Common use of Key Assumptions Clause in Contracts

Key Assumptions. The 51st State Responsibilities and Charges within this Transaction Document are based on the Key Assumptions below: 1. The server architecture contains single points of failure. 2. No growth is assumed. 51st State will utilize incremental ordering and/or Project Change Requests for pricing new and additional capacity. 3. The server environment will be hardened (e.g. operating system). 4. Commercially supported levels of software will be maintained. 5. Unix root and NT administrative access is controlled by 51st State and is not available to you. Within the limitations of the operating system 51st State will however, establish access to a limited set of privileged commands as mutually agreed upon. 6. Access for you to any systems level commends such as shutdown, reboot, and kill is not provided as it may affect the rest of our server environment. Physical machine shutdown and re-initialization will be performed by 51st State. 7. 51st State will retain execution of all system level maintenance, privileged, and administrative commands. 8. 51st State will not share administrative control of the firewall, if any are specified in Attachment 1, with you.

Appears in 2 contracts

Sources: Web Hosting Services Agreement (Nes Worldwide Inc), Web Hosting Services Agreement (Nes Worldwide Inc)