Provide a continuation for this: e-business Hosting Agreement 1.0 Introduction This e-business Hosting Agreement ("Agreement") between International Business Machines Corporation ("IBM") and The Quantum Group Inc., ("Customer"), sets forth the terms and conditions under which IBM will provide hosting and related services ("Services") to Customer. The Agreement includes the terms and conditions and the documents referenced herein ("Base Terms") and the following Attachments: Attachment A - Services; Attachment B - Hosting Components; and Attachment C - Charges In the event of a conflict between the Base Terms and an attachment listed herein ("Attachment"), the Base Terms will prevail, except where an Attachment, or a provision contained therein expressly states that it will prevail over the Base Terms. 2.0 Definitions "Acceptable Use Policy" means the Acceptable Use Policy for IBM e-business Services, located on the Internet at www.ibm.com/services/e-business/aup.html, as of the Effective Date, and any subsequent modification in accordance with Section 13.2 below. "Affiliates" means entities that control, are controlled by, or are under common control with a party to this Agreement. "Base Components" means the hardware and software that IBM makes available, if any, as specified in Attachment B. "Bandwidth" means the measurement of samples of usage taken every five (5) minutes during a calendar month and collecting two (2) readings (cumulative of inbound feeds and cumulative of outbound feeds at the same measured point in time). The measurements are stored and become data points. At the end of the month, all data points taken during the month are ranked in ascending order. IBM will discard the top five percent (5%) for each set (inbound and outbound) of data points. The highest remaining sample of the two (2) sets becomes the Customer's Committed or Burstable usage number for that billing cycle. "Burstable Bandwidth" means the bandwidth consumption in excess of the Committed Bandwidth. "Committed Bandwidth" means the fixed circuit capacity that IBM will make available to Customer for connectivity to the Internet. Customer's data traffic between the e-business Hosting Center and the Internet may not exceed Committed Bandwidth, unless otherwise expressly specified in an Attachment. "Content" means information, software, and data that Customer provides, including, without limitation, any hypertext markup language files, scripts, programs, recordings, sound, music, graphics, images, applets or servlets that Customer or its Subcontractors or Services Recipients create, install, upload or transfer in or through the e-business Hosting Environment and/or Customer Components. "Content Administrator" means an employee or Subcontractor of Customer who is authorized by Customer to install, upload and/or maintain Content using a User Identification. "Customer" means IBM's Customer to whom the Services are being provided. "Customer Components" means the hardware, software and other products, data and Content that Customer provides, including those specified in Attachment B. "Customer Initiated Changes" means patches or changes to the environment dictated to be installed by Customer, and installed by either Customer or by IBM. "Customer Production Ready Date" or "CPRD" means the date (following the Hosting Service Ready Date) that the following items have been completed: (1) Customer has notified IBM that Customer has completed application testing and loading of Customer Content, and (2) IBM has notified Customer that monitoring and reporting have been enabled and end users may now begin using the Services. Commencing on the Customer Production Ready Date, Customer will not have administrative access for fully managed devices, unless specifically requested for a limited period of time mutually agreed between the parties, using the established change management procedures.
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"Direct Access Storage" or "DAS" means data storage devices that are directly attached to a server.
Source: QUANTUM GROUP INC /FL, 8-K, 1/20/2009
"Direct Access Storage" or "DAS" means data storage devices that are directly attached to a server. "e-business Hosting Environment" means the Base Components and the IBM provided Internet access bandwidth, collectively. "Hosting Service Ready Date" means a date when IBM notifies Customer that Services are available for Customer use and IBM installation responsibilities have been completed for such Services. Services may be initiated in stages and monthly recurring charges will begin for any portion of Services specified in such notification. "e-business Hosting Center" means a facility used by IBM to provide Services. "Internet" means the public worldwide network of TCP/IP-based networks. "Local Storage" has the same definition as Direct Access Storage "Logical Unit Number" or "LUN" means the individual component in the SAN storage system that may be accessed. Each disk or disk partition in a SAN storage system array has a LUN assigned to it. "Managed Application Service" means a service provided by IBM that includes the Services defined in Attachment A as Managed Application Services. "Managed Application Solution" means a Customer's application hosting environment consisting of network, storage and server devices and includes Managed Application Services for all of the devices. A Managed Application Solution cannot contain any Managed Devices that do not also include Managed Applications Services in order to qualify for a Service Level Agreement as defined in Attachment A. "Managed NAS Storage - Dedicated Environment" means a physical NAS Storage controller and associated disks, provisioned by IBM or Customer that is dedicated to a Customer and managed by IBM. "Managed NAS Storage - Shared Environment" means a physical NAS Storage controller and associated disks, provisioned by IBM, that is shared between customers and managed by IBM. Resources are allocated by IBM based on requirements from the Customer and these resources are dedicated for the Customer's use. "Managed SAN Storage - Dedicated Environment" means a physical SAN Storage controller and associated disks that is dedicated to Customer (not shared with other IBM customers) and managed by IBM. Resources are allocated by IBM based on requirements from the Customer. "Managed SAN Storage - Shared Environment" means a physical SAN Storage controller and associated disks that is shared between two or more IBM customers and managed by IBM. Resources are allocated by IBM based on requirements from the Customer. "Managed Server" means a physical or Virtual Server Base Component for which IBM is providing setup, configuration, administration and management Services. "Materials" means literary or other works of authorship (such as programs, program listings, programming tools, documentation, reports, drawings and similar works) that IBM may deliver to Customer as part of Services. "Materials" does not include licensed program products available under their own license agreements or Base Components. "Middleware" means any programming that serves to "glue together" or mediate between two separate and often already existing programs. A common application of middleware is to allow programs written for access to a particular database to access other databases. The systematic tying together of disparate applications, often through the use of middleware, is known as Application Integration. "Network Interface Card (NIC) means a computer circuit board or card that is installed in a computer so that it can be connected to a network. "Operational Assistance" means the additional operational and physical assistance Services provided by IBM. "Operational Events" means the activities related to physical operations of an unmanaged Customer environment. These activities can include: Device reboot or restart Changing a tape Changing a CD or a disk floppy Preparing tapes for sending them offsite Vendor management for hardware repair or replacement