600 W. 7th Street, Third Floor, LA CA 90017
213-627-1937 Voice 213-627-1917 Fax

DEDICATED SERVER AGREEMENT - 100% UPTIME GUARANTEE

ONE WEEK 100% MONEY BACK GUARANTEE:
I understand that if I sign up and pay for service but am unhappy, I can cancel within the first 7 days and get 100% refund.

1. CALPOP is in the business of providing direct connectivity to the Internet, and has its facility at 600 W. 7th Street, Third Floor, Los Angeles, CA 90017 (herein "Data Center"), to provide a variety of hardware and software support for its clients.

2. Client desires to connect certain equipment or computer devices ("Server" or "Equipment") leased by Client to the Data Center for the purposes of obtaining Internet access and services from CALPOP for the term of one month ("month to month") from the deployment date OR if Client prepays for one year then term is twelve months. The deployment date shall be the date that packets begin flowing to the client's server(s), ("Service Start Date").

3. CALPOP shall provide basic services ("Internet Services") to Client, which shall include bandwidth and a direct connection of the Equipment to the Internet switch or router via ethernet connection. Client will select it's bandwidth commitment from the bandwidth plan options from this online shopping cart. If Client chooses a burstable bandwidth package then Client may be charged for excess bandwidth usage for bandwidth in excess of the commitment plan. Client shall be leased one dedicated server with 1 ethernet handoff/server from a core switch and 1 power outlet/leased server (Standard 110v and up to 450 watts).

4. The total fee for Services and onetime setup fees and any other upgrades as picked by client from the internet shopping cart, are payable in advance of the start of service as required herein, and are charged monthly thereafter. CalPOP will automatically charge the monthly and other fees to the Clients credit card, paypal account, or checking account each month. The Client will be provided a web-based link and login to MRTG or CACTI so that the client can see the real-time bandwidth utilization. IP's will be given according to the policy of ARIN.NET. 1 IP is included for free. IP's can be leased for $1 per IP/month.

5. a. The fee for the Administrative Services shall be $ FREE per month. There shall be no cost for Rebooting any Server and their shall be provided 24 hour technical support. Connectivity related technical support is free. 

ALL TECH SUPPORT THAT TAKES 5 MINUTES OR LESS IS FREE!

FREE PART REPLACEMENT FOR ANY FAILED SERVER PART!

b. Client may be required to make an additional deposit to cover anticipated excessive bandwidth usage if the MRTG/CACTI bandwidth graph shows bandwidth usage in excess of the bandwidth commitment rate picked from the shopping cart. Excessive usage shall be any bandwidth usage over the Subscription Rate. Failure to deposit payment for excessive bandwidth usage at the Subscription Rate may result in suspension of account until such payment is made. CALPOP shall, of course, make reasonable attempts to notify client of such excessive usage.

c. If Client so requests custom technical support or CALPOP must provide custom technical support or custom administration for Client at a later date. Client shall pay to CALPOP $75 per hour for the total hours of Custom Support or Custom Administrative Services needed and/or requested by client. Administration regarding connectivity or simple network admin like replacing a stick of ram is FREE!!

d. All fees shall be due from Client in advance and shall be received by CALPOP prior to the ("Due Date") for the preceding month of service. Not receiving an invoice from CALPOP prior to Due Date is not grounds for delay of payment. This document and/or the online billing website will suffice as an invoice for the term of this agreement. If payment is not received by the Due Date, CALPOP may impose a late fee of $25/server and if payment is not received within seven (7) days AFTER the Due Date, CALPOP, may at its sole discretion, disconnect services to Client's Server or Equipment without prior notice and without any liability to CALPOP. CalPOP shall be authorized to automatically charge the Client's credit, debit card, paypal account, and/or be allowed to issue automatic "e-checks" if the Client provides the account information.

e. In the event that Client pays the monthly charges after the disconnect event, and CALPOP agrees to reconnect service to the Client, there shall be a minimum re-connection charge calculated at the rate of $25.

f. After the disconnection event for any reason, Client is still required to pay storage fees equal to the rate in paragraph 4 - the normal monthly rate. CALPOP does not store Client equipment in Data Center free of charge. Client is encouraged to settle outstanding fees due CALPOP and remove equipment promptly.

g. CALPOP shall not be required to refund any fees to Client charged pursuant to this Agreement, except by mutual agreement.

h. Client can cancel this agreement anytime. No refunds of any kind are due in the event of cancellation unless Client has prepaid 1 YEAR and terminates early in which case Client shall be entitled to a refund of the difference between the prepaid amount and the amount the Client would have paid had he signed up for the month-to-month rate and paid set-up fees. To cancel service you must provide thirty (30) days notice and send an email including the date you want service to end to billing@calpop.com.

i. Client is aware that Client is required to make a reasonable effort to estimate the monthly bandwidth usage and prepay such amount for the first month of this contract. Subsequent months shall be billed and based upon the monthly bandwidth usage of the prior 30 days and shall be payable by the Due Date of each subsequent month for the term of this agreement.

6. Client is aware and understands that:
a) CALPOP obtains its electrical power from the local public utility company, the Los Angeles Department of Water and Power, the ("DWP") - divergent power grids feed our building which has TEN 5,000 amp power plants and 17 diesel generators. CalPOP cannot guarantee the performance of the DWP, however it should be noted that DWP routinely produces excess power and during the "California Brown Outs" the DWP sold power to Edison and did not go down. Furthermore, all CALPOP power is on  A/B UPS systems and N+1 diesel emergency power generators for back-up which is tested routinely.
b) CALPOP obtains Internet access from other Internet backbone providers which may include but is not limited to LEVEL 3, WILTEL, COGENT, XO, MZIMA, and AT&T. CALPOP shall reserve the right to change bandwidth providers without notice.

100% UPTIME IS GUARANTEED

c) Availability of Internet access to CALPOP is not entirely under the control of CALPOP but internet access is guaranteed by CALPOP to be 100% uptime. Client shall be entitled to a prorated refund for any downtime should any take place.
d) While CALPOP's goal is to provide uninterrupted service to Client, there will be times that the connectivity to the Internet may be disrupted, in which case Internet access will not be available to CALPOP and to Client's Equipment at the Data Center. As CALPOP is connected to multiple providers of internet access and utilizes BGP-4 - to route traffic out redundant networks in the event of any single network failure, the chances that all such internet connections could go down at once would be very unusual.
e) Equipment may shut down or malfunction at any time due to a variety of reasons, including without limitation, power surges from the Public Utility, Equipment malfunction, software problems, Internet problems, etc.
f) CALPOP may have regular or periodic disruption of services due to scheduled and unscheduled maintenance of the equipment in the Data Center. CALPOP will notify Client of such dates and times of any scheduled maintenance disruptions via email or phone.

7. CALPOP is not responsible for lost business, financial or otherwise, resulting from any of the services that it offers. Such guarantees are not included in this agreement and would require separate written agreement, with additional consideration to enforce such guarantees.

8. CALPOP shall make reasonable efforts to protect Client's Equipment, however, Client should carry its own insurance or provide it's own remedy for losses ("Losses") due to
a) discontinuation of Internet connectivity for any reason whatsoever,
b) damage to the Equipment or Client's office due to any reason, including without limitation, fire, theft, water leakage, earthquake and all acts of God, and
c) loss of income to Client, damage to Client's software, or losses due to any other possible incident (together "Losses"). In any case, Client shall hold CALPOP, its employees, agents and assigns harmless against all Losses to Client.

9. Client shall indemnify, defend and hold CALPOP, its employees, officers, agents and assigns against all claims, losses and cause of action by anyone due to connectivity of Client's Server and Equipment to the Internet through the facilities of CALPOP at the Data Center ("Indemnification"). This Indemnification shall include all causes of action, including without limitation, claims, suits, judgments, collection activity, and harassment.

10. CALPOP shall have the right to discontinue service to the Client at any time, without refund, upon the sending to addresses provided to CALPOP from client, written (US mail, facsimile or e-mail) notice stating the cause, for the following reasons:
a) Violation of the terms of service herein stated, and/or as periodically changed as stated at http://CALPOP.com/terms.htm
b) False statements for personal gain at the expense of CALPOP.
c) Failure to follow instructions of CALPOP's staff or management while Equipment or Server is in the Data Center.
d) Attempt to remove equipment from the Data Center while a fee is outstanding.
e) Violation of any rule of the building owner.
f) Violation of law and issuance of any judicial action or governmental order to cease and desist the Server and Equipment operation.
g) Unannounced excessive bandwidth usage for which a deposit has not or is not provided.
h) SPAM originating or relaying from, or advertising sites, on Client Server. SPAM disconnections may result in a termination fee as outlined outlined in paragraph 5. CalPOP may disconnect and/or terminate service to Client if Client gets listed on SpamHaus or Spews or other serious black list and may refuse service to Clients listed on the Spamhaus ROKSO list of "registry of known spam organizations." 
i) Running an IRC Server, eggdrop server, botnet server, or selling "shell" hosting accounts. 
j) Mismanaged server by the Client that results in, or could potentially result in, any form of harm or interruption of services provided by CALPOP.
k) Denial of Service attacks incoming or outgoing from the Client's server.
l) Other types of abuse not specifically mentioned here but which could potentially result in, any form of harm or interruption of services provided by CALPOP or that may harm other networks. CalPOP reserves the right to refuse service to anyone for any reason.   

11. In the event of a dispute between the parties due to this Agreement, parties agree to submit the dispute for arbitration in accordance with the rules of the American Arbitration Association. The prevailing party in any legal proceeding or arbitration shall be entitled to reasonable attorney fees and expenses whether or not the dispute is resolved through arbitration or court. Any legal dispute shall be in the Los Angeles jurisdiction. Billing disputes must be sent to billing@calpop.com within three (3) months of the date of the charge. CalPOP shall apply credit to the Client's account for any incorrect charge disputed within three (3) months of the date of the charge. No claim may be brought for any dispute arising from this Agreement more than three (3) months from the date of the occurence which gives rise to the dispute.

12. This Agreement shall be the only agreement between the parties. All prior written and verbal representations and communications between the parties shall be null and void. Amendments to this agreement shall be in writing, executed by Client and CalPOP. If, Client is a person, he or she, shall personally guarantee this Agreement. If Client is a legal entity such as a corporation, partnership, limited liability company, etc., and CALPOP has not specifically approved the credit of such entity, the Guarantor herein below shall fully and personally guarantee the performance of this Agreement. Client agrees to supply a copy of current Identification, either current driver's license, state issued ID card, or current passport for the purpose of CalPOP performing a one time identity verification. A one time identity verification is performed in order to confirm your mailing address and to establish credit for unpaid services.

13. Unless terminated by providing thirty (30) days notice by sending email to billing@calpop.com, the term of this contract shall extend for one additional month. Unless otherwise stated, this is a month-to-month contract.