Netricks Hosting's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Netricks Hosting expects of them while using the service. All users of Netricks Hosting's web hosting services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of Netricks Hosting's Services constitutes acceptance and agreement to Netricks Hosting's AUP as well as Netricks Hosting's TOS (Terms of Service)
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Netricks Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Netricks Hosting web hosting account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of Netricks Hosting's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Netricks Hosting's AUP:
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Ensure reliable service to our customers
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Ensure security and privacy of our systems and network, as well as the networks and systems of others
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Comply with existing laws
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Maintain our reputation as a responsible service provider
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Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
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Preserve the value of Internet resources as a conduit for free expression and exchange of information
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Preserve the privacy and security of individual users
While Netricks Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Netricks Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of Netricks Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your web hosting account to publish material, which Netricks Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a Netricks Hosting account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your hosted web site responsibly. If you have any questions regarding this policy, please contact us at info@netricks.com.
VIOLATIONS OF NETRICKS HOSTING'S ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
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Illegal use: Netricks Hosting's services may not be used for illegal purposes, or in support of illegal activities. Netricks Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
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Illegal content: You may not host and/or store illegal content on Netricks Hosting's server. Such content includes (but is not limited to) Media files such as MP3, MPEG or AVI files that you do not hold a copyright to and any type of 'Warez'. Keeping these types of files on the server can result in the immediate termination of your account without refund.
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Harm to minors: Use of Netricks Hosting's services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
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Threats: Use of Netricks Hosting's services to transmit any material (by e-mail, uploading or otherwise) that threatens or encourages bodily harm or destruction of property.
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Harassment: Use of Netricks Hosting's services to transmit any material (by e-mail, uploading or otherwise) that harasses another.
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Fraudulent activity: Use of Netricks Hosting's services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
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Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
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Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of Netricks Hosting's services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Netricks Hosting account. Also, damages in the amount of no less than $250 per occurrence will be charged to your Credit Card or billed to you.
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E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Netricks Hosting account.
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E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through Netricks Hosting's service is in violation of this AUP.
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Unauthorized access: Use of Netricks Hosting's services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Netricks Hosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Netricks Hosting account is subject to immediate termination.
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Copyright or trademark infringement: Use of Netricks Hosting's services to transmit any material (by e-mail, uploading or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
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Collection of personal data: Use of Netricks Hosting's services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
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Network disruptions and unfriendly activity: Use of Netricks Hosting's services for any activity which affects the ability of other people or systems to use Netricks Hosting's Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Netricks Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
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Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
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Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
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Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
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Third Party Accountability: Netricks Hosting's subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
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IRC Services: We do not allow IRC Servers or IRC bots on the network, as they are attractors for DoS attacks.
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Shell (SSH) Accounts: We offer shell accounts to our customers on an as-needed/as-requested basis. They are there to allow our customers with more in-depth knowledge of linux to work in a command line environment. Any abuse of these privileges will result in termination of SSH abilities. Abuse includes (but is not limited to) keeping a constant connection open that uses too many server resources. That being said, we do not normally monitor what goes on in each account, but instead monitor the server as a whole. Any discrepancies in normal server operations will be noted and investigated.
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Development on Servers: We do not specifically disallow development on the servers, but as with other SSH type activities, if the development causes undue stress on the server (due to compiling, etc), your SSH access can be disabled.
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Violation Of Netricks Hosting's Web Hosting Accounts: It is absolutely forbidden to host pornographic content on Web Hosting Accounts. Web Hosting Accounts found hosting this material will be subject to immediate cancellation without refund.
Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
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Your password provides access to your account. It is your responsibility to keep your password secure.
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Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
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Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
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You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
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You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
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You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
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Users who violate systems or network security may incur criminal or civil liability. Netricks Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Performance
Netricks Hosting accounts operate on shared resources, unless otherwise stated in a contract. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Netricks Hosting's systems or networks. Netricks Hosting reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF Netricks Hosting's AUP
Netricks Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at info@netricks.com.
If available, please provide the following information:
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The IP address used to commit the alleged violation
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The date and time of the alleged violation, including the time zone or offset from GMT
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Evidence of the alleged violation
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E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
Netricks Hosting may take any one or more of the following actions in response to complaints:
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Issue written or verbal warnings
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Suspend the Member's account
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Terminate the Member's account
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Bill the Member for administrative costs and/or reactivation charges
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Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Netricks Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
Copyright 2005 Netricks Hosting
TOS (Terms of Service)
Netricks Hosting ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Netricks Hosting's Services constitutes acceptance and agreement to Netricks Hosting's AUP as well as Netricks Hosting's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Netricks Hosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of California, county of Fresno applicable to contracts enforceable in that state. Venue will be Fresno County, California.
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Netricks Hosting shall have the right to terminate all service set forth in this Agreement.
Support Boundaries:
Netricks Hosting, provides 24 x 7 server monitoring for our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Netricks Hosting provides support related to your web hosting account physical functioning. Netricks Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Netricks Hosting does not provide technical support for YOUR customers (if you are a reseller). If you can email, we encourage you to email info@netricks.com.com for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
SPAM and Unsolicited Commercial Email (UCE):
Netricks Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Netricks Hosting may not use or permit others to use our network to transact in UCE. Customers of Netricks Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
a. Violation of Netricks Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Netricks Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Netricks Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Netricks Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Netricks Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Netricks Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $105 per hour that Netricks Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over Netricks Hosting's network (for reseller accounts), it is advisable that Customers develop a similar, or stricter, policy for their clients.
Network
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Netricks Hosting will monitor Customer's bandwidth and disk usage. Netricks Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Netricks Hosting's sole and absolute discretion. If Netricks Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Netricks Hosting may, at its sole discretion, collect a deposit, in an amount determined by Netricks Hosting, against customer's credit card on file with Netricks Hosting.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of Netricks Hosting Network. Violations of system or network security may result in civil or criminal liability. Netricks Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation:
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Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
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Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
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Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
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Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
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Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
a. Netricks Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which Netricks Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Netricks Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that Netricks Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d. We reserve the right, to the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation:
Netricks Hosting reserves the right to suspend network access to any customer if in the judgment of Netricks Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Netricks Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Netricks Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Netricks Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Indemnification: Netricks Hosting wishes to emphasize that in agreeing to Netricks Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Netricks Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Netricks Hosting or the bringing of any claim against Netricks Hosting by any third-party. This means that if Netricks Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Netricks Hosting, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c. Netricks Hosting takes no responsibility for any material input by others and not posted to Netricks Hosting Network by Netricks Hosting. Netricks Hosting is not responsible for the content of any other websites linked to Netricks Hosting Network; links are provided as Internet navigation tools only. Netricks Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
d. Netricks Hosting is not responsible for any damages your business may suffer. Netricks Hosting does not make implied or written warranties for any of our services. Netricks Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Netricks Hosting.
e. It is absolutely forbidden to host pornographic content or IRC servers on web hosting accounts. Web hosting accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content:
You, as Netricks Hosting's customer, are solely responsible for the content stored on and served by your Netricks Hosting web hosting account.
Uptime Guarantee:
Our 99.9% Uptime Guarantee only applies to things that are within our control, specifically server hardware and software. We will occasionally have planned outages (generally of only a few minutes) for reboots due to software upgrades/patches, and we will post notice about these outages in the News and Announcements section of our Forum. These small outages will not count against the Guaranteed uptime. Additionally, we cannot be responsible for network issues that are out of our control. These issues include, but are not limited to, router failures 'in the internet', routing problems between your site and the server and speed problems/outages caused by DDOS attacks. We are also not responsible for outages to your web site(s) caused by mis-configuration of any of your web pages. There are no refunds for downtime on the $19.95 per year accounts, although these sites are hosted on the same servers as our other accounts, so no additional downtime is to be expected.
a. Customer Responsibility: Your responsibility is to inform Netricks Hosting of your outage within 48 hours. Netricks Hosting will research the outage, and if it is found to have been Netricks Hosting's fault, you will receive a refund as listed in the schedule below. If the outage is not reported within 48 hours, Netricks Hosting is under no obligation for a refund.
b. Refund Schedule: If your uptime falls between 99.9% and 98% during any calendar month, Netricks hosting will refund you 25% of your monthly hosting fee. If the uptime falls between 98% and 95% during any calendar month, Netricks Hosting will refund you 50% of your monthly hosting fee. If uptime falls between 95% and 90% during any calendar month, Netricks Hosting will refund you 75% of your monthly hosing fee. If uptime falls below 90% for the month, Netricks Hosting will refund you 100% of your monthly hosting fee.
Thank you for becoming a Netricks Hosting Client. We appreciate your business.
Greg Richburg
CEO
Netricks, Inc.
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