Hardware as a Service (HaaS) Addendum | EPY Host

1. 1. HaaS Lease Agreement

This agreement, known as the Hardware as a Service Lease Agreement (Haas), establishes a formal contract between EPY Host and the Client. The purpose of this agreement is to facilitate the lease or lease-to-own arrangement for specific computer hardware equipment. It is important to note that the designated equipment will be situated, overseen, and provided support exclusively within the EPY Host facility.

2. 2. Term

The Haas agreement's duration is established when a valid Service Order Form ("SOF") is signed and lasts for 12, 24, or 36 months, depending on the chosen term. After the initial term concludes, the agreement automatically renews for another term. At this point, the Client can decide to acquire full ownership of the hardware or continue using it on a monthly basis without any buyout provision.

3. 3. Client Buyout

When the Service Order Form is signed, the Client has the choice to buy the hardware at the end of the Term, provided the Lease to Own option is selected on the form. To exercise this option, the Client must indicate on the relevant Service Order Form whether they want to purchase the specified hardware at the agreed-upon Term's conclusion or continue monthly usage.

The Buyout price for each specified piece of hardware is set at one dollar ($1.00). It's important to note that each Service Order Form related to leased hardware constitutes a distinct lease-to-own agreement. This agreement becomes binding upon execution by the Parties, including their successors, legal representatives, and permitted assigns.

The terms outlined in this agreement, along with those specified in the Service Order Form or Order Forms, govern the lease-to-purchase arrangement and the ongoing use of the hardware.

4. 4. Monthly Payment

The Client is required to make the monthly payment specified in the Service Order. Additionally, there may be a Setup fee, which is equal to one monthly payment under the Hardware as a Service Agreement. If payments are not made on time, a 10% per month interest will be applied to any overdue balances.

5. 5. NO PREPAYMENT PENALTY

If the Client chooses the Lease to Own option, there won't be any prepayment penalty. The Lessee has the opportunity to buy the specified Hardware before the expiration of the HOF by paying all the monthly rental amounts in advance. Once all the owed funds are received, the Lessor will transfer all rights, title, and interest in the relevant Hardware, subject to sale.

6. 6. Installation and Use of Equipment

EPY Host will provide appropriate facilities and electricity in one of its managed locations, as selected by the Client. The Client will have possession of the equipment within a licensed space, which can be relocated from an EPY Host facility only upon Buyout. EPY Host will take care of all alterations, upgrades, and modifications to the Equipment.

7. 7. Maintenance, Repairs, and Best Effort Support

The monthly service payment covers all expenses related to hardware, software, operating systems, and the required labor to upkeep the listed Equipment Schedule(s) in the Service Order Form. EPY Host will offer Best Effort Support, and the Client is accountable for:

1. A. Utilizing all equipment in a lawful manner.
2. B. Making sure there is a proper backup for essential business data stored on computer hardware.
3. C. Only allowing EPY Host to decide on suitable software updates. If maintenance is performed by others, it may lead to extra charges for labor-related repairs.
8. 8. Service Level Agreements (SLA)

The EPY Host Service Level Agreement ("SLA") outlines the terms for utilizing EPY Host Hardware as a Service ("HaaS") as specified in the Master Service Agreement (the "MSA") between EPY Host and its Clients. We retain the right to make changes to this SLA in accordance with the terms of the MSA.

1. A. REPLACEMENT

We assure a 4-Hour Hardware Replacement Guarantee. If any hardware within EPY Host's data center fails and is reported by the Client, we commit to replacing it within 4 hours of identification.

2. B. COMPENSATION

If we fail to replace the hardware within 4 hours, EPY Host will credit the Client for one day of their monthly hosting charges. Additional credits will be provided for each subsequent four-hour block beyond the initial guarantee, up to 100% of the monthly payment if necessary. Requests for credit must be submitted within 7 days of the hardware replacement.

3. C. DISCLAIMER

It's important to understand that the replacement guarantee specifically covers the failed hardware itself. The time taken for tasks such as reloading the operating system, applying data restorations, and backups (if needed) is not included in the calculation of the hardware outage time.

9. 9. Hardware Replacement

If you encounter any hardware operational issues, please open a support ticket with EPY Host Support at support@epyhost.com. We commit to responding to service requests within four hours and will take care of repairing or replacing the faulty hardware as necessary. It's important to note that any repairs resulting from misuse or third-party intervention will be the responsibility of the Client. EPY Host reserves the right to decide on required hardware upgrades, and any resulting increase in the Client's monthly fees will be at our discretion.

10. 10. System Backups

It is the Client's responsibility to regularly back up their content to a remote location. EPY Host does not assume any responsibility and relinquishes liability for data loss caused by system or hardware failure.

11. 11. Guaranteed Response Time

EPY Host assures that we will acknowledge any service request within four hours.

12. 12. Ownership and Inspection

The computer hardware always stays with the Client unless they choose the Buyout option. It's important to recognize that the Equipment is considered individually identifiable personal property.

1. A. The Client is required to ensure that the Equipment is clear of any liens or encumbrances.
2. B. EPY Host or its representatives may access the Equipment at reasonable times for inspection or other purposes in accordance with this Agreement.
3. C. Please promptly report any damage or loss related to the Equipment to EPY Host.
13. 13. Security Interest

EPY Host has a security interest in the computer hardware. In the event of a default by the Client, EPY Host retains the right to reclaim all supplied computer equipment, irrespective of any Order or Service Order(s).

14. 14. Default

The Client is considered in default if:

1. A. Not making payment for any installment of the Monthly Payment.
2. B. Trying to sell, trade, or exchange the Equipment with a third party.
3. C. Not meeting other responsibilities specified in this agreement.
4. D. Ceasing business operations.

If there is a default, the Consultant has the right to take various actions, which may include terminating the agreement and reclaiming the equipment.

15. 15. TERMINATION

When the Lease is concluded, the Lessee is responsible for returning the Hardware to the Lessor at their own expense. The Hardware should be in the same operational order, repair, condition, and appearance as it was on the Installation Date, except for reasonable wear and tear. The Lessee is obliged to arrange and cover any necessary repairs for the manufacturer to accept the Hardware under contract maintenance.

In the case of Lease to Own termination, the Lessee is required to acquire all relevant equipment specified in the corresponding HOF. Upon Buyout, the Lessee will become the owner of the purchased hardware. The Lessor will promptly furnish all documentation for hardware conveyance and deliver it to the Lessee as specified by the Lessor.

The Lessee is obligated to adhere to all governmental laws, regulations, and insurance requirements related to the use, maintenance, and operation of the Hardware.

16. 16. MISCELLANEOUS CHARGES

The Lessor is accountable for all costs and expenses associated with this Agreement or the Hardware, unless otherwise specified herein.

17. 17. WARRANTIES
1. Upon Lessee's request and at their expense, the Lessor will take steps to enforce any rights against the manufacturer regarding the Hardware.
2. UNLESS EXPLICITLY STATED OTHERWISE HEREIN, NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARE MADE REGARDING THE CONDITION, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PATENT INFRINGEMENT OF THE HARDWARE. THE LESSOR IS NOT RESPONSIBLE FOR ANY CLAIMS, LOSSES, OR DAMAGES, INCLUDING SERVICE OR BUSINESS INTERRUPTIONS, ARISING FROM OR RELATED TO THE HARDWARE.
18. 18. DEFINITIONS
1. A. "Installation Date": Date when the Hardware was installed at the Lessee's site.
2. B. "Commencement Date": Date mentioned in the Hardware Order Form (HOF) where...

Colo Services Addendum

1. 1. Facility Licensed Collocation Service Level Agreements (SLA)

The EPY Host Service Level Agreement ("SLA") outlines the use of EPY Host Colocation as per the Master Service Agreement (MSA) between EPY Host and its Clients. This SLA adheres to the terms of the MSA, with any modifications subject to the MSA.

1. A. 100% Infrastructure Uptime

EPY Host guarantees continuous operation of data center heating, ventilation, and air conditioning (HVAC) systems and power, except during planned maintenance. Any downtime caused by power, heat, or humidity issues affecting critical system equipment is categorized as infrastructure downtime.

2. B. Monitoring

Clients are required to keep an eye on services and quickly notify EPY Host through email at support@epyhost.com of any identified failure events. EPY Host will kick off a response within 15 minutes based on the response plan provided by the Client.

3. C. Power
1. i. Primary Circuit vs. Primary and Secondary Circuit

Clients can choose to obtain power from Primary/Secondary systems to enhance redundancy, a highly recommended measure for ensuring mission-critical uptime. The total amperage across both circuits in a Primary/Secondary setup should not surpass 40% of their combined total load. EPY Host offers outlets for both Primary and Secondary Power drops, but it is the Client's responsibility to utilize redundant power supplies or an Automatic Transfer Switch (ATS) for outage failover. EPY Host does not assume responsibility for the performance of Client equipment during transitions.

2. ii. Primary Power Quantity Availability

In a Primary power setup, the client will receive up to 80% of a breakered circuit, in accordance with the 2008 NEC Section 210-19a. If it's a Primary/Secondary power arrangement, the allocation decreases to 40% of the total breakered circuit.

3. iii. Credit Schedule for Power

The table below explains the exclusive solution available to the Client in the event of failures to meet the Facility Service Level Objectives in data center colocation services.

Power Failure Time	Cumulative Unavailability (Hours:Minutes:Seconds)	Service Level Credit Schedule for Failure of Primary Circuit in a Single Power Configuration	Credit Schedule for Service Levels When Both Primary and Secondary Circuits Fail in a Dual Power Setup
00:00:01 - 00:10:00	1%	25%
00:10:01 - 01:30:00	2 minutes	5%	35%
01:30:01 - 08:00:00	10%	50%
08:00:01 - 16:00:00	20%	75%
16:00:01 - 24:00:00	30%	100%
24:00:01 - 32:00:00	40%	100%
32:00:01 - 48:00:00	50%	100%
48:00:01 or greater	100%	100%

4. 1. Time accumulation begins as outlined in section 1.E: Service Level Credits.
5. 2. Service Level Credit is given as a percentage of the Total Monthly Recurring Charge for Datacenter Colocation Services.
4. D. Temperature and Humidity

Clients are required to keep an eye on services and promptly notify EPY Host via email at support@epyhost.com of any identified failure events. EPY Host will start responding within 15 minutes based on the response plan provided by the Client.

1. a. Temperature

EPY Host is committed to maintaining an ambient temperature of 72 degrees Fahrenheit, with a permissible range of plus or minus 5 degrees (72°F ± 5°F), measured at the closest supply grill at all times. It's the client's responsibility to monitor temperature changes that may require a credit and to request on-site staff to measure the temperature.

2. b. Humidity

EPY Host aims to maintain a consistent ambient humidity level of 45 percent, with an acceptable range of plus or minus 15 percent (45% ± 15%). The client is responsible for keeping an eye on humidity fluctuations that may qualify for a credit and should ask on-site staff to measure the humidity when needed.

3. c. Credit Schedule for Temperature and Humidity SLA

The table below details the exclusive remedy available to the Client in the event of failures to meet the Facility Service Level Objectives in data center colocation services:

Service Level Objective	Service Level Failure	Service Level Credit
Temperature	This occurs when the ambient air temperature remains outside the defined range for four (4) consecutive hours after the initial temperature reading outside that range.	For each six (6) hour period during humidity failure, the client is eligible for a credit of 5% of the total monthly recurring charges for datacenter colocation services in their area. In the case of consecutive six (6) hour periods during critical humidity failure, the credit increases to 10% of the total monthly recurring charges for datacenter colocation services in the client's area.
Temperature: Critical Failure	This happens when the average ambient air temperature at the closest supply grill is eighty-seven degrees Fahrenheit (87°F) or higher.	During critical temperature failure, the affected client area is eligible for a credit of 10% of the total monthly recurring charges for datacenter colocation services for each consecutive four (4) hour period.
Humidity	This happens when the average ambient air relative humidity is beyond the range of forty-five percent (45%), with a permissible deviation of fifteen percent (15%), six (6) hours after the primary humidity reading fell outside that range.	For each six (6) hour period during humidity failure, the Client area is entitled to a credit of 5% of the total monthly recurring charges for datacenter colocation services.
Humidity: Critical Failure	This occurs when the average ambient air relative humidity is above sixty-one percent (61%) six (6) hours after the initial humidity reading exceeded sixty-one percent (61%), resulting in condensation in the Client area.	For each consecutive six (6) hour period during critical humidity failure, the Client area is eligible for a credit of 10% of the total monthly recurring charges for datacenter colocation services.

5. E. Service Level Credits
1. a. A Service Level Failure commences when EPY Host receives a detailed incident report from the Client and concludes when the affected service is back to normal.
2. b. Service Level Credits will be reflected on the Client's invoice after processing and will be calculated as a credit to the Monthly Recurring Charges.
3. c. No Service Level Credits apply to network services in bundled packages or for service interruptions caused by the Client, equipment failure provided by the Client, lack of access to service premises, planned maintenance, or implementation of Client orders.
4. d. The maximum credit for EPY Host's failure to meet its Facility Service Level Agreement is capped at the total monthly recurring charge for datacenter colocation services by the Client for the month of the failure.
2. 2. Network SLA

This Network SLA is specifically for clients using EPY Host network services. If the Client utilizes a third-party carrier, EPY Host's Network SLA does not apply, and the Client depends entirely on that carrier's SLA.

1. A. 100% Network Uptime Guarantee

EPY Host guarantees 100% network availability throughout the billing cycle, except during scheduled maintenance and promotional bundles that involve bandwidth. No credit is offered if downtime occurs due to specific causes outlined in the agreement.

2. B. REPORTING REQUIRED

Clients are required to report downtime incidents to EPY Host either via email to support@epyhost.com or by submitting through EPY Host's portal at https://www.billing.epyhost.com/ within three (3) days of the event's start. Each report should cover only one event. Please provide details like service type, IP Address, and a thorough description of the service interruption, including any applicable logs. Downtime officially begins when EPY Host receives the email "ticket" confirming an outage and ends when EPY Host, at its sole discretion, resolves the issue.

3. EXCLUSIONS

Clients who are currently behind in payments or have been late three or more times in the previous 12 months are not eligible for an SLA credit for Downtime. Valid SLA claims cannot be credited if a Client has outstanding abuse issues. However, once the Client resolves their abuse issues, EPY Host will happily credit all valid claims. Making false or repetitive claims may result in a $50 fee per incident and may violate the account's Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities, such as attacks or counter-attacks, are in violation of the Acceptable Use Policy and Terms and Conditions and are therefore not entitled to SLA credits.

4. SUPPORT

EPY Host ensures that its professionals respond to Client support tickets or inquiries submitted to support@epyhost.com within a 20-minute timeframe.

3. 3. Representations, Warranties, and Covenants
1. A. Client
1. i. Agrees to adhere to all laws, rules, and regulations of EPY Host.
2. ii. Will avoid causing disruptions or interference with any other tenant or occupant of the facility.
3. iii. Should own or have the legal right/authority to any Client equipment covered by this agreement.
4. iv. Will refrain from using any Client equipment or services provided to violate intellectual property rights.
5. v. Will use Client equipment in the designated Client Area in accordance with the environmental and other specifications provided by the manufacturers.
6. vi. Will refrain from using the facility or services for activities that pose a risk or for life-critical applications.
7. vii. Takes full responsibility for maintaining, ensuring integrity, retaining, securing, and backing up Client content. Also, commits to complying with security, privacy, legality, and safe handling of data.
2. B. EPY Host
1. i. Has the legal right and authority to provide the Client with a license to use the Client Area for the purposes outlined in this agreement.
2. ii. Will continue to possess the legal right and authority for the same purpose.
3. iii. Pledges to adhere to all federal, state, local, and international laws while delivering services.
4. iv. Will follow any mutually agreed-upon Service Level Agreement (SLA) while delivering services.
5. v. Will uphold adequate physical security measures to safeguard Client content.
6. vi. Will not allow or authorize any third party to impose claims, liens, or encumbrances on the Client or any relevant party.
7. vii. Retains ownership of the EPY Host website, services, intellectual property, software, interface, content, logos, brands, and marks.
8. viii. Holds ownership of all items installed in the Client Area, excluding Client-owned equipment.
3. C. Disclaimer
1. Except for the representations, warranties, and covenants specified above, EPY Host offers services and space to the Client on an "as-is" basis. The Client's use of these services is at their own risk. EPY Host does not provide guarantees or warranties, including but not limited to, tenantability, habitability, merchantability, fitness for a particular purpose, title, non-infringement, or warranties arising from the course of dealing, use, or trade practice. EPY Host does not assure that the facility services provided under this agreement will be uninterrupted, error-free, or entirely secure.
2. Both parties confirm that they have not dealt with a broker or referrer not documented on the Service Order Form (SOF). If a person or entity, not mentioned as the broker/referrer on record, asserts a finder's fee, brokerage commission, or any other compensation for acting in that capacity, the party alleged to have brokered indemnifies the other party against all claims, costs, expenses, and liabilities related to that assertion. This encompasses, but is not restricted to, attorney's fees and court costs for defending against the claim.
4. 4. Insurance
1. A. Our insurance
1. i. EPY Host maintains comprehensive general liability insurance, providing coverage of at least $1 million per occurrence for bodily injury and property damage.
2. ii. EPY Host holds employer's liability insurance as mandated by law.
2. B. Client's insurance, policy requirements, and assurances
1. i. The Client is required to have comprehensive general liability insurance with a minimum coverage of $1 million per occurrence for bodily injury and property damage.
2. ii. The Client is obligated to maintain employer's liability insurance with a minimum coverage of $1 million per occurrence.
3. iii. The Client will have worker's compensation insurance as mandated by law.
4. iv. The Client is responsible for insuring their equipment.
5. v. The agents, contractors, and subcontractors of the Client will uphold insurance coverage as mandated by law.
6. vi. The Client is required to notify EPY Host at least 30 days in advance of any changes, cancellations, or limit adjustments made to insurance policies. It's important to note that cancellation or modification of policies does not relieve the Client of their obligation to maintain coverage.
7. vii. All policies will be written on a "per-occurrence" policy form.
8. viii. Client assumes all risks of damage or injury caused by events originating from Client, Client's agents, or employees and waives all such claims against EPY Host unless caused by negligence or willful action by EPY Host, its agents, or employees.
9. ix. The Client takes responsibility for all risks of damage or injury arising from events caused by the Client, the Client's agents, or employees. The Client waives any claims against EPY Host unless such events are a result of negligence or willful action by EPY Host, its agents, or employees.
10. x. The Client is required to promptly report any fire, accident, or defects discovered in the Client Area or the facility to EPY Host.
5. 5. Alterations to Client Area:

If specified in the Client Service Order Form (SOF), the Client is allowed to undertake work in the Client Area or designate someone to perform such work. The following provisions apply to this work:

1. A. The Client will carry out or authorize the designated work as described in the Service Order Form (SOF) and will promptly pay for it. Additionally, the Client will ensure that the facility and Client Area remain free from liens or claims related to the alterations performed.
2. B. The Client is prohibited from interfering with work conducted by EPY Host, its employees or agents, or other Clients.
3. C. Before initiating any work, the Client is required to provide proof of insurance as stipulated. The Client also assumes responsibility for damages or risks arising from the designated work.
4. D. Design plans must be submitted to EPY Host for approval, following rules, regulations, and safety standards. EPY Host will promptly review the plans, communicate any objections, and upon approval, these plans will be considered Final Plans.
5. E. Upon termination of this agreement, all improvements or modifications made to the real estate become a part of EPY Host's real property and are owned by EPY Host. The Client retains the right to remove movable furniture, hardware, materials, and trade fixtures.
6. F. EPY Host does not provide a warranty for any work carried out in the Client Area by the Client, the Client's agents, or employees, even if final plans have been approved by EPY Host.
7. G. EPY Host reserves the right to set requirements for work conducted in the Client Area, including but not limited to requiring that the Client:
1. i. Utilize a licensed contractor.
2. ii. Furnish details and background information about engineers, contractors, subcontractors, and suppliers.
3. iii. Obtain and display necessary permits.
4. iv. Acquire and display the necessary permits.
5. v. Submit conditional and final lien waivers as required by Arizona law for all involved professionals.
6. vi. Authorize EPY Host to inspect the work with reasonable notice.
7. vii. Engage a contractor selected by EPY Host for any work impacting the fire detection system.
8. viii. Comply with reasonable insurance coverage requirements.
9. ix. Finish the work within a reasonable timeframe.
6. 6. Casualty and Condemnation:
1. A. Casualty
1. i. If the Client Area is damaged or destroyed by fire or other casualty, EPY Host will restore it to its original condition as of the commencement date. EPY Host is not obligated to repair or replace the Client's fixtures, furnishings, equipment, or personal property.
2. ii. EPY Host has the option to commence repairs once a substantial portion of the insurance proceeds becomes available but is not obligated to spend more than the amount received.
3. iii. EPY Host will receive and hold the insurance proceeds.
4. iv. If the damage or destruction is not covered by EPY Host's insurance or exceeds 25% of the replacement cost, or if it happens in the last year of the term, there are termination options available to the Client or EPY Host. The party choosing to terminate must give notice within 60 days, and any insurance proceeds for the Client's Area will be retained by EPY Host.
5. v. If the agreement continues, fees may be lowered until the restoration is completed.
6. vi. If a mortgagee necessitates applying insurance proceeds to the indebtedness, EPY Host can terminate the agreement with written notice, altering the expiration date.
7. vii. The Client relinquishes any statutes that permit fee reduction or termination, except as expressly specified in this section or elsewhere in the agreement.
2. B. Condemnation
1. i. If the Client Area is acquired through eminent domain, condemned, reconfigured, or necessitates reconstruction due to changes in adjacent properties, either party has the option to terminate the agreement.
2. ii. The party choosing to terminate must give written notice within 45 days, within 180 days of the relevant event.
3. iii. EPY Host is eligible to receive any awards or payments associated with such an event.
4. iv. The Client can file separate claims for their personal property or fixtures, as long as it doesn't reduce EPY Host's award and is payable separately.

Managed Services Addendum

1. 1. AGREEMENT

This addendum, known as the Technical Addendum, outlines the Managed Services provided by EPY Host for managing and monitoring client infrastructures and environments (the "Services"). EPY Host commits to delivering the Services detailed in this agreement through its internal support department. The Agreement between the Client and EPY Host specifies the service description and obligations governing EPY Host's provision of Services to the Client and the Client's use of those Services. Managed Services are provided by EPY Host under the Master Service Agreement ("MSA"), incorporated herein by reference, along with these terms and conditions. This Agreement includes the terms and conditions presented here, the MSA, and any other relevant terms and conditions for additional EPY Host Services ordered or used by the Client, fully integrated herein (collectively, the "Agreement"). In the event of a conflict between the Terms and Conditions and a Custom Statement of Work ("SOW"), the SOW will take precedence.

2. 2. THE SERVICE

The services detailed in this document, along with optional customized services, are designed to outline the specific support services, activities, and deliverables that EPY Host will provide to the Client through this Managed Services offering. EPY Host will deliver the services described below and/or any additional customized services specified on the Service Order Form ("SOF") or Statement of Work ("SOW") for which EPY Host has received the corresponding fee.

There are three available packages for managed services:

1. • Basic
2. • Advanced
3. • Custom


1. A. Basic Package Features
1. • Includes all the specified server and network management capabilities outlined in the Technical Scope
2. • Monitors the availability of up to five custom services per managed server or virtual machine (VM).
3. • Select one from six pre-defined windows for patching.
4. • Guaranteed first meaningful response within one hour.


2. B. Advanced Package Features
1. • Continuous monitoring for an unlimited number of custom services on each managed server or VM.
2. • Flexibility to set a personalized patching window for the account, excluding off-limits hours determined by NOC Services from 7:00 a.m. to 12:00 p.m., MST.
3. • Includes up to one (1) hour of personalized work per month, where custom work refers to non-automated tasks requested by the customer.
4. • Receive automated weekly emails containing performance statistics for both servers and networks.
5. • Proactively identify and address issues, going beyond regular customer support procedures.
6. • Assurance of a response within the first 30 minutes that is meaningful and addresses the core of the issue.


3. C. Custom Package Features
1. • Includes all the server and network management features outlined in the Technical Scope, as well as extra capabilities and duties specified in a personalized Statement of Work (SOW).
2. • Monitors the availability of an unlimited number of custom services for each managed server or virtual machine (VM).
3. • Allows you to establish a custom patching window for each application or service group, as detailed by pre-sales engineering in the Statement of Work (SOW). However, this customization is not permitted during the off-limits hours specified by NOC Services, which are from 7:00 a.m. to 12:00 p.m., Mountain Standard Time (MST).
4. • Includes up to three (3) hours of Custom Work per month. Custom Work refers to non-automated tasks requested by the customer.
5. • Proactive troubleshooting and attempted resolution, going beyond the regular customer escalation process.
6. • Ensuring a First Meaningful Response within 30 minutes.


3. 3. TECHNICAL SCOPE
1. A. Monitoring Services
1. • Keep an eye on different performance metrics, application services, and availability using ICMP pings, host agents, and SNMP trap collection.
2. • Continuous device monitoring 24/7, every day of the year.
3. • Monitoring CPU usage, memory, disk performance, and system load.
4. • Tracking system uptime.
5. • Monitoring basic up/down status through ICMP pings.
6. • Monitoring ports for connectivity.
2. B. Managed Servers
1. • Monitoring operating systems including Windows (2008/2012), Linux (CentOS, Ubuntu, Debian), and ESXi.
2. • Handling hardware and operating system issues:
1. ◦ Providing guidance on how-to inquiries
2. ◦ Resetting passwords
3. ◦ Addressing system/network up/down issues
4. ◦ Assisting with Rack and Stack requests
5. ◦ Diagnosing hard disk drives using SMART diagnostic tools
6. ◦ RAID diagnostics using RAID tools provided by the vendor
7. ◦ Setting up front-end and back-end ports
8. ◦ Addressing and resolving file system issues
3. • Resolving control panel issues for cPanel/Plesk:
1. ◦ Configuring control panel settings
4. • Linux, Apache, MySQL, PHP/Python/Perl (LAMP) stack:
1. ◦ Resolving issues related to the operating system, web application stack, analyzing HTTP responses, and debugging.
2. ◦ Resolving caching and load balancing issues.
3. ◦ Resolving Apache setup and configuration issues.
4. ◦ Addressing Virtual Host (Vhost) configuration issues.
5. • Diagnosing and addressing network connectivity issues:
1. ◦ Diagnosing and resolving speed/duplex synchronization issues.
2. ◦ Configuring VLANs for network segmentation and organization.
3. ◦ Setting up and configuring both front-end and back-end ports for optimal network performance and organization.
4. ◦ Assigning and configuring IP addresses for the front-end of the network to ensure proper communication and connectivity.
5. ◦ Configuring Open Shortest Path First (OSPF) protocols on the front end of the network to optimize routing and enhance communication efficiency.
6. • Addressing and resolving delays or lags in server and network responsiveness for improved performance:
1. ◦ Examining traceroute results to identify and diagnose network routing issues.
2. ◦ Analyzing ICMP packet data to troubleshoot and identify network issues.
3. ◦ Implementing measures to mitigate Denial of Service (DoS) and attack vectors through packet filtering.
7. • Providing Remote Hands Support for physical tasks and troubleshooting as needed.
3. C. Managed Firewall
1. • Administering user accounts and permissions.
2. • Setting up connections and assigning public IPs.
3. • Setting up private networks.
4. • Establishing objects.
5. • Configuring and setting up basic Network Address Translation (NAT).
6. • Implementing fundamental security policies.
7. • Overseeing important firmware updates.
8. • Keeping track of the most recent and three (3) prior device configurations.
4. D. Managed Switch
1. • Creating and overseeing user accounts.
2. • Establishing SSH connections for management purposes.
3. • Setting up and configuring management connections.
4. • Performing basic network management tasks:
1. ◦ Adding or removing IP addresses.
2. ◦ Adding or removing VLANs or Virtual Ethernet interfaces (VEs).
3. ◦ Adding or removing static routes.
5. • Dealing with port-related issues such as errors, bouncing, and protection.
6. • Handling crucial firmware updates.
7. • Keeping the current and the three (3) most recent device configurations.
5. E. Patch Management
1. • Essential operating system and security updates.
2. • Windows 2008/2012, CentOS, Ubuntu, and ESXi operating systems.
3. • Apache/IIS, cPanel/Plesk, PHP, MySQL, Java, and Tomcat applications.
4. • Identifying and downloading patches for your systems.
5. • Deploying patches during pre-defined maintenance windows in your production environment.
6. • Notifying the client upon completion of the patch deployment.
7. • Rolling back changes when necessary, using commercially reasonable efforts.
8. • Handling Domain Name Services (DNS) and SSL Certificates.
9. • Registering and overseeing domain names using EPY Host DNS servers.
10. • Resolving problems related to external name resolution and reverse lookup resolution.
11. • Handling the registration and renewal of SSL certificates.


4. 4. SERVICE LEVEL AGREEMENT

EPY Host's managed services offering follows the guidelines outlined in the Service Level Agreement ("SLA") addendums. For details regarding credits, please refer to the corresponding SLA addendum.

5. 5. DISCLAIMERS

EPY Host extends its managed services offering to EPY Host Clients. Clients are required to provide the necessary credentials for accessing their environments. Clients confirm that their owned or leased hardware and software are in good working condition. EPY Host does not conduct a health test on the Client's environment before providing the Services outlined herein. If EPY Host determines that the client environment was not in good working order before or during the service delivery, additional charges may apply. Clients should submit any modifications or related requests for this offering through the standard support ticket process outlined in the MSA at support@epyhost.com.

6. 6. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL EPY Host BE HELD LIABLE FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATED TO THE MASTER SERVICES AGREEMENT, MANAGED SERVICES, OR ANY THIRD-PARTY SOFTWARE. EPY Host IS NOT LIABLE FOR ANY PROGRAMS OR DATA USED WITH THIRD-PARTY SOFTWARE, INCLUDING ANY LOSS OF PROGRAMS OR DATA OR THE COSTS ASSOCIATED WITH DATA RECOVERY. THE TOTAL CUMULATIVE LIABILITY OF EPY Host CONCERNING THIS AGREEMENT AND ANY SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES PAID FOR THE SERVICES BY THE CLIENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. THE CLIENT ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK AS SET FORTH IN THIS AGREEMENT, AND EPY Host WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH WILL BE INTERPRETED BROADLY TO LIMIT THE LIABILITY OF EPY Host.

Security Services Addendum

1. 1. INTRODUCTION

EPY Host's Security Services offer clients a flexible information security solution designed to identify and alert against potential security threats to their environment. This exclusive system integrates advanced hardware, software, and security industry expertise to actively observe and monitor client networks, endpoints, and related events, detecting anomalous actions and potential security risks.

2. 2. AGREEMENT

This Security Services Addendum ("SSA") details the specific terms and conditions for EPY Host to provide Information Security Services to the Client. The Master Service Agreement, established between EPY Host and the Client, fully integrates the terms outlined in this addendum. By endorsing the Master Services Agreement, the Client acknowledges and agrees to the terms and conditions presented here. Any capitalized terms not defined in this document will carry the meanings assigned in the Master Services Agreement. The Initial Term duration for this Service is specified on the relevant Service Order Form ("SOF"), mutually executed by EPY Host and the Client, referencing these Services. In the context of this agreement, "Agreement" encompasses the Security Services Addendum, the MSA, and all policies and addenda referred to herein by reference, including the Statement of Work (SOW), Responsibility Matrix ("RM"), Service Level Agreement (SLA), Acceptable Use Policy ("AUP"), and Privacy Policy ("PP"). These terms and conditions regulate the Security Services Addendum.

3. 3. GENERAL

EPY Host will assess the Client's existing computer networking setup, hosting, and data security needs, subject to the Client granting access. The services provided by EPY Host will be designed to integrate seamlessly with the Client's platform, ensuring a secure environment aligned with the specifications and industry standards outlined in the agreed-upon Statement of Work (SOW).

In the event of the agreement's termination or expiration between EPY Host and the Client, the Client has the option to either renew the agreement or engage another third-party provider for Security Services. If the Client opts for a transition, EPY Host will exert commercially reasonable efforts to facilitate a swift, cost-effective, and efficient transfer to the new provider. This transition will aim for continuity, ensuring a seamless and secure shift with minimal disruption to business operations.

4. 4. SERVICES AND FEATURES

Service	Description
Threat Management Platform	Uses security event logs from different sources and cross-references them with threat signatures to identify potential security threats.
Patch Management	Automatically scans for system patches, hotfixes, and updates on supported operating systems.
Critical Environment Recovery	Utilizes disaster recovery services for client servers, as outlined in the agreed Statement of Work (SOW).
Firewall Switch Management	Handles firewalls and switches, ensuring adherence to industry best practices and maintaining thorough documentation.
Vulnerability Assessment	Conducts vulnerability scans on authorized networks using automated tools or services from Certified Scanning Vendors.
Performance Monitoring	Provides reports on performance trends, proactive monitoring, and analysis of performance metrics.
End Point Security	Handles security for servers and end-user devices using anti-malware software.



5. 5. BEST PRACTICES

EPY Host will follow industry best practices in creating and rolling out products and services, incorporating robust system security measures to safeguard client data. This involves conducting tests for application vulnerabilities, securing electronic communications, and implementing safeguards to prevent any unauthorized access or disclosure of client data.

1. A. Authentication
1. • We use top-notch industry standards to verify all access, ensuring secure communication, and keeping comprehensive logs of activities for your safety.
2. • Each user's identity is linked to distinct credentials and reinforced by a second-factor authentication method for an added layer of security.
3. • We implement authentication controls based on industry-recognized standards to ensure robust security measures.
2. B. Authorization
1. • We have implemented stringent controls to allow authorized users to carry out actions only within their assigned privilege levels.
2. • Access to secure resources is carefully regulated according to assigned roles or privilege levels.
3. • Preventive measures are implemented to thwart and counteract privilege escalation attacks, aligning with established technology standards and best practices.
3. C. Password and Account Management
1. • Password practices adhere to the highest standards, including:
1. ◦ Encryption is employed using "hashing" and "salting" techniques.
2. ◦ Enforcing password complexity.
3. ◦ Limiting the number of failed login attempts.
4. ◦ Ensuring that passwords are not stored or transmitted in plain text.
5. ◦ Password reset procedures are designed to avoid transmitting credentials.
6. ◦ Commands requiring additional privileges are securely logged, including time and date, for comprehensive auditing.
4. D. Data Security
1. • Data at Rest
1. ◦ Client Data is encrypted using top-tier industry methods, and backup data is subjected to the same stringent controls as production data.
2. • Data in Transit
1. ◦ Client Data transmitted to or from the Client is securely encrypted using protocols such as SSL, VPN, SFTP, or certificate-based authentication. For web-based transmission of Client Data, robust encryption protocols like SSLv3 or higher are employed to ensure data security.
5. E. Multi-Tenancy
1. • In a multi-tenant setting, we implement strong security measures and cryptographic techniques to protect and segregate Client Data from other tenants, ensuring privacy and data integrity.
6. F. Administrative Access and Environmental Segregation
1. • We adhere to the Principle of Least Privilege, granting access to Client Data only to personnel essential for their job functions, thereby minimizing potential security risks.
2. • To enhance security, we employ irreversible hashing techniques to mask confidential data whenever possible. Additionally, Client Data is not replicated to non-production environments to prevent unauthorized access.
7. G. Threat Management
1. • Intrusion Detection

To bolster security, EPY Host deploys and manages intrusion detection systems at both network and host levels. These systems act as a protective shield, identifying and thwarting any undesired or hostile network traffic. We diligently keep the intrusion detection software up-to-date, promptly installing updates provided by the software provider.

Our system is designed to promptly notify EPY Host of any unusual or malicious activities, allowing us to take swift action. In the event of a significant intrusion impacting customer data, we commit to notifying the affected clients within twenty-four (24) hours.

2. • Penetration Tests

To enhance security measures, we conduct penetration tests at least once a year through a Qualified Security Assessor (QSA). These tests aim to identify potential risks and vulnerabilities in our system. It's important to note that the reports and findings from these tests are not publicly disclosed but can be made available upon request.

We kindly remind our clients that they are not authorized to perform vulnerability scans, assessments, or penetration tests against EPY Host's service infrastructure. If there are any inquiries or requests for information regarding our penetration tests, clients are welcome to reach out, and we will provide the necessary details.

3. • Infrastructure Security

At EPY Host, we prioritize the secure configuration of our infrastructure and platforms. We implement robust security measures, including meticulous audit logging practices and duplication of logs for offsite archival. Our commitment extends to adhering to industry best practices in network security, maintenance, and change control to ensure the utmost security for our systems.

4. • Vulnerability Management

We utilize a range of scanning methods, encompassing perimeter scanning, internal infrastructure scanning, and malware scanning. These practices are complemented by secure configuration methods, effectively mitigating potential vulnerabilities within the system.

8. H. Security Procedures
1. • Incident Response

EPY Host has established policies and procedures for managing security incidents. If there's a breach affecting a client's environment or data, EPY Host ensures swift notification to the impacted Client(s) within twenty-four (24) hours. We conduct thorough investigations, implement necessary remedial actions, and designate a Single Point of Contact (SPoC) to address client queries or concerns throughout the investigation.

2. • Patch Management

EPY Host utilizes a strong patch management process and tools to keep all servers up-to-date with important security and feature patches. Our documented remediation process promptly tackles identified threats and vulnerabilities within the EPY Host Service.

9. I. Employee Termination Procedures
1. • When an employee leaves, EPY Host swiftly revokes all credentials and access to privileged password facilities, including Identity and Access Management Systems.
10. J. Governance
1. • Security Policy

EPY Host upholds an extensive written information security policy, approved and communicated annually to all employees and relevant third parties. A dedicated security and compliance function supervises system integrity, risk assessment, and management in accordance with industry standards.

2. • Security Training

EPY Host guarantees that all employees and clients undergo essential training, including security awareness training, annually at no cost to the client.

3. • Security Reviews

Every year, EPY Host and the Client hold a meeting to evaluate the effectiveness of the security platform and discuss any updates or enhancements in electronic data security.

4. • Third-Party Audits and Compliance Standards
1. ◦ EPY Host furnishes SOC2 or comparable audit results to the Client within thirty (30) days of receiving them.
2. ◦ Clients have the opportunity to conduct visits for due diligence and auditing purposes on specific aspects of EPY Host's operations.
3. ◦ Upon the client's request, EPY Host will provide evidence of a successful SSAE No. 18 audit.
4. ◦ EPY Host complies with PCI-DSS and undergoes annual vulnerability assessments conducted by a Qualified Security Assessor (QSA).
11. K. Physical Security

Access to EPY Host's facilities, utilized in providing services, is restricted to authorized personnel. This restriction is enforced through industry-standard physical security methods, including the use of restricted access key cards, visitor sign-ins, and burglar alarm systems.

12. L. Business Continuity

EPY Host upholds a business continuity plan designed for the restoration of critical processes and operations. Additionally, an annually tested disaster response plan is in place to facilitate efficient reactions to disasters.

13. M. EPY Host Internal Systems Backup Management
1. • EPY Host conducts comprehensive backups of internal systems and Client Data databases on a daily basis, ensuring data retention for a period of seven (7) years.
2. • Weekly off-site archival storage of backups on secure servers or media is conducted to enhance data security. Backups, encrypted for added protection, are transmitted off-site every business day and stored securely to facilitate disaster recovery. Geographically dispersed data centers replicate data, ensuring recovery capabilities in the event of a data center failure. The backup strategy encompasses hourly snapshots, daily backups, and monthly backups, contributing to an efficient system recovery process.
14. N. Right to Audit

The Client has the right, or may designate a third party on its behalf, to conduct an annual visit to EPY Host's offices, at its own cost, for due diligence and auditing procedures related to EPY Host's business operations tied to the EPY Host Service. To preserve the confidentiality and proprietary nature of this access, the Client agrees to abide by a Non-Disclosure Agreement and refrain from documenting or removing information from EPY Host's premises.

6. 6. CLIENT RESPONSIBILITIES

The Client should promptly document and report any system errors or malfunctions covered by this agreement to EPY Host. EPY Host will provide all necessary spare parts and hardware needed to maintain its equipment for fulfilling any service under this Schedule.

The Client agrees not to use any resources provided by this agreement, tangible or intangible, for unlawful purposes or against EPY Host's Network Abuse Policy and/or Acceptable Use Policy, as outlined on its website.

The Customer recognizes that EPY Host's performance and delivery of services depend on: (A) providing safe and hazard-free access to its personnel, facilities, equipment, hardware, network, and information, and (B) timely decision-making, provision of accurate information, and reasonable assistance, including granting approvals or permissions necessary for EPY Host to perform and deliver the services. EPY Host will be excused from its failure to perform its obligations under this Addendum if such failure is solely caused by the Customer's delay or failure in performing its responsibilities under this MSA and/or the Service Order/SOW.

7. 7. STATEMENT OF WORK; RESPONSIBILITY MATRIX

The specific duties, scope, locations, deliverables, standards, activities, and general requirements for any Information Security Service offered by EPY Host to a Client will be detailed in a Statement of Work ("SOW") and a Responsibility Matrix ("RM").

8. 8. SERVICE LEVEL AGREEMENT (SLA)
1. A. Service Types, Priority, and Response Times
   
   

Priority	Acknowledge Time	Notification Time	Description	Examples
1. Priority (Critical)	20 Minutes	2 Hours	A genuine issue has emerged that seem significantly influence the commerce or client information. This issue is noteworthy, causing a major affect that's highly discernible within the day-to-day operations of the commerce. Shockingly, there's right now no accessible workaround to address this issue.	A widespread and prolonged DDoS attack is a significant issue. A significant situation has arisen, involving the loss of crucial resources and the potential loss of crucial information.
2. Priority (High)	1 Hour	4 Hours	A noteworthy chunk of the company's operations are being disrupted. It is evident that the issue contains a enormous affect on the client and their ordinary trade operations. Thankfully, there's a tried-and-true workaround accessible.	Actions taken against recognized threat indicators Malware that is seeking to interact with its command and control center has been linked to suspicious conduct.
3. Priority (Medium)	4 Hour	8 Hours	There is little visibility into the problem, and only a small percentage of the client's business is affected. The system might still be in service, but it might be operating at a lower capacity. As an alternative, a dependable and tested workaround for the problem is in place.	Evidence of malware activity has been linked to reputable harmful sources like Coreboot and Zeus. The exposure to this activity is constrained, though.
4. Priority (Low)	1 Business Day	1 Day	Customers only need to adhere to the offered workaround in order to preserve full functionality and experience regular performance.	There are signs demonstrating that harbour checks or other surveillance exercises have been identified.

2. B. Service Commitment

EPY Host is committed to providing Security Services with a Monthly Uptime Percentage of 100%, except during scheduled maintenance. In the event of an incident, EPY Host will promptly acknowledge the impact and propose mitigation actions within specified timeframes.

If EPY Host fails to meet the Monthly Uptime Percentage commitment, the Client may qualify for a Service Credit, as detailed below.

3. C. Service Credits

If, in any given month, the Security Services for a Client experience an uptime percentage below 100%, that Client is entitled to receive a 10% Service Credit for each thirty-minute period of Security Services Unavailability. The maximum Service Credit allowable is equivalent to one full month's billing. Service Credits are applicable solely to instances of unavailability in the following areas:

1. a. InfraSentry: Monitoring and Threat Detection Service
2. b. InfraSentry: Protection Against Advanced Persistent Threats by Sophos

EPY Host will offset any Service Credits against upcoming payments from the Client, taking into account the least available Service during the respective month, under the condition that:

1. a. EPY Host may provide the Service Credit to the Client's account for the month in which the Unavailability occurred.
2. b. The Client has fulfilled all payment obligations as outlined in the Agreement.

Service Credits do not grant the Client any refund or additional payment from EPY Host, and they cannot be transferred or used for any other account. Unless otherwise stated in the Agreement, Service Credits serve as the exclusive remedy for any Service unavailability or non-performance.

4. D. Credit Request and Payment Procedures

To be eligible for a Service Credit, the Client must submit a request via email to noc@epyhost.com. The credit request must meet the following criteria:

1. a. The email subject line must contain "SLA Service Credit Claim."
2. b. Include the Client's Organization name or Client ID, along with specific details such as dates, times, and duration of each claimed Unavailability Period.
3. c. Contain any supporting documentation that validates the Client's claimed Unavailability, providing additional context and evidence.
4. d. Be submitted within thirty (30) calendar days from the last day reported in the Unavailability claim to be considered for review.

If EPY Host verifies that the Monthly Uptime Percentage falls below 100% for the Service Month as per the request, EPY Host will apply the Service Credit to the Client's account within one Service Month after confirming the request. Failure to provide the necessary request and information within the specified timeframe will disqualify the Client from receiving a Service Credit. EPY Host's data and records will be the primary factors in validating claims related to Unavailability.

5. E. Exclusions

The Service Commitment does not encompass instances of unavailability, suspension, or termination of Security Services, or other performance-related issues:

1. a. Resulting from factors outside of EPY Host's reasonable control, such as force majeure events or Internet access issues beyond the EPY Host Network Demarcation Point.
2. b. Resulting from actions or inactions by the Client or third parties.
3. c. Due to issues with Client equipment, software, or other technology, or third-party equipment, software, or other technology beyond EPY Host's direct control.
4. d. Resulting from individual function, feature, infrastructure, or network connectivity failures.

If factors not explicitly listed affect availability, EPY Host may, at its discretion, issue a Service Credit taking such factors into consideration.

6. F. Disclaimer

If EPY Host fails to meet the SLA goal due to issues related to Client behavior, performance, or the Client's equipment, EPY Host cannot offer a credit. Additionally, circumstances beyond EPY Host's reasonable control, such as acts of any governmental body, terrorism, war, or other events, exempt EPY Host from liability.

9. 9. DISCLAIMERS
1. A. No Product Warranty

EPY Host does not offer explicit or implied warranties regarding product merchantability or fitness for any specific purpose. Although our services are designed for resilience, it is the Client's responsibility to plan for disasters. We recommend maintaining off-site backups for critical data in the event of a critical failure or disaster.

2. B. Disclaimer of Warranty

EPY Host will not be responsible for any loss or damage resulting from a distributed denial-of-service attack, viruses, or other harmful technological material that may affect client equipment, programs, networks, or other proprietary material while using the services or items obtained through the service or website. We do not make any warranties or representations regarding the completeness, security, reliability, quality, functionality, or availability of the services. The services are provided "as is" and "as available," without any warranties. EPY Host disclaims all warranties, express or implied, statutory or otherwise, including but not limited to merchantability, non-infringement, and fitness for a particular purpose.

EPY Host's total liability, whether in contract, tort, or otherwise, for all liability claims arising out of or in connection with the agreement, shall not exceed the amounts paid by the client for the services that gave rise to a liability claim. This provision does not affect any warranties that cannot be excluded or limited under applicable law. This section remains valid even after the expiration or termination of the agreement.

Under no circumstances will EPY Host, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any damages of any kind, regardless of the legal theory, arising out of or in connection with your use of the services. This includes direct, indirect, special, incidental, consequential, or punitive damages. This provision does not affect any liability that cannot be excluded or limited under applicable law.

3. C. Limitation on Time to File Claims

Any legal action or claim arising from or related to these terms of use, the service, or the website must be initiated within one (1) year from when the cause of action accrues. Failure to do so will result in the permanent barring of such action or claim.

4. D. Notice of Loss

EPY Host is not responsible for the loss or corruption of data. Clients are advised to keep copies of their data. In case of data loss or damage, EPY Host will notify the Client through email at the provided address. It is the Client's responsibility to ensure that the provided email address is valid.

10. 10. CONSENT

By agreeing to this contract and utilizing the services, the Client gives consent to EPY Host for accessing the Client's networks and computer systems. This includes actions such as using, disclosing, intercepting, transmitting, receiving, analyzing, processing, copying, editing, encrypting, decrypting, and storing the Client's Information. The Client affirms compliance with all relevant data collection and transfer laws and assures that necessary consents or licenses have been obtained to facilitate EPY Host in delivering the Services.

11. 11. INDEMNITY

The Client is obligated to protect, indemnify, and release the EPY Host Indemnified Parties from any damages, liabilities, claims, actions, or costs incurred due to the Client's actions or omissions. This includes matters related to intellectual property rights, violation of laws, failure to secure necessary consents, breach of warranty or Agreement, Services use by the Client or its affiliates, negligence, intentional misconduct, or wrongful acts.

This section outlines the exclusive remedies for any third-party claims for each party and does not impose an obligation on either party to offer greater indemnity.

12. 12. SUBCONTRACTING

EPY Host has the right to assign or subcontract this Agreement while retaining responsibility for the performance of services. However, neither party can assign this Agreement without the prior permission of the other party.

13. 13. CHARGES

This section outlines the distinctions between recurring and non-recurring charges and fees:

1. A. MONTHLY RECURRING FEES

Initial Monthly Recurring Charges refer to the initial monthly fees, subject to modification through mutual agreement.

2. B. NON-RECURRING SERVICE FEES

Bare Metal Addendum

1. 1. Service Level Agreements (SLA)

The EPY Host Service Level Agreement (SLA) outlined here defines the rules for using EPY Host Bare Metal Servers and Bare Metal Cloud (BMC) under the Master Service Agreement (MSA) between EPY Host and its clients. This SLA follows the terms set in the MSA, and any capitalized terms carry the meanings defined in the Agreement. We have the authority to make changes to this SLA in accordance with the MSA.

Bare Metal Servers SLA

1. A. Deployment
1. a. Server Deployment Guarantee:

Typically, EPY Host aims to set up a client's new server within 4 hours under standard conditions, assuming the order doesn't involve special instructions, require MSSQL installation, or need an on-board RAID configuration. Regardless of the specific configuration, we assure that all orders will be deployed within 24 hours of payment verification.

2. b. Compensation:

If EPY Host falls short of fulfilling this commitment, we will provide a 10% credit of the service cost towards the client's initial month's hosting fees. To avail of this credit, the client needs to notify us within 7 days of the missed deployment.

2. B. Network
1. a. Network Downtime Definition:

Network Downtime refers to instances where a client's server is incapable of sending or receiving data to/from the Internet due to a malfunction in the network equipment owned and managed by EPY Host.

2. b. Network Definition:

EPY Host's Network includes its foundational hardware infrastructure, encompassing routers, switches, and cabling. This definition excludes any services or software running on the server or its hardware.

3. c. Compensation:

If there is downtime, EPY Host will credit the client's account with 5% for every 30-minute segment of downtime, up to the total monthly cost.
However, clients are not eligible for credit if the downtime is caused by:

1. i. Clients are not eligible for credit if the downtime is a result of actions taken by the client or authorized parties utilizing the service under the Agreement.
2. ii. Clients are not eligible for credit if the downtime is attributed to a third-party service failure connected to EPY Host's network.
3. iii. Clients are not eligible for credit if the downtime is caused by failures in applications, software, or the operating system.
4. iv. Clients are not eligible for credit if the downtime is a result of scheduled network maintenance activities undertaken by EPY Host.
5. v. Clients are not eligible for credit if the downtime is caused by a Denial of Service attack, hacker activity, or any malicious event or code directed at EPY Host or a Bare Metal Client.
6. vi. Clients are not eligible for credit if the downtime is due to the failure of any network or internet infrastructure that is not owned or managed by EPY Host.
4. d. Reporting:

Clients must report downtime incidents either via email to support@epyhost.com or through EPY Host's portal at https://billing.epyhost.com within 3 days of the event's onset. Each report should pertain to a single event and include details such as service type, IP Address, a comprehensive description of the service interruption, and relevant logs if applicable. Downtime is officially acknowledged from the moment EPY Host receives the email "ticket" until EPY Host, at its sole discretion, resolves the issue.

5. e. Account Status:

Clients who are currently in arrears with payments on their accounts or have fallen behind three or more times within the preceding 12 months are not eligible for an SLA credit for Downtime. Valid SLA claims cannot be credited if the client has outstanding abuse issues. However, once these issues are resolved, EPY Host will duly credit all valid claims.
It's important to note that making false or repetitive claims will incur a $50 charge per incident and may result in a violation of the account's Acceptable Use Policy and Terms and Conditions. Engaging in malicious or aggressive Internet activities, such as attacks or counter-attacks, also constitutes a violation of the Acceptable Use Policy and Terms and Conditions.

6. f. 20 Minute Support Response Guarantee:

EPY Host guarantees that one of its skilled professionals will respond to client support tickets or inquiries within 20 minutes of submission. This commitment applies to support tickets sent via email to support@epyhost.com or submitted through the portal at https://billing.epyhost.com.

3. C. Replacement:

4 Hour Hardware Replacement Guarantee:

In the event of hardware failure within EPY Host's data center, EPY Host is dedicated to replacing the faulty hardware within 4 hours of receiving notification of the failure. Clients can report a failure by sending an email to support@epyhost.com or by submitting a ticket through the portal at https://billing.epyhost.com.

4. D. Compensation:

If EPY Host fails to replace the hardware within 4 hours, the client will be credited for one day of their monthly recurring hosting charges. Additional credits of one day each will be issued for every four-hour block beyond the initial guarantee, up to a total of 100% of the client's monthly recurring payment if necessary. Official credit requests must be submitted within 7 days of the hardware replacement, either via email to support@epyhost.com or by submitting a ticket through the portal at https://billing.epyhost.com.

In case of hardware failure within EPY Host's data center, EPY Host is committed to replacing it within 4 hours of receiving notification of the failure. Clients can report a failure by sending an email to support@epyhost.com or by submitting a ticket through the portal at https://billing.epyhost.com.

Bare Metal Cloud (BMC) SLA:

The Bare Metal Cloud (BMC) is an integral component of EPY Host's Infrastructure-as-a-Service (IaaS) offering. It is specifically designed for modern IaaS business consumers who rely on high automation levels and adopt a DevOps approach to software development and IT operations. BMC serves as a complement to existing bare metal services, offering highly automated workloads through a modern API management platform. It leverages advanced server technology and a high-capacity network to facilitate infrastructure deployment in a fully automated, pay-as-you-go model.

It's important to note that BMC Edge locations operate under best-effort service restrictions due to their unique nature and accessibility. To enhance clarity, BMC Edge Instance types are distinctly marked with the letter "E" or "e" in the instance naming policy. This designation is visible in the BMC Portal and API documentation.




Bare Metal Cloud SLA's

1. A. Deployment
1. a. Server Deployment Guarantee:

In the majority of situations, EPY Host makes every effort to deploy the client's new server instances within a matter of minutes. Irrespective of the configuration, EPY Host guarantees server deployment within 24 hours, starting from the verification of the client's order and validation of the payment method. It's important to note that while EPY Host strives for prompt deployment, BMC Edge locations may experience more restricted availability, potentially resulting in extended deployment times in rare instances.

2. b. Nevertheless, it's worth noting that BMC Edge locations may experience more restricted availability, which could result in potential extended deployment times in uncommon cases.
2. B. Network
1. a. Network Downtime Definition:

Network Downtime is defined as situations where a client's server is unable to send or receive data to/from the Internet due to a failure in the network equipment owned and managed by EPY Host.

2. b. Network Definition:

EPY Host's Network comprises all infrastructure hardware, including routers, switches, and cabling. Notably, it excludes any services or software operating on the server or its hardware.

3. c. Network Downtime Compensation:

EPY Host provides compensation for network downtime incidents by crediting the client's account with 5% for each 30-minute period of network downtime, up to the total monthly cost.

Clients won't qualify for credit if downtime occurs due to:

1. i. The Client or authorized parties using the service under the Agreement are not eligible for credit based on their actions.
2. ii. Clients won't be eligible for credit in cases of third-party service failures linked to EPY Host's network.
3. iii. Clients won't qualify for credit if downtime is caused by failures in applications, software, or the operating system.
4. iv. Clients won't be eligible for credit if downtime is a result of scheduled network maintenance activities carried out by EPY Host.
5. v. Clients are not eligible for credit if the downtime is caused by Denial of Service attacks, hacker activities, or malicious events/codes directed at EPY Host or a Bare Metal Client.
6. vi. Clients are not eligible for credit if the downtime is due to failures in any Network or Internet Infrastructure that is not owned or managed by EPY Host.
4. d. Reporting:

Clients are required to report downtime incidents by emailing support@epyhost.com or through EPY Host's portal at https://billing.epyhost.com within 3 days of the event's commencement. Each report should pertain to a single event and include details such as service type, IP Address, a comprehensive description of the service interruption, and relevant logs if applicable. Downtime is officially recognized from the moment EPY Host receives the email "ticket" until the issue is resolved at EPY Host's discretion.

5. e. Account Status:

Clients who have outstanding payments or three or more instances of delayed payments within the last 12 months are not eligible for an SLA credit for Downtime. Valid claims cannot be credited if clients have unresolved abuse issues. However, upon resolution, EPY Host will credit all valid claims. Making false or repetitive claims will result in a $50 charge per incident and may lead to a violation of the account's Acceptable Use Policy and Terms and Conditions. Engaging in malicious or aggressive Internet activities is also considered a violation of the Acceptable Use Policy and Terms and Conditions.

6. f. 20 Minute Support Response Guarantee:

EPY Host is committed to providing prompt assistance to our clients. Our team of skilled professionals guarantees a response to support tickets or inquiries within 20 minutes of submission. You can reach out to us by sending an email to support@epyhost.com or by submitting your request through the portal at https://billing.epyhost.com. Your satisfaction and efficient communication with us are our top priorities.

3. C. Replacement

Assurance of our Best Effort Hardware Replacement:

In the event of a hardware failure within EPY Host's data center, rest assured that we are committed to promptly replacing the affected hardware. To report any such issues, please reach out to us by emailing support@epyhost.com or by submitting a ticket through our portal at https://billing.epyhost.com. It's important to note that replacement times for Edge locations may be subject to certain restrictions and additional time considerations. Your satisfaction and seamless service are our top priorities.

4. D. Compensation

Applicable to services that necessitate a minimum commitment of one month.

Monthly Accessible	Minutes of downtime in sequence	Maximum credit for each impacted service determined by MRC
99.999%-99.99%	26 seconds up to 4 minutes	0%
99.99%-99.9%	4 minutes up to 44 minutes	10%
99.9%-99.8%	44 minutes up to 97 minutes	25%
99.8%	Over 97 minutes	50%

Relevant to services that are billed at an hourly rate.

Hourly accessibility	Minutes of downtime in sequence	Maximum credit for each impacted service determined by MRC
99.999%-93.34%	26 seconds up to 4 minutes	0%
99.34%	Over 4 minutes	100%

5. E. Billing:

Monthly charges for BMC Instances (servers) are invoiced after usage in a post-use model.

1. a. Charges for hourly instances will be calculated in 1-hour increments, rounded up to the next hour.
2. b. Regardless of usage, charges for Monthly/Yearly reservations will be invoiced on a monthly basis.
3. c. Monthly bandwidth charges will be calculated based on per gigabyte rates that vary by geographical location. If there are applicable bandwidth bundles, usage will be deducted from the bundle allocation before applying the standard per gigabyte rate for billing.

Megaport Cloud Router (MCR) SLA

The Megaport Cloud Router (MCR) is a professionally managed virtual routing service from a third-party. It's specifically designed to create Layer 3 private connections between different networks and service providers. This service makes it easy to connect two or more independent Virtual Cross Connect (VXC) services within a single routing domain. This, in turn, establishes Internet Protocol (IP) connectivity among all VXCs linked to that MCR.

6. A. Service Availability

The goal of the MCR service is to achieve a 100% service availability target.

1. a. Service Availability Definition:

The calculation is performed for each Charging Period by dividing the Uptime by the total minutes in the Charging Period minus any Excused Downtime. The result is then expressed as a percentage.

2. b. Charging Period Definition:

This pertains to the relevant charging period mentioned in the Service Order. In case it is not specified, a monthly charging period will be applied.

3. c. Uptime Definition:

The time when the MCR is operational during the Charging Period, efficiently routing packets between connected VXCs.

4. d. Excused Downtime Definition:

It includes the minutes in the Charging Period, rounded to the nearest minute, when the link state of the Client's MCR is not available. This unavailability can be due to various factors specified, including actions of the Client or authorized users, third-party network faults, maintenance activities, and more.

7. B. Service Credits
1. a. If EPY Host falls short of achieving the Service Availability target in a Charging Period, the client is eligible to request a Service credit, which will be calculated as follows:

Where:

1. i. Downtime is calculated for each Charging Period by subtracting the total minutes from the sum of Uptime and Excused Downtime.
2. ii. The Recurring Charge indicates the recurring fee for the relevant Charging Period.
2. b. Conditions for Service Credits:
1. i. If EPY Host falls short of achieving the Service Availability target, the only remedy is the issuance of a Service credit.
2. ii. Service credits cannot be issued if the Client has overdue payments for the service or unresolved abuse issues.
3. iii. Clients need to submit a Service Credit request within thirty (30) calendar days after the conclusion of the applicable Charging Period.
4. iv. The Service Credit can only be applied as a credit to the Client's Megaportal account and is not redeemable for cash.
5. v. The highest Service credit that can be obtained for each Service in a Charging Period will not exceed one hundred percent (100%) of the total Recurring Charges for that Service in that Charging Period.

Additional Notes and Conditions

8. A. Reporting Required

Clients are required to report downtime incidents by emailing support@epyhost.com or submitting through EPY Host's portal at https://billing.epyhost.com within three (3) days of the event's start. Each report should cover a single event and include details such as service type, IP Address, a detailed description of the service interruption, and relevant logs if applicable. The official downtime period begins when EPY Host receives the email "ticket" confirming an outage and ends at EPY Host's discretion upon issue resolution.

9. B. Exclusions

Clients who have overdue payments or multiple delayed payments within the last 12 months are not eligible for an SLA credit for Downtime. SLA claims cannot be credited if there are unresolved abuse issues with the Clients. However, once these issues are resolved, EPY Host will credit all valid claims. Making false or repetitive claims may result in a $50 charge per incident and could lead to a violation of the account's Acceptable Use Policy and Terms and Conditions. Clients engaged in malicious or aggressive Internet activities are also disqualified from receiving SLA credits.

10. C. Support

20-Minute Support Response Guarantee: Rest assured that at EPY Host, our skilled professionals are committed to responding to your support tickets or inquiries within 20 minutes of submission. This guarantee applies specifically to support tickets sent via email to support@epyhost.com.

2. 2. Provisions of Services

Subject to EPY Host's acceptance of an order and in accordance with the terms of the MSA, EPY Host commits to providing the services with reasonable commercial efforts. EPY Host retains the right to reject service requests at its sole discretion. Clients are responsible for paying all charges in advance, covering monthly fees, additional product charges, and optional fees incurred. Payment methods accepted include check, PayPal, Wire, or credit card. By authorizing EPY Host, clients permit automatic monthly charges. Third-party services are delivered by the respective third parties, and EPY Host is not responsible for their provision.

3. 3. Age

Clients must be at least 18 years old or have the legal capacity to order services. If ordering services on behalf of an employer or legal entity, the client represents that they have the legal right and authority to order services and agree to be bound by this MSA.

4. 4. Use of and Access to the Services



Ordering and Modification of Services




Clients have the option to order services and upgrades either through the Client Portal or as specified by EPY Host. The acceptance of orders is at the discretion of EPY Host, and clients will be notified of the acceptance through the Client Portal. For downgrades or cancellations, clients must submit written notices through support@epyhost.com and the Client Portal at least 24 hours before 00:00:01 CST (GMT-7) on the Anniversary Billing Date. Failure to provide notice will result in charges for the services during the Renewal Term. If services are canceled within the 24-hour notice period, they will remain accessible until the automated process reclaims the server on the Anniversary Billing Date.

5. 5. Rights to Use Services

Subject to this MSA, EPY Host grants Clients a non-exclusive, non-transferable, revocable right in the Services for internal purposes, to use and access the Services, and create and offer Client Offerings.

6. 6. Client Obligations

Clients commit to abiding by laws, ensuring timely fee payments, upholding security measures, cooperating with EPY Host's investigations, adhering to license terms, providing accurate Account Information, taking responsibility for Service usage, following TPS Agreements, preventing unauthorized access, and incorporating pertinent terms of this Agreement into Client End User agreements. It's crucial that clients refrain from using the Services in situations where failure could lead to death, injury, or physical/environmental damage. Additionally, reselling Services to Third Parties necessitates a reseller agreement with EPY Host.

7. 7. Special Terms for Third-Party Services

Regarding Third Party Services obtained through TPS Agreements, it's important to note that EPY Host is not liable; the sole responsibility lies with the Third Party provider.

Terms of Service

Acceptable Use Policy

All users of EPY Host services are required to adhere to the following acceptable use policies. EPY Host retains the right to make changes to these policies at any time, and any updates will be posted at https://www.epyhost.com/legal. It is the users' responsibility to routinely review the AUP to ensure compliance with the latest version. By continuing to use the services after any changes, users are considered to have accepted the updated modifications. Any concerns about violations of these AUPs should be addressed to support@epyhost.com.

Introduction

The Acceptable Use Policies below define the acceptable behavior while using EPY Host's services and the potential actions EPY Host may take in response to any misuse, with or without prior notice. These policies are based on relevant laws and widely accepted standards of internet conduct. Their purpose is to protect EPY Host's technical resources, ensure the delivery of high-quality services, and uphold the company's reputation. Users are required to adhere to the following AUPs:

1. A. Security
1. 1. Users are responsible for using the service at their own risk.
2. 2. Users are accountable for the files and data transferred, and it is their responsibility to maintain suitable backups of files and data stored on EPY Host's infrastructure.
3. 3. Users are responsible for all activities carried out through their accounts, including maintaining password security, ensuring confidentiality, and implementing proper file protections.
4. 4. If passwords are lost, stolen, or compromised, EPY Host will suspend access or modify account access upon user notification. EPY Host is not responsible for any usage or charges incurred before notification and account modification.
5. 6. Account Non-Transferability - The usage rights for EPY Host's accounts are expressly restricted to the named client specified on the SOF and are not transferable.
2. B. Unacceptable Conduct
1. 1. Certain behaviors listed below are considered unacceptable conduct by users and could result in immediate suspension of services pending investigation by EPY Host. This could potentially lead to termination without refunds for all user accounts found in violation. Users are accountable for the actions of their business relationships and must ensure the prompt cessation of non-compliant actions or disassociation. Repeated violations by a user's business relationships may result in EPY Host terminating the user relationship without refunds.
2. 2. Unacceptable behavior encompasses, but is not restricted to:
1. a. Spamming or Harassment: This involves excessive posting to newsgroups, sending unsolicited mass emails, or participating in any form of abusive or harassing behavior on the Internet.
2. b. Unauthorized promotions: Participating in activities that seek to promote a website hosted within EPY Host's networks through a provider other than EPY Host, resulting in abuse or harassment.
3. c. Intellectual property infringement: Sending or distributing copyrighted material, software, or proprietary information without the required rights or permissions.
4. d. Network Unfriendly or Illegal Activity: This includes trying to access other systems without authorization, disrupting network operations, or violating local, state, U.S., or international laws.
3. C. Export Control Violations

Exporting encryption software outside the U.S. via the Internet or any other means is not allowed.

4. D. Violation of EPY Host Policy
1. 1. Removing or bypassing EPY Host's identification on any page hosted on its servers is not allowed.
2. 2. Displaying, selling, or transferring materials that violate copyright, trademark, or proprietary rights is not allowed.
3. 3. Operating accounts in connection with individuals or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) is not permitted.
5. E. Compliance with Rules of Other Networks

When accessing other networks connected to EPY Host's services, it is important to adhere to the rules of those networks and comply with EPY Host's policies.

6. F. Monitoring/Privacy

EPY Host retains the right to monitor all communications through its facilities to ensure compliance with this AUP and EPY Host's Terms and Conditions. Please be aware that no expectation of privacy is granted.

7. G. Cooperation with Authorities

EPY Host collaborates with law enforcement to investigate illegal activities, such as the transfer of illegal materials, threats, or other unlawful activities.

8. H. Confidentiality of Personal Subscriber Information

EPY Host will not disclose user or client Personally Identifiable Information (PII) unless a valid court order or legal requirement is presented. Users agree to abide by EPY Host's judgment regarding the validity of such requests.

DMCA Notice

How to Report Copyright Violation Complaint

As an Internet Service Provider (ISP), EPY Host follows the guidelines outlined in the Digital Millennium Copyright Act (DMCA) regarding notifications, content removal, and counter-notifications. If you believe that one of EPY Host's customers has infringed upon your copyrights, the Digital Millennium Copyright Act (17 U.S.C. § 512) offers clear instructions on how to notify the party responsible for the infringement.

In accordance with the guidelines of the Digital Millennium Copyright Act, it is crucial to provide EPY Host with the complete set of the following information:

1. 1. A signature, whether physical or electronic, from someone authorized to represent the owner of an exclusive right that is currently being infringed.
2. 2. Clearly state which copyrighted work is claimed to have been infringed.
3. 3. Clearly point out the material that is alleged to be infringing on copyrights.
4. 4. Clearly specify the material that is alleged to infringe on copyrights.
5. 5. Supply the complaining party's physical address, telephone number, and email address.
6. 6. A statement affirming that the party making the complaint genuinely believes that the use of the material in question is not authorized by the copyright owner, its representative, or by law.
7. 7. A statement confirming that the details provided in the notification are truthful. Additionally, with a commitment under penalty of perjury, the party making the complaint asserts that they are duly authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

Please utilize the provided Copyright Infringement Notification form (accessible through the link below) to submit all required information. This method allows for electronic completion and signing of the document, and you can also attach any supporting documentation directly to the form.

Upon receiving this information, EPY Host can promptly and sincerely address any network user potentially violating copyright law. However, it's crucial to note that we are not legally permitted to take any action until you have fully complied and officially notified us of the infringement.

If you have inquiries about our policies or procedures, feel free to contact the designated DMCA Agent for the respective service. You can reach them using the provided information.

Registered DMCA Agents

support@epyhost.com
705 South Broadway,
Portland,
TN 37148,
United States

Please note that EPY Host will forward your completed Copyright Infringement Notification form directly to EPY Host's client.

You are allowed to use the Copyright Infringement Notification Form solely for reporting copyright violations in line with the DMCA. This form should not be used to notify EPY Host about any other type of infringement. In cases outside the scope of copyright issues, the complainant is responsible for pursuing appropriate legal remedies.

© EPY Host