Acceptable Use Policy (AUP) and Service Level Agreement (SLA)

Quick Jump: Acceptable Use - Service Level Agreement

H4Y Technologies LLC™ (formerly Host for Yourself LLC™) ACCEPTABLE USE POLICY, TERMS AND CONDITIONS, AND SERVICE LEVEL AGREEMENT - Dec. 18, 2014

A. OVERVIEW

H4Y Technologies LLC™ (Host4Yourself.com™ and H4Y-Platinum.com™) provides the following services: internet website hosting, internet e-mail, electronic commerce (e-commerce) services, and domain name registration. Such services may be used for lawful purposes only. Storage space is intended only for the storage of a Customer's website or related material. Customers may not transfer or store material on Host for Yourself's; servers that is not directly or indirectly related to such a website. Third-party chat scripts or list serve software is not allowed (but Host4Yourself™ provides such software for Customer use).

Customers should read this User Agreement carefully and should check periodically for changes (the most current version may be viewed-and bookmarked for easy access-- at www.Host4Yourself.com/policy.php). Host for Yourself reserves the right to amend this Agreement and Terms of Service at any time, effective upon posting. By submitting an order and/or using any offered services, Customers are agreeing to be bound by these Terms and Conditions and any posted amendment.

All services are provided "as is" and at the Customer's own risk. Host for Yourself™ is not responsible for any damages arising directly or indirectly from the Customer's use of any service(s) provided by Host for Yourself or from the Customer's inability to use any service(s) for any reason. Host for Yourself will do what it can to assist Customers in making effective use of its services and to provide effective technical support. However, Customers are solely responsible for developing, operating and maintaining their web sites, online store(s), and/or e-commerce activities. In no case shall H4Y Technologies LLC be liable for any damages, losses, costs, causes of action, or claims in excess of the actual dollar amount paid by the Customer for the services provided.

This document (and any posted amendments) represents the Host for Yourself Acceptable Use Policy in its entirety and it supersedes any other written or oral policy or representation.


B. PROHIBITED ACTIVITIES

Customers agree that they may not use Host for Yourself servers or services for any of the following:

* Unauthorized use of copyright- or trademark-protected software or other intellectual property.

* To transfer or store illegal MP3 files, movies, and/or pirated software.

* To provide instructions, links, or references to illegal material or activities-intended or reasonably expected to promote or facilitate resort to such material or activities.

* To transfer or store obscene, pornographic, or similar adult material (adult material is allowed on certain services as described on our website or when given written permission by staff).

* To violate any U.S., State, local, or international law, or any accepted norms of the internet community.

* To utilize Host4Yourself.com's™ servers or services in such a way as to intentionally or knowingly damage Host4Yourself.com's™ commercial reputation and goodwill.

* To sell or promote the sale and/or distribution of drugs (except by a licensed physician or pharmacist as authorized by law), contraband, or other illegal material.

* For internet abuse, including (but not limited to) spamming, posting inflammatory or obscene messages, threatening, harassment, or defamation of other internet users, or to incite others to engage in illegal or harmful activities.

* For systems abuse, including (but not limited to) using excessive CPU resources or disk space, hacking (attempting to gain access to other Customers' accounts or to root accounts), installing continuously running programs, and reselling Host for Yourself's custom scripts.

* To attempt to undermine or cause harm to a server or Customer of Host for Yourself, including deliberate attempts to interfere with a service, overload a service, or attempt to disable a host.

* To use or attempt to use an internet account, server, computer, or network without the owner's authorization-including internet "scamming" (tricking people into releasing their passwords), password robbery, security hole scanning, etc.

* For any unauthorized use of or tampering with accounts or computers belonging to Host for Yourself or a Host for Yourself Customer, or any other accounts not provided or intended for use by the Customer.

* For circumventing security provisions in order to gain access to services without incurring charges.

* To use any CGI scripts that affect normal server operation.

* To operate IRC or IRC bots.

* To use excessive amounts of CPU processing on any of Host4Yourself.com's™ servers.

* Bandwidth and/or disk usage that exceeds the number of megabytes per month for the services ordered by the Customer on the Order Form. (Host for Yourself shall have the right to take corrective action if the Customer's bandwidth or disk usage exceeds the usage agreed to. Such corrective action, which may be taken in Host4Yourself.com's™ sole discretion, may include the assessment of additional charges, suspension, cancellation, or disconnection of any and all services, or termination of this Agreement. Customers shall not be entitled to a refund of any fees paid in advance prior to such action.)

* Sending commercial e-mail to a recipient if the recipient has requested that the Customer discontinue such communication.

* Forging e-mail header information in any way.


C. BILLING TERMS AND CUSTOMER RESPONSIBILITIES

* Customer agrees to pay all fees and other charges incurred on their account, in accordance with the Host for Yourself Price Lists and Sign Up Sheet/Order Forms. All services are provided on a pre-payment basis.

* Customer agrees to these rates and terms as they may from time to time be amended-by posting to the Host for Yourself website, by e-mail notification, or by regular mail. By agreeing to these terms, Customer authorizes Host for Yourself to charge any amounts payable by you in connection with your use of the service automatically to the credit card you provided in the registration process (or to another credit card number provided thereafter), subject to the terms and conditions of the agreement with Customer's credit card issuer. Customer's right to use the service is subject to any limits established by the credit card issuer.

* Accounts will be deemed to continue to the next increment of service, unless Customer provides timely advance notification to cancel or discontinue service at the end of the agreed-upon service period. Yearly packages, if not cancelled by the end of 12 months, will be deemed to continue for the following 12-month period. Monthly packages, if not cancelled by the end of the month, will be deemed to continue for the following month. The credit card number provided will be charged accordingly.

* All prices are in U.S. dollars. Host for Yourself reserves the right to charge the Customer the U.S. dollar equivalent in any currency.

* Host for Yourself reserves the right, at its sole discretion, to deactivate a Customer's account(s) upon an indication of a credit problem, including delinquent payments, or for violation of any terms of this Agreement (at the discretion of Host for Yourself).

* If Host for Yourself is not notified by the Customer prior to the expiration date of the credit card provided to it for the purpose of payment, Host for Yourself will automatically update the expiration date to the next year. (Many customers simply neglect to update their expiration date, which may lead to automatic cancellation of their account. To save time and possible service interruption, Host for Yourself has adopted this practice as a standard procedure.)

* It is the sole responsibility of Customers to back up their content and any files that reside on Host4Yourself.com's™ managed or owned servers. Host for Yourself is not responsible in any way for the content hosted by a customer on its servers or for the reliability of the transmission of data across or through the Host for Yourself network.

* The Customer is responsible for programming and for uploading the Web site to the Host for Yourself web servers. Host for Yourself does not provide free Web site development, consulting, programming, or debugging services.

* Because of the public nature of the internet, all information should be considered to be generally accessible to the public. Important or private information should be treated carefully. Host for Yourself is not liable for the protection or privacy of electronic mail or other information transferred through the internet or any other network Host for Yourself or its customers may utilize.

* If Host for Yourself cancels Customer's account for any reason, Customer agrees not to re-register without Host4Yourself.com's™ written consent. In the event Customer re-registers without such consent, Host for Yourself will cancel Customer's account and all fees paid will be forfeited regardless of whether service has been rendered. Any amounts owned in arrears will come due and payable immediately.

* Host for Yourself requires that Customer be qualified to enter into a legal contract. Host for Yourself cannot accept payments from persons who are not at least eighteen (18) years of age. All billing data provided to Host for Yourself must be accurate and up to date. False or inaccurate data supplied by the Customer will be grounds for account termination.

* Host for Yourself shall have no direct or indirect liability to third parties for Customer's infringing of copyrighted materials, or for any other reason. Customer shall reimburse Host for Yourself for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated with therewith.

* Host for Yourself has a strong policy to respect and protect the privacy of its customers and their information that is stored on Host4Yourself.com's™ hosting services. Host for Yourself will only access and disclose information as necessary to comply with applicable laws and governmental requests, to provide Host for Yourself services, to operate or maintain its systems, or to protect itself or its customers.

* Host for Yourself bills bandwidth on an IN+OUT (INCOMING and OUTGOING) basis, including overhead, and discards the top 5% of metered usage (95% usage). For example, 1000GB monthly bandwidth is equivelent to 500GB IN and 500GB OUT. If customer exceeds 50% of the total bandwidth IN or OUT, Customer is subject to overages. It is Customer's responsibility to monitor their own bandwidth. Overages are charged at $1 per GB per month unless stated otherwise.


D. OUR LAWYERS MADE US ADD THIS

Customer agrees that it will defend, indemnify and hold Host for Yourself harmless from and against: (1) any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host for Yourself, its agents, its customers, its officers, and its employees that may arise or result from any service provided or performed (or agreed to be provided or performed), or any product sold by Customer, its agents, employees or assigns; and (2) liabilities arising out of (a) any injury to person or property caused by any products sold or otherwise distributed in connection with Host4Yourself.com's™ server; (b) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement; and (d) any defective products sold to Customer from Host4Yourself.com's™ server.

In other words, if someone sues us because of something you did or failed to do, we are not responsible and you have to defend us against such third-party claims.


E. REPORTING ABUSE OF THIS POLICY

Any Customer or non-Customer seeking to report any violations of this policy may send an e-mail to: [email protected]

Host4Yourself.com™ and H4Y-Platinum.com™ are trademarks and brands owned by H4Y Technologies LLC™.



SERVICE LEVEL AGREEMENT

100% Uptime Guarantee

(1.) Coverage
This 100% uptime guarantee applies to any Host for Yourself client in good financial standing with Host for Yourself at the time of a service outage.

(2.) Service Level Agreement & Specifications
Host for Yourself endeavors to have the content of your web site available for http access by any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from Host for Yourself to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Host for Yourself's regular contact methods (phone, support ticket, or email). If the ticketing system or email itself is unreachable, the ticket must be started by calling Host for Yourself. Host for Yourself's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the Host for Yourself network.

(3.) Credits
a. Shared Hosting (including reseller accounts) - In the event that your web site is not available 100% of your billing term, Host for Yourself 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 or as determined by a Host for Yourself representative.

Monthly Uptime Credit
95% to 99.9% 10%
90% to 94.9% 20%
89.9% or below 50%

b. Dedicated Servers - For 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 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
60: 10%
5+ 60 minute intervals: 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 [email protected] 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 Host for Yourself. 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 Host for Yourself'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 Host for Yourself Network, unless such failure is caused solely by Host for Yourself;

c. scheduled maintenance and emergency maintenance and upgrades;

d. DNS issues outside the direct control of Host for Yourself;

e. issues with FTP. POP, IMAP, or SMTP customer access;

f. false SLA breaches reported as a result of outages or errors of any Host for Yourself 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 Host for Yourself'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. Host for Yourself is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Host for Yourself will guarantee only those areas considered under the control of Host for Yourself: Host for Yourself server links to the Internet, Host for Yourself's and its providers' routers, and Host for Yourself's owned or rented servers.

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