Webx Networks (referred hereinafter as ‘Webx Networks’, ‘our’, ‘we’ and ‘us’) is a web hosting provider. This Service Level Agreement applies to all persons and entities (collectively, “customers” and referred hereinafter as ‘customers’, ‘customer’, ‘your’ and ‘you’) using the products and services offered by us. The policy is designed to protect the security, integrity, reliability, and privacy of both the Webx Networks and the products and services Webx Networks offers to its customers.
We use only top quality servers, switches, and routers. This translates into great reliability and uptime. As a result, within our own server farm and facilities that are under our own control and management, we guarantee that our network will be up and functioning 99.99% of the time per month. We also have a 100% Data Center systems guarantee.
To be eligible for this SLA, your account must be in good standing. All requests for credit should be made to the billing department with a trouble ticket number reference included.
We guarantee that the network will be available 99.99% of the time in a given month (this does not include functionality of software/services on a server), excluding scheduled maintenance. If network downtime exceeds 0.01% the customer will be refunded 5% of their monthly fee for every 60 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, but does not include services or software running on your server.
We are not responsible for outages or circumstances beyond our control that hinder access to your site or server. The following are excluded from the monthly calculation of Service Availability:
- Scheduled downtime or maintenance
- Traffic conditions on the Internet
- ISP or local problems such as Browser or DNS caching
- DDoS, Attacks, Exploits or hacked servers
- An outage from an upstream facility outside of our network
- Interruptions or failure of individual service caused by client, their employees, client’s customers, friends, or family to their service.
- Inaccurate installation or configuration of software by the client, 3rd party software, client abuse or over utilization of resources.
Data Center (NOC) Guarantee
We guarantee that the critical systems, including power and HVAC, will be available 100% of the time in a given month, excluding scheduled maintenance. We will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 100% of customer’s monthly fee).
Critical systems include functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers’ servers. NOC downtime exists when a particular server is shut down due to power or heat problems and we record such a failure in the support ticket system.
Hardware Guarantee – (Dedicated Server clients only)
We guarantee the functioning of all leased 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 2 hours of problem identification. This guarantee of 2 hours does not include additional actions such as software installations, OS reinstalling, or other data or backup services. In the event that it takes us more than 2 hours to replace faulty hardware, we will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 100% of customer’s monthly fee).
Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease.
Occasionally servers and systems must be brought down for routine maintenance and upgrades to ensure that your site will perform optimally. However, we strive to keep such service interruptions to a minimum, and, when possible, give you advance notice of scheduled maintenance. Scheduled service outages do not qualify for this guarantee.
Additionally, this guarantee is your remedy for any unscheduled downtime of more than limits outlined above. Downtime must be confirmed by a staff member in our support system. Maximum credit given will not exceed the amount of the charge for the customer service with us. The credit will be applied to your invoice on your next due date. Downtime is measured from the time the customer records such failure in the support ticket system and until a resolution is provided in that ticket.
Our products and services may only be used for lawful purposes. Any use of these services, which violates any local, state, provincial, regional, federal, or international laws which may apply to Webx Networks, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
Use of our products and services that is not allowed includes, but is not limited to, the following:
- Posting, transmission, re-transmission, or storing material of any unlawful, obscene, indecent, profane, libelous, offensive, pornographic, threatening, abusive, defamatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
- Installation or distribution of a software product that is not appropriately licensed for use by you.
- Introduction of malicious programs including viruses, worms and Trojan horses into the network or servers or other products and services of Webx Networks.
- Intercepting data not intended for you by any method.
- Actions that restrict or inhibit anyone in his or her use or enjoyment of Webx Networks products and services and the Internet, or that generate excessive network traffic through the use of automated or manual routines. Any network traffic can be declared excessive at the sole discretion of Webx Networks.
- Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that you are not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
- Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document “use” of our products or services.
- Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material.
- Using Unlimited Web Hosting plans for archives, backups or non-web-hosting use, including files larger than 100MB each in size.
- Harassment, whether through language, frequency, or size of messages.
- Unauthorized use or forging of mail header information.
- Solicitations of mail or any other e-mail address other than that of the poster’s account or service, with the intent to harass or collect replies.
- Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
- Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws or without all required approvals, licenses and exemptions.
No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
Limitation of Liability
You hereby agree that Webx Networks makes no warranties, express or implied and you hereby waive any claim based upon any breach thereof. You further agree that Webx Networks shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Webx Networks to you shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months’ service fee at current rates. Our liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Webx Networks shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement.
In no event shall Webx Networks be liable to you or any other person, firm or entity in any respect, including, without limitation, for any damages, either direct, indirect, consequential, special, incidental, actual, punitive, or for any other damages, or for any lost profits of any kind or nature whatsoever, arising out of mistakes, negligence, accidents, errors, omissions, interruptions or defect in transmission, or delays, including, but not limited to, those which may be caused by regulatory or judicial authorities arising out of or relating to this agreement or the obligations of Webx Networks pursuant to this agreement.
You understand that by placing information on our servers that such information becomes available to all Internet users and that Webx Networks has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of our servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Webx Networks or on the Internet generally. Webx Networks makes no warranty, whether express, implied or statutory, as to the description, quality, merchantability, completeness or fitness for any purpose for the service or product, or as to any other matter, all of which warranties by Webx Networks are hereby excluded and disclaimed.
Your use of the service is at your sole risk. Webx Networks is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Webx Networks servers.
You agree to indemnify, defend, and hold harmless Webx Networks from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Webx Networks, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Refusal of Service
If Webx Networks discovers that a your web site or scripts are using an unacceptable amount of shared servers resources, including but not limited to cpu (1 full core) and memory (1GB) usage, Webx Networks may suspend or terminate your account with notice. Webx Networks will make reasonable effort to contact the client via email and notify of the resource abuse and provide alternative solutions.
Webx Networks reserves the right to refuse or discontinue service to anyone at our sole discretion. Webx Networks may deny you access to all or part of the service without notice if you engage in any conduct or activities that Webx Networks in its sole discretion believes violates any of the terms and conditions in this agreement. Webx Networks shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Webx Networks has the right to monitor the service electronically and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Webx Networks reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
You agree that you as the person are legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in his or her own name. You agree to supply Webx Networks with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us or to our credit card processor, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
Billing and Payment
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that Webx Networks may apply the amount due to the provided card at any time.
Webx Networks reserves the right to modify this agreement at any time, effective immediately upon posting of the modification. Under the terms of this agreement, your use or continued use of our products and services is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions in effect at the time of your use.