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Web Host Galaxy is
proud to offer an exceptional level of performance,
reliability, and service. That is why we are
making commitments to our customers in the form
of a Service Level Agreement (SLA) which provides
certain rights and remedies regarding the performance
of the Web Host Galaxy network. The Web Host
Galaxy Service Level Agreement (SLA) guarantees
our network/equipment reliability and performance.
This Service Level Agreement (SLA) applies to
customers of Web Host Galaxy's web hosting,
reseller, dedicated server, co-location, e-commerce,
and dial-up/dedicated access services.
Web Host Galaxy
strives to maintain a 99.9% network and server
uptime service level. This uptime percentage
is a monthly figure, and is calculated solely
by Web Host Galaxy monitoring systems or Web
Host Galaxy authorized/contracted outside monitoring
services. If Web Host Galaxy fails to meet its
99.9% uptime guarantee, and it is not due to
one of the exceptions below, credits will be
made available to each client, upon request,
on a case by case basis. Web Host Galaxy does
not credit a full month's service for minor
downtime. This would not be financially healthy
for Web Host Galaxy, and in turn would only
negatively affect the service level Web Host
Galaxy provides to you. "Partial refunds
for partial downtime" is our standard policy.
In extreme circumstances, Web Host Galaxy may
distribute full month credits, but this is dealt
with on a case by case basis. Details on how
credit amounts are calculated can be found below.
Customer shall not receive
any credits under this SLA in connection with
any failure or deficiency of the Web Host Galaxy
network caused by or associated with:
Circumstances beyond reasonable
control, including, without limitation, acts
of any governmental body, war, insurrection,
sabotage, embargo, "Acts of God" (i.e...fire,
flood, earthquake, tornado, etc...), strike
or other labor disturbance, interruption of
or delay in transportation, unavailability of
or interruption or delay in telecommunications
or third party services, failure of third party
software or inability to obtain raw materials,
supplies, or power used in or equipment needed
for provision of the Service Level Agreement
Telco Failure (i.e...Verizon™ cutting
a fiber lines somewhere)
Backbone peering point issues (i.e...UUnet™
having a router go down in Virginia that wipes
out internet service for the entire East Coast)
Scheduled maintenance for hardware/software
upgrades
Hardware failure (faulty hardware is rare, but
cannot be predicted nor avoided). Web Host Galaxy
utilizes only name brand hardware of the highest
quality and performance.
Software bugs/flaws (Exploits and bugs may develop
that cause security issues or downtime)
DNS issues not within the direct control of
Web Host Galaxy
Network floods, hacks, attacks from outside
parties or individuals
Failure or error of any Web Host Galaxy monitoring
or measurement system
Client’s acts or omissions, including
without limitation, any negligence, willful
misconduct, or use of Web Host Galaxy service(s)
in breach of Web Host Galaxy Policy and Service
Guidelines (AUP), by Client or others authorized
by Client.
Web Host Galaxy's goal
is to make the Web Host Galaxy network available
to Clients free of outages for 99.9% of the
time. An "outage” is defined as an
instance in which Client is unable to transmit
and receive IP packets due to a Web Host Galaxy
service failure for more than 15 consecutive
minutes, excluding service failures relating
to Web Host Galaxy's scheduled maintenance and
upgrades. The Web Host Galaxy network does not
include client premises equipment or any Telco
access facilities connecting Client's premises
to such infrastructure. Web Host Galaxy's goal
is to keep Average Round-Trip Latency on the
Web Host Galaxy network to 85 milliseconds or
less. Web Host Galaxy defines “Average
Round-Trip Latency”, with respect to a
given month, as the average time required for
round-trip packet transfers between the Web
Host Galaxy network and major US backbone peering
points during such month, as measured by Web
Host Galaxy. Webhost-Galaxy's goal is to keep
Average Packet Loss on the Web Host Galaxy network
to 1% or less. Web Host Galaxy defines “Average
Packet Loss”, with respect to a given
month, as the average percentage of IP packets
transmitted on the Web Host Galaxy network during
such month that are not successfully delivered,
as measured by Web Host Galaxy.
Web Host Galaxy will
periodically (on average every 10 minutes) monitor
Web Host Galaxy network and server availability
using software and hardware components capable
of measuring application traffic and responses.
Client acknowledges that such measurements may
not measure the exact path traversed by Client’s
internet connection, and that such measurements
constitute measurements across the Web Host
Galaxy network but not other networks to which
Client may connect. Web Host Galaxy reserves
the right to periodically change the measurement
points and methodologies it uses without notice
to Client. Full network and server reporting
will be posted to a location designated by Web
Host Galaxy and made available to Client.
Web Host Galaxy stands
behind all equipment on our network. Faulty
hardware is rare, but cannot be predicted nor
avoided. Web Host Galaxy utilizes only name
brand hardware of the highest quality and performance.
Web Host Galaxy will replace all faulty hardware
affecting performance levels of equipment within
24 hours, which includes hardware issues that
cause server crashes or speed issues. Hardware
failure resulting in complete network/server
outage/downtime will be corrected within two
hours of problem identification. Router failure
is an exception to this SLA guarantee, and may
require on-site Cisco™ engineers or backbone
provider emergency personnel to correct the
problem. Router failure is governed by current
Web Host Galaxy contracts with Cisco™
and backbone providers in regard to the emergency
repair service in case of such an issue. Web
Host Galaxy will replace all faulty hardware
on dedicated servers (rented or leased servers),
at no charge to the Client, with an unlimited
free replacement policy. This includes parts
ordered as upgrades.
1. In consideration
of the performance of the Services, Client shall
pay Web Host Galaxy a month, quarterly, semi-annually
and or annually in advance the amount set forth
in Web Host Galaxy's customer database as such
records are amended from time to time for the
Services during the term of this Agreement.
2. Client shall receive a
confirmation letter via e-mail at the time Client
contracts for the Services, which shall confirm
the fees payable to Web Host Galaxy. Thereafter,
Client shall receive a billing statement for
the upcoming billing perierd for each client.
The billing statement shall indicate any changes
in fees, which fees shall become effective upon
thirty (30) days' notice as set forth in Section
4 herein.
3. Client is responsible
for all activities and charges resulting from
Client's use of any Services. Client agrees
to pay all fees, bandwidth charges, connect
time charges, surcharges, and other charges
incurred by Client and set forth in the billing
statement. Client acknowledges that no refunds
will be given by Web Host Galaxy in the event
that Client's account is terminated by Web Host
Galaxy or Client mid-term. In the event of a
breach of security, Client will remain liable
for any unauthorized use of the Services until
Client notifies Web Host Galaxy by sending an
e-mail with account information to our Sales Team
4. Current rates for
using the Services may be obtained on our web
site at www.webhostgalaxy.com. Web Host Galaxy
reserves the right to change fees, surcharges,
monthly membership fees or to institute new
fees at any time. In addition, Web Host Galaxy
may institute special trial offers, from time
to time, that shall be reflected in the confirmation
letter sent to Client upon sign up. If Web Host
Galaxy does not receive the full amount of Client's
Service account balance within thirty (30) days
of invoice date, a late charge equal to 25%
per each week payment is late or highest amount
allowed by law will be added to Client's bill
and shall be due and payable. Client shall also
be responsible for all attorney and collection
fees arising from Web Host Galaxy's efforts
to collect any unpaid balance of Client's account(s),
and Web Host Galaxy may terminate Client's account
immediately without further notice to Client.
Credit requests must
be made on the Web Host Galaxy web site client
center. You must log in and submit a ticket.
Each request in connection with network/server
outages/downtime must be received by Web Host
Galaxy within five days of the occurrence. Each
request in connection with Average Round-Trip
Latency or Average Packet Loss in a calendar
month must be received by Web Host Galaxy within
five days after the end of such month. The total
amount credited to a Client from Web Host Galaxy
not meeting SLA service levels will not exceed
the service fees paid by Client for such services
for the period in question. Each validly requested
credit will be applied to a Client invoice within
30 days after Web Host Galaxy's receipt of such
request. Credits are exclusive of any applicable
taxes charged to Client or collected by Web
Host Galaxy. Upon Client’s request (in
accordance with the procedure set forth below),
Web Host Galaxy will issue a credit to Client
for network/server outages/downtime occurring
during any calendar month that are reported
by Client to Web Host Galaxy and confirmed by
Web Host Galaxy's measurement reporting. Such
credit will be equal to one day’s worth
(1/30th) of the monthly fees paid by Client,
(for all service fees paid if network outage,
or specific affected service fees paid if individual
server downtime) multiplied by each hour (or
portion thereof rounded to nearest next hour)
of the cumulative duration of such outage/downtime.
If Average Round-Trip Latency on the Web Host
Galaxy network for a calendar month exceeds
85 milliseconds, then upon Client's request,
Web Host Galaxy will issue a credit to Client
equal to one day's worth (1/30th) of the monthly
service fees paid by Client for such month.
If Average Packet Loss exceeds 1% during a calendar
month, then upon Client’s request, Web
Host Galaxy will issue a credit to Client equal
to one day's worth (1/30th) of the monthly service
fees paid by Client for such month.
Web Host Galaxy offers
all new clients a no questions asked 60 Day
Money Back Guarantee. If you see fit to cancel
your account within 60 days of signing up, for
any reason, and state that you would like a
refund, a full refund of the price paid for
hosting services will be given. No refunds will
be given for domain registrations. Refunds will
be issued within 30 days of the request. If
price paid for hosting services was made using
a credit card a credit will be made to the credit
card used. If price paid for hosting services
was via PayPal or Check/Money Order a refund
check will be sent in the mail to the address
we have on file. If a refund check is not cashed
with in 60 days of being sent that check will
be cancelled and you will forfeit your right
to a refund.
Your account can be
cancelled by logging into our client center.
Please use the cancel function. Other methods
of cancellation are not valid.
:
4.1 Client. Client
represents and warrants that (i) Client is at
least eighteen (18) years of age, (ii) Client
possesses the legal right and ability to enter
into this Agreement, and (iii) the performance
of Client's obligations and use of the Services
by Client, its customers and users, will not
violate any applicable laws, regulations or
the rules and regulations or cause a breach
of any agreement with any third parties or unreasonably
interfere with other Webhost Galaxy Clients'
use of Services. Client assumes all risks related
to processing of transactions related to electronic
commerce. Client agrees to provide Webhost Galaxy
with accurate, complete and updated information
required by the registration of the Webhost
Galaxy host service (Client Registration Data),
including Client's legal name, address, telephone
number(s), and applicable payment data (e.g.,
credit card number and expiration date). Client
agrees to notify Webhost Galaxy within
thirty (30) days of any changes in Client's
Registration Data.
4.2 Breach of Warranties.
In the event of the breach of any of the foregoing
warranties, in addition to any other remedies
available at law or in equity, Webhost Galaxy will have
the right, in its sole discretion, to suspend
or terminate immediately any Services.
4.3 Fees and Expenses. Client
shall be responsible for payment of all costs,
fees and expenses assessed by third parties
in the course of being provided Services. Such
costs include, but are not limited to, the fees
required to register and maintain domain names,
which is governed by a separate agreement between
Client and a third-party domain name registrar.
4.4 Third-Party Software.
Third-party software available through the Services
may be governed by separate end user licenses.
By using the Services and the third-party software,
Client agrees to be bound by the terms of such
end user licenses regarding the applicable third-party
software. Client consents and authorizes Webhost Galaxy
to delegate the authorizations Client provides
to Webhost Galaxy to its third party service provider(s)
as Webhost Galaxy deems necessary or desirable to provide
the applicable Services. Client agrees that
the terms and conditions of this Agreement,
including any of the other terms, conditions,
warranty disclaimers and liability disclaimers
incorporated into this Agreement, inure to the
benefit of such third party service providers
and such third party service providers are deemed
to be third party beneficiaries of the Agreement,
including any other terms, conditions, warranty
disclaimers and liability disclaimers incorporated
into this Agreement. Client also agrees that
all reference to “Webhost Galaxy” within
this Agreement and any incorporated terms are
also deemed to include, where applicable, Webhost Galaxy's
agents, such as the third party service providers.
4.5 Advertising, Solicitation,
and Client Name Harvesting. Client may not use
the Services to send unsolicited advertising,
promotional materials, or other forms of solicitation
to the Webhost Galaxy clients or other Internet users
unless Client receives the express permission
of such individuals. Client may not use the
means of unsolicited advertising to advertise
a site hosted on the Webhost Galaxy network. Client may
not use the Services to collect or “harvest”
user-names of Webhost Galaxy clients or other Internet
users without the expressed prior permission
of the member. Webhost Galaxy reserves the right to block
or filter mass email solicitations sent from
sites hosted on the Webhost Galaxy network.
4.6 Management of Site. Client
shall be solely responsible for all content
available on or through its site, and shall
at all times be subject to the terms of this
Agreement, Webhost Galaxy's then-standard Terms of Service
(“TOS”) and any generally applicable
guidelines and service standards published by
Webhost Galaxy. Client warrants that its site hosted
on the Webhost Galaxy network (i) will conform to the
Webhost Galaxy TOS attached hereto as Exhibit A; (ii)
will not infringe and will not contain any content
that infringes on or violates any copyright,
U.S. patent or any other third-party right;
and (iii) will not contain any content which
violates any applicable law, rule or regulation.
Webhost Galaxy shall have no obligations with respect
to the content available on or through any site
hosted on the Webhost Galaxy network, including, but
not limited to, any duty to review or monitor
any such content. Webhost Galaxy reserves the right to
block any site that violates any of the above-stated
terms, or which in Webhost Galaxy's sole discretion,
Webhost Galaxy deems objectionable or offensive, or otherwise
violates a law or Webhost Galaxy policy, or, in the alternative,
to terminate this Agreement in accordance with
Section 7.3 herein.
4.7 Compliance Laws. Client
agrees that it will use the Services only for
lawful purposes and in accordance with this
Agreement. Client will comply at all times with
all applicable laws and regulations and the
TOS, as updated by Webhost Galaxy from time to time.
The TOS are incorporated herein and made a part
hereof by this reference. Webhost Galaxy may change the
TOS, with notice, which notice may be provided
by posting such new TOS at the Webhost Galaxy Site. Client
may request a current copy of the TOS by sending
or faxing a request to Webhost Galaxy. Client agrees
that it has received, read and understands the
current version of the TOS.
4.8 Proprietary Rights. Unless
otherwise specified, all work performed hereunder
by Webhost Galaxy, is the property of Webhost Galaxy, and all
title and interest therein shall vest in Webhost Galaxy.
To the extent that title to any such works may
not, by operation of law, vest in Webhost Galaxy all
rights, title and interest therein are hereby
irrevocably assigned to Webhost Galaxy. All such materials
shall belong exclusively to Webhost Galaxy, and Webhost Galaxy
shall have the right to obtain and to hold in
its own name, copyrights, trademarks, registrations,
or such other protection as may be appropriate
to the subject matter; and any extensions and
renewals thereof. Client agrees to give Webhost Galaxy
and any person designated by Webhost Galaxy such reasonable
assistance, at Webhost Galaxy's expense, as is required
to perfect the rights defined in this paragraph.
4.9 Marketing Rights. Client
agrees that Webhost Galaxy may refer to Client, or Client's
business in Webhost Galaxy marketing materials, the Webhost Galaxy
website, and communication to Webhost Galaxy's current
and prospective clients. Client grants Webhost Galaxy
a limited license and permission to use any
Client trade name and/or trademark for such,
and only for such, purposes.
Web Host Galaxy reserves
the right to change or modify this SLA to benefit
the Client, and will post changes to location
currently housing this SLA at time of modification,
which will be made available to Client. Except
as set forth in this SLA, Web Host Galaxy makes
no claims regarding the availability or performance
of the Web Host Galaxy network or servers. Specific
terms/points of this SLA may be adjusted on
a case by case basis by the specific Service
Agreement signed/agreed by client. In case of
difference terms/points in SLA and Service Agreement,
the Service Agreement terms/points prevail over
this general SLA policy. The Service Agreement
signed/agreed by client, is above and beyond
this SLA, and Service Agreement terms are in
affect, including, but not limited to, limitations
of liability.
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