DediVPSHosting: Service Level Agreement

Service Level Agreement

READ THIS AGREEMENT CAREFULLY BEFORE USING ANY DEDIVPSHOSTING SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (referred to herein as "Customer") AND DEDIVPSHOSTING.

Please note that this agreement is subjected to change and it is Customer's responsibility to regularly check for modifications. If Customer signed up for the Service before the Posted/Revised date listed above, the new version will become effective thirty (30) days after the Posted/Revised date listed above. Continued use of the Service constitutes acceptance to the new version of this agreement.

	Hardware DEDIVPSHOSTING stand behind our servers with an "unlimited free replacement warranty" for ALL leased or rented systems, including individual parts ordered as upgrades from DEDIVPSHOSTING. Repair will start upon our identification of the hardware failure and will be completed within 2 hours from problem identification. If faulty hardware replacement takes more than 2 hours, customer will be refunded twice the amount of downtime incurred or 10% of monthly fee whichever one is lower.
	Network Up-Time DEDIVPSHOSTING guarantees network availability of 99.99% in a given year, excluding scheduled maintenance. Network is considered unavailable if there is a 100% packet loss from DEDIVPSHOSTING to its backbone providers. We will credit customers 5% of the monthly fee for each occurrence of downtime more than 2 hours. Network infrastructure is all equipments from the cable connected to the server's NIC to the backbone provider, and includes routers, switches and cabling.
	Customer Support We provide 24 hours customer support and this include options of helping customers to manage their servers. Any extra work which is not included in our terms may be billed at DEDIVPSHOSTING's discretion.
	30 days Money Back & Cancellation Policy To ensure 100% customer satisfaction, we provides 30 days money back guaranteed from the commencement date. Shared Hosting Account - Guarantee applies to first time purchasers only. - 30 Day period begins when hosting login information is received.. - Refund will be provided only if customer experiences technical problems caused or related to items 100% controlled by DediVPSHosting. - Refund is granted by DediVPSHosting's sole discretion. - Refund decisions made by DediVPSHosting are final. Dedicated Server & VPS Account - Guarantee applies to first time purchasers only. - 30 Day period begins when customer receives server login information. - Refund will be provided only if customer experiences technical problems caused or related to items 100% controlled by DediVPSHosting. - Refunds are not given for downtime caused by customer actions or 3rd party software. - Refund does not include any software such as control panel or items bundled together with the server. - Amount refunded will be setup fees and first months hosting service, minus USD90 restocking fee.
	Acceptable Use Customer will adhere to the AUP and Privacy Policies and will not allow the Services or DediVPSHosting equipment to be used for activities prohibited by such policies. DediVPSHosting may revise the AUP from time to time by posting a new version thereof on the DediVPSHosting Website, and Customer is responsible for awareness of such revisions. In the event of any conflict between the AUP or the Privacy Policy and this Agreement, this Agreement will govern.
	Disclaimers and Warranties DEDIVPSHOSTING'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DediVPSHosting DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DediVPSHosting MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY DediVPSHosting OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY. DEDIVPSHOSTING WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF DediVPSHosting WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. DEDIVPSHOSTING'S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. DEDIVPSHOSTING WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i) OTHER DediVPSHosting CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER'S DATA OR ASSIGNED COMPUTERS; (ii) SECURITY BREACHES; (iii) EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS; (v) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING DediVPSHosting'S SERVICE; (vi) CUSTOMER'S RELIANCE ON OR USE OF THE SERVICE; (vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE; (viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR (ix) LOSS OF DATA OR LOSS OF ACCESS TO DATA. DEDIVPSHOSTING'S LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY EQUALLY TO DediVPSHosting'S OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUPPLIERS, SUBSIDIARIES, PARENTS, AND AFFILIATED COMPANIES.