Terms Of Service and Service Level Agreement


Terms Of Service and Service Level Agreement

Terms Of Service & Service Level Agreement



This Terms of Service Agreement is an agreement between you (the "user") and NetworkPanda ("NetworkPanda", "we", or "us"). We provide users with access to certain Materials (as defined below) to help them host their web sites, web applications and email accounts. By proceeding with your order, you verify that you accept the Terms Of Service displayed below.

A) Account activation:


We 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 begins the process of creating your account. This verification and activation is complete 10 minutes 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:



Support can be requested by opening tickets in the client area. While opening a ticket, a troubleshooting wizard appears, which will attempt to help you resolve potential issues, using functionality already available in the client area and cPanel.

Our support department provides responses to support tickets opened by our customers, during Monday - Friday, 8:00 - 16:00 GMT, with average response time 10 minutes. Beyond these days and hours, response time is provided on a best-effort support basis. Weekend ticket support is available only for critical and general server or network issues.

The reaction time to critical and emergency server issues (general server or network issues) is always 5 minutes, 24/7/365.

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 inside our 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 outside our datacenters and core network, where we do not have the right to interfere and apply any fixes
3) Downtimes due to your mistakes with 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 our instructions. 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


We 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 request the cancellation of your account. If you cancel your account, you will receive a prorated refund for your remaining, unused service, if your account did not violate any of the terms of service displayed in this page.

E) Resource usage:


Your account is allowed to use a maximum of 30% CPU power and 30% 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, it may be suspended to ensure that it will not cause performance issues and downtimes to other customers. It is your responsibility to optimize your scripts and applications to reduce the CPU and RAM usage. You are on a shared environment and causing problems to other users is not tolerated at all. If you need more CPU power or RAM, you will need to consider using a VPS or dedicated server with exclusive resources.

F) Content and Traffic:


All services provided by “NetworkPanda” 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 our 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 or linking to the following content:

· Pirated (cracked) software
· Software which performs any type of network attack or hack attempts against our or remote networks and servers
· Hacker programs or archives
· Phishing material
· "Warez" sites
· Proxy scripts and proxy software
· Game servers and game server software
· Copyrighted material, or links to such material, for which you are not the copyright ownser, or don't have the rights to distribute
· Software which leaks system information about our servers or other customers
· Benchmark scripts and applications that stress the CPU or other resources of our servers
· IRC bots
· Sites running outdated scripts with security vulnerabilities (you need to keep your PHP scripts always updated to their latest versions)

We allow legal adult content only if the individuals displayed in this material are 18+ years old. We do not allow child/underage pornography.

Disallowed WordPress plugins

The following WordPress plugins are known for causing server or MySQL overloads under certain conditions, due to poor coding by their developers, and are not allowed on our servers:
- Spyder Spanker (causes false alerts by uptime monitors, it blocks legitimate traffic and its spider logging system overloads the CPU and MySQL service)
- StatPress and all plugins based on StatPress (poorly written code which overloads the CPU and MySQL service even with very low traffic)
- W3 Total Cache (while caching content, it creates millions of small files on the disk, increasing the disk I/O to almost 100% and slowing down the daily backups, and other important daily server operations)

The following PHP scripts are not allowed to be used on our servers:
- PHPVibe (bug with the cron.php causing extremely high CPU and MySQL load under certain circumstances)

The list of disallowed scripts and plugins can be updated any time without prior notification.

Traffic Usage


All account plans come with a predetermined amount of traffic allowance (bandwidth), 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 our servers or using an email address or domain that is maintained on our servers is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too. NetworkPanda will be the sole arbiter as to what constitutes a violation of this provision.

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

H) Cancellation and Refund Policy:



You will be fully refunded if you decide to cancel your service within 30 days after your order. You will receive a prorated refund for your remaining unused service, if you decide to cancel anytime after 30 days since your order have passed. Refunds are given if the following conditions are met:

· Your account didn't use more than 30% of the server's CPU power
· Your account didn't use more than 30% of the server's RAM
· Your account didn't use more than 10 GB of bandwidth
· Your account didn't use more than 1 GB of disk space
· Your account was not hosting malware, phishing or spam tools and pages
· Your account (all e-mail accounts in it) did not send or receive more than 100 e-mail messages
· Your account didn't violate any of the terms of service displayed in this page
· Your account was not hosting copyrighted material for which you are not the owner or you do not have the rights to distribute

Please note that accounts which abused the server resources, caused technical issues to our network, or other customers, damaged our company reputation, or were hosting illegal content, or violated the terms of service displayed in this page, do not get any refunds. Their payment will be kept to help us cover the damage, or legal trouble they caused to us.

If you request a cancellation and refund, you will not be eligible to order any new services from us again in the future. This is done to prevent issues which occurred in the past, with customers ordering a service, cancelling the 29th day getting a refund, ordering again cancelling again the 29th day and so on, using this way our services free for ever.

I) Resolution of Issues



If you have any technical or billing issues, you should discuss them directly with our support department, by opening a ticket from the client area and waiting for our response. We respond to all tickets within a few minutes.
In the unlikely case you are not satisfied with our service, you can request a cancellation and you will be refunded. Bashing our company and attempting to damage its reputation on public forums, blogs, social media or any other means, is not an accepted method to resolve issues. Such actions of defamation are forbidden by law and may lead to legal actions and lawsuits.

K) Billing:


We will be sending to 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 its expiration your account is still not renewed, the account is considered as abandoned, then it is terminated and all your customer data and files are removed from our servers and our backups. For privacy reasons we don't keep any data and backups of terminated accounts.

Currency
All prices are in US-Dollar currency. We are not responsible for any currency exchange fees of your credit card company, PayPal, 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, NetworkPanda, 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 Usage Policies should be referred to

support@networkpanda.com or abuse@networkpanda.com

Backups:


We provide a service for free 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 NetworkPanda, 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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