Terms, Conditions and Acceptable Use Policy
Terms, Conditions and Acceptable Use Policy
We provide Internet World Wide Web page hosting, Marketing, and Development.
We have certain legal and ethical responsibilities consisting with the use of
its server and equipment involved in these services.
Our general policy is to act as a provider of internet presence. We have specific ethical concerns regarding the use of its computers detailed below. We reserve the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used.
Acceptable
Use Policies
Service
Level Agreement
Privacy Policy
Specific Acceptable Use Policies
This HOSTGAL / MYHOSTGAL Acceptable Use Policy ("AUP") describe the proper kinds of conduct and prohibited uses of HOSTGAL / MYHOSTGAL's hosting services (the "Services"). This AUP is not exhaustive and HOSTGAL / MYHOSTGAL reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at www.HOSTGAL / MYHOSTGAL.com. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as HOSTGAL / MYHOSTGAL deems appropriate.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of HOSTGAL / MYHOSTGAL
is strictly prohibited.
Unauthorized use of other people's accounts or computers HOSTGAL / MYHOSTGAL will strongly
react to any use or attempted use of an Internet account or computer without
the owner's authorization. Such attempts include "Internet scamming"
(tricking other people into releasing their passwords), password robbery, security
hole scanning etc.
Any unauthorized use of accounts or computers by a HOSTGAL / MYHOSTGAL customer, whether
or not the attacked account or computer belongs to HOSTGAL / MYHOSTGAL, will result in action
against the attacker. Possible actions include warnings, account suspension
or cancellation, and civil or criminal legal action, depending on the seriousness
of the attack.
IMPORTANT NOTE - HOSTGAL / MYHOSTGAL has the right to discontinue service, or deny access
to anyone who violates our Policies or the terms and conditions shown below
WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account
termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses
also include, but are NOT limited to: Bulk emailing, unsolicited emailings,
newsgroup spamming, pornographic content, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial numbers, and/or anything
else determined by HOSTGAL / MYHOSTGAL to be unacceptable use of HOSTGAL / MYHOSTGAL's services including
abuse of server resources.
All hosting accounts
may be terminated that include the following content or which have links to
the following content:
a. Providing material that is grossly offensive to the Web community including
blatant expressions of bigotry, racism or hatred.
b. Promoting or providing instructional information about illegal activities,
or promoting physical harm or injury against any group or individual.
c. Displaying material that exploits children under 18 years of age.
d. Acts of copyright infringement including offering pirated computer programs
or links to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for software
programs, or any type of cracker utilities.
e. Exporting encryption software over the Internet or otherwise, to points outside
the United States.
f. Distributing information regarding the creation of and sending Internet viruses,
worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks.
Also, activities that disrupt the use of or interfere with the ability of others
to effectively use the network or any connected network, system, service, or
equipment.
g. Advertising, transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this AUP, which includes the
facilitation of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software. Any account that is deactivated
by the abuse team will be charged the following reactivation fees:
1st offense - $25.00
2nd offense - $100.00
3rd offense - $500.00 + Account termination
This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.
Abuse of Unlimited Traffic
HOSTGAL / MYHOSTGAL's customers are privileged to be offered unlimited traffic for their web sites. The intention of HOSTGAL / MYHOSTGAL is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on HOSTGAL / MYHOSTGAL's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of HOSTGAL / MYHOSTGAL management. Any customer who violates HOSTGAL / MYHOSTGAL's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.
To maintain the integrity of our shared hosting service the following limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $5.00/1GB/month.
You will receive a notice on Tuesday morning detailing your bandwidth usage.
You will have 7 days to visit www.overages.cihost.com to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. This does not apply to colocation clients. Colocation clients will be billed for the overages based on switch reports. Colocation clients must pay for the overages IMMEDIATELY once billing or HOSTGAL / MYHOSTGAL has the sole decision to deactivate any and all servers.
HOSTGAL / MYHOSTGAL will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
HOSTGAL / MYHOSTGAL takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
The following activities
are not allowed:
· Unsolicited bulk or commercial messages ("spam"). This includes,
but is not limited to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures, and political or
religious tracts. Such messages may only be sent to those who have explicitly
requested it from your domain.
· Forging, altering or removing electronic mail headers is prohibited.
Any domain sending stealth spam will be terminated without warning and without
refund.
· Sending numerous copies of the same or substantially similar message
with the intent to disrupt a server or account ("mail bombing").
· Spamming Newsgroups: Commercial advertisements are unwelcome in most
Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting
may result in account cancellation. See the newsgroup or mailing list's charter
for whether advertising is allowed or not. "Spamming," or sending
a message to many different off-topic newsgroups, is particularly unethical
and will be treated as such.
· Mail may not be used to harass or intimidate others. Harassment, whether
through language, frequency of messages, or size of messages, is prohibited.
Sending a single unwelcome message may be considered harassment. If a recipient
asks to stop receiving e-mail, you must not send that person any further messages.
· Providing spamware (software used to send bulk email or software used
to harvest email addresses) or links to sites providing spamware is strictly
prohibited and subject to demand for removal or account cancellation.
Note: If you use the services of another provider (including but not limited
to the use of address lists obtained from a third party vendor or provider)
to promote a web site hosted by or through HOSTGAL / MYHOSTGAL (spamvertising), then the
provisions of the above Policy shall apply as if the spam were sent through
our servers.
Penalty: Depending on the severity of your SPAMMING, HOSTGAL / MYHOSTGAL reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you.
CGI Scripts
Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2000 web hosting accounts are subject to approval by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse
(This section does not apply to managed dedicated or colocation servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.
Child Pornography
Our policy on child pornography is zero tolerance. HOSTGAL / MYHOSTGAL will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the HOSTGAL / MYHOSTGAL network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the HOSTGAL / MYHOSTGAL Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact noc@cihost.com to have your domain moved.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)
IRC
We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, HOSTGAL / MYHOSTGAL may, in its sole discretion, assess you with additional charges. If HOSTGAL / MYHOSTGAL elects to take any corrective action, HOSTGAL / MYHOSTGAL will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $20/GB/month. Disk space overages are currently billed at $.25/MB/month. Email attachments overages are currently billed at $.10 per email over 10MB.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. HOSTGAL / MYHOSTGAL reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 48 hours of email notification. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies HOSTGAL / MYHOSTGAL at HOSTGAL / MYHOSTGAL.com to request for termination of services. All payment is in U.S. currency. HOSTGAL / MYHOSTGAL will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All HOSTGAL / MYHOSTGAL accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@cihost.com should you wish to change your anniversary billing cycle. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason HOSTGAL / MYHOSTGAL will charge your account an additional $1.00 service charge every time your card is declined. HOSTGAL / MYHOSTGAL may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of HOSTGAL / MYHOSTGAL) shall be paid by Customer.
Cancellation
HOSTGAL / MYHOSTGAL reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by HOSTGAL / MYHOSTGAL if HOSTGAL / MYHOSTGAL institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of HOSTGAL / MYHOSTGAL's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts, dedicated servers and colocation packages, the full contract amount less any setup fees and overages will be refunded if HOSTGAL / MYHOSTGAL is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done following the steps outlined at http://HOSTGAL / MYHOSTGAL.com. Cancellations via email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. You follow the cancellation steps outlined at http://HOSTGAL / MYHOSTGAL.com within the 30-day period. Cancellations are processed only from 9 a.m. - 6 p.m. CST on Monday-Friday. No cancellations are processed on holidays or weekends.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, HOSTGAL / MYHOSTGAL is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, HOSTGAL / MYHOSTGAL will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to HOSTGAL / MYHOSTGAL under this Agreement.
IP Address Overlap
HOSTGAL / MYHOSTGAL administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by HOSTGAL / MYHOSTGAL staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
Material and Product Requirements
You must ensure that all material and data placed on HOSTGAL / MYHOSTGAL's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by HOSTGAL / MYHOSTGAL. HOSTGAL / MYHOSTGAL will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", HOSTGAL / MYHOSTGAL may reject this material. HOSTGAL / MYHOSTGAL will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy HOSTGAL / MYHOSTGAL's requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. HOSTGAL / MYHOSTGAL does not provide this knowledge or customer support outside of the Services.
Intellectual Property Rights
Material accessible to you through HOSTGAL / MYHOSTGAL's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use HOSTGAL / MYHOSTGAL or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the HOSTGAL / MYHOSTGAL network. If you use a domain name in connection with HOSTGAL / MYHOSTGAL or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the HOSTGAL / MYHOSTGAL network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. HOSTGAL / MYHOSTGAL will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, HOSTGAL / MYHOSTGAL will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting HOSTGAL / MYHOSTGAL or any of its other customers.
Electronic Commerce
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to HOSTGAL / MYHOSTGAL a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by HOSTGAL / MYHOSTGAL under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
HOSTGAL / MYHOSTGAL shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by HOSTGAL / MYHOSTGAL and HOSTGAL / MYHOSTGAL reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Lawful Purpose
HOSTGAL / MYHOSTGAL reserves the right to refuse service to anyone. Customers may only use HOSTGAL / MYHOSTGAL server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of HOSTGAL / MYHOSTGAL management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Tarrant County, Texas. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Tarrant County Courts. IN NO EVENT SHALL HOSTGAL / MYHOSTGAL'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HOSTGAL / MYHOSTGAL HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST HOSTGAL / MYHOSTGAL, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS HOSTGAL / MYHOSTGAL AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH HOSTGAL / MYHOSTGAL'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM HOSTGAL / MYHOSTGAL'S SERVER.
Disclaimer
HOSTGAL / MYHOSTGAL WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. HOSTGAL / MYHOSTGAL MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. HOSTGAL / MYHOSTGAL DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY HOSTGAL / MYHOSTGAL AND ITS EMPLOYEES. HOSTGAL / MYHOSTGAL RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF HOSTGAL / MYHOSTGAL MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Service Level Agreements (SLA)
HOSTGAL / MYHOSTGAL provides Internet World Wide Web page hosting, Marketing, and Development. HOSTGAL / MYHOSTGAL endeavors to have the content of your Web site available and to meet certain guarantees posted at www.cihost.com. This Service Level Agreement ("SLA") outlines those agreements and guarantees. HOSTGAL / MYHOSTGAL retains sole discretionary power when determining if a guarantee has not been met.
99.9% Uptime Guarantee
(1.) Coverage
This 99.9% uptime guarantee applies to any HOSTGAL / MYHOSTGAL client in good financial
standing with HOSTGAL / MYHOSTGAL at the time of a service outage.
(2.) Service Level
Agreement & Specifications
HOSTGAL / MYHOSTGAL endeavors to have the content of your web site available for http access
by any party in the world 99.9% of the time. Network downtime (unavailability)
is defined as 100% packet loss from HOSTGAL / MYHOSTGAL to its backbone providers. Downtime
is measured past 10 minutes after notification of network failure via HOSTGAL / MYHOSTGAL's
online ticketing system. If the ticketing system itself is unreachable, the
ticket must be started by calling the HOSTGAL / MYHOSTGAL NOC. HOSTGAL / MYHOSTGAL's administrators
will determine the end of the downtime by a trace-route to the customer's machine
from outside the HOSTGAL / MYHOSTGAL network.
(3.) Credits
a. Shared Hosting - In the event that your web site is not available for more
than 99.9%, HOSTGAL / MYHOSTGAL will credit the following month's service fee as follows.
For any shared hosting client, such credit shall be retroactive and shall be
as calculated below and as measured 24 hours a day in a calendar month, with
the maximum credit not to exceed fifty (50) percent of the monthly service charge
for the affected month.
Monthly Uptime Credit
95% to 99.8% is
10%
90% to 94.9% is 20%
89.9% or below is 50%
b. Managed Dedicated
Servers - For managed dedicated server customers if the uptime is between 98.9%
and 99.9% for any particular month the credit shall be retroactive and equivalent
to the difference between the guaranteed level of availability of the customer's
services during the month and the calculated actual level of availability of
the customer's services, multiplied by the actual charges incurred by the customer
for the services during that month period. In addition, for managed dedicated
server, customers may be entitled to additional credits as calculated below
and as measured 24-hours a day in a calendar month, with the maximum credit
not to exceed twenty-five percent (25%) of the monthly service charge for the
affected month.
Minutes of continuous downtime
Credit for 60 minutes is 10%
Credit for 5+ 60 minute intervals is 25%
In order for you to receive a credit on your account, you must request such
credit within seven (7) days after you experienced the down time. You must request
credit by sending an electronic mail message to refunds@HOSTGAL / MYHOSTGAL.com. For security,
the body of this message must contain your account number, the dates and times
of the unavailability of your website, and such other customer identification
requested by HOSTGAL / MYHOSTGAL. Credits will usually be applied within sixty (60) days
of your credit request. Credit to your account shall be your sole and exclusive
remedy in the event of an outage.
(4.) Restrictions
Customer shall
not receive any credits under this SLA in connection with any
failure or deficiency of Web Site Availability caused by or associated with:
a. circumstances
beyond HOSTGAL / MYHOSTGAL's reasonable control, including,
without limitation, acts of any governmental body, war, insurrection,
sabotage, armed conflict, embargo, 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,
virus attacks or hackers, failure of third party software (including,
without limitation, ecommerce software, payment gateways, chat, statistics
or free scripts) or inability to obtain raw materials, supplies, or power
used in or equipment needed for provision of this SLA;
b. failure of access
circuits to the HOSTGAL / MYHOSTGAL Network, unless such
failure is caused solely by HOSTGAL / MYHOSTGAL;
c. scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of HOSTGAL / MYHOSTGAL;
e. issues with FTP. POP, IMAP, or SMTP customer access;
f. false SLA breaches
reported as a result of outages or errors of
any HOSTGAL / MYHOSTGAL measurement system;
g. customer's acts
or omissions (or acts or omissions of others
engaged or authorized by customer), including, without limitation, custom
scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence,
willful misconduct, or use of the Services in breach of HOSTGAL / MYHOSTGAL's Terms and
Conditions and Acceptable Use Policy;
h. e-mail or webmail delivery and transmission;
i. DNS (Domain Name Server) Propagation.
j. outages elsewhere
on the Internet that hinder access to your
account. HOSTGAL / MYHOSTGAL is not responsible for browser or DNS caching that may
make your site appear inaccessible when others can still access it. HOSTGAL / MYHOSTGAL
will guarantee only those areas considered under the control of HOSTGAL / MYHOSTGAL:
HOSTGAL / MYHOSTGAL server links to the Internet, HOSTGAL / MYHOSTGAL's routers, and HOSTGAL / MYHOSTGAL's
servers.
Latency Guarantee
HOSTGAL / MYHOSTGAL's goal is to keep Average Round-Trip Latency on the HOSTGAL / MYHOSTGAL Network to 85 milliseconds or less. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POPs on the HOSTGAL / MYHOSTGAL Network during such month, as measured by HOSTGAL / MYHOSTGAL. If Average Round-Trip Latency on the HOSTGAL / MYHOSTGAL Network for a calendar month exceeds 85 milliseconds, then upon Customer's request (in accordance with the procedure set forth below), HOSTGAL / MYHOSTGAL will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.
Packet Loss Guarantee
HOSTGAL / MYHOSTGAL's goal is to keep Average Packet Loss on the HOSTGAL / MYHOSTGAL Network to 1% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the HOSTGAL / MYHOSTGAL Network during such month that are not successfully delivered, as measured by HOSTGAL / MYHOSTGAL. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), HOSTGAL / MYHOSTGAL will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.
The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the HOSTGAL / MYHOSTGAL Network.
Access Fee Definitions
For dedicated/colocation/managed hosting Customers, the Access Fee consists solely of the base monthly fee paid by Customer for standard server packages, including the use of the server, the use of electricity to the extent provided to the Customer without additional charge, and up to the amount of data transfer allowed each month without additional charge. The Access Fee for purposes of the SLA credit excludes all other fees which might be charged to the Customer, including, without limitation, charges relating to managed services, incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under HOSTGAL / MYHOSTGAL's standard rates. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.
The Access Fee for all other Customers is the base monthly access fee paid by Customer for use of the applicable service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charge for such an item, and managed services. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.
Your privacy is important to us. We want you to feel comfortable using HOSTGAL / MYHOSTGAL services. Because we gather certain types of information about the users of HOSTGAL / MYHOSTGAL's services, we feel you should fully understand what information we gather and how we use that information. HOSTGAL / MYHOSTGAL employees are required to familiarize themselves with this privacy policy as a condition of their employment, and any employee violating the policy is subject to disciplinary action.
What Information Does HOSTGAL / MYHOSTGAL Gather?
When you register for a HOSTGAL / MYHOSTGAL account, HOSTGAL / MYHOSTGAL obtains contact information, such as your name, address, and phone number, as well as payment information, such as your credit card number. When you use HOSTGAL / MYHOSTGAL's service, our systems record information about your session, such as the dates and times of use, and the specific Internet address assigned to you. HOSTGAL / MYHOSTGAL also tracks requests you make for information on HOSTGAL / MYHOSTGAL's products and services, and responses you provide to HOSTGAL / MYHOSTGAL surveys. Finally, HOSTGAL / MYHOSTGAL keeps records of your payment history and communications you have with HOSTGAL / MYHOSTGAL's support team. Except in extraordinary circumstances (when we receive a court order, to protect the company's rights or property, or in emergencies where someone's safety is at risk), HOSTGAL / MYHOSTGAL does not keep track of what sites you visit when you are using the service.
What Does HOSTGAL / MYHOSTGAL Do With This Information?
HOSTGAL / MYHOSTGAL uses the information it gathers in order to provide you with the best online experience possible. As you might expect, contact information is used to contact you concerning your account and our company. Payment information is used to validate your identity and to bill you for the services and products you order. Information on your online sessions is used to allocate system resources and to ensure compliance with HOSTGAL / MYHOSTGAL's Service Level Agreements (SLAs). Information on your communications with HOSTGAL / MYHOSTGAL's support team is used to address the issues raised by your communications. In addition, HOSTGAL / MYHOSTGAL regularly sends out mailings regarding the operation of its service and other goods and services that it believes may be of interest to you. You may request that HOSTGAL / MYHOSTGAL not send you mailings relating to other goods and services at the URLs listed in this section or send an e-mail to privacy@HOSTGAL.com. HOSTGAL / MYHOSTGAL reserves the right, however, to send bulletins and other important information regarding the service at its discretion.
Does HOSTGAL / MYHOSTGAL Share Subscriber Information With Third Parties?
HOSTGAL / MYHOSTGAL will not share or disclose information regarding its subscribers except (i) when we receive legal process such as a court order; (ii) when reasonably necessary to protect the company's rights or property; or (iii) in emergencies where someone's safety is at risk.
You should be aware, however, that any information that you disclose in a public space such as a chat room, bulletin board, or personal Web site, HOSTGAL / MYHOSTGAL's DNR domain registration is freely available to anyone else visiting that space. HOSTGAL / MYHOSTGAL cannot safeguard any personally identifiable information you disclose in these locations, nor can it ensure that information you voluntarily supply to third parties remains private. Please review the privacy policies of third party sites you frequent to ensure that your privacy preferences are respected.
How Can I Correct or Update the Information?
To request a copy of the contact HOSTGAL / MYHOSTGAL has on your account, send an e-mail request to privacy@hostgal.com. You may correct that information as appropriate by returning a message to the same address. Please keep in mind that under HOSTGAL / MYHOSTGAL's Service Level Agreements (SLAs), subscribers are required to provide HOSTGAL / MYHOSTGAL with current contact and billing information. HOSTGAL / MYHOSTGAL may require a copy of a government issued form of identification before disclosing billing information or before making changes to the billing or contact information on an account.
What Happens to
the Information if I Leave HOSTGAL / MYHOSTGAL?
If you ever leave HOSTGAL / MYHOSTGAL, HOSTGAL / MYHOSTGAL will normally delete your personally identifiable
account information twelve months after the account is cancelled, unless we
are under a legal obligation to retain it. We preserve account information for
this short period of time in the event you wish to reactivate your account and
retain your previous e-mail address. However, in the event of any accounting
irregularities, HOSTGAL / MYHOSTGAL reserves the right to retain your contact and billing
information as necessary to resolve the matter.
Changes to This Policy and Questions About Privacy
HOSTGAL / MYHOSTGAL reserves the right to make changes to this policy. Those changes will become effective 30 days after notice of them is posted here. If you have any questions about this privacy policy, please send them via e-mail to privacy@hostgal.com.