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.

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. Web hosting accounts are activated on shared IP addresses and servers, using HTTP protocol for serving web pages. We do not provide SSL (HTTPS) certificates, if you need your web site to work over SSL, you can obtain an SSL certificate from providers like NameCheap, or GoDaddy etc. and then install it into your hosting account on our servers.


Support and response times:



Support can be requested by opening tickets in the client area. An extensive knowledge base and troubleshooting wizard is also available, 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, with response time which could vary between a few minutes and a few hours. 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.

The technical support system is available for server maintenance, security hardening, and resolution of server issues, and not debugging of web applications and scripts that you install and use, or fixing issues that can be fixed by you from your cPanel or client area. Support for scripts that you install either yourself, or via an automatic installer, such as Softaculous, is provided by the developers of the scripts.

By using our services, you accept that you have the ability to manage the applications, scripts and content that you upload, to configure them properly and that you are solely responsible for the content of your web site. Also, you accept that you are responsible for resolving the bugs and errors of your scripts, either by fixing their code yourself, or by requesting support from the developers of the applications or scripts. We do not provide support for the following, as they are your responsibility, can can be corrected by you, or the developers of the scripts, and they are not a server problem:
1. Bugs in your PHP scripts
2. Wrong directives in the .htaccess files that are created by you, or your scripts (for example, some plugin scripts break the .htaccess files so badly, that they cause \"Internal Server Error\", or other messages)
3. Forgotten passwords for the administrator or user dashboard of your scripts, such as WordPress, Joomla etc. The script developers provide instructions on how to reset your password
4. Wrong syntax in your MySQL queries
5. Wrong permissions set for your files, or folders (folders should have permissions 755 and files should have permissions 644)

If you open support tickets for problems that are not caused by server malfunctions, but from poor coding, development and management, or bugs of your scripts instead, the tickets will be rejected, as they occupy support time that would be available to other customers. Abuse of the support department with multiple tickets or replies for problems with bugs in your scripts, misconfigured .htaccess rules in your folders, or other issues that a result of poor management of your content, scripts and applications, is not allowed.

To ensure that the support system works smoothly with equal availability to all customers, and that it is not monopolized by a single user, each user is allowed to open a maximum of 3 tickets per week, or submit a maximum of 10 replies per week to existing tickets. Our servers are so stable and flawlessly working, that 99.99% of our customers rarely need to open more than 1 ticket per month. Actually, 95% of our active customers have never opened any tickets. If you need to open more than 3 tickets per week, this means that there are problems with your scripts, applications or wrong usage of your account.


Uptime:


We guarantee 99.9% uptime of services monthly. 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 caused by physical disasters
2) Downtimes caused by network issues or attacks against 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 configured incorrectly your applications and databases
    c) You accidentally deleted any of your databases
    d) You have not correctly configured the nameservers, or private nameserver IP addresses, or DNS settings for your domains, according to our instructions. You have to use the nameservers, or nameserver IP addresses, listed in your activation email and our knowledge base articles. 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, MySQL queries, or .htaccess files.

We do not take any responsibility and we do not provide any type of support, if you are not using the nameservers, or private nameserver IP addrresses given with our instructions for your domains that you want to host with us.


SLA Credits and Compensations:


For every 1 hour of downtime which exceeds the maximum 0.1% downtime per month and is not covered by the cases 1-3 of section "Uptime:", we provide 1 additional week of free service or you can request the cancellation and refund for your account.


Resource usage:



We do not allow accounts which monopolize all available server resources, such as CPU, RAM, or disk I/O. You know very well that the servers are shared, this is why the service is called "shared hosting". If your site needs dedicated server resources, then shared hosting is not for you. Other customers need access to the server resources too. For this reason, your account is allowed to use a maximum of 30% CPU power, 30% of RAM, and 30% disk I/O. These limits are in place in order to ensure that all customers on our servers are able to use the server resources equally, without disruptions in their service. These limits are sufficient for all well written applications and scripts. Note that we host customers with high traffic WordPress/Joomla/e-commerce or forum sites, never exceeding these limits, so if you do, there is definitely something wrong with your scripts, plugins, or databases. If your account exceeds these limits, you will be notified and if this happens too frequently, you will be refunded, provided with a backup of your files and given 24 hours to transfer your data to another service. This termination will take effect in order to ensure that no performance issues and downtimes will be caused to other customers. It is your responsibility to optimize your scripts and applications to reduce the CPU and RAM usage. If you need more CPU power or RAM, you will need to consider using a VPS or dedicated server with exclusive resources.


Account transfers and migrations:



You can open a ticket to request a free migration of your hosting account from another hosting provider using cPanel. Migrations from other hosts which do not run cPanel, are not provided.

The transfer of your cPanel account from another hosting company to our server is free, if you request it within 5 days after ordering your service from us.

Account migrations/transfers is a courtesy service without guaranteed results. It could fail if there are problems with your old hosting provider, such as lack of disk space required to create a cPanel account backup, faulty network, creation of corrupted backups on their servers, slow CPU on their servers, or expired cPanel licenses on their servers.

We perform a virus scan on the files transferred from the other host, and if malware is found in these files, we will deny to restore the backup. An infected account means that there are vulnerable scripts which will allow your account to be infected again in the future.


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
· Child pornography
· "Warez" sites
· Sites listed in SpamHaus, or cleantalk.org, or hosts-file.net for hosting malware, warez, or sending spam
· 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 owner, or don't have the rights to distribute
· Software which leaks system information about our servers
· Benchmark scripts and applications stressing 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)

Adult content and nudity are allowed only if these conditions are fulfilled:
1. The individuals displayed in the content are 18+ years old
2. The individuals are captured with their consent given for the content to be uploaded to your web site (we will instantly and without any warning, terminate accounts hosting photos or videos taken with hidden cams, or sites with ex girlfriend/boyfriend revenge photos or videos)
3. You are the copyright owner, or authorized distributor of the content

Child pornography is strictly forbidden and punishable by international laws, if such content is found in your account, your account information will be reported to the responsible law enforcement authorities.

Softaculous/Installatron

For security reasons and protection from vulnerabilities and hacks, scripts on our servers are automatically updated to their latest versions, by Softaculous or Installatron scripts installer. For this reason you need to ensure that all your installed plugins are always compatible with newest versions of the scripts they are created for.

List of 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, search engine robots, 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)


List of disallowed WordPress themes

The following WordPress themes/templates are not allowed to be used on our servers, because they contain vulnerabilities which allowed the hacking of web sites, and infection with malware and phishing content:
- "Mainstream" theme: http://www.wordpress3themes.net/mainstream/


List of disallowed PHP scripts

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

If these scripts and plugins are installed, they could be removed any time from our servers 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.

Commercial Advertising - Email:


Spamming, or sending unsolicited email from our servers, or using an email address or domain that is maintained on our servers as the sender of spam or unsolicited email, 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.

Cancellation and Refund Policy:



Shared web hosting accounts will be fully refunded if you decide to cancel your web hosting service within 30 days after your order. If you cancel after 30 days, you will be refunded for the remaining unused days of service.
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
· You did not submit more than 5 support tickets, or 20 replies to existing tickets
· You have not received another refund, for another service from us in the past
· 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 did not violate copyright laws, by 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 caused by their actions.

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.

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 during business days between 8:00 and 16:00 GMT, or a few hours all remaining hours and days.
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 public media, is not an accepted method to resolve issues. Such actions of defamation are punishable by law and may lead to legal actions and lawsuits.

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.

We maintain backups also, daily and weekly. Each user can request to have one backup restored for free, by opening a support ticket. Please note that since restoring a server backup requires additional working time by our support staff, which is not covered by this SLA, if the same user requests the restoration of a backup more than 1 times, a fee might be charged.

Accepting the terms of service:


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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