Web Hosting: Service Level Agreement & Acceptable Use Policy
Section 1: Definitions
- “Account” means the account held with Stratigus by the Client that is used for billing, contact information and details of the Service(s) assigned to the Client.
- “cPanel” refers to the shared web hosting Service control panel and “cPanel user” refers to the Clients Service on the shared web hosting cPanel server environment.
- “CloudLinux” means server-side software that monitors resources to ensure operation within set limits.
- “Monthly Downtime” is calculated over a 31-day month.
- “Client Service” means the relationship between Stratigus staff and the Client, with the purpose of assisting the Client with a question they have asked.
- “Client” means the person or entity who ordered our services.
- “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Client has signed up to use. This can include, but is not limited to, any Legacy Services, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, VPS and SMS services.
- “SLA” means Service Level Agreement (this agreement).
- “Stratigus” means Stratigus Pty Ltd (ABN 78641448026).
- “Support Ticket” refers to an electronic message (e.g. email, WhatsApp) sent by the Client to Stratigus for assistance or for any questions they may have with any Service(s).
- “Website Availability” means the percentage of time in a calendar month that the Service was available for access by third parties by HTTP (port 80) and/or HTTPS (port 443), as determined by Stratigus’s internal and external monitoring.
Service Level Agreement
Section 2: Our Goal
- Stratigus’s goal is to achieve 100% Web Site Availability for all Clients.
- Stratigus’s wholesale service provider maintains a fully redundant network, utilising enterprise grade Dell hardware, RAID disk mirroring and a variety of other technical implementations to achieve uptime goals.
Section 3: Remedy
- Subject to Sections 4 and 5 below, Stratigus will issue an account credit to the Client on a pro-rata monthly basis if the Web Site Availability of the Service is less than 100%, based on the following:
Website Availability Monthly Downtime Credit Percentage 100% to 99.9% Up to 44 minutes 0% 99.9% to 98% Between 44 minutes and 14 hours 52 minutes 15% 98% to 95% Between 14 hours 53 minutes and 37 hours 12 minutes 30% 95% to 90% Between 37 hours 13 minutes and 74 hours 24 minutes 65% Less than 90% More than 74 hours 25 minutes 100%
- The credit amount will be calculated on the monthly Service fee minus any discounts which have been applied.
- The Client will be notified by Stratigus by email in the event of a credit being available, which must be claimed by the Client replying to the email.
Section 4: Exceptions
- The Client will not be entitled to any remedy under this SLA if the Web Site Availability is reduced or impaired due to any exception named in this section of the agreement.
- Circumstances beyond Stratigus’s reasonable control, including but not limited to, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, Denial of Service attacks, or failure of third party software (including but not limited to cPanel, Installatron, RVSiteBuilder, management system, ecommerce software, payment gateways, statistics or free scripts).
- Scheduled maintenance or upgrades and emergency maintenance or upgrades as per Section 5 of this agreement.
- DNS propagation issues outside the direct control of Stratigus.
- Issues with FTP, POP3, IMAP, SMTP, SSH, cPanel or Webmail.
- SLA breaches reported by third party monitoring services belonging to the Client.
- Client’s acts or omissions (or acts or omissions of others engaged or authorised by Client), including but not limited to, custom scripting or coding (CGI, Perl, HTML, PHP, etc), any negligence, wilful misconduct, or use of the Service in breach of Stratigus’s Terms of Service and Acceptable Use Policy.
- CloudLinux making the Service unavailable due to excessive resource consumption.
- Email or webmail delivery and transmission.
- Outages elsewhere on the internet, DNS caching, browser caching, or any other reason that hinders access to your Service while others can still access it.
Section 5: Maintenance
- Stratigus’s wholesale service provider will perform scheduled maintenance at a time which is deemed suitable by it. These periods are not included in the website availability calculations.
- Unscheduled maintenance will be performed as required by Stratigus’s wholesale service provider. These periods are not included in the website availability calculations.
Section 6: Acceptance
- The Client signified acceptance of this Service Level Agreement upon signing up to our Service(s) through payment of invoice.
Section 7: Changes
- Stratigus may amend our Service Level Agreement at any time. Changes to this agreement will become effective upon their publication to our website.
- Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Service.
Acceptable Use Policy
Section 2: Acceptance
- The Client signified acceptance of the Acceptable Use Policy upon signup to Stratigus’s Service(s) via payment of invoice.
- The Client acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.
Section 3: Unacceptable Content and Material
- The Client may not publish, transmit, distribute, or store any content or material on Stratigus’s wholesale service provider’s servers or network that it believes:
- Constitutes child pornography;
- Is excessively violent or incites, threatens or implies violence;
- Contains harassing content or hate speech;
- Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in your state;
- Is defamatory or violates a person’s privacy;
- Creates a risk to a person’s safety, health or security;
- Compromises national security or interferes with an investigation by any law enforcement agency;
- Improperly exposes trade secrets or any other confidential or proprietary information of another person or business;
- Is intended to assist others in defeating technical copyright protection, which includes illegal file sharing and torrents;
- Clearly infringes on another person or businesses trade mark, patent or property;
- Promotes illegal drugs or violates import or export laws;
- Relates to illegal gambling or fire arms trafficking;
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to the Client or to Stratigus;
- Is otherwise malicious, fraudulent, or may result in retaliation against Stratigus by offended viewers.
Section 4: Prohibited Use
- cPanel web hosting Services may not be used for the following purpose:
- For storage of backup archives nor any data which is not directly related to and accessible through the website itself.
- For storage of email data exceeding 5GB in total per service; this total encompasses all email inboxes additional directories within the cPanel service including the default catchall email account.
- Services, including but not limited to cPanel web hosting Services may not be used for any of the following activities:
- IRC scripts or bots;
- Proxy scripts or anonymous browsing utilities;
- Image or file hosting scripts (similar to Photobucket, Rapidshare, etc);
- IP scanners;
- Pirated software or “warez” sites;
- Banner advertisement services;
- Lotteries, banking or investment sites (such as Pyramid or Ponzi schemes);
- Hacker focussed sites, archives or programs;
- Sale of any controlled substance without having the appropriate permits;
- Sites promoting illegal activities;
- Any game servers (such as Counter Strike, Half Life, etc);
- Any VoIP service primarily associated with game server communities (such as TeamSpeak);
- Any other purpose that Stratigus have deemed as unacceptable.
- Stratigus’s wholesale provider’s API may not be used to mass scrape data for availability checking or any other reason.
- Stratigus reserves the right to temporarily revoke user API access to resolve any issues with performance and reliability of the platform.
Section 5: Security
- The Client acknowledges that they are solely responsible for what is hosted from and stored in the Service.
- The Client agrees to keep all PHP and CGI scripts up to date with the latest release or stable versions as directed by the publisher or developer. Failure to do this may result in security vulnerabilities leading to your Service being compromised, defaced or destroyed.
- The Client warrants that their Service usernames and passwords will be kept in a safe and secure location at all times, and that they will not use dictionary words or consecutive strings as a password.
- The Client agrees to keep all file and folder permissions set correctly.
Section 6: Excessive Resource Usage
- CloudLinux CPU core, RAM allocations, I/O usage, Processes and inodes count limits apply to all cPanel web hosting Services. Any Service which exceeds these limits will automatically display a “503 Service Temporarily Unavailable” message to all visitors until the resource usage falls below the assigned limits.
- For all cPanel web hosting Services, the Client may not:
- Perform any task which unreasonably consumes server resources leading to degradation of the shared hosting server environment for other Clients;
- Perform any task which generates high IO Load;
- Consume large amounts of system memory;
- Execute a script which takes longer than 180 seconds to complete;
- Operate a script which does not close MySQL connections upon completion;
- Run any server-side or stand-alone processes or daemons;
- Run any bit torrent applications, trackers or clients;
- Run any web spiders of indexers;
- Run cron entries with intervals less than 15 minutes;
- Use PHP includes that call the full URL instead of a local file (eg. include(http://domainname.com/file.php) instead of using include(“file.php”));
- For all cPanel web hosting Services, the Client must request permission from Stratigus and supply a valid reason before using any of the following commands in scripts, SSH or via any other means:
- tracert, traceroute or traceroute6;
- ping or ping6;
- Stratigus reserves the right to suspend any service utilising excessive network resources, and reserves the right to charge additional usage fees for excessive usage. Stratigus may make reasonable attempts to notify the Client at the time of suspension, however, notification is not guaranteed and the Client should ensure they are compliant with all policies.
Section 7: Backups
- The Client warrants they will maintain a local or off-site backup of their Service data at all times.
- Stratigus will not be held liable for data loss under any circumstances and it is the Clients’ sole responsibility to ensure that they have a backup of all data.
Section 8: Spam and Bulk Email
- The Client warrants that they will not knowingly use the Service for sending any unsolicited email or any unsolicited bulk email (commonly known as spam).
- The Client may not use any purchased email list for individual or bulk email sending.
- Stratigus’s wholesale service provider assigns a limit of 1,000 outbound emails per domain per hour on cPanel web hosting services (unless specified). Any Client who attempts to send more than the allowed amount will receive an undeliverable message for up to one (1) hour after the limit has been reached. All email over the limit will be discarded.
- The Client agrees that all mailing list applications, including but not limited to Mailman, will have no more than 4,000 individual email addresses per list per domain.
- The Client warrants that all mailing lists used are “opt-in” by the recipient, and all recipients in the list have consented to being on the list.
- The Client warrants that all commercial emails sent contain an appropriate mechanism for the recipient to “opt-out” of the list.
- The Client warrants that all email sent, either individually or bulk, complies with the Australian Spam Act 2003, the United States CAN-SPAM Act 2003 and any other relevant Spam-related legislation that may be created or amended from time to time.
Section 9: Non-compliance and remedy
- Any Service(s) that are found to be in breach of this policy but have not caused any known inconvenience to other Clients (and customers of Stratigus’s wholesale service providers) will result in an email being sent to the Client asking for changes to be made in order to comply with this policy and two (2) days to make the changes. The Client is required to acknowledge this email and advise Stratigus what actions have been taken to remedy the breach. Failure to comply may result in the Service(s) being suspended without additional warning.
- Any Service(s) that are found to be in breach of this policy that have caused issues and/or degradation of service for other Clients (and customers of Stratigus’s wholesale service providers), will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Client has acknowledged the breach and agreed in writing to remedy the breach.
- Any Service(s) that are found to be in breach of this policy and have recorded a prior breach within three (3) months of the new breach will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Client has acknowledged the breach and agreed in writing to remedy the breach, and a $99.95 re-activation fee has been paid in full.
- Any Service(s) that are found to be in breach of this policy and have recorded two (2) prior breaches within three (3) months of the new breach, will result in immediate suspension followed by an email advising that the Service(s) must be moved to another provider immediately. Stratigus will supply the Client with a backup archive of their files if available, and termination of the service will occur within seven (7) days. If the Client does not respond to this notice, the Service(s) will be automatically terminated in thirty (30) days.
- Suspension advisory emails (as detailed in 9.1 to 9.4) will be sent to the nominated account holder email address. We recommend using an externally hosted email address to ensure continued delivery of important service information and notifications.
- The Client will be solely liable for any fees or charges that are paid by Stratigus to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Client breaching this policy.
- The Client will not be entitled to a refund if any of Stratigus’s (and its wholesale service provider’s) Terms, Policies and Agreements have been breached.
Section 10: Changes
- Stratigus may amend our Acceptable Use Policy at any time. Changes to this agreement will become effective upon their publication to our website, and furthermore, continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Service(s).