Service Level Agreement

Nethosting’s Mission

NetHosting’s goal is to provide the highest quality service to its customers 100% of the time. As part of this commitment, we understand that the customer’s experience in working with us is equally important. NetHosting not only strives to fulfill its 100% Satisfaction Guarantee but also strives to make 100% of its customers completely satisfied.

Nethosting’s Responsibilities

NetHosting will be responsible for the following in support of its Mission:

• Network Infrastructure Management. NetHosting will proactively manage, upgrade, maintain, and support its network infrastructure elements: routers, switches, servers, and connectivity.
• Facility Infrastructure Management. NetHosting will manage, upgrade, maintain, and support its facility infrastructure elements: power, cooling, and security.
• Monitoring. NetHosting will monitor the network and facility infrastructure to prevent unscheduled maintenance and over-subscription according to NetHosting’s specifications.
• Hosting Servers, Firewalls, Load-balancers and Devices. NetHosting will maintain and support all hardware associated with providing services to customers. Every device will be monitored and immediately restored to working order in the unlikely event of a failure.

Customer Responsibilities

• OS, Application, and Content Management. Customer will manage, upgrade, maintain, and support his or her operating systems, applications, and content unless NetHosting has agreed to manage specific equipment under a management contract, support contract, or special paid service request.
• Security. Customer will manage, upgrade, maintain, and support his or her data and hardware security unless NetHosting has agreed to manage specific equipment under a management contract, support contract, or special paid service request.
• Back-up. Customer will manage, upgrade, maintain, and support his or her backup systems or devices unless NetHosting has agreed to manage specific equipment under a management contract, support contract, or special paid service request. Any hardware failure may result in data loss. Though the hardware will be immediately restored or repaired, data loss may occur. All customers are encouraged to keep thorough and regular backups.
• Due to the nature of shared hosting, we can only allow our shared hosting customers to store up to 5 GB of Backups per hosting account.

Nethosting’s Support Response Guarantee

NetHosting will commence investigation or resolution of problems under NetHosting’s Responsibilities within 15 minutes of notification either by electronic monitoring or by customer notification.

Nethosting’s Network Availability Guarantee

NetHosting’s Network Availability Guarantee ensures 100% network availability. Availability shall be measured over a calendar month.

Nethosting’s Network Packet-Loss Guarantee

NetHosting’s Network Packet-Loss Guarantee ensures an average of no more than 1.0% packet-loss across the NetHosting Network. The packet-loss average shall be measured over a calendar month.

Nethosting’s Network Latency Guarantee

NetHosting’s Network Latency Guarantee ensures an average of fewer than 85.0 milliseconds of latency across the NetHosting network. Latency average shall be measured over a calendar month.

Service Credits and Conditions

Eligibility: If NetHosting fails to meet the NetHosting’s Support Response Guarantee, NetHosting Network Availability Guarantee, NetHosting’s Network Packet Loss Guarantee, or NetHosting Network Latency Guarantee as set forth in this Service Level Agreement (as determined by NetHosting’s monitoring systems and specifications) and Customer provides NetHosting with a written request within five (5) business days of the last day of the month in which such failure occurred, NetHosting will provide a service credit to Customer’s account according to the following schedule: One thirtieth (1/30th) of Customers Monthly Service Charges specified in this agreement for the affected service for each cumulative sixty (60) minute period of unavailability or failure during the applicable month, up to a maximum of the total Monthly Service Charges paid by Customer to NetHosting during the applicable month for the affected Service. The Customer understands that the maximum credit allowed under this agreement is the monthly service charges specified in this agreement and that any non-monthly services fees, including but not limited to, set up or installation fees, equipment fees, support or management fees, pass-through fees, taxes, or any one-time fees will not be credited under this agreement.

Exclusions and Limitations

For each service level commitment set forth in this Service Level Agreement, service credits will not be available to Customer in cases where:

1. The Services are unavailable as a result of
   1. the acts or omissions of Customer or its employees, contractors, agents or end users;
   2. the failure or malfunction of equipment, network, applications or systems not owned or directly controlled by NetHosting;
   3. circumstances or causes beyond the control of NetHosting, including, without limitation, DNS issues outside the direct control of NetHosting, events of force majeure and third-party attacks on the NetHosting Network (including but not limited to: law enforcement requests, ping, and denial of service attacks);
   4. scheduled maintenance with prior notice given via email to all customers;
   5. urgent maintenance with notice provided as soon as is commercially practicable under the circumstances.
2. The customer is not in compliance with its applicable NetHosting Service Agreement (including NetHosting’s then-current Acceptable Use Policy, Billing and Cancellation Policy, and Rules for Use of the Colocation Facility, as applicable). Such credits will be granted only if Customer provides NetHosting with all requested information in an expeditious manner.
3. Customer Service Agreement specifying the applicable monthly service charges has expired or is under a month to month terms.

Acceptable Use Policy

NetHosting has developed an Acceptable Use Policy with the following goals in mind:

• To promote network reliability and superior performance
• To avoid situations that may cause NetHosting to incur civil liability
• To ensure the continued positive expansion of NetHosting’s reputation
• To promote appropriate uses of network and Internet resources
• To preserve the privacy and security of individual users

The Acceptable Use Policy below defines the actions which NetHosting considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive and are provided solely for guidance to NetHosting customers. If you are unsure whether any contemplated use or action is permitted, please send an email to support@nethosting.com and we will advise you.

Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted or connected by NetHosting, or connected via the NetHosting network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

General Conduct

1. Customers are prohibited from transmitting on or through any of NetHosting services, any material that is in NetHosting sole discretion, unlawful, obscene, threatening, abusive, libelous, hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
2. NetHosting services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of the United States or state regulation or common law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. NetHosting reserves the right to remove such illegal material from its servers.
3. The Customer is responsible for keeping his billing data with NetHosting current and accurate. Furnishing false data on the sign-up form, contract, or online application, including Financial Chargebacks and fraudulent use of credit card numbers are grounds for immediate termination and may subject the offender to civil or criminal liability.
4. The resale of NetHosting products and services is not permitted unless specifically permitted and documented in a written agreement.
5. Due to the nature of shared hosting, files stored on the shared hosting servers must be part of the live website. When Nethosting sees excessive or extraneous files, outside the scope of the live website, you may be asked to remove them.

System and Network 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 (such as running a SATAN scan or similar tool).
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, deliberate attempts to overload a service, and attempts to “crash” 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. Users who violate systems or network security may incur criminal or civil liability. NetHosting 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.

Email

1. Harassment, whether through language, frequency, or message size, is prohibited.
2. Customers may not send email to any person who does not wish to receive it. 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 commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
4. Malicious email, including, but not limited to “mailbombing” (flooding a user or site with very large or numerous pieces of email), is prohibited.
5. Forging of header information is not permitted.
6. NetHosting accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
7. 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). USENET postings have their own regulations; see below.
8. Due to the nature of shared hosting, we can only allow our shared hosting customers to store up to 4 GB of email per hosting account.

IRC (Internet Relay Chat)

1. NetHosting is not liable for the content of any communications made on IRC.
2. IRC robots (“bots” or “clones”) may not be run from NetHosting shell accounts.
3. Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
4. Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to “flooding” (rapidly entering text with the intent to fill the screens of others), “flashing” (disrupting terminal emulation), “takeovers” (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via “ignore”), attempting to return to a channel after being banned from it, and other disruptive behaviors.

Your Consent

By using NetHosting’s services, you consent to our Acceptable Use Policy and agree to the terms and guidelines detailed above. If any changes are made to our Acceptable Use Policy, we will post those changes on this page so you are always aware of all policy requirements.

Report Abuse

Reports of activity in violation of this policy may be sent to abuse@nethosting.com. If you have a question specific to our AUP, email support@nethosting.com.

Cancellations

Unless otherwise stated in your agreement, you may cancel your services with NetHosting at any time, provided that written notice is received by our billing department. A cancellation request must be received at least 30 days before the requested cancellation date.

When making a cancellation request, please remember:

• Notice of cancellation must be received via email at billing@nethosting.com, fax, U.S. mail, or hand-delivered note. Cancellations may not be requested over the phone.
• Written notice must contain your user ID.

Summary

NetHosting will process cancellations only after written notice is received by our billing department via email, fax, U.S. mail, or hand-delivered note and must contain user ID. Cancellations may not be requested over the phone. A notice must be received at least 30 days before the requested cancellation date unless prior arrangements are made with your account representative or billing personnel.

Note: Hosting plans canceled within 30 days of purchase will receive a full refund per our 30-day Money Back Guarantee.

Your Consent

By using NetHosting’s services, you consent to our Cancellations Policy and agree to the terms detailed above. If any changes are made to our Cancellations Policy, we will post those changes on this page so you are always aware of all cancellation requirements.

Refunds

NetHosting issues refunds for services you have paid for but have not been rendered under the terms of your contract. If you’ve paid for services you’ve never received, you’re eligible for a refund if:

• the appropriate notice of cancellation is given;
• services fees are not more than a period of six months in arrears, or
• no term remains unfulfilled in the contract

Notice of a request for a refund must be sent via email to billing@nethosting.com, fax, U.S. mail, or hand-delivered note. The notice must contain the customer’s user ID. Refunds may not be requested over the phone.

Summary

You may be eligible for a refund only if you’ve paid for services not rendered under the terms of your contract, if proper notice of cancellation is given, and if no term remains unfulfilled on the contract. NetHosting will not refund service fees more than a period of six months in arrears under any circumstances. Notice must contain customer ID and must be delivered via email, fax, mail, or in-person.

Note: Hosting plans canceled within 30 days of purchase will receive a full refund per our 30-day Money Back Guarantee.

Your Consent

By using NetHosting’s services, you consent to our Refunds Policy and agree to the terms detailed above. If any changes are made to our Refunds Policy, we will post those changes on this page so you are always aware of all refund requirements.

30-Day Money Back Guarantee

Generally, Nethosting services are month to month. If you’re not happy with your hosting plan for any reason, cancel within the first 30 days of your purchase and get a full refund. We want you to have the perfect-fit solution for your needs and we don’t think you should be penalized for getting paired with the wrong fit on your first try.

Provide us written notice within the first 30 days of the purchase date to receive your full refund. When making a cancellation request, please remember:

• Notice of cancellation must be received via email at billing@nethosting.com, fax, U.S. mail, or hand-delivered note. Cancellations may not be requested over the phone.
• Written notice must contain your user ID.
• Some Contracts may have a 6-month or longer Term.  If your contract does have a Term, you may not have the same options to cancel or receive a refund.  Please see your Contract for further details.

Summary

NetHosting will process cancellations only after written notice is received by our billing department via email, fax, U.S. mail, or hand-delivered note and must contain user ID. Cancellations may not be requested over the phone. A notice must be received within 30 days of purchase date to be eligible for the 30-day Money Back Guarantee.

Note: Add-on services, such as domains, are not included under this guarantee.

Your Consent
By using NetHosting’s services, you consent to our Cancellations Policy and agree to the terms detailed above. If any changes are made to our Cancellations Policy, we will post those changes on this page so you are always aware of all cancellation requirements.

Copyright Claims Policy

NetHosting expects its users to respect the intellectual property of others and will take the following actions to ensure that no copyrighted materials are found on our network and systems. If you have any instances of copyright infringement to report, please follow the procedures outlined below.

How to Make Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, United States Code, Section 512(c)(2), any and all copyright infringement claims on the NetHosting.com (“NetHosting”) system or website should be sent ONLY to our designated agent.

IMPORTANT: The following information is provided solely for providing notice to NetHosting that your copyrighted material might have been infringed.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Claims should be submitted in writing to the following designated agent:

NetHosting
ATTN: Legal Department
1155 S 800 E
Orem, UT 84097

Fax: 801-223-9937

Email: abuse@nethosting.com

IMPORTANT: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX. DUE TO THE FACT THAT TECHNOLOGIES MAY SOMETIMES FAIL, EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Notification of Claimed Infringement must include ALL of the following:

1. Contact information (address, phone number, email address) and physical or electronic signature of the complaining party (individual authorized to act on behalf of the copyright owner).
2. Identification and Internet location of all alleged infringing materials [URL linking to the relevant page(s) with list or description of infringing items on the page(s)]. Information should be reasonably sufficient for an online service provider to locate the materials and the offending party (“Subscriber”) in question.
3. “Good faith” statement from the copyright owner that states the belief that there is no legal basis for the use of the infringing material by the Subscriber (i.e. use of materials is not authorized by the copyright owner, its agent, or the law.)
4. Statement from the complaining party that the information contained in the notice is accurate, under penalty of perjury, and that the complaining party is indeed authorized to act on behalf of the copyright owner.

NetHosting treats claims of copyright infringement seriously and will act to remove or disable access to infringing materials in a prompt and efficient manner, even to the point of terminating the Subscriber’s Internet access if selective action is not deemed to be possible.

NetHosting will also provide a written notice to the Subscriber informing him or her that this action has been taken, giving them the opportunity to contest it.

Counter-Notice and Put-Back Procedures

Upon receipt of notice that the infringing material has been removed or access to it disabled, the Subscriber has the opportunity to provide a Counter Notification to contest the removal of or impeding of access to the material in question.

• The notification must be in writing and delivered to service provider’s designated agent.
• It must include the following:
  1. The Subscriber’s physical or electronic signature as well as his or her name, address, and phone number.
  2. Identification and former Internet location of the material that was removed or disabled [URL linking to the relevant page(s) with a list or description of the material].
  3. “Good faith” statement from Subscriber that states the belief that the material was removed or disabled due to a mistake or misidentification.
  4. Statement of consent to federal court jurisdiction for the judicial district of the Subscriber, or if located overseas, to an appropriate judicial body.

NETHOSTING ACTIONS UPON RECEIPT OF COUNTER-NOTIFICATION

When NetHosting receives a proper Counter Notification, we take the following actions:

• Provide the complaining party with a copy of the Counter Notification, informing him or her that we will replace the removed material or restore access to it within fourteen (14) business days after we receive the Counter Notification.
• Replace or restore access to the removed material in no less than ten (10) and no more than fourteen (14) business days after we receive the Counter Notification, provided we haven’t received notice from the complaining party that legal action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on our network or system.

CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.