Service Legal Agreement

Acceptable Use Policy

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Service Legal Agreement


Violation of the Acceptable Use Policy in part or whole may result in suspension or partial suspension of the service or in cases of a severe or repeat violation termination of the service.

GoZen Host Acceptable Use Policy is incorporated as part of the overall Terms of Service Agreement. You must agree in full to the Terms of Service Agreement prior to using the service.

Prohibited Resource Use


Users may not

  • Run any process that requires more than 128MB of memory space or uses more than 30 CPU seconds. This limitation does not apply to Managed Virtual Server (MVS) or Managed Server accounts.
  • Consume more than an average of 2% of overall server resources over a 24 hour period. E.g. — Consuming more than 30 minutes of CPU time would exceed 2% CPU usage over a 24 hour period. This limitation does not apply to Managed Virtual Server (MVS) or Managed Server accounts.
  • Run any type of interactive chat software that requires server resources. Remotely-hosted services are allowed. This limitation does not apply to Managed Virtual Server (MVS) or Managed Server accounts.
  • Run background processes at any point in time on the server. This limitation does not apply to Managed Virtual Server (MVS) or Managed Server accounts.
  • Run any cron jobs or scheduled tasks more than once per five (5) minute period. This limitation does not apply to Managed Virtual Server (MVS) or Managed Server accounts.
  • Run any software that interacts with an Internet Relay Chat (IRC) network.
  • Run any type of security, port or vulnerability scan or conduct load or benchmark testing either directly or indirectly. This limitation does not apply to Managed Virtual Server (MVS) or Managed Server accounts.
  • Run any process which interacts with the MySQL database service using persistent connections. This limitation does not apply to Managed Virtual Server (MVS) or Managed Server accounts.

Prohibited Material


GoZEN HOST does not allow any of the following to be hosted

  • Illegal Material – Includes transmission, distribution or storage of any material in violation of any applicable law or regulation. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization or material that violates export control laws.
  • Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of GOZEN.
  • Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, and encrypted or password protected versions of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
  • Vulnerable Scripts – Includes scripts (inclusive of all extensions, add-ons or plug-ins) with known security vulnerabilities. E.g. – An outdated Joomla, WordPress or Drupal install. Customer must keep all scripts hosted under their account up-to-date and properly secured.
  • Other Material – Includes material that is obscene, indecent, defamatory, or constitutes an illegal threat. Also includes material GOZEN Host feels to be abusive or could affect the operation of the service or affect other users of the Internet.

ZERO TOLERANCE SPAM POLICY

  • GoZen Host takes a zero tolerance stance against the sending of unsolicited email.
  • Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to GoZen upon request.
  • If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited.
  • Users are prohibited from operating mailing lists that do not target an audience that has voluntarily signed up for email information using an opt-in process.
  • Any mailing list must also allow any party on the list to remove itself automatically and permanently and be operated in accordance with any applicable law or regulation.

NO High Risk Use


You may not use Services provided by GoZEN Host in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.

Server Uptime Guarantee


GOZEN Host LLC guarantees 99.99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

GOZEN Host LLC reserves the right to amend any or all of the above policies, guidelines, and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

 


SLA credits will be awarded as follows

  • Should service interruption exceed that first fifteen minute period for a particular service, a five percent credit will be awarded to the client for each one hour period of cumulative downtime thereafter for that service.
  • Credits are awarded on a per service basis, meaning each billing service is considered a unique SLA credit and awarded accordingly. The service interruption accrued by an individual server is considered independent of that accrued by another server and, as such, credited independent of any other interrupted services.
  • GOZEN HOST LLC provides also unmanaged services. As a result, we do not actively monitor downtime of unmanaged individual devices, and as such, GOZEN HOST LLC will not be held liable for unreported downtime in situations where the downtime is isolated to a single customer. In the event that the customer takes longer than one hour to report downtime, the customer forfeits the SLA credit for time prior to one hour before submitting the ticket.

Additional Conditions

  • SLA credits shall not exceed 100% of the monthly recurring fees associated with the service credited.
  • Service interruption that is caused by equipment and/or events that are the effect of or under the control of the client.
  • No part of this agreement shall cover loss of power or network as a result of the client’s utilization of remote power or network management tools that may be made available to them by GOZEN HOST LLC.
  • No part of this agreement covers service interruption that is caused by one or more devices on our network being the target or source of a DoS, DDoS, or other form of malicious attack.
  • No part of this agreement covers outages or other service interruption that is caused by scheduled or emergency network and systems maintenance.
  • Billing related service interruptions are not eligible unless they are a result of human error by a representative of GOZEN HOST LLC. Services experiencing billing related downtime as a result of the action or inaction of an automated system (such as a PayPal subscription) are ineligible for SLA credits.
  • Service interruptions that are caused by the misconfiguration or mismanagement of the customer (e.g. an incorrect network configuration on the device) are not eligible.

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