Terms Of Service and Service Level Agreement


Terms Of Service and Service Level Agreement

Service Level Agreement



A) Account activation:


We, Network Panda, provide a system of automatic account activations for the accounts you order. As soon as you complete your payment, our billing system automatically verifies your payment and activates your account. This verification and activation is complete 5 seconds after your payment. Your account details are emailed to the address you specified in your order. You can also view these details by clicking the "Return to Network Panda" link, as soon as you complete your payment.

B) Support and response times:


We, Network Panda, provide to you, the user of our services, the following methods to request support:
1) Tickets system via your client area
2) Email at support@networkpanda.com

The average response time to support tickets about server issues, sent to our technical support department is 15-30 minutes. Our support departments are available the following days and hours:
1) Technical support: 24/7/365, including weekends.
2) Administrative and billing: 9:00 - 17:00 GMT on business days.


C) Uptime:


We guarantee 99.9% uptime of services in a monthly basis. This equals to 0.1% maximum downtime per month.

As a downtime are counted the periods when our services are unavailable to all visitors of your sites, due to hardware, software or network failures on our servers and network.

In the maximum 0.1% downtime of this Service Level Agreement are not included:

1) Downtimes due to physical disasters
2) Downtimes due to network issues or attacks which occur to areas out of our datacenters and core network, where we do not have the right to interfere and apply any fixes
3) Downtimes due to your, the customer's, fault in regards of your site management. These include cases where your site is offline because:
    a) You accidentally deleted your files
    b) You have incorrectly configured your applications and databases
    c) You accidentally deleted any of your databases
    d) You have not correctly configured the nameservers or DNS settings for your domains, according to the instructions in the activation message you receive when signing up. You have to use the nameservers listed in your activation email. If you need to setup CloudFlare for your domain(s), you need first to setup the nameservers listed in your activation message, and then use the "CloudFlare" icon in your cPanel area.
    e) Your site is offline due to poorly written scripts and applications with errors or security vulnerabilities in their code


“Network Panda” can't be held responsible for any site outages or data loss which occured because you did not use the nameservers and FTP, cPanel hosts listed in the instructions in your activation email.

D) SLA Credits and Compensations:


For every 1 hour of downtime which exceeds the maximum 0.01% downtime per month and is not covered by the cases 1-3 of section C, we provide 1 additional week of free service or you can be refunded for your current billing term and have your service cancelled.


E) Resource usage:


Your account is allowed to use a maximum of 30% CPU power and 20% of RAM. These limits are placed in order to ensure that all customers on our servers are able to use the server resources without disruptions in their service. These limits are sufficient for all well written applications and scripts. If your account is found to constantly exceed this usage, may be temporarily suspended, till your resource usage drops. If you need more CPU power and RAM, you will need to consider using a VPS or dedicated server with exclusive resources.

F) Content and Traffic:


All services provided by “Network Panda” may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, or material protected by trade secret and other statute.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to “Network Panda” servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content are sites with the following content:

Pirated (cracked) software
Hacker programs or archives
"Warez" sites
Proxy scripts and proxy software
Copyrighted Material (e.g. MP3's)
Software which leaks system information about our servers or other customers
IRC bots

We allow legal adult content (nude photos, videos) if the individuals displayed in this material are 18+ years old. We do not allow child/underage pornography.

Traffic Usage


All account plans come with a predetermined amount of traffic allowance, efficient for millions of pageviews per month. Thus, it is very unlikely that a site with legal content could exceed these limits. However, if a web site exceeds this limit, it will be temporarily suspended till the end of the current month.

G) Commercial Advertising - Email:


Spamming, or the sending of unsolicited email, from a “Network Panda” server or using an email address or domain that is maintained on a “Network Panda” machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too. “Network Panda” will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of our services is strictly prohibited.

All Sub-Networks, distributive hosting sites and dedicated servers of “Network Panda” must adhere to the above policies.

I) Billing:


We will be sending you reminders 15, 7 and 2 days before your account expires. You can renew your account any time, to prevent account expiration. If the account is not renewed till the day of its expiration, our billing system automatically suspends it. During the suspension, your data are still stored on our servers, but your sites display a "suspended" message. If 7 days after suspension your account is still not renewed, all your files are removed from our servers and our backups.

Currency
All prices are in US-Dollar. We are not responsible for any currency exchange fees of your credit card company or your bank.

You agree to indemnify, defend, and hold harmless “Network Panda” 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, “Network Panda”, 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.

Violations of these Acceptable Uses Policies should be referred to

support@networkpanda.com

Backups:


Network Panda provides free automated backups, available in your client portal. These backups can be downloaded to your disk using your web browser. You are responsible for downloading these backups frequently to your local disk and keeping a local copy of your data.

Account activation:


By activating your account with “Network Panda”, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

Unless specified - none of the web hosting accounts includes the domain name registration fees. The customer is responsible for registering his/her domain name at the registrar of his/her own choice. We recommend http://www.godaddy.com - ourself. This will allow you one-stop support for everything in regards to your web hosting needs.

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