEASURED FROM THE TIME THE OUTAGE IS REPORTED TO A GEAR 3 TECHNOLOGIES, LLC TECHNICIAN, TO THE TIME THE SERVER IS ABLE TO TRANSMIT AND RECEIVE DATA AGAIN.

MANAGED HOSTING (ADDITIONAL SERVICES UPTIME GUARANTEE):
GEAR 3 TECHNOLOGIES, LLC MANAGED HOSTING CUSTOMERS ARE ELIGIBLE FOR ACCELERATED SUPPORT AND RESPONSE TIMES AS DEFINED BELOW:

DEFINITION:
SERVICE OUTAGES INCLUDE THE AVAILABILITY OF HTTP, POP3, SMTP, FTP, SSL, AND DNS AS CURRENTLY CONFIGURED FOR THE CUSTOMER. DOWNTIME IS DEFINED AS A PRIMARY SERVICE OUTAGE WITH A MINIMUM DURATION OF 15 MINUTES. THE SERVICE MUST BE INACCESSIBLE BY THE CLIENT VIA STANDARD INTERNET UTILITIES ATTEMPTING TO ACCESS THE GEAR 3 TECHNOLOGIES, LLC NETWORK THROUGH THE INTERNET BACKBONE, AND THE SERVICE MUST BE IN A NON-OPERABLE STATE ON THE SERVER.

RESPONSE:
PRIMARY SERVICES (AS DEFINED ABOVE) ARE GUARANTEED TO BE RETURNED TO AN AVAILABLE STATE WITHIN SIX (6) HOURS OF IDENTIFICATION AND CONFIRMATION OF THE OUTAGE BY A GEAR 3 TECHNOLOGIES, LLC TECHNICIAN.

CREDIT:
IN THE EVENT OF A SERVICE OUTAGE EXCEEDING SIX (6) HOURS, CREDIT WILL BE ISSUED TO THE CUSTOMER FOR TWENTY (20) TIMES THE ACTUAL DOWNTIME EXCEEDING THE ALLOWANCE. CREDIT WILL BE CALCULATED BASED ON THE CUSTOMER’S CURRENT MONTHLY LEASE RATE, AND WILL NOT EXCEED ONE (1) FULL MONTH OF CREDIT, USING THE FORMULA: TOTAL MINUTES OUTAGE, DIVIDED BY THE TOTAL MONTHLY LEASE RATE (IN COST PER MINUTE), TIMES TWENTY (20).

LIMITATIONS:
ONLY GEAR 3 TECHNOLOGIES, LLC MANAGED HOSTING CUSTOMERS WILL QUALIFY FOR THE “MANAGED HOSTING SERVICES UPTIME GUARANTEE” AS DEFINED ABOVE. THIS GUARANTEE DOES NOT APPLY TO INACCESSIBILITY OF SERVICES DUE TO ANY NETWORK HARDWARE, SERVICES, OR OTHER INTERNET UTILITIES OUTSIDE OF THE GEAR 3 TECHNOLOGIES, LLC NETWORK, INCLUDING THOSE UTILITIES OR NETWORK SERVICES USED BY THE CUSTOMER TO ACCESS THE INTERNET. THIRD PARTY MONITORING SYSTEMS WILL NOT BE CONSIDERED AS VALID PROOF OF AN OUTAGE WITHOUT SUPPORTING CONFIRMATION BY THE GEAR 3 TECHNOLOGIES, LLC TECHNICAL STAFF. THIS GUARANTEE DOES NOT INCLUDE INCIDENTS INVOLVING THE MALICIOUS ACTIVITIES OF THIRD PARTIES NOT BOUND BY THE SERVER LEASE AGREEMENT. IN THE EVENT OF A HARDWARE FAILURE, THE RESPONSE TIME MAY BE EXTENDED BY AN ADDITIONAL ONE (1) HOUR WHICH WILL ALLOW ADEQUATE TIME FOR HARDWARE REPLACEMENT OR REPAIR. ANY SUSPECTED SERVICE OUTAGE MUST BE REPORTED TO A GEAR 3 TECHNOLOGIES, LLC TECHNICIAN AND VERIFIED BY AT LEAST TWO (2) TRACE ROUTES FROM INDEPENDENT LOCATIONS. DOWNTIME WILL BE MEASURED FROM THE TIME THE SERVICE OUTAGE IS REPORTED TO A GEAR 3 TECHNOLOGIES, LLC TECHNICIAN; TO THE TIME THE SERVICE IS RESPONSIVE AGAIN. CUSTOMERS MUST NOTIFY GEAR 3 TECHNOLOGIES, LLC WITHIN FIVE (5) BUSINESS DAYS OF THE SERVICE OUTAGE. DELINQUENT CUSTOMERS ARE NOT ELIGIBLE FOR ANY PROVISIONS CONTAINED WITHIN THIS SLA. ANY CLIENT WHO CHOOSES NOT TO HAVE THEIR SERVER MONITORED BY OUR MONITORING SYSTEM, OR LIMITS OUR MONITORING SYSTEMS ABILITY TO CONNECT TO THEIR SERVER, WILL NOT BE ELIGIBLE FOR ANY OF THE PROVISIONS CONTAINED WITHIN THE NETWORK SECTION OF THE GEAR 3 TECHNOLOGIES, LLC SLA.

GEAR 3 TECHNOLOGIES, LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS, THEFT, CORRUPTION OR MODIFICATION OF USER FILES/DATA TRANSMITTED, STORED, RETRIEVED, VIEWED, USED OR OTHERWISE PROVIDED IN CONNECTION WITH THIS SERVICE. IN NO EVENT WILL ANY PERSON OR ENTITY CONTROLLING, CONTROLLED BY, OR UNDER COMMON CONTROL WITH GEAR 3 TECHNOLOGIES, LLC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, ATTORNEYS, OR AGENTS (AN “GEAR 3 TECHNOLOGIES, LLC ENTITY”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA OR INFORMATION, LOSS OF USE OF THE SOFTWARE OR THE SERVICES, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) WHICH USER OR OTHERS MAY INCUR OR EXPERIENCE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SERVICES, THE HARDWARE, THE SOFTWARE, THIS AGREEMENT, OR THE EXPIRATION OR TERMINATION OF THIS AGREEMENT, EVEN IF GEAR 3 TECHNOLOGIES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.

ACCEPTABLE USE:

BY USING OUR HOSTING SERVICES, YOU AGREE TO COMPLY WITH OUR POLICIES. YOU ARE EXPECTED TO USE THE INTERNET WITH RESPECT, COURTESY, AND RESPONSIBILITY, GIVING DUE REGARD TO THE RIGHTS OF OTHER INTERNET USERS. WE EXPECT YOU TO HAVE A BASIC KNOWLEDGE OF HOW THE INTERNET FUNCTIONS, THE TYPES OF USES WHICH ARE GENERALLY ACCEPTABLE, AND THE TYPES OF USES WHICH ARE TO BE AVOIDED. COMMON SENSE IS THE BEST GUIDE AS TO WHAT IS CONSIDERED ACCEPTABLE USE. THE FOLLOWING ARE UNACCEPTABLE USES: ILLEGALITY IN ANY FORM, INCLUDING BUT NOT LIMITED TO ACTIVITIES SUCH AS UNAUTHORIZED DISTRIBUTION OR COPYING OF COPYRIGHTED SOFTWARE, HARASSMENT, FRAUD, DRUG DEALING, AND OTHER ILLEGAL ACTIVITIES.

INTERPRETATION
THE PROVISIONS OF THIS POLICY ARE INTENDED AS GUIDELINES AND ARE NOT MEANT TO BE EXHAUSTIVE. GENERALLY, CONDUCT THAT VIOLATES LAW, REGULATION, OR THE ACCEPTED NORMS OF THE INTERNET COMMUNITY, WHETHER OR NOT EXPRESSLY MENTIONED IN THIS POLICY, IS PROHIBITED. GEAR 3 TECHNOLOGIES, LLC RESERVES THE RIGHT AT ALL TIMES TO PROHIBIT ACTIVITIES THAT DAMAGE ITS COMMERCIAL REPUTATION AND GOODWILL.

ILLEGAL USE
GEAR 3 TECHNOLOGIES, LLC SERVERS MAY BE USED ONLY FOR LAWFUL PURPOSES. TRANSMISSION, DISTRIBUTION OR STORAGE OF ANY MATERIAL IN VIOLATION OF ANY APPLICABLE LAW OR REGULATION IS PROHIBITED.

SYSTEM AND NETWORK SECURITY
VIOLATIONS OF SYSTEM OR NETWORK SECURITY ARE PROHIBITED, AND MAY RESULT IN CRIMINAL AND CIVIL LIABILITY. EXAMPLES INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: UNAUTHORIZED ACCESS, USE, PROBE, OR SCAN OF A SYSTEMS SECURITY OR AUTHENTICATION MEASURES, DATA OR TRAFFIC. INTERFERENCE WITH SERVICE TO ANY USER, HOST OR NETWORK INCLUDING, WITHOUT LIMITATION, MAIL BOMBING, FLOODING, DELIBERATE ATTEMPTS TO OVERLOAD A SYSTEM AND BROADCAST ATTACKS, FORGING OF ANY TCP-IP PACKET HEADER OR ANY PART OF THE HEADER INFORMATION IN AN E-MAIL OR A NEWSGROUP POSTING.

SPAMMING 
DIRECTLY OR INDIRECTLY TRANSMITTING OR SUPPORTING THE TRANSMISSION OF UNSOLICITED MAIL MESSAGES, INCLUDING, WITHOUT LIMITATION, COMMERCIAL ADVERTISING AND INFORMATIONAL ANNOUNCEMENTS, IS EXPRESSLY PROHIBITED. A USER SHALL NOT USE ANOTHER SITE’S MAIL SERVER TO RELAY MAIL WITHOUT THE EXPRESS PERMISSION OF THE SITE. IT IS CONTRARY TO GEAR 3 TECHNOLOGIES, LLC POLICY FOR CUSTOMERS TO USE OUR SERVERS TO EFFECT OR PARTICIPATE IN ANY OF THE FOLLOWING ACTIVITIES:

1. TO POST TO ANY USENET OR OTHER NEWSGROUP, FORUM, E-MAIL MAILING LIST OR OTHER SIMILAR GROUP OR LIST ARTICLES WHICH ARE OFF-TOPIC ACCORDING TO THE CHARTER OR OTHER OWNER-PUBLISHED FAQ OR DESCRIPTION OF THE GROUP OR LIST;

2. TO TRANSMIT OR SUPPORT THE TRANSMISSION OF UNSOLICITED MASS E-MAILINGS, WHETHER SUCH UNSOLICITED E-MAILINGS PROVOKE COMPLAINTS FROM THE RECIPIENTS OR NOT;

3. TO ENGAGE IN ANY OF THE FOREGOING ACTIVITIES USING THE SERVICE OF ANOTHER PROVIDER, BUT CHANNELING
SUCH ACTIVITIES THROUGH A GEAR 3 TECHNOLOGIES, LLC PROVIDED SERVER, OR USING A GEAR 3 TECHNOLOGIES, LLC PROVIDED SERVER AS A MAIL DROP FOR RESPONSES;

4. TO FALSIFY USER INFORMATION PROVIDED TO GEAR 3 TECHNOLOGIES, LLC OR TO OTHER USERS OF THE SERVICE IN CONNECTION WITH USE OF A GEAR 3 TECHNOLOGIES, LLC SERVICE.

BULK EMAIL SENDING
DIRECTLY OR INDIRECTLY TRANSMITTING BULK OR MASS EMAILS IS PROHIBITED. EMAIL SEND LIMIT FOR SHARED WEB HOSTING PLANS IS 50 RECIPIENTS . GEAR 3 HAS A ZERO TOLERANCE POLICY FOR SPAMMING THAT CAN LEAD TO TERMINATION OF WEB HOSTING ACCOUNT ALONG WITH FEES FOR OUR TECHNICIAN’S TIME TO ADDRESS CONSEQUENCES AND REQUEST BLACKLIST REMOVALS.

CONSEQUENCES OF VIOLATION
WHEN GEAR 3 TECHNOLOGIES, LLC BECOMES AWARE OF AN ALLEGED VIOLATION OF ITS ACCEPTABLE USE POLICY, GEAR 3 TECHNOLOGIES, LLC WILL INITIATE AN INVESTIGATION. DURING THE INVESTIGATION GEAR 3 TECHNOLOGIES, LLC MAY RESTRICT CUSTOMER’S ACCESS IN ORDER TO PREVENT FURTHER POSSIBLE UNAUTHORIZED ACTIVITY. DEPENDING ON THE SEVERITY OF THE VIOLATION, GEAR 3 TECHNOLOGIES, LLC MAY, AT ITS SOLE DISCRETION, RESTRICT, SUSPEND, OR TERMINATE CUSTOMER’S ACCOUNT AND/OR PURSUE OTHER CIVIL REMEDIES. IF SUCH VIOLATION IS A CRIMINAL OFFENSE, GEAR 3 TECHNOLOGIES, LLC WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT OF SUCH VIOLATION. GEAR 3 TECHNOLOGIES, LLC DOES NOT ISSUE SERVICE CREDITS FOR ANY OUTAGES INCURRED THROUGH SERVICE DISABLEMENT RESULTING FROM POLICY VIOLATIONS.

MODIFICATION
GEAR 3 TECHNOLOGIES, LLC RESERVES THE RIGHT TO ADD, DELETE, OR MODIFY ANY PROVISION OF THIS POLICY AT ANY TIME WITHOUT NOTICE.

REPORTING NETWORK ABUSE
ANY PARTY SEEKING TO REPORT ANY VIOLATIONS OF GEAR 3 TECHNOLOGIES, LLC’S POLICY MAY CONTACT VIA E-MAIL: INFO@GEAR3.COM

REFUNDS
UNLESS SPECIFIC TERMS ARE OUTLINED UPON ACCEPTANCE OF SERVICES, ANY ANNUAL PREPAY ACCOUNTS WHICH ARE CANCELLED PRIOR TO END OF THE TWELVE (12) MONTH TERM WILL BE CREDITED BASED ON THE MONTH TO MONTH RATE AT THE TIME OF THE SIGNUP. ALL AMOUNTS WILL BE PRORATED TO THE EXACT DATE OF THE CANCELLATION; HOWEVER 30 DAYS WRITTEN NOTICE IS REQUIRED TO CANCEL SERVICES. ANY ADDITIONAL DISCOUNTS WHICH WERE APPLIED AS A RESULT OF THE ANNUAL PREPAYMENT WILL BE DEDUCTED FROM THE REFUNDED AMOUNT. IF SPECIFIC TERMS ARE OUTLINED IN THE INITIAL OR RENEWED SERVICE AGREEMENT AND ARE TERMINATED EARLY BY THE SUBSCRIBER, AN EARLY TERMINATION FEE EQUAL TO 50% OF THE REMAINING CONTRACT WILL BE CHARGED TO SUBSCRIBER.

SEVERABILITY:
IF ANY TERM OR PROVISION OF THIS AGREEMENT IS HELD TO BE VOID OR UNENFORCEABLE, THAT TERM OR PROVISION WILL BE SEVERED FROM THIS AGREEMENT, THE BALANCE OF THE AGREEMENT WILL SURVIVE, AND THE BALANCE OF THIS AGREEMENT WILL BE REASONABLY CONSTRUED TO CARRY OUT THE INTENT OF THE PARTIES AS EVIDENCED BY THE TERMS OF THIS AGREEMENT.

CAPTIONS:
THE CAPTIONS USED IN THIS AGREEMENT ARE FOR THE CONVENIENCE OF THE PARTIES ONLY AND WILL NOT BE INTERPRETED TO ENLARGE, CONTRACT, OR ALTER THE TERMS AND PROVISIONS OF THIS AGREEMENT.