Service Level Agreement
(“SLA”)

(a) Fees. Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Dailyhosting.net may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Dailyhosting.net to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Dailyhosting.net will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 3rd day following invoice date, but in no event earlier than the first day of each billing cycle. Payments must be made in United States dollars. Customer is responsible for providing Dailyhosting.net with changes to billing information (such as credit card expiration, change in billing address). Dailyhosting.net may suspend the service without notice if payment for the service is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay Dailyhosting.net’s reasonable reinstatement fee ($10.00) following a suspension of service for non-payment that exceed 24 hours, and to pay Dailyhosting.net’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

(b) Fee Increases. Dailyhosting.net may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least 7 (7) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

(c) Taxes. At Dailyhosting.net’s request Customer shall remit to Dailyhosting.net all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on (Dailyhosting.net), regardless of whether Dailyhosting.net fails to collect the tax at the time the related services are provided.

(d) Early Termination. Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Dailyhosting.net terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Dailyhosting.net’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

(e) Refunds. We offer a thirty (30) day money back guarantee so that you can be sure of your hosting decision. If, at any time within the thirty days after your initial account setup, you feel that you are unsatisfied with Dailyhosting.net and it's services, you can cancel your hosting account and we will refund your money. Refunds are processed in the same manner payment was made and may take up to 7-10 business days to complete. If for some reason your account was terminated for violating TOS (Terms of Services) no refund is given. Refunds are not given on domain registrations, SSL Certificates and/or unique IP orders. All cancellations are based on Month to Month. For example: Chris Jones cancels after 3 weeks on a 12 Month Basic package. Chris Jones' refund is given for 11 months. No refund is given for the current month as refunds are on a prorated Monthly basis not Weekly basis.

(f) Reinstatement fees. You will incur a $10.00 charge when your account has become suspended due to non-payment. This must be paid before your account can be activated on our servers regardless if you pay the invoice. We will not reinstate acocunts that have broken the terms of this agreement.

If your account remains in the suspended mode for more than 30 days we will remove your account (including all files) from our servers. Dailyhosting.net is not responsible for the loss of clients files as described in section 12 (Back up Copy).

Customer agrees to use the service in compliance with applicable law and Dailyhosting.net’s Acceptable Use Policy posted at http://www.dailyhosting.net/aup.html (“AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Dailyhosting.net may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Dailyhosting.net’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Dailyhosting.net’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Dailyhosting.net and Customer regarding the interpretation of the AUP, Dailyhosting.net’s commercially reasonable interpretation of the AUP shall govern.

Customer represents and warrants to Dailyhosting.net that the information he, she or it has provided and will provide to Dailyhosting.net for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Dailyhosting.net that he or she is at least 18 years of age. Dailyhosting.net may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

Customer agrees to indemnify and hold harmless Dailyhosting.net , Dailyhosting.net’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

Dailyhosting.net DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Dailyhosting.net DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Dailyhosting.net AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

(a) Suspension. Customer agrees that Dailyhosting.net may suspend services to Customer without notice and without liability if: (i) Dailyhosting.net reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Dailyhosting.net reasonably believes that the suspension of service is necessary to protect its network or its other customers; (iv) to investigate an abuse report, or (v) as requested by a law enforcement or regulatory agency. Customer shall pay Dailyhosting.net’s reasonable reinstatement fee if service is reinstated following a suspension of service under this subsection.

(b) Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Dailyhosting.net fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within seven (7) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Dailyhosting.net prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon seven (7) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within one (1) day of a written notice from Dailyhosting.net describing the violation in reasonable detail; (iii) upon one (1) day notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon seven (7) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

(c) DNS Resolver. All accounts are monitored 24 hours a day to insure your DNS resolves to our servers. Upon activation of your account on our servers you have seven (7) days to update your DNS (Nameservers) to the information provided in the initial welcome e-mail. If such actions are not taken your account on the eighth (8) day will be placed in suspension mode unless prior to the eighth (8) day we are notified why the DNS can not be updated. Any account that becomes unresolved from our servers after the initial DNS had resolved will be suspended immediately. Our temporary account URL provided upon account activation may only be used for the first 7 days once the account has been activated. Failure to discontinue use will result in account suspension.

If your account remains in the suspended mode for more than 7 days we will remove your account (including all files) from our servers. Dailyhosting.net is not responsible for the loss of clients files as described in section 12 (Back up Copy).

(a) Content. Sites that promote any illegal activity or present content that may be damaging our servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software hacker programs or archives, warez sites. Mere possession of any scripts related to hacking, sniffing, or smurfing will lead to an effort on our part to track your destination and prosecute to the full extent of the law.

(b) Illegal Use. Dailyhosting.net servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites and IRC bots.

(c) Tortuous Conduct. No one shall post unlawful or defamatory information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

(d) IRC. IRC or IRC bots are strictly forbidden on any of Dailyhosting.net's servers.

(e) Resources. If at any time your site consumes 20% or more of our systems resources you will be contacted to resolve the problem. If the problem can not be rectified immediately, the clients account may be suspended and/or terminated at Dailyhosting.net’s sole discretion.

(f) Child Pornography. Dailyhosting.net will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over Dailyhosting.net's network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act should be reported to the U.S. Customs Agency at 1-800-BEALERT.

(g) File Hosting. File hosting is strictly prohibited on any and all servers within Dailyhosting.net network. Our services are strictly offered for website hosting only.

The target up-time for primary services is 99.9% each month. The service level guarantee will be measured by Dailyhosting.net and is based on the up-time. If Dailyhosting.net determines that primary services were unavailable for a period exceeding the maximum allowable under the prescribed up-time target, upon the customers request, Dailyhosting.net will credit the customers monthly invoice the prorated charges of the relevant percentage as described on http://www.dailyhosting.net/uptime_guarantee.html. To receive credit if this guarantee has not been met, the customer must contact Dailyhosting.net within thirty (30) days of the end of the month for which credit is requested. Annual terms will be divided by 12 on which the refund for the uptime will be based on.

Customer agrees that Dailyhosting.net may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Dailyhosting.net believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Customer agrees to maintain a current copy of all content hosted by Dailyhosting.net notwithstanding any agreement by Dailyhosting.net to provide back up services. The DAILY backups are performed as a goodwill gesture and should not be relied on.

Upgrades and other changes in Dailyhosting.net’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Dailyhosting.net reserves the right to change its network in its commercially reasonable discretion, and Dailyhosting.net shall not be liable for any resulting harm to Customer.

Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Dailyhosting.net shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Dailyhosting.net’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Dailyhosting.net unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Dailyhosting.net’s prior written consent. Dailyhosting.net’s approval for assignment is contingent on the assignee meeting Dailyhosting.net’s credit approval criteria. Dailyhosting.net may assign the Agreement in whole or in part.

 

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