IT in the Bubble Terms of Service

This legally binding contract (the “Agreement”) is by and between Tim.Brogdon.Net LLC d.b.a. IT in the Bubble (“IT in the Bubble”), and Client (“Customer”) referenced in the Quote (by Company Name and/or Individual) and is effective as of the date services are purchased from IT in the Bubble. This Agreement sets forth the terms and conditions of the use of IT in the Bubble’s services described in the Quote(s) and or Service Order(s) signed by the parties (collectively, the “Services”) and represents the entire agreement between the Customer and IT in the Bubble relating to the Services. This Agreement contains provisions that set forth IT in the Bubble’s Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the “Uptime Guarantee” and section below).

By signing this Agreement (Electronically or physically), the Customer acknowledges and agrees that they have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement.

Privacy

IT in the Bubble will use the Customer’s personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes IT in the Bubble to use its name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.

Description of Services

IT in the Bubble provides the Services to its Customers for a monthly fee. IT in the Bubble reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. IT in the Bubble shall use reasonable efforts to notify the Customer in advance of any planned changes to IT in the Bubble’s network or facilities that may adversely affect the Services.

Bandwidth Services

IT in the Bubble will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the Bandwidth Services), as specified in the Service Order(s).

The Customer agrees to use bandwidth as described in the Acceptable Usage Policy and agrees that bandwidth shall not exceed 20TB per month for the Service(s) ordered by the Customer on the Service Order Form. If the Customer has purchased burstable bandwidth, IT in the Bubble will monitor the Customer’s bandwidth usage and shall have the right to take corrective action if the Customer’s bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of Overage charges based on the per gigabyte or per Mbps price stated on the Service Order. The Customer is obligated to pay all Overage charges. IT in the Bubble reserves the right to take corrective action of the burst bandwidth far exceeds the Customer’s committed rate and could adversely affect IT in the Bubble’s network.  If the Customer is able to exceed the cap set purposefully or by tampering or altering IP packets, the Customer will be subject to overage charges of three times (3x) the per gigabyte or per Mbps price stated on the Service Order and may have their services terminated at IT in the Bubble’s sole discretion.

Other Services

Upon request by the Customer, IT in the Bubble may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Services. The Customer agrees to pay the standard hourly rate associated with additional services, unless otherwise specified in the Service Order(s), for those other services that are outside the scope of, or not included in the Services.

Installation, removal, replacement, maintenance and access to equipment

IT in the Bubble is the owner of the Data Center equipment (unless sold exclusively) used by the Customer and grants a license to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited.

Billing

Invoices are sent by email, upon request a copy can be sent by mail. First Month’s Payment shown in the Service Order must be paid by the Customer to IT in the Bubble before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of IT in the Bubble’s invoices, which invoices will be issued 5 days before due date. The date the Services are made available to the Customer shall serve as the monthly anniversary date (For instance, if the Services were delivered on January 8, the eighth (8th) day of each month is the monthly anniversary date) for all future billings including one time fees, upgrades, additional services, cancellations, and service credits.

Payments

The Customer will pay IT in the Bubble the Recurring Monthly Fees (Monthly Recurring Costs) specified in the Service Order(s), as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by IT in the Bubble under this Agreement. Recurring Monthly Fees will be payable in advance upon the Customer’s chosen payment period. All other fees and the cost will be payable monthly and payment due on the monthly anniversary date.

Payment obligation

Upon the delivery of the Services, IT in the Bubble reserves space, equipment and resources for the Customer’s needs. The Customer must pay its account even if not making use of it.

Payment Options

IT in the Bubble provides the following options for payment:

Checks, Money Orders or All major Credit Cards. IT in the Bubble accepts both checks and money orders. In the event a check is returned, IT in the Bubble will charge a returned check fee of $35.00 or, if less, legal limit in the Customer’s state or country. The Customer is responsible for payment of all bounced check fees. In the event a Customer’s invoice is thirty (30) days past due (from the invoice Due Date) then IT in the Bubble reserves the right to suspend service or terminate until payment is received.

Late payment

Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%).

Non-Payment Termination

In the event the Customer fails to pay the invoice within 30 days of the due date, IT in the Bubble reserves the right to suspend the Customer’s service. If the Customer is still past due on the 60th day from the due date on the invoice, IT in the Bubble reserves the right to terminate the Customer’s service entirely.

Overage Billing

“Overage” is defined as usage of the Services provided by IT in the Bubble in excess of the allocated limitation. Overages are charged for Bandwidth and Professional Services (administrative time) used in excess of the amount described in the Service Order(s).

The Customer agrees to pay the Overage fees and charges for the IT in the Bubble services at the contracted rate for the Services. Bandwidth Overage fees are charged by the whole gigabytes (GB) or in increments of one fourth (1/4) megabits per second (Mbps). Professional Services Overage fees are charged in half hour increments.

Overage fees can be avoided by subscribing to a higher service plan.

Cancellation and Refunds

Any prepayment is a commitment regarding the payment period that cannot be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. Regarding mid-month or mid-period cancellations, IT in the Bubble will not issue pro-rated refunds for cancellations received in the middle of a payment cycle.

Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by Customer of any Services in a given period will obligate the Customer to pay for the Services during that entire billing period.

Term and termination

The term (“Term”) of this Agreement is for a contract period as stated. The term shall begin upon the date the Services are made available to the Customer and shall be for the period stated in the terms or commitment section of the Quote(s) and or Service Order(s). The term for services is automatically renewed at the end of the Term for successive 30 day period unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than thirty (30) days before the end of the term.

Either party may terminate this Agreement effective immediately and without notice upon any breach by the Customer or by IT in the Bubble of any of the terms of the TOS. In such event, IT in the Bubble shall have no obligation to refund any fees paid in advance by the Customer.

Termination requests must be made by emailing to billing@itinthebubble.com or may be sent to:

IT in the Bubble, 320 Dividend Drive, Suite 800, Peachtree City, GA  30269

Chargebacks and Payment Disputes

Under this Terms of Service agreement, the Customer must first contact IT in the Bubble to attempt to resolve any billing disputes before contacting a bank or credit card company to dispute the charges. The Customer further agrees that any billing disputes must be submitted in writing to IT in the Bubble’s billing department within one month of the invoice payment in question.

By using the Services, the Customer agrees to the above policy and to contact IT in the Bubble before contacting a financial institution to seek a resolution.

In the event the Customer disputes charges contrary to this agreement, IT in the Bubble reserves the right to refer the account or sell the debt (plus any applicable fees) to a third party collection agency. IT in the Bubble also reserve the right to take further legal action against the Customer.

Billing disputes must be made by emailing to billing@itinthebubble.com or may be sent to:

IT in the Bubble, 320 Dividend Drive, Suite 800, Peachtree City, GA  30269

Storage and Security

IT in the Bubble does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with the Customer’s account requires updating, they must make a request for such update through IT in the Bubble’s ticketing system.

The Customer shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to their content; (ii) maintain independent archival and backup copies of their content; and (iii) ensure the security, confidentiality and integrity of their content transmitted through or stored on IT in the Bubble’s servers. IT in the Bubble shall have no liability to the Customer or any other person for loss, damage or destruction of any of the Customer’s content.

Uptime Guarantee

“Uptime” refers to the amount of time the Services are available, as measured solely and only by IT in the Bubble’s internal monitoring systems. “Downtime” refers to the amount of time the Services are unavailable each month, as measured solely and only by IT in the Bubble’s internal monitoring systems. IT in the Bubble guarantees that its networking and Connectivity services will be available 100% of the time. In the event such level of service is not provided in any given month, IT in the Bubble will credit your account, for that specific month, in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by the Customer to IT in the Bubble for the Services, but not payments made for any of the following products and services: software licenses, IP address charges, set up fees, shipping and handling, labor charges, and other services which are unrelated to Uptime.

To receive a credit, the Customer must make a request by sending an email message to billing@itinthebubble.com. Each request in connection with this Agreement must include the dates and times of the Downtime, the name and IP address of the server or servers which experienced the Downtime. The request must be received by IT in the Bubble within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by IT in the Bubble credit will be applied to Your IT in the Bubble account within thirty (30) days of receipt of the credit request.

The total amount credited in a particular month under this Agreement shall not exceed the total amount of fees paid for such month for the affected Services. Credits are exclusive of any applicable taxes charged to the Customer or collected by IT in the Bubble and are the Customer sole and exclusive remedy with respect to any Downtime.

100% will result in a credit of: 0%
99.1% to 99.9% will result in a credit of: 5%
98% to 99% will result in a credit of: 10%
95% to 97.9% will result in a credit of: 25%
90% to 94.9% will result in a credit of: 50%
89% or below will result in a credit of: 90%

The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by IT in the Bubble to provide a credit:

Emergency maintenance
Scheduled maintenance
System upgrades
Domain name system (DNS) problems outside of IT in the Bubble’s control
Issues with FTP, POP, IMAP, or SMTP Customer access
Acts or omissions by the Customer or any of the Customer’s employees or agents, resulting in downtime
Any negligence, willful misconduct, or use of the services in breach of IT in the Bubble’s Acceptable Use Policy
Problems with users’ web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the IT in the Bubble servers.
Hardware Replacement Guarantee

IT in the Bubble strives to maintain the integrity of the hardware used to provide its services, and any Downtime caused by hardware failure shall be credited pursuant to this Agreement. IT in the Bubble shall replace any and all substantially malfunctioning hardware within 24 hours of IT in the Bubble becoming aware of such substantial malfunction.

The amount of time for replacement of hardware shall be measured from the moment that IT in the Bubble determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.

In the event that IT in the Bubble fails to meet this hardware replacement guarantee, IT in the Bubble will issue, to the Customer, account credits in the amount of 10% of the base monthly server rent for each hour after the first twenty-four (24) hours of the monthly service fee for the server in question to a maximum of 50% of the cost of the server itself (excluding any management, upgrades or additional services associated with the server in question.)

To receive a credit, the Customer must make a request by sending an email message to billing@itinthebubble.com. Each request in connection with this Agreement must include the dates and times of the hardware replacement situation, the name and IP address of the server or servers which experienced delayed replacement. The request must be received by IT in the Bubble within ten (10) business days after the incident. Upon confirmation by IT in the Bubble, credit will be applied to the Customer’s IT in the Bubble account within thirty (30) days of receipt of the credit request.

Acceptable Use

The Customer agrees not to use the Services to:

Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, Vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; Administer IRC; Harm minors in any way; Impersonate any person or entity; “Stalk” or otherwise harass another person; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; Upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes;” Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

Disclaimer of Warranties

The Customer acknowledges and agrees that IT in the Bubble exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet. NEITHER IT IN THE BUBBLE, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT IT IN THE BUBBLE PROVIDES. NEITHER IT IN THE BUBBLE, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. IT IN THE BUBBLE IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM THE CUSTOMER OR STORED BY THE CUSTOMER OR ANY OF THE CUSTOMER’S CLIENTELE VIA THE SERVICES PROVIDED BY IT IN THE BUBBLE.

Indemnification

The Customer agrees to indemnify to the extent allowed by law, hold harmless, and defend IT in the Bubble and all directors, officers, employees, and agents of IT in the Bubble from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the Services by the Customer, including any violation of the Acceptable Use Policy set forth in this Agreement. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

Limitation of Liability

IN NO EVENT IT IN THE BUBBLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY THE CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF IT IN THE BUBBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will IT in the Bubble’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by the Customer for the Services during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The provisions of this Agreement pertaining to Uptime Guarantee apply to credits available to the Customer for system downtime.

Utilization of Third Party Services

IT in the Bubble reserves the right, and the Customer agrees to pay for, services of third party consultants hired by IT in the Bubble in its discretion to assist IT in the Bubble in providing the Services to the Customer. Fees for the services of third parties retained by IT in the Bubble will be charged to the Customer in the invoice covering the period during which the third-party services were utilized by IT in the Bubble.

Force Majeure

IT in the Bubble shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

Intellectual Property

The Customer represents and warrants that their use of the Services shall not infringe the intellectual property or other proprietary rights of IT in the Bubble or any third party. The Customer further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of IT in the Bubble is owned by IT in the Bubble and/or its licensors. Unless otherwise specifically provided in this Agreement, the Customer shall have no right, title, claims or interest in or to IT in the Bubble’s intellectual property.

The Customer shall not copy, modify or translate any IT in the Bubble intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, the Customer is not authorized to distribute or to authorize others to distribute IT in the Bubble intellectual property in any manner without the prior written consent of IT in the Bubble.

IT in the Bubble respects the intellectual property of others, and we ask the Customer to do the same. IT in the Bubble may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Governing Law and Forum Selection

This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of Georgia.

Waiver and Modification

Except as otherwise provided herein, this Agreement may not be amended except through a writing executed by the parties. Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

Assignment and Severability

This Agreement shall be binding upon and inure to the benefit of the Customer, IT in the Bubble and their respective successors, and assigns. The Customer may not assign this Agreement without the prior written consent of IT in the Bubble, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Additional Incorporated Agreements

Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions.

The Customer agrees that by creating, using, or otherwise engaging in business with IT in the Bubble, that they have fully read, fully understand and agree to these Terms and Conditions. The Customer understands that the Terms and Conditions in the Agreement are legally binding and that they are authorized to enter into such agreements on behalf of their organization or for their self.

911 EMERGENCY DIALING DESCRIPTION AND LIMITATIONS

Depending on several factors, including, but not limited to, the geographic location of the phone number associated with your device (i.e., adapter, SIP phone, or IP phone software application) and/or the service address you listed at the time you registered for the service (“Registered Location”), by dialing 911 on your phone, your call, in many cases, will be routed to emergency personnel responsible for your Registered Location. Emergency resources and personnel will be dispatched to the Registered Location regardless of your actual location or that of your device at the time of the call.  It is your responsibility to report to us right away any address changes or issues with 911 dialing.  It is recommended that you test dial 911 at least once a quarter to confirm your address details are correct.  This can also be completed by dialing 933 to confirm the telephone number and address listed.