Terms & Conditions – VPS Hosting

5. VPS Hosting

Net Solutions supplies VPSs as a managed service supporting the latest stable versions of CentOS™, Debian™ and Ubuntu™ Linux operating systems. As a managed service we maintain the Network, Hardware and Operating System.

Application support is provided as a separate option and not included as part of VPS Hosting. We have very strong expertise in configuring and installing Apache, Nginx, PHP, CGI, Javascript, MySQL, PostgreSQL, Postfix, Exim, Dovecot, Courier, Amavis, Spamassassin, Clamd, Bind, DNSMasq, FTP, Samba, NFS, IPTables.

5.1 Acceptable Use

You and your end users must abide by the terms of our Acceptable Use Policy. We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of 3 suspensions of the service as a result of your failure to resolve issues that we have brought to your attention.

The following activities are expressly prohibited:

  1. Running any bit torrent application, tracker or client;
  2. Participating in file sharing or other peer to peer sharing activity
  3. Hosting or illegal or malicious activities

5.2 IP Address Allocation

We may designate for your use on a temporary basis IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience to you.

5.3 Backups

Backups are provided as an Addon option. Net Solutions recommends that clients backup their VPS data to remote storage servers or their personal computers. Clients are responsible for their own data and Net Solutions shall not be responsible for data loss.

Where backups are purchased as an Addon option, a fee of $132 will be applied per restore, during Business Hours, and $264 will be outside Business Hours. To arrange a Restore, the Customer must raise a service request via the Client Area.

5.4 Additional Fees

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 authorised users to monitor website data traffic.

5.5 Service Levels

Net Solutions warrants that your uptime availability will be at least 99.9% except where failure results from:

  1. Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;
  2. scheduled maintenance completed within the notified maintenance window;
  3. a requirement, direction or any other order issued by an authority with jurisdiction over the service;
  4. unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.

The uptime service level is not met if:

  1. Router packet loss is in excess of 50% and is sustained for 120 seconds or more;
  2. Latency across the our network exceeds 400 milliseconds, for longer than 300 seconds.

As your sole remedy for failure to meet the uptime service level, we will credit your account with a percentage of the monthly service fees as set out below:

Outage (in hours) Service Credit (percentage of monthly fees)
3 10%
6 20%
12 40%
18 60%
>24 80%

Processing of your claim will only occur upon the formal request from the customer via a service request in our Client Area. This request will only be accepted if it is made within the same calendar month as the relevant incident. At your request, Net Solutions will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If Net Solutions reasonably determines that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense.

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