General Terms of Service
Whereas, BARRETT IT is an expert provider of hybrid IT solutions tailored for mid-market and enterprise companies. BARRETT IT offers end to end enterprise class IT solutions including Datacenter Services, Managed Services, EMR management and Web Development.
Whereas, Customer seeks to utilize BARRETT IT infrastructure for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, BARRETT IT can make no guarantee that any given reader shall be able to access BARRETT IT infrastructure at any given time.
BARRETT IT represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
Financial Arrangements
1. Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
2. Customer agrees that all charges and fees associated with an account are their sole responsibility.
3. If the customer wishes to cancel BARRETT IT services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
4. Services provided by 3rd parties and BARRETT IT partners are not part of the 30-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
5. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
6. 30-Day Money-Back Guarantee offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.
7. Violations of BARRETT IT Terms of Service, Acceptable Use Policy, or Spam Policy may, at BARRETT IT discretion, result in immediate and permanent disablement without refund.
8. Disputed charges (“chargebacks”) associated with any BARRETT IT account may, at BARRETT IT discretion, result in immediate and permanent disablement.
9. BARRETT IT will use commercially reasonable efforts to make the BARRETT IT infrastructure available 99.9% of the time during each monthly billing cycle. If BARRETT IT is unable to meet this service level, you will be eligible to receive a credit to apply to future BARRETT IT billing cycles based upon the Unavailability for that month.
9.1 For the purposes of this agreement, Unavailability means that either (a) the BARRETT IT infrastructure is unresponsive, or (b) BARRETT IT infrastructure returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
9.2 Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
9.3 Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
9.4 Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
Taxes
BARRETT IT shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or DreamHost Web Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Material Products
1. Customer will provide BARRETT IT with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of BARRETT IT. BARRETT IT shall make no effort to validate this information for content, correctness or usability.
2. Use of the BARRETT IT infrastructure requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
3. The following examples are offered:
3.1 Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
3.2 CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
4. The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of BARRETT IT to provide this knowledge or Customer Support outside of the defined service of BARRETT IT.
5. will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
6. BARRETT IT reserves the right to police its network to verify compliance with all agreed upon Terms.
7. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
8. BARRETT IT reserves the right to disconnect any website or server deemed to present a security threat to BARRETT IT customers, servers, or network.
9. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by BARRETT IT is grounds for termination of all services.
10. BARRETT IT makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. BARRETT IT also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of BARRETT IT is at the Customer’s own risk, and BARRETT IT specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. BARRETT IT expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
11. BARRETT IT specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, BARRETT IT may, at its option and at any time, reject this material, including but not limited to after it has been put on BARRETT IT infrastructure . BARRETT IT agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of BARRETT IT. If the Customer fails to modify the material, as directed by BARRETT IT, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
12. All domain names registered through BARRETT IT that are ‘parked’ or are otherwise not immediately associated with a BARRETT IT will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via BARRETT IT. The Coming Soon web page may be modified at any time by BARRETT IT without prior notice to you and may include such things as, without limitation, links to additional products and services offered by BARRETT IT.
Trademarks & Copyrights
Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
Hardware, Equipment, & Software
1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access BARRETT IT.
2. BARRETT IT makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the BARRETT IT infrastructure .
Guaranteed Uptime
1. BARRETT IT guarantees 99.9% uptime. A failure to provide 99.9% uptime will result in customer compensation pursuant to guidelines established herein.
2. Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in BARRETT IT infrastructure for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
3. Customer will receive BARRETT IT credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee.
4. BARRETT IT assessment of downtime begins when Customer opens a support ticket to report the problem.
Dedicated Server Stipulations
1. Bandwidth pricing and measurement frequency is subject to change at BARRETT IT discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by BARRETT IT.
2. BARRETT IT is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, BARRETT IT, or BARRETT IT upstream providers.
3. Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with BARRETT IT mid-way through the term. BARRETT IT services will be billed on a monthly basis. Any termination or upgrade of a pre-paid BARRETT IT plan will result in a refund of the prorated value of the plan.
4. Hardware upgrades to an existing ‘platform’ (platform defined as a motherboard/chassis combination) will be performed by BARRETT IT and shall incur an increase to Customer’s standard monthly rate.
5. Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by BARRETT IT and shall incur an additional one-time labor fee of $25 for each incident.
6. BARRETT IT reserves the right to alter the dedicated server packages advertised on its website at its discretion. BARRETT IT is not required to upgrade Customers’ hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $75 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.
7. For managed servers, BARRETT IT is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). BARRETT IT may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).
8. For unmanaged servers not using a BARRETT IT monitoring option, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
8.1 The kernel will be patched within 7 days of any announced security hole relating to the kernel
8.2 Any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
9. BARRETT IT is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. BARRETT IT reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of the BARRETT IT infrastructure.
Age
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
Termination
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. BARRETT IT will accept termination by electronic mail. Notwithstanding the above, BARRETT IT may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. BARRETT IT reserves the right to charge a reinstatement fee.
Limited Liability
1. Customer expressly agrees that use of BARRETT IT infrastructure is at Customers sole risk. Neither BARRETT IT, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that BARRETT IT infrastructure will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the BARRETT IT infrastructure, unless otherwise expressly stated in this contract.
2. Under no circumstances, including negligence, shall BARRETT IT, its offices, agents or any one else involved in creating, producing or distributing BARRETT IT infrastructure be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the BARRETT IT infrastructure; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to BARRETT IT records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on BARRETT IT infrastructure.
3. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Indemnification
1. Customer agrees that it shall defend, indemnify, save and hold BARRETT IT harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against BARRETT IT, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BARRETT IT against Liabilities arising out of:
1.1 Any injury to person or property caused by any products sold or otherwise distributed in connection with BARRETT IT;
1.2 Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
1.3 Copyright infringement;
1.4 Any defective product which Customer sold on the BARRETT IT infrastructure.
Sanctioned Countries
Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not � directly or indirectly � sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from BARRETT IT under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, BARRETT IT from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
Other Agreements
Customer agrees to abide by the terms set forth in this document as well as other BARRETT IT policy documents including, but not limited to:
1. Acceptable Use Policy
2. Anti-Spam Policy
3. Unlimited Policy
Customer also agrees to abide by all applicable Terms set forth by all BARRETT IT partners and subsidiaries.
Contract Revisions
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section � Financial Arrangements.
Transfer
Customer may not transfer this contract without the written consent of BARRETT IT.
Contract
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
Revision 0017A 9/1/2015