You are on page 1of 11

ANVAYA COVE

Service Agreement No: 2021-1008-01

MANAGED CLOUD HOSTING RENEWAL AGREEMENT


ANVAYA COVE | BEACH & NATURE CLUB | GOLF & SPORTS CLUB

Prepared for:

Ms. Heidi Hocson & Mr. Jose Dagdagan


ANVAYA COVE: BEACH & NATURE CLUB | ANVAYA COVE: GOLF & SPORTS CLUB Date Submitted:

Morong, Bataan October 8, 2021

Tel: (+632) 7793-9000 Local 1034 Valid Until:


Fax: (+632) 7793-9088 Local 1037 October 31, 2021
Email Address: hocson.heidi@anvayacove.com | jose.dagdagan@anvayacove.com

Statement of Confidentiality

This proposal and supporting materials contain confidential and proprietary business information of Helpdesk Online Solutions Corp. All
pages within this document are copyrighted and prohibited from being printed and/or photocopied by any means. These materials are
solely used for evaluating the proposed project details and guidelines and are not to be shared by any other party other than those
intended within this agreement.
Schedule A ANVAYA COVE
Service Agreement No: 2021-1008-01
Service Description & Features

MANAGED CLOUD HOSTING SERVICE DESCRIPTION

FULLY-MANAGED CLOUD HOSTING INCLUSIONS 2-YEAR PLAN

DEDICATED DISK SPACE Unmetered

DEDICATED BANDWIDTH Unmetered

FTP ACCOUNTS, EMAIL ACCOUNTS & LISTS Unlimited

ACCOUNT DATABASES Unlimited

SUB DOMAINS, PARKED & ADD-ON DOMAINS Unlimited

SSD RAID-6 DISK DRIVES ✔

DISK SPACE & BANDWIDTH ✔

GREEN DATA CENTERS ✔

BUSINESS-CLASS SERVERS ✔

CPANEL HOSTING (LICENSED) ✔

SOFTACULOUS (310+ APPS) ✔

SPAM-ASSASSIN SECURITY ✔

SSH ACCESS (JAILED) ✔

ADVANCED POLICY FIREWALL ✔

DDOS ATTACK PROTECTION ✔

SERVER MAINTENANCE & UPDATES ✔

SERVER BACKUPS & RESTORE (ON-DEMAND) ✔

UP-TIME GUARANTEE 99.9%

+ SSL SECURITY (EXTENDED VALIDATION – EV) w/ DEDICATED IP ✔


Green Lock + Company Name (Requires EV Validation & Business Verification) shown on
Address Bar. Includes Issuance, Setup and Installation of Standard Security Certificate 2-Years
signed with NIST 2048-bit signatures securing up to 256-bit data encryption

PRIORITY TECHNICAL SUPPORT (24/7) ✔

Online Technical Support is available via Email, SMS, Messenger Chat, Viber & Skype (24/7) 2-Years

Urgent Phone Calls, Mobile Calls & Video Conference Meetings (9AM to 5PM – Mon to Fri) 2-Years

MAINTENANCE & UPDATES (INCLUDED) ✔


₱ 5,000.00 / month
One (1) Remote Dedicated IT Staff for Web Maintenance & Security Updates (All 3 Websites)
₱ 3,000 / month

MONTHLY RATE ₱ 9,598.21

+12% VAT ₱ 1,151.79

TOTAL MONTHLY RATE ₱ 10,750.00 / month

RENEWAL TERM 24-MONTHS

IMPORTANT NOTE: SSL SECURITY & PCI-DSS SECURITY IS NOW BEING REQUIRED FOR ALL WEBSITES ACCEPTING
ONLINE REGISTRATIONS, USER AUTHENTICATION, ONLINE PAYMENTS WITH ONLINE CREDIT CARD TRANSACTIONS
Schedule B ANVAYA COVE
Service Agreement No: 2021-1008-01
Service Agreement, Acceptance & Payment Terms

SERVICE AGREEMENT #2021-1008-01

Anvaya Cove Service Start / Renewal Date: Date Submitted:


Morong, Bataan Upon Signing and Receipt of Full Payment for October 8, 2021
Tel: (+632) 793-9000 | (+632) 943-4400 Managed Cloud Hosting (2-Years) for all three
Fax: (+632) 793-9088 | (+632) 943-4411 Payment Due Date:
(3) websites on or before Payment Due Date.
Email Addresses: January 1, 2022
hocson.heidi@anvayacove.com
jose.dagdagan@anvayacove.com

MANAGED CLOUD HOSTING RENEWAL 2-YEARS (JAN. 2022 – JAN. 2024)

2-YEAR PLAN w/ EV SSL, Dedicated IP w/ Monthly Maintenance & Updates


» ₱ 230,357.04 (2-Years)
₱ 9,598.21 x 24 Months

12% VAT ₱ 27,642.96

Total Contract Price: Two Hundred Fifty-Eight Thousand Pesos Only ₱ 258,000.00 (2-Years)

* Note: Prices are Inclusive of 12% VAT and subject to change without prior notice.

HEIDI HOCSON JOSE DAGDAGAN MONTE BELLA MARANAN


DIRECTOR GENERAL MANAGER SENIOR SALES & MARKETING MANAGER
ANVAYA COVE: BEACH & NATURE CLUB ANVAYA COVE: GOLF & SPORTS CLUB INT’L HELPDESK ONLINE SOLUTIONS CORP.

Date Signed: ________________________ Date Signed: ________________________ Date Signed: _____October 8, 2021_____

TERMS OF PAYMENT ACCEPTANCE TERMS

MANAGED CLOUD HOSTING RENEWAL (2-YEARS) I/We accept this Managed Cloud Hosting Service
Renewal Agreement and have read and understood the
Client agrees to pay and deposit Full Payment upon signing of
Terms & Conditions of Service provided by Int’l. Helpdesk
this Agreement the Total Contract Price (TCP) of Php
Online Solutions Corp. and agree to abide by them.
258,000.00 (Two Hundred Fifty-Eight Thousand Pesos) on or
before Jan. 1, 2022.
Anvaya Cove Beach & Nature Club agrees to pay the
PAYMENT TERMS PER CLUB WEBSITE: Total Contract Price (TCP) above in Full PLUS any and all
additional amounts or Monthly Fees chosen or selected
Client shall deposit Two (2) PDCs (Post Dated Checks) dated on
(if any) to Int’l. Helpdesk Online Solutions Corp., prior to
or before Jan. 1, 2022, for each of the ff. clubs below:
starting and/or renewing the services stated herein upon
BNC = One (1) PDC amounting to Php 129,000.00 (50% of TCP) signing of this Acceptance and Service Agreement.
GSC = One (1) PDC amounting to Php 129,000.00 (50% of TCP)
Payment Due Date: On or Before January 1, 2022
Note: ANV Main Website & Landing Page already included. Any Service Start Date: January 01, 2022
Late, Returned or Bounced Checks issued shall be charged a Service Duration: 2-Years (Jan 01, 2022, to Dec. 31, 2023)
penalty of Php 3,000.00 per check on top of Total Monthly or
Service Renewal Date: January 01, 2024
Annual Billing.

CASH & CHECK DEPOSITS ARE MADE PAYABLE TO: Upon signing of this Acceptance and Service
Agreement, we hereby approve and agree to all
Bank Name: BPI (Bank of the Philippine Islands)
proposed inclusions, Terms of Payment and Terms &
Account: International Helpdesk Online Solutions Corp. Conditions, and all Schedules and attachments.
Account No. (Current Account): 982-100-5628
Branch Location: Ortigas - Emerald Branch Note: Prices are subject to change without prior notice.
Schedule B ANVAYA COVE
Service Agreement No: 2021-1008-01
Terms for Overdue Payments

TERMS FOR OVERDUE PAYMENTS

TERMS FOR OVERDUE PAYMENTS

This Hosting Service Agreement attachment known as SCHEDULE B: PAYMENT TERMS is an agreement between INTERNATIONAL
HELPDESK ONLINE SOLUTIONS CORP. ("the Provider") and ANVAYA COVE BEACH & NATURE CLUB (“the Client”) incorporated
herein by reference (together with any subsequent order forms submitted by the CLIENT, the "Acceptance Form or Quote"), and
applies to the purchase of all services ordered by the CLIENT (collectively, the "Services").

Please read this agreement carefully.

By signing up for the service, this creates a service Agreement between the CLIENT and the PROVIDER, consisting of the Service
Agreement, the applicable attachment SCHEDULE A: CLOUD MANAGED HOSTING RENEWAL AGREEMENT, this agreement
SCHEDULE B: PAYMENT TERMS and SCHEDULE C: SERVICE USAGE POLICY (“SUP”) that the CLIENT is agreeing to be bound by the
terms of this agreement and all terms and conditions incorporated by reference in this agreement. The CLIENT’s use of the services
constitutes acceptance of this agreement.

1. The CLIENT will pay to the PROVIDER the service fees for the services in the manner set forth in this Agreement.

2. The PROVIDER may increase the service fees (i) in the manner permitted in the service description and (ii) at any time on
or after expiration of the length of service, initial term or other terms thereafter.

3. The service fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority
with respect to the services or any software provided hereunder (excluding any tax on PROVIDER’s net income). All such
taxes will be added to PROVIDER’s invoices for the fees as separate charges to be paid by the CLIENT. All fees are fully
earned when due and non-refundable when paid.

4. Unless otherwise specified, all fees and related charges shall be due and payable within thirty (30) days after the date of
the invoice. If any invoice is not paid within seven (7) days after the date of the invoice, the PROVIDER may charge the
CLIENT a late payment fee of Php 500.00 for; in addition any amounts payable to the PROVIDER not paid when due will
bear interest at the rate of three and a half percent (3.5%) per month or the maximum rate permitted by applicable law,
whichever is less.

5. If the PROVIDER collects any payment due at law or through an attorney at law or under advice therefrom or through a
collection agency, or if the PROVIDER prevails in any action to which the CLIENT and the PROVIDER are parties, the CLIENT
will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and the PROVIDER’s
reasonable attorneys’ fees.

6. If any check is returned for insufficient funds, the PROVIDER may impose a minimum processing charge of Php 3,000.00.

7. In the event that any amount due to the PROVIDER remains unpaid seven (7) days after such payment is due, the
PROVIDER, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend services.

8. There may be a minimum service charge of Php 500.00 charge to reinstate accounts that have been suspended or
terminated.

9. Wire transfers will be assessed a minimum Php 500.00 service charge.

10. There may be a minimum Php 500.00 service charge to for all credit card chargebacks.

11. The CLIENT acknowledges and agrees that the PROVIDER may pre-charge CLIENT's fees for the services to its credit card
supplied by the CLIENT during registration for the initial term and Length of Service.

The CLIENT acknowledges, agree and authorize the PROVIDER to automatically bill and/or charge on CLIENT's credit card for
successive terms of equal length as the initial term, unless terminated or cancelled by either party as provided.
Schedule C ANVAYA COVE
Service Agreement No: 2021-1008-01
Service Usage Policy

SERVICE USAGE POLICY (SUP)

SERVICE USAGE POLICY (“SUP”)

INT’L. HELPDESK ONLINE SOLUTIONS CORP. Service Usage Policy (“SUP”) described below defines the actions which HDO considers
to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also
prohibited from other Internet Presence Providers (IPP's). For abbreviation purposes, Helpdesk Online Solutions will be referred to
as the PROVIDER and companies or individual account owners using our services will be referred to as CLIENTS.

1. General Information. As a provider of Internet/World Wide Web access, web site hosting, and other Internet-related
services, INT’L. HELPDESK ONLINE SOLUTIONS CORP. (“the Provider”) offers its CLIENTs, the means to acquire and
disseminate a wealth of public, private, commercial, and non-commercial information.

The PROVIDER respects that the Internet provides a forum for free and open discussion and dissemination of information,
however, when there are competing interests at issue, the PROVIDER reserves the right to take certain preventative or
corrective actions. In order to protect these competing interests, the PROVIDER has developed this Service Usage Policy
(“SUP”), which supplements and explains certain terms of each CLIENT's respective service agreement and is intended as
a guide to the CLIENT's rights and obligations when utilizing the PROVIDER’s services. This will constitute the CLIENT's
acceptance of any new or additional terms of the SUP that result from those changes.

When subscribers obtain information through the Internet, they must keep in mind that the PROVIDER cannot monitor,
verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user
must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware
that some material posted to the Internet is sexually explicit or otherwise offensive.

Because the PROVIDER cannot monitor or censor the Internet, and will not attempt to do so, the PROVIDER cannot accept
any responsibility for injury to its users, clients or subscribers that results from inaccurate, unsuitable, offensive, or illegal
Internet communications. When users, client or disseminate information through the Internet, they also must keep in
mind that the PROVIDER does not review, edit, censor, or take responsibility for any information its users, clients or
subscribers may create. When users place information on the Internet, they have the same liability as other authors for
copyright infringement, defamation, and other harmful speech.

Also, because the information they create is carried over the PROVIDER’s network and may reach a large number of
people, including both CLIENTS and subscribers and non-subscribers of the PROVIDER, clients’ and subscribers' postings
to the Internet may affect other clients and subscribers and may harm the PROVIDER's goodwill, business reputation, and
operations. For these reasons, clients and subscribers violate the PROVIDER policy and the service agreement when they,
their clients, affiliates, or subsidiaries engage in activities described herein.

2. Scope. This SUP governs the usage of the PROVIDER's products and services (the "Services"). This SUP is incorporated by
reference into each contract the PROVIDER enters into with a CLIENT (each, a "Customer") for the use of such Services.
The PROVIDER may modify this SUP at any time without notice. In addition, this SUP is incorporated by reference into the
Terms of Service applicable to the PROVIDER’s Web site so that no person who utilizes the PROVIDER's Web site
(regardless of whether that person is a CLIENT) may take any action utilizing the PROVIDER's Web site that a CLIENT would
be prohibited to take utilizing the Services.

3. Purpose. The purpose of this SUP is to enhance the quality of the Services and to protect the PROVIDER's clients, and the
Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This SUP applies to each CLIENT
and its employees, agents, contractors or other users of such CLIENT who obtain Services from the PROVIDER (each such
person being a "User"). Each User should use common sense and good judgment in connection with the Services. Parents
or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times
of what is on the Internet and how the minors under their care are using the Services and the Internet.
Schedule C ANVAYA COVE
Service Agreement No: 2021-1008-01
Service Usage Policy

4. Prohibited Uses. CLIENTs and Users may not:

a. Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as “spam” or
"spamming"). It is not only harmful because of its negative impact on consumer attitudes toward the PROVIDER, but
also because it can overload the PROVIDER's network and disrupt service to its Clients subscribers. Maintaining an
open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound email traffic
is subject to review and possible action. When a complaint is received, the PROVIDER has the absolute and sole
discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list, or
whether the outbound email traffic generated from an account is suitable for a business hosting environment.

b. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, CLIENTS
and Users may not:

i. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other
copyrightable material) without proper authorization;

ii. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual
property rights of any third party;

iii. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or
services that are prohibited under applicable law;

iv. Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the
originator of the message; or

v. Utilize the Services in any manner that violates applicable law.

c. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of
this rule, CLIENTs and Users may not:

i. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B)
publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise
violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make
harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal
under applicable law.

ii. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general
application of this rule, Clients and Users may not:

a. Utilize the Services to cause denial of service attacks against the PROVIDER or other network hosts or
Internet users or to otherwise degrade or impair the operation of the PROVIDER’s servers and facilities or
the servers and facilities of other network hosts or Internet users; or

b. Post messages or software programs that consume excessive CPU time, or storage space, or network
bandwidth; or

c. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders
other than for the User’s own account; or

d. Utilize the Services to resell access to CGI scripts installed on the PROVIDER’s servers; or

e. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any the PROVIDER
systems, facilities or equipment; or
Schedule C ANVAYA COVE
Service Agreement No: 2021-1008-01
Service Usage Policy

f. Utilize the Services to gain unauthorized access to the computer networks of the PROVIDER or any other
person; or

g. Utilize the Services to provide passwords or access codes to persons not authorized to receive such
materials by the operator of the system requiring the password or access code; or

h. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B)
impersonate or assume the identity or any other person, or (C) engage in any other activity (including
"spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User
(excluding the use of anonymous re-mailers or Internet nicknames); or

i. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to
disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or

j. Utilize the Services to conduct port scans or other invasive procedures against any server (except any
server for which the User is an authorized system administrator); or

k. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose
of encouraging or facilitating unsolicited commercial e-mail or Spam; or

l. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the
purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or

m. Utilize the Services in any manner that might subject the PROVIDER to unfavorable regulatory action,
subject the PROVIDER to any liability for any reason, or adversely affect the PROVIDER’s public image,
reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful,
vulgar, racially, ethnically or otherwise objectionable materials as determined by the PROVIDER in its sole
discretion; or

n. While on a business hosting platform, utilize, operate, enable, execute, compile, upload or publicly store
source code, executable code, programs, or software packages designed to perform tasks not directly
associated with website/email hosting, including, without limitation, (A) directly opening any listening port,
(B) starting any ‘daemon’ process, (C) performing local/remote security scans, (D) simulating local shell/OS
access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall
restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing ‘tracker’
services to ‘Bit Torrent’ clients and/or (H) exploiting web browser vulnerabilities, as determined by the
PROVIDER in its sole discretion; or

o. Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of the PROVIDER,
including, but not limited to, telephone lines, email addresses, fax lines, bulletin boards or contact/signup
forms; or

p. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons;

5. Prohibited Uses. CLIENTs and Users may not:

a. Disclaimer. The PROVIDER expressly disclaims any obligation to monitor its CLIENTs and other Users with respect to
violations of this SUP. The PROVIDER has no liability or responsibility for the actions of any of its CLIENTs or other
Users or any content any User may post on any Web site.

b. Reporting Non-Copyright Violations. The PROVIDER encourages Users to report violations of this policy by e-mail to:
abuse@helpdeskprojects.com, including in any such report the name of the offending domain (for example, xyz.com)
and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.

c. Reporting Copyright Violations. The PROVIDER encourages Users to report an alleged copyright infringement
involving a user by sending a notice.
Schedule C ANVAYA COVE
Service Agreement No: 2021-1008-01
Service Usage Policy

d. Remedies. If the PROVIDER learns of a violation of this SUP, the PROVIDER will respond to the applicable CLIENT and
may, in the PROVIDER’s sole discretion, take any of the following actions, in accordance with the severity and duration
of the violation:

i. Warning the CLIENT; and/or

ii. Suspending the offending CLIENT from the Services; and/or

iii. Terminating the offending CLIENT from the Services; and/or

iv. Imposing fees or charges on the offending CLIENT account in accordance with the applicable service contract;
and/or

v. Removing the offending content; and/or

vi. Taking other action in accordance with this SUP, the applicable service agreement or applicable law.

e. The PROVIDER does not allow any use or dissemination of pornographic material. The PROVIDER reserves the right
to terminate the CLIENT’s account if at any time the CLIENT’s site has pornography and/or nudity of any kind,
including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or the written word
of a sexual nature.

f. The PROVIDER does not allow unsolicited email and requires opt-in list managers to include at least one single action
method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.

g. The PROVIDER reserves the right to terminate CLIENT’s account at any time without a refund. Reasons for
termination include, but are not limited to:

i. Abuse of the servers - either intentional or due to improper coding

ii. Committing or Promoting any type of illegal activity including fraud, mail bombing, denial of service attacks,
storing and/or housing and/or linking to illegal content, including but not limited to, "warez",
"hacking"/"cracking"/"key generators".

iii. The use of Services to traffic in illegal drugs, gambling and/or obscene materials.

iv. The use of Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual
property rights of any third party.

v. Use of ad-servers, attempts to circumvent quota system owned by 'nobody', certain podcasting sites, use of
torrent software, proxies, excessive resource usage or 'core dumping'.

vi. Attempts to circumvent any of our security policies, procedures or systems.

6. Reservation of Rights. The PROVIDER reserves the right to cooperate with appropriate legal authorities in investigations
of claims of illegal activity involving the PROVIDER’s Services, CLIENTs and other Users. The PROVIDER reserves all other
rights to respond to violations of this SUP to the extent of applicable law and in accordance with any applicable contractual
obligations. The PROVIDER may utilize technical means to monitor communications into, and out of, its network facilities
to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this SUP and
each CLIENT agrees that the PROVIDER is authorized to monitor its communications through the PROVIDER's network
for such purposes.
Schedule C ANVAYA COVE
Service Agreement No: 2021-1008-01
Service Usage Policy

7. Provider Licensor. The PROVIDER shall not be responsible for any changes in the Services that cause the Non-Provider
Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any
malfunction or manufacturer's defects of Non-Provider Product either sold, licensed or provided by the PROVIDER to the
CLIENT or purchased directly by the CLIENT used in connection with the Services will not be deemed a breach of
PROVIDER's obligations under this Agreement. Any rights or remedies the CLIENT may have regarding the ownership,
licensing, performance or compliance of Non-Provider Product are limited to those rights extended to the CLIENT by the
manufacturer of such Non-Provider Product. The CLIENT is entitled to use any Non-Provider Product supplied by the
PROVIDER only in connection with the CLIENT's permitted use of the Services. The CLIENT shall use its best efforts to
protect and keep confidential all intellectual property provided by the PROVIDER to the CLIENT through any Non-Provider
Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it
other than in connection with the Services. The CLIENT shall not resell, transfer, export or re-export any Non-Provider
Product, or any technical data derived therefrom, in violation of any government laws.

8. Internet Protocol (IP) Address Ownership. The PROVIDER assigns the CLIENT an Internet Protocol (“IP”) address for The
CLIENT's use, the right to use that IP address shall belong only to the PROVIDER, and the CLIENT shall have no right to
use that IP address except as permitted by the PROVIDER in its sole and absolute discretion in connection with the
Services, during the term of this Agreement. The PROVIDER shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to the CLIENT by The PROVIDER, and The PROVIDER reserves the right to
change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

9. Caching. The CLIENT expressly

a. grants to the PROVIDER a license to cache the entirety of the Client Content and CLIENT's web site, including content
supplied by third parties, hosted by the PROVIDER under this Agreement and

b. agrees that such caching is not an infringement of any of CLIENT's intellectual property rights or any third party's
intellectual property rights.

10. CPU Usage. The CLIENT agrees that the CLIENT shall not use excessive amounts of CPU processing on any of PROVIDER's
servers. The maximum number of files is 50,000 per account. Any violation of this policy may result in corrective action by
the PROVIDER, including assessment of additional charges, disconnection or discontinuance of any and all Services, or
termination of this Agreement, which actions may be taken in PROVIDER's sole and absolute discretion. If the PROVIDER
takes any corrective action under this section, the CLIENT shall not be entitled to a refund of any fees paid in advance
prior to such action.

11. Bandwidth and Disk Usage. The PROVIDER shall provide the CLIENT with a large volume of bandwidth, disk space and
other resources, such as email and/or file-transfer-protocol ("FTP") accounts. The Services are intended for normal use
only. Any activity that results in excessive usage inconsistent with normal usage patterns is strictly prohibited. The CLIENT
agrees that such bandwidth and disk usage shall not exceed the amounts set by the PROVIDER for the Services (the
"Agreed Usage"). These allotments are optimized and dedicated towards serving the Content and CLIENT's electronic mail
services related solely to CLIENT's web hosting account(s) with the PROVIDER. The CLIENT shall not use any bandwidth
and/or disk usage for materials other than the CLIENT’s Web site, Client Content and/or CLIENT's electronic mail services.

For example, the CLIENT may not use bandwidth or disk usage as offsite storage area for electronic files or as a
provisioning service for third party electronic mail or FTP hosts.

The PROVIDER will monitor CLIENT's bandwidth and disk usage. The PROVIDER, in its sole discretion, shall have the right
to take any corrective action if CLIENT's bandwidth or disk usage exceeds the Agreed Usage or other improper storage or
usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any
and all Services, removal or deletion of CLIENT’s Web site, Client Content, CLIENT's electronic mail services and/or other
materials or termination of this Agreement, which actions may be taken in the PROVIDER's sole and absolute discretion.
Schedule C ANVAYA COVE
Service Agreement No: 2021-1008-01
Service Usage Policy

If the PROVIDER takes any such corrective action under this section, the CLIENT shall not be entitled to a refund or credit
of any fees paid prior to such action. The CLIENT will comply with all applicable laws, rules and regulations regarding
CLIENT’s Web site, Client Content and/or CLIENT's electronic mail services and will each, including bandwidth, disk space
and other resources only for lawful purposes.

The CLIENT may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other
copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights,
trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, illegal gambling,
obscene materials or other any products or services that are prohibited under applicable law; the Services to export
encryption software in violation of applicable export control laws; the Services to forge or misrepresent message headers,
whether in whole or in part, to mask the originator of the message. If the PROVIDER learns or discovers that the CLIENT
is violating any law related to The CLIENT’s Web site, The CLIENT Content and/or CLIENT's electronic mail services, use of
bandwidth, disk usage or Agreed Usage, the PROVIDER maybe obligated to inform the necessary law enforcement and/or
any related agencies of such conduct and may provide such agencies with information related to CLIENT, CLIENT’s Web
site, Client Content and/or CLIENT's electronic mail.

12. Parked Domain Services. In addition to the applicable terms and conditions contained herein:

a. If the CLIENT signs up to register and park a domain name with the PROVIDER, the CLIENT agrees to pay the
PROVIDER the annual fee a set forth within this Agreement. CLIENT’s annual billing date will be determined based
on the month The CLIENT establishes the Parked Page Services with the PROVIDER. Payments are non-refundable. If
for any reason the PROVIDER is unable to charge CLIENT’s payment method for the full amount owed to the
PROVIDER for the service provided, or if the PROVIDER is charged a penalty for any fee it previously charged to
CLIENT’s payment method, the CLIENT agrees that the PROVIDER may pursue all available remedies in order to
obtain payment. The CLIENT agrees that among the remedies the PROVIDER may pursue in order to effect payment,
shall include but will not be limited to, immediate cancellation without notice to CLIENT of CLIENT’s service. The
PROVIDER reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its
regular services. These include, but are not limited to, customer service issues that cannot be handled over email but
require personal service, and disputes that require legal services. These charges will be billed to the payment method
we have on file for the CLIENT.

b. The CLIENT agrees to be responsible for notifying the PROVIDER should the CLIENT desire to terminate use of any
of the Parked Page Services, including, but not limited to, those purchased. Notification of The CLIENT’s intent to
terminate must be provided to the PROVIDER no earlier than thirty (30) days prior to CLIENT’s billing date but no
later than ten (10) days prior to the billing date. In the absence of notification from the PROVIDER, The PROVIDER
will automatically continue the Parked Page Services indefinitely and will charge CLIENT’s payment method that is on
file with the PROVIDER, at the PROVIDER's then current rates. It is CLIENT’s responsibility to keep their payment
method information current, which includes the expiration date if using a credit card. In the event the CLIENT
terminates the Parked Page Services, moving their web site off of the PROVIDER’s hosting servers is CLIENT’s
responsibility. The PROVIDER will not transfer or FTP such web site to another provider. Any change by the CLIENT
of their name-server is not deemed cancellation of the Parked Page Services. The PROVIDER will provide the CLIENT
with the Parked Page Services as long as the CLIENT abides by the terms and conditions set forth herein and in each
of the PROVIDER's policies and procedures.

c. By using any of the Parked Pages Services, the CLIENT agrees that the PROVIDER may point the domain name or
DNS to one of the PROVIDER's or PROVIDER's affiliates web pages, and that they may place advertising on CLIENT’s
web page and that the PROVIDER specifically reserves this right. The CLIENT shall have no right to any compensation
and shall not be entitled and shall have no right to receive any funds related to the monetization of CLIENT’s Parked
Pages. The CLIENT agrees to indemnify and hold harmless the PROVIDER for any complications arising out of use of
the Parked Page Services, including, but not limited to actions. The PROVIDER chooses to take to remedy the CLIENT’s
improper or illegal use of a web site hosted by the PROVIDER. The CLIENT agrees it is not being entitled to a refund
of any fees paid to The PROVIDER if, for any reason, the PROVIDER takes corrective action with respect to any
improper or illegal use of the Parked Page Services.

You might also like