FMEOS DEDICATED SERVER’S SERVICE LEVEL AGREEMENT

The Service Level Agreement published below here is applicable for all dedicated server customers. A Client's application / eligibility for performance credits or refunds will be determinable based on FMEOS and its Dedicated Server Partner in-house monitoring system statistics. The customer would have to abide by it and accept the integrity of all such statistics.

All services and support provided to any dedicated server under the customer's possession, hold or lease; would be conditional to the access levels and connectivity which the technical support team holds over them. For servers where the technical support team is unable to establish connectivity or in the event of administrator access being hampered as a consequence of the installation of softwares including (but not limited to) software firewalls, access limiting processes and algorithms or any such software / hardware; FMEOS.PK cannot be held responsible to render managed services or technical support or any other form of help for such servers.

In the eventuality or circumstances where standard and mandatory service, support and monitoring have not been performed owing to disruptions outside the fair control of FMEOS.PK, it is not bound to offer any credit / refund / compensation to customers. Events and situations which are classified as outside of FMEOS include (but is not limited to):-

• Any natural calamity including (but not limited to) floods, thunder storms, typhoons, gales, earthquakes, fire etc.
• Civil War
• Situations and sanctions arising out of a cold war (if it exists) between the customer's residing nation, USA and the Pakistan
• Trade Embargos, Sanctions and stoppages imposed on the nation of residency of the customer.
• Flash strikes announced by labor.
• Interruptions or disruptions in transportation of necessary peripherals, delays / disruption or complete unavailability of communications
• Bugs / Failures / Breakdown of third party softwares including (but not limited to) control panel softwares, SSL certificates, domain transfers etc.

However, FMEOS would take every reasonable and feasible effort to extenuate the loss or damage which develops as a result of such occurrences. At no time would FMEOS or its affiliates be responsible for any cost, liability, claim or damages (financial and otherwise) resulting out of the above mentioned circumstances.

TERMS OF THE SERVICE LEVEL AGREEMENT:-
FMEOS's and its Dedicated Servers Partner's network includes all facilities, features, hardware, equipments, softwares and applications used in-house, decisive and vital network sections and infrastructure equipment which are put to use at all times to provide fully managed dedicated server's service to its customers.

1. Managed Services:-
(a) FMEOS's and its Dedicated Servers Partner technical support team would be available for any assistance customers may require 24 x 7 x 365, including public and bank holidays. Every FMEOS dedicated server customer is given an advance allotment of 5 (five) support hours per month. Any support request which consumes 20 minutes or less is completely free of cost. Every support instance which requires the administrator to work for more than 20 minutes will be claimed as part of the advance allotment of 5 (five) support hours. Once the customer has exhausted their allotment of such support time, customers would be charged $90.00 per hour extra thereafter, with a minimum charge of $50.00 levied for the first such request which is less than an hour. Customers would have to authenticate and approve any such chargeable support before the technical support team works for the extra hours.

FMEOS holds the sole rights to term any task or support activity as chargeable system administration work. Every reasonable and feasible attempt would be made to avoid such chargeable work. Customers may not or may be pre-informed and will have to give their consent before any such chargeable work is performed on their servers.

(b) Security responsibilities include all NOC and Datacenter level network management and optimization which include Tier III carrier links, network scans, maintenance of network equipments and the server hardware. FMEOS and its Dedicated Servers Partner's network support duties do not include firewalls and server-based security functions. Spyware and /or anti-virus based protection cover against Denial of Service attack on an individual server level.

(c) FMEOS's Dedicated Servers Partner has put in place a very modern and exhaustive service -cum- port monitoring system where specific Port/Services/Daemon would be monitored. This includes a standard check on all active ports and mandatory services at an interval of ten minutes where a flag is raised in the event of a port or a service being found as failed (recognized by the system). Every possible attempt would be made to restart the service(s) which have failed. Customers have to provide FMEOS with the functional steps to be followed for their individual dedicated server during such times.

All servers on the Linux platform will have one of the following IDS installed on them: PortSentry and/or APF/BFD. Servers on the windows platform would be protected by Black ICE Defender.

(d) Generic server protection is inclusive of antivirus cover and security over a firewall. FMEOS defines "server anti-virus" as a file based software which covers the server against Trojans and malicious viruses (when installed on the server). Updation / Upgradation of such softwares would be done by the support team and will be followed by a complete scan of the host server. The customer has to instruct the support team with the actions (delete or quarantine) which they wish to be taken against any such viruses, Trojans found on the server.

Hardware firewalls can be supplied to the customer at additional charges. Such a firewall greatly enhances the ability of the firewalls to safeguard and protect the server data.

Customers would be responsible to maintain the integrity and security of their individual servers. A monthly audit which includes security checks is performed on all our medium range and high end dedicated servers, on request by the customer. For any account which has a server being compromised owing to fragile password schema, gross negligence of basic recommended security measures, scripting errors and /or loopholes, elderly backend application content, and any other such incident which shall be deemed as a violation, FMEOS reserves all the rights to suspend / cancel / terminate such accounts. Security checks or system administration and / or trouble-shooting may be requested by the customers to be performed on any such server (compromised due to owner negligence). FMEOS would be levying custom technical charges of $100.00 per hour, where minimum charges would be $60.00 for a time period of less than one hour.

2. Definitions of Service:-
(a) Accessibility of Servers - The availability and accessibility of a web server over a period of one calendar month is termed as server accessibility. FMEOS presumes that the customer has a reliable internet connection from their place of access. All network facilities are up for use at all times (exclusive of minor latency) for 100% of time every calendar month. Service disruptions resulting due to issues or problems relating to our upstream providers are outside the purview of this definition.

(b) Service Monitoring: - Dedicated Server customers can avail of FMEOS and its Dedicated Servers Partner's in-house internal monitoring system which analyzes TCP/IP services and applications. The technical support team has to be able to work as an administrator on such servers to (a) include them in the monitoring system and (b) resolve any service / operating system failures. FMEOS would be absolved of any / every responsibility resulting in unavailability or downtime on servers where the technical support team does not have root / administrative access.

(c) Maintenance downtime:-The period when FMEOS and its Dedicated Servers Partner's networks and / or customer's servers are down or unreachable owing to repair and / or maintenance work being performed by our (or our Partner) engineers and administrators is classified as "maintenance downtime". Advance notification would be sent out atleast 24 hours before any such work is undertaken. Every possible attempt would be made to slot the maintenance activity within the time frame best suitable to the customer. However, no guarantee what-so-ever is given in this regard.

(d) Service downtime:- A time-period of antecedently unintentional where services are broken and the customer is unable to access the FMEOS's Dedicated Servers Partner network and / or their server is called service downtime. Only those interruptions which occur as a result of an issue / snag or a trouble within the contiguous network segments of FMEOS's Dedicated Servers Partner and have been affirmed by a company official would be considered. The measure of such downtime is the aggregate of all such period(s) within one calendar month. The technical support team and services personnel would be available for any assistance or information which the customers may want to have for the duration of such periods.

No refund or credit is applicable in the event of such service downtimes happening as fallout of any third-party software and applications used by the customer. Moreover, the customer would have to provide FMEOS indemnity against any such eventuality.

3. Hardware Terms:-
(a) Server: - An assemblage of processor (s), memory (RAM), hard-disk(s), Network Interface Card (NIC), motherboard together would be termed as a "server".

(b) Hardware Replacement:- All such replacements shall be done within three hours from the time of the problem being reported to the our Dedicated partner's technical support team. If, by chance, the said hardware peripheral is not replaced within the stipulated three hours, 5% of the monthly hosting charge would be credited to the customer's account for every subsequent hour of downtime.

The Hardware Replacement Guarantee and this Server Level Agreement is valid and applicable only for servers who have an age of 24 months or less. The three hour hardware replacement guarantee is only available on certain specific and particular builds of the Dell(TM) PowerEdge Servers.

(c) Hardware Upgrade:- Charges levied for hardware peripherals during the sign-up process and on subsequent capacity upgrade would differ. All requests for hardware upgrade would be subject to a one-time setup fees. The hardware peripheral which has been upgraded would be charged on a per month basis.

(d) Server Migration:- Data migration shall be done free of charge for any customer who wish for their data to be moved from one server to another server within FMEOS's network. However, in all such cases, customers would have to provide a 30 day advance notice for the old server to be canceled, after having ordered the new server. Movement of data would begin only after a 30-day cancellation notice for the old server has been received along with the order for the new replacement server.

For customers who wish their data to be migrated from a server with their previous host into a server they purchase from FMEOS, an administrative charge would be levied depending on the OS of the other server, size of the data to be moved, control panel of the other server, on a case by case basis.

FMEOS would not be responsible for the restoration of data to the server. The customer shall be responsible for this at all times.

(e) Hardware Related Restoration:- In the unlikely event of a hardware failure leading to the corruption of the installed operating system and the data files, malfunctioning of the server and / or its configurations, FEMOS shall make every possible and feasible attempt to return the server system to the original state. For any other circumstance, situation or upon request by the customer, "server restoration" would mean restoring the server system to the configuration similar to the date when the server was commissioned and made operational for the customer.

4. Credits:- A performance credit will be given to the customer's account if FMEOS is not able to fulfill the 99% network uptime guarantee. This would be calculated on a per calendar month basis. Measurement of such downtime would commence only when the customer raises a trouble ticket and will end when then server is back online and is able to send / receive data packets. Every single period of 30 minutes of such downtime would be eligible for a 5% credit of the monthly hosting charges paid by the customer. The total credit applicable in such a way would never be more than one month's hosting charges paid by the customer at any time and for whatever reason.

5. Service Exclusions:- FEMOS shall not be held liable to give credit or offer compensation for any failure / delay / interruptions which occur as a result of the customer, the customer’s employees / agents / contractors (sub-contractors). The instances for such occurrences include but are not limited to:-

• Operating system / Software / Applications associated issues.
• Any resource abuse / server overload / over utilization of resources on the server
• Improper / inaccurate / erroneous configuration of any software
• Wrong / non-compliant usage of installed softwares
• Issues / complications / problems arising out of operating system exploits, corruption of the OS or its binaries, service exploits, hacking or bandwidth-based attack of any nature and intensity.
• Issues / Factors / Causes outside the immediate purview of FMEOS or Its Partner.
• Pre-Announced scheduled maintenance downtime
• Customer’s Local Area Network (LAN)
• Softwares / Access Limitations / within the customer's local and internal network environment which includes but is not limited to local area workstations, firewall - both hardware and software, anti-virus / spyware programs, bandwidth shaping and configuration devices or any other such software / tool / virtual device.
• Any end-user software or the customer's internet connection.

Downtime or turn-around times taken up by any Chargeable System Administration work performed which includes additional support tasks done on the servers by the technical support team shall be excluded from the calculation for "Performance Credit".

6. General Network Security:- Any /every attempt or instance of network or system security breach would be treated with the strictest possible punitive action including but no limited to criminal and/ or civil proceedings and liability. FMEOS and its Dedicated Servers Partner shall concentrate all the required faculties and extend its fullest co-operation towards the enforcement authorities and help facilitate the prosecution of such customers. The actions which may be termed as violations / breach of terms includes (but is not limited to) the following list.

• Binding IP addresses which have not been allocated to the customer's server.
• Scanning, probing or testing the vulnerability of a server on the internet or to breach the authentication and security measures without the requisite authorization from the subject server.
• Accessing data not intended for user of the customer's account without explicit written consent of the concerned server's owner.
• Intervening with any external network, host or user through activities (not limited to) such as mail-flooding, bulk mailing, outbound broadcasting, overloading servers, sending unsolicited access requests and or exploiting known vulnerabilities or similar circumstances.
• Spoofing and /or forging TCP/IP packet headers in an email-based or newsgroup posting thus exploiting relay services of external mail /web servers.


7. Abuse & Infringement Notices: - FMEOS and its Dedicated Servers Partner reserves the right to ascertain the violation and its severity so committed by a user of the terms of services so laid out, and also the right to drop (blacklist/nullroute/unroute) the section of IP space involved in Spam/Virus /Illegal-Distributions or Denial-of-Service/Packetstorm complaints if it is clear that the offending activity is causing moderate to major harm to parties on the Internet. Situation may arise where FMEOS needs to act before notifying the customer about such an action. At such times, contact with the customer shall be established at the earliest available opportunity once the infringement /violation committed is corrected.

8. Service Suspension / Cancellation: - FMEOS reserves the right to suspend / cancel services temporarily or permanent. Network Engineers who have been empowered with decision making rights would be the sole arbitrators of all actions of infringements, violations and abuse committed by users / customers. Dedicated Servers / VPS’s who are the target of a violation also stand the risk of being disconnected if they are deemed to be dangerous to the network. Any customer whose hosting account / server is found to be carrying / propagating inappropriate and /or unscrupulous activity stands to be deactivated with immediate effect for the time frame taken to complete a full-scale investigation of such an incident. FMEOS may not inform the customer in advance about such suspensions. As and where the need be, enforcement agencies would be informed about the misappropriation. No downtime credit is applicable for any such incidents where the customer's server is inaccessible / offline.

FMEOS has the sole discretion to amend all of its usage policies and /or terms of service at any given point of time. Strict adherence to all such policies is mandatory and binding on all managed dedicated servers, resellers and sub-networks of FMEOS. Any discrepancy or failure to meet the terms set would result in instant cancellation of services. Resellers would be liable for the actions of their end customers where any breach has been committed. FMEOS very strongly encourages resellers to implement a similar or even sterner AUP or TOS for their customers.

9. Miscellaneous Information:- The contents published on websites hosted on our network, the links provided to the customers and the network access allowed are part of the service provided to customers. FMEOS shall not assume any responsibility towards the contents and also any liability or inappropriate usage of its AUP and TOS. Contents uploaded on the websites hosted on the FMEOS network is the sole responsibility of the customer to whom the server has been given.

It would be the customer's prerogative to update their contact information and ensure that FMEOS is in possession of the most recent and functional contact details including email address, telephone number and fax in that preferential order. If a customer happens to receive a waiver inspite of infringing or breaching the terms of service or any service document, it shall at no time be construed as a permanent waiver. FMEOS reserves the rights to take necessary actions at any time.

FMEOS cannot be held liable for any damage / loss of revenue a customer's business may suffer as a fallout of using its services including (but not limited to) non-deliveries, wrong delivery, delays and any and all service interruptions caused, and nor does it undertake any warranties or guarantees, written or otherwise of any of the services provided to the customer.

10. Indemnification: - Customers using the services provided by FMEOS agree the usage policies and conditions laid down in its fullest and most specific sense. Customer shall also protect the interests of FMEOS and shall indemnify it for any infringement and / or violation of the terms laid by it. The customer would assume responsibility of any legal challenge / dispute which arises as fallout of the customer's or the customer of a customer's activity. The customer will pay any damages awarded against FMEOS in addition to all costs and attorney's fees.

The customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of FMEOS and that damages resulting from any interruption of service are difficult to be determined. Therefore, the customer agrees that FMEOS would not assume any damages arising from such causes beyond its direct and exclusive control. Customers further acknowledge that FMEOS's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the customer as hosting services charges for a calendar month. In no event would FMEOS be liable for any special or consequential damages, loss, or injury.

11. Support Limitations: - FMEOS has obtained preferential partnership with numerous vendors who develop products to be used for providing web hosting services. While every possible attempt to support issues pertaining to these softwares and applications would be made, there is no guarantee of a concrete resolution being provided by FMEOS or its Dedicated Servers Partner in-house. Such situations warrant that the bugs / malfunctions be escalated to the developers themselves. Any resolution for such issues is subject to the progress achieved by the original developers of the product / software.

Support for CGI programming, Cold Fusion, ASP.NET, MS-SQL, PHP or any other programming and / or database application and any other application specific issues is not guaranteed. These are niche segments over which the support team personnel may not have proven expertise. However, all possible issues related to the server, operating system, mandatory protocol services and critical OS functions would be taken care of by the support team.

Any request for reload of operating systems will attract a levy of $80.00 per reload request. Backing up of any data which may be present on the server would be the customer’s liability.

12. Account Terms:- (a) Payments: - A reminder is sent to all customers 15 days in advance of the date of renewal. A subsequent reminder is sent 7 days in advance of the renewal date. The final reminder is sent on the date of renewal itself. The reminder is sent in advance so as to allow time for our customers to arrange for funds to be paid as renewal. FMEOS should be in receipt of all account related payments on or before the end of the 3rd day of the three-day grace period allowed for the web hosting services it renders. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. GMT the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. Failure to pay the account due by the 3rd day would result in suspension / cancellation of services. A $100.00 charge would be levied on all such accounts which have to be reconnected upon the payment of the past due invoice. FMEOS will not charge your credit cards automatically and every invoice has to be paid by the customer directly by logging into our billing system from https://fmeos.net . Accounts that are not collectable by FMEOS will be turned over to an outside collection agency for collection. The customer agrees to pay the company a "Processing and Collection" Fee of not less than $80.00 and not more than $160.00.

FMEOS does not utilize any paper or hard-copy invoices. Customers are sent invoices for their accounts through emails.

Payments towards customer accounts are welcome through credit cards (Visa, MasterCard, American Express and Discover), Paypal, MoneyBookers, Cheque, Bank deposit, and Wire-Transfers. All additional transaction fees / payment charges / administrative charges will have to be borne by the customers. FMEOS reserves the right to refuse payments through certain modes owing to previous instances of reversals / charge-backs and or abuse / misuse of such methods. Customers who have been found to have abused / misused such payment modes stand the risk of their accounts being terminated immediately for good without any advance information and would also have to forfeit any such term payments.

(b) Service Cancellation: - All cancellation requests have to be put through our online billing system. Customers would have to give a thirty (30) days notice prior to canceling the services of their account. It is mandatory for the customers to send an email from the primary email address registered with FMEOS when they signed up or the last updated one as per billing records. The subsequent renewal will be charged to the customer's account should there be a failure on the customer's part to serve the cancellations notice prior to 30 days. To site an example, if the account's renewal date is 01st October, then the cancellation notice has to be given on or before 01st September, but not later than that.

(c) Refund Policy: - Any payment made towards dedicated servers is completely non-refundable and out of the scope of any money-back guarantees. Customers have upto thirty (30) days to report any extra charge / additional unexplained levy or billing disputes to report it to FMEOS. Charge backs made on payments through credit card or payment reversals requested for Paypal accounts would result in services being suspended / freezed with immediate effect as it turns out to be an infringement of the general terms of service which has been laid out. FMEOS reserves all rights to levy an administrative fee of $100.00 and not exceeding $400.00. Any Paypal subscriptions payments setup by customers which remain not cancelled at the time of the service account being canceled with FMEOS would be readily refunded after deduction of relevant charges. The Paypal subscription would be terminated thereafter.

13. Abuse / Malicious Usage:- FMEOS has a "zero tolerance" approach towards any activity which may be constituted as either sending Bulk Emails, Spam Mails or Unsolicited Commercial Email (UCE) or all the three over its network. Hosting of websites which give out information that is advertised by UCE from external networks, hosting of ponzi scheme websites and / or HYIP sites on FMEOS or its Dedicated Servers Partner networks shall not be tolerated and would be dealt with very strictly without any considerations along with the levy of a heavy penalty and also stand a chance of the termination of services to their account.

FMEOS would make every attempt to notify customer about any spam activity originating out of their servers. However, FMEOS is within its rights to initiate an instance investigation of such an incident occurring. Customer accounts may be limited or have restricted access to the network in order to prevent any further infringements. FMEOS, at its sole discretion, reserves the right to restrict, suspend or terminate customer's account in the event of the charges of spam / UBE being substantiated against the customer, and also reserves the right to pursue civil / criminal remedies for all costs incurred towards the investigation procedure of any such substantiated spam policy violation. FMEOS shall extend its fullest co-operation to any law-enforcing agency that are investigating or seeking information about such instances.

All FMEOS customers are encouraged to have a similarly strict or even more stringent End-User Content Policy (EUCP) to help avoid any sort of policy /terms / usage violations which may happen from one of the end users. First time infringements would attract an “Administrative Fee" of $500.00 and the account which has violated the policy stands the possibility of being terminated for good. A repeat violation / infringement shall attract an "Administrative Fee" of $1000.00 and immediate termination of all services / network access to such an account. For every hour that is spent by the FMEOS and its Dedicated Servers Partner technical personnel to get to the root of the matter and investigate it thoroughly, the customer shall pay "Investigation Charges" of not less than $200.00 per hour with a minimum leviable charge of $150.00.

14. Warranties / Indemnifications: - The customer agrees that FMEOS does not assume any monetary loss, usage loss, business interruptions / disruptions or responsibility of any sort of consequential damage under this agreement or otherwise, even if it is substantiated that FMEOS was aware of such damages being incurred or occurring and / or due to gross negligence. Any further expressed or implied warranty stands null and voided on any modification made to the customer's website by the customer themselves or their employees. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Customer. In such jurisdictions, MFMEOS liability is limited to the greatest extent permitted by law.

FMEOS. does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with it.

It is presumed that customers realise the fact that FMEOS does not guarantee or warrant that files available for downloading through its or its Dedicated Servers Partner network. will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Customer assumes the full liability of implementing sufficient procedures to satisfy their individual requirements for accuracy of data input and output, and for maintaining a means external to FMEOS. for the reconstruction of any lost data. The parties also expressly recognize that the world wide web houses unedited materials, some of which are unlawful, indecent, or offensive to the customer and access to such materials by the customer is at their personal risk.

FMEOS does not make any express or implied warranties, representations or endorsements to its clientele or any third party whatsoever with regard to any information, products or services provided through it and obtained or contracted over the world wide web including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. FMEOS. shall not be liable to CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties' information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, FMEOS liability is limited to the greatest extent permitted by law.

15. Mutual Agreement:- FMEOS retains the right to enter into this Agreement and to allow the rights mentioned within this agreement. FMEOS shall, in all good faith, comply with the terms of this Agreement. The goods and services provided by FM Enterprises Onine Services. are provided on an "AS IS" basis, without warranty of any kind what-so-ever to the client or any third party.

This Agreement and all attachments or Exhibits supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. FMEOS may, at any time, choose to edit, add and/or delete portions of this agreement and impose changes without prior notification of its members. If any modification is unacceptable to you, your only recourse is to terminate this agreement.

By signing this agreement you are activating your account on a Month-to-Month basis. Term Service Plan is available by contracts provided by cs {@} fmeos.net

Customers may be eligible for a fixed length Dedicated Server ("Term Service Plan") or for a month-to-month Service Plan ("Non-Term Service Plan"). Except as permitted by the Agreement, you must maintain service with us on your Term Service Plan for the minimum term of 1 Year associated with that Term Service Plan. To execute this option please contact cs {@} fmeos.net

Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed OR you switch to a different Service Plan OR your Services terminate.

Except as permitted by the agreement, if you terminate your term service plan before the end of the said term, or is terminated by FMEOS for any violation / infringement of any terms / policies / guidelines of this contract before the end of the term, customers shall pay a "termination fee" of not less than 50% of the remaining term of the contract. The terms relating to Non-Term Service Plans only apply after the current term expires. Customers on a non-term service plan may terminate services by giving a thirty (30) day notice to FM Enterprises Onine Services.

Clients agree to all these terms and conditions along Privacy Policies when using FMEOS services.