4. Business Hosting

4.1 Definitions

  1. Necessary Services” means the portions of the Services that must be operational in order for a Client Website hosted on our platform to be accessible over Hypertext Transfer Protocol (HTTP). The Necessary Services do not include any Third-Party Services, our control panel, our support system, our website or any other portion of the Services that is not strictly necessary in order for Client Websites to remain accessible.
  2. Signup Date” means the date on which you subscribe to a hosting plan.
  3. Downtime” means any period of time in which the Necessary Services are unavailable to the Client.
  4. Covered Downtime” means the total duration in minutes of Downtime occurring during a Monthly Billing Period. For example purposes only:
    1. If five Client Websites are hosted on a single Hosting Account and only one of those Client Websites experiences 60 minutes of Downtime, that shall be counted as 60 minutes of Covered Downtime.
    2. If all five Client Websites experience 60 minutes of Downtime concurrently at the same time, that is counted as 60 minutes of Covered Downtime (not 300 minutes).
    3. If one Client Website experiences 60 minutes of Downtime on Day 1, and then another Client Website experiences 15 minutes of Downtime on Day 2, then that is counted as 75 minutes of Covered Downtime.
  5. Maintenance Period” means Monday through Sunday, 2 am to 5 am, local time, based on the time zone of the data center in which each Client Website is hosted.
  6. Effective Plan” means the active hosting plan at the time Downtime occurs.
  7. Uptime Guarantee” means the Necessary Services will be available at least 99.9% of the time during each month.
  8. SLA Credit” means the credit as described in this SLA which is added to a Hosting Account and applied to subsequent invoices.

4.2 Acceptable Usage

You and your end users must abide by the terms of our Acceptable Use Policy. This includes the prevention of spam, fraud, breach of intellectual property rights, privacy breaches and other illegal activities.

You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws. It is not acceptable to use our service(s) to:

  • Violate copyright or other intellectual property rights;
  • Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
  • Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language
  • Misrepresent or defame others
  • Commit fraud
  • Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
  • Damage, modify or destroy the files, data, passwords, devices or resources of Net Solutions, other users or third parties
  • Engage in misleading or deceptive on-line marketing practices;
  • Conduct any business or activity or solicit the performance of any activity that is prohibited by law
  • Make an unauthorised transmission of confidential information or material protected by trade secrets
  • “Spam” or engage in “spamming” activities
  • Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
  • Post or transmit defamatory, harassing, abusive or threatening language
  • Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
  • Facilitating a violation of this Acceptable Use Policy
  • Perform any other action through utilization of any service which we deem unsatisfactory
  • Attempt to do any of the above

4.2.1 Resource Usage

All hosting plans are subject to general resource and usage monitoring. Any action or process that consumes resources beyond a reasonable level and thus degrading the shared environment for other users is expressly prohibited.

The hosting service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our cPanel
hosting plans are expressly prohibited from use as an online file repository.

4.2.2 Additional Fees

Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.

You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. Net Solutions will provide an online interface allowing authorized users to monitor website data traffic.

4.3 Software Installations

The client is responsible for all software installed that is installed on their hosting account. This includes software installed by an automated scripts, any 3rd party authorized or unauthorized such as hackers.

The client understands that if any software on their account is not maintained, the risk of being hacked over time increase.

The client understands that the risk of being hacked may lead to disastrous consequences including but not limited to:

  • theft and hijacking of all your your usernames and passwords
  • access to all your current and historic emails (for all your email accounts)
  • stealing all your data stored in your website and email, which can be used to steal your identity and create or amended your credit cards and bank accounts
  • selling your personal data to other parties who will use it for illicit or illegal purposes
  • selling your "clients" personal data to other parties who will use it for illicit or illegal purposes (if you store any of your clients personal data)
  • launching and operating illegal activities on your account that you can be liable for if you did not take evasive action.

4.4 Security

Our hosting platforms use industry standard security policies. This includes CloudLinux OS with CageFS and Hardened PHP.  No software is 100% secure so it is your responsibility to maintain backups, secure logins and passwords at all times. You must also keep all software, installations, plugins and themes up to date. Any account which is compromised or contains malware or spam scripts may be taken offline or have infected files sent to quarantine.

In the event of an account taken offline or files sent to quarantine, you may contact us for more information so we can provide recommendations or assistance at our discretion. You may then wish to resolve the issue yourself or employ a third party to do this for you.

4.5 Backups & Restores

It is the clients’ sole responsibility to ensure they have a backup of all data and files including but not limited to MySQL databases and files. Backup and Restore functions can be managed via your control panel (cPanel). The client should always maintain a recent copy of all data at all times as Net Solutions will not be liable for websites that have been compromised, hacked or corrupted. The client should be prepared to upload the data via the cPanel to their account from a local copy.

For our own disaster recovery purposes, Net Solutions will take periodic backups (server snapshots) of all hosting servers, daily, weekly and monthly. Individual account backups can be extracted from these backups for an additional fee. Should the client request Net Solutions to restore or supply an account backup from our server snapshots the request must be submitted via the Client Area and a fee of $88 per 8GB of storage (or part of depending on your plan) will apply.

Net Solutions also offers Automated Remote Offsite Backups as an Addon service to your hosting account. In this instance a backup of your hosting accounts is taken on a daily basis and rotated daily (7 days), weekly (4 weeks) and monthly (3 months). The client may request an account to be restored from our backup systems by raising a service request via the Client Area. Three (3) restores per year are provided free of charge, and subsequent restores are billed at $66.

4.6 Service Suspension or Cancellation

Your service will be suspended or terminated if you breach any of the Acceptable Usage terms as per 4.2.

Your service will be suspended if the payment for your service is not received within seven (7) days of the due date. Your service will be terminated if the payment for your service is not received within fourteen (14) days of the due date.

You can cancel your service as per 7. Termination

Once a service has been terminated all data for that service will be deleted and will be unrecoverable.

4.7 Service Level Agreement

Net Solutions Business Hosting provides the following Service Level Agreement (“SLA”). This SLA is an addendum to and hereby incorporated into the Terms & Conditions. Terms not defined in this SLA have the definitions set out in our Terms & Conditions. The remedies set out in this SLA are Client’s sole and exclusive remedy for issues covered by the SLA. If there is a conflict between this SLA and the Terms, the Terms shall control.

We reserve the right to make changes to this SLA at any time at our sole discretion. Your continued use of the Services following notification of changes will constitute your acceptance of such changes. Please periodically review this SLA and check for any updates.

4.7.1 How SLA Credits Will Be Calculated

    1. In order to determine whether our Uptime Guarantee has been met, Covered Downtime shall be compared to the amount of time in a normal 30-day period (43,200 minutes). If Covered Downtime exceeds 43 minutes (0.1% of the amount of time in a normal 30-day period) it shall be determined that the Uptime Guarantee was not met.
    2. If we fail to meet the Uptime Guarantee, upon request you will receive SLA Credits equal to five percent (5%) of each full hour (60 minutes) of Covered Downtime based on your calculated monthly billed amount.  For Clients on an annual billing cycle this is the billed amount divided by 12. . Covered Downtime shall be calculated based on our monitoring. For example purposes only:
      1. If the Covered Downtime is 59 minutes, you will not receive any SLA Credit.
      2. If the Covered Downtime is a full hour (60 minutes), then you will receive SLA Credit equal to 5% of your calculated monthly billed amount.
      3. If the Covered Downtime is 119 minutes, you will receive SLA Credit equal to 5% of your calculated monthly billed amount.
      4. If the Covered Downtime is 2 full hours (120 minutes), then you will receive SLA Credit equal to 10% of your calculated monthly billed amount.

4.7.2 How You Will Receive SLA Credits

    1. In order to receive SLA Credits you must submit a service request for SLA Credits no later than 2 weeks after the incident.
    2. SLA Credits shall be credited to your Hosting Account and applied to future invoices.
    3. SLA Credits will not exceed the calculated monthly billed amount for the month in which we failed to meet our Uptime Guarantee.
    4. SLA Credits will not be paid to you bank account, credit card or in cash.
    5. If you terminate your Hosting Account or Agreement before the SLA Credit is applied, you will not receive the SLA Credit.

4.7.3 When You Will Not Receive SLA Credits

Downtime caused by any of the following circumstances, as determined at our sole discretion, shall not be included in the Covered Downtime and shall not be eligible for SLA Credit:

  1. Any maintenance performed during the Maintenance Period,
  2. Emergency maintenance performed at any time,
  3. Scheduled outages,
  4. Force majeure events, including but not limited to, acts of nature (fire, flood, earthquake, storm, or other natural disaster), acts of war (invasion, hostilities, rebellion, revolution, insurrection, terrorist activities, and other hostile activities), actions taken by governments (sanction, blockage, embargo, and other governmental action), labor disputes (strike, lockout, or any similar dispute), failure of power sources, outages caused by external service providers, and any other event which we cannot reasonably anticipate, prevent, control, or avoid,
  5. Traffic reaching a Client Website that exceeds the capabilities of the Client Website, the Client’s hosting plan, or the Services,
  6. Client breach of the Terms of Service or any other policies, terms, or agreements applicable to Client,
  7. Client machine access problems,
  8. Client authored code,
  9. Changes to the Services by parties other than Net Solutions.