Terms of Service and Service Level Agreement
Our Service Level Agreement (SLA):
We are here to provide you with the best service possible. We know that this industry is full of companies that cannot support the products and services they sell. Unfortunately it now takes very little to start a web hosting "company". Unlike the rest, our staff has years of experience, and most importantly, we have physical access to our equipment 24/7. We pride ourselves in our SLA, our service commitment to you.
If You are are not satisfied with the products, services, or support we provide to you within 30 days or your purchase, we will issue you a complete refund.
POWERFULLSERVER Managed Service:
We offer managed hosting solutions that allow our customers to operate worry free. We guarantee to keep the following web services online in your hosting server when using Cpanel or Plesk:
WWW/httpd
SMTP Email
POP3 Email
MySQL
Plesk/cPanel ®/other Control Panel interface
DNS
SSH
Should a problem arise in one of these areas we will work tirelessly at no cost to you to resolve the problem and get you back online. We will also do our best to help you migrate your existing website to our server and help you set up new hosting applications. Common requests are perl modules, Zend Optimizer, PHP applications, database extensions. We cover software in all of these areas and more! You can always contact our support team and we will advise you on the best way to move dynamic/complex websites.
Terms of Service (TOS) Overview:
First and foremost, if you plan on using your Hosting, Server in a non abusive and non spamming fashion, you will have absolutely no problem with our policies. We are in the business of keeping our customers happy; without them, we would not be in business . All of the rules and policies addressed here are to protect us from abusive customers. This in turn, protects you as customers sharing resources. Everything here is common sense, and we are not in a position to hide ANYTHING about our policies. Should you have any questions, please feel free to give us a call. We are honest people, if you run out of disk space and you call us, we will increase it to allow you to work with your hosting server. If you need 60 more megabytes of memory to stop your server from crashing, we are going in give it to you. We want to keep you happy and satisfied with our company. It is our goal to maintain you as a customer for years to come, if you quit your first month, rest assured we lost money. Due to this reason, we will do everything in our power to keep you completely satisfied.
We guarantee our network will be up 99.9% in a given month not counting well planned and announced service upgrades. POWERFULLSERVER Inc. will refund the customer 5% of the monthly fee per 30 minutes of downtime, up to 100% of the customer's monthly fee. Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and is measured from the time the trouble ticket is opened. POWERFULLSERVER Inc. guarantees the functioning of all hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within one hour of problem identification. In the event that it takes us more than one hour to replace faulty hardware, we will refund the customer 5% of the monthly fee per additional hour of downtime (up to 100% of customer's monthly fee for the affected server). Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems and applications.
What We Expect From You:
We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our customers are protecting the rights and privileges of all Internet users.
VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF ALL ACCOUNTS. WITHOUT REFUND AND WAIVES ANY MONEY BACK GUARANTEE.
Service Usage:
Usage of our services requires agreement with the following policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
About us and our goals:
The POWERFULLSERVER Usage Policy has been developed with the following objectives:
· Ensure security, reliability and privacy of POWERFULLSERVER's systems and network, and the networks and systems of others
· Preserve the privacy and security of individual users
· Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services
· Maintain the image and reputation of POWERFULLSERVER as a responsible provider
· Avoid situations that may cause POWERFULLSERVER to incur civil liability
General Conduct:
1. Customers may not engage in tortious conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, illegal pornography, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
2. Customers are prohibited from transmitting on or through any of POWERFULLSERVER's services, any material that is, in POWERFULLSERVER's sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
3. POWERFULLSERVER's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state or local regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute, law or regulation. POWERFULLSERVER reserves the right to remove such illegal material from its servers. Users/accounts cannot "represent (in the sole judgment of POWERFULLSERVER) an unusually large burden on the network. "POWERFULLSERVER also reserves the right to discontinue services to servers which compromise the network integrity.
4. POWERFULLSERVER will not be held liable beyond one month’s cost in service for any service outages.
5. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
6. POWERFULLSERVER reserves the right to discontinue service to any customer without any advance notice.
7. POWERFULLSERVER reserves the right to discontinue (with no refund) any account/server that hosts any illegal or copyrighted material without any notice.
8. Standard and special service prices subject to change after their monthly or annually rate has been fulfilled.
System and Network Usage Email:
1. Harassment, whether through language, frequency, or size of messages, is prohibited.
2. Customers may not send any email that has not been solicited. If a recipient asks to stop receiving email, the customer must not send that person any further email.
3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of unsolicited commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
5. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
6. Forging of header or any other information is not permitted.
7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
8. POWERFULLSERVER accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
9. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet).
10.Customers may not send Usenet spams (i.e. publicizing their site in a large number of newsgroups that are irrelevant to the topic of the site).
11.Customers may not operate an Open-relay mail server.
NOTE: POWERFULLSERVER, Inc. operates under a strict one-warning policy regarding unsolicited e-mail, unless the violation is of such nature that the account, in our sole discretion requires immediate termination, in which event service will be immediately terminated.
Security:
1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). 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, or probing the security of other networks.
2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, overload of a service, and any activity resulting in the "crash" of a host.
3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
4. Customers must safeguard their account passwords to prevent unauthorized access to their account. Customer is liable for all resource fees incurred under customer's account. If customer grants public write permissions to customer's account, customer is liable for fees for disk space consumed by any others writing to the account.
5. Users who violate systems or network security may incur criminal or civil liability. POWERFULLSERVER 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.
Bandwidth Usage:
1. If the customer wishes to change their bandwidth allocation, they must notify POWERFULLSERVER before the next billing cycle.
2. POWERFULLSERVER will charge $3.00 per GB for every GB used above the allocated amount in the pre-purchased package.
Bandwidth Abuse:
1.Customer may not participate in P2P networks such as bittorrent, kazaa, streaming video, public proxy services, napster, IRC, gnutella, edonkey, instant message proxying, http/https proxy, or any other public proxy protocol. Attempts to circumvent these rules through a proxy, non-conventional ports, encryption or otherwise any other method will result in account termination without refund. These rules are to protect our network and also the quality of service we can deliver to clients. Companies which allow "anything" on their network will surely have constant downtime, the choice is yours.
Privacy:
1. POWERFULLSERVER will not sell or knowingly disclose its customer lists or customer email or listserv address lists. We will attempt to protect the privacy of our customers and their information that is stored on our network. POWERFULLSERVER will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our customers.
2. POWERFULLSERVER will not monitor or disclose a customer's private email messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if it suspects that a customer is engaged in illegal activities.
Material and Product Requirements
1. Customers must ensure that all material and data placed on POWERFULLSERVER's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on POWERFULLSERVER's part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material. POWERFULLSERVER will notify the customer immediately of its refusal of the material and afford the customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of POWERFULLSERVER.
2. Use of POWERFULLSERVER's service 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 the customer's Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of POWERFULLSERVER to provide this knowledge or customer support outside of the service defined in the Service Agreement.
Delinquent Accounts:
1. POWERFULLSERVER reserves the right to take an account/server offline as soon as it is past due. Please email billing@powerfullserver.com if you are uncertain as to what your billing cycle is.
2. Once a Server is delinquent and taken offline, there will be a $15 reactivation charge to put the server back online unless the server has been reinstalled.
3. Once a server is offline for more than 7 days, POWERFULLSERVER reserves the right to reuse the server for another customer. If, at this point, the customer wishes to be re-setup, they will be responsible for paying a $50 reactivation fee and will not have any of their old data backed up.
Customer Contact Responsibility:
It is the customers responsibility to keep their contact information up to date. And use a contact email address that is not associated on their domain name that is hosted with us, or email accounts hosted on their web server. It is always suggested that clients have emergency accounts with a yahoo or hotmail system. This will also ensure that when you submit a support ticket that you will be able to get a reply.
Customer Responsible for Backups:
The customer is responsible for maintaining a backup copy of customer's files elsewhere to ensure recovery in the event of loss or damage to customer's files. At customer request POWERFULLSERVER may make periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Should the file loss be due to some error on the part of POWERFULLSERVER, POWERFULLSERVER will attempt to recover the files from their most recent archives at no cost to the customer. Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer's negligence of securing their account, POWERFULLSERVER will attempt to recover the files from their most recent archives. Although we do create excellent backups of your data, please do not completely rely on us. There are unlikely situations where we could not be able to reproduce a backup after multiple system failures. IT DOES NOT MAKE SENSE TO STORE ALL OF YOUR DATA ON OUR SERVERS. Please store a copy of your critical data on a computer you are local to.
TOS Conclusion:
If you are unsure whether any contemplated use or activity is prohibited, please send e-mail to billing@powerfullserver.com and we will assist you. Please note that the actions listed are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by POWERFULLSERVER, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement. POWERFULLSERVER must further limit any exceptions made to the Usage Policy as secondary in regards to server and network security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network. If you feel that one of our clients has violated this policy, please report the infraction (with as much detail as possible -- if forwarding an email please include full headers) to abuse@powerfullserver.com
Notes:
* We do NOT allow IRC activity of any kind on our network. This is to protect the rest of our network and clients. Torrent or "Bit Torrent" activity of any type or kind is strictly prohibited. Public internet proxy applications/servers are not permitted. Private, password protected http proxies for company/personal use are permitted.
* These Terms of Service have been updated as of: June 1, 2007
* We reserve the right to modify these terms at any time, for any reason without prior notice with immediate effect.
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