SSD CLOUD (A Subsidiary of INSIGHT TECHNOLOGY LLC) and its affiliates provide products and services to clients all around the world. SSD CLOUD has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services.
If you visit, shop, or use any of our products and services at SSD CLOUD, you accept these conditions. Please read them carefully. In addition, when you use any current or future SSD CLOUD products and services or visit or purchase from any business affiliated with INSIGHT, whether or not included in the SSD CLOUD Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
SSD CLOUD and its affiliates provide products and services to clients all around the world. SSD CLOUD has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services.
If you visit, shop, or use any of our products and services at SSD CLOUD, you accept these conditions. Please read them carefully. In addition, when you use any current or future SSD CLOUD products and services or visit or purchase from any business affiliated with SSD CLOUD, whether or not included in the SSD CLOUD Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
DEFINITIONS USED IN THIS DOCUMENT "SSD CLOUD" "INSIGHT TECHNOLOGY LLC", "INSIGHT" "INSIGHT TECHNOLOGY" and "We" are defined as the SSD CLOUD, or its Parent company INSIGHT TECHNOLOGY LLC. "The customer", "SSD CLOUD's customers," and "You" are defined as patrons of SSD CLOUD or INSIGHT TECHNOLOGY LLC. "This site" is defined as any website that is owned, operated or otherwise directly or indirectly maintained by INSIGHT TECHNOLOGY LLC. "Service" and "Product" are interchangeable, and defined as any merchandise or commercial offering of SSD CLOUD. The term "spam" is used as it is currently defined by the Federal Trade Commission.
ELECTRONIC COMMUNICATIONS When you visit SSD CLOUD or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. CONTENT
All products and services provided by SSD CLOUD may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. You agree to indemnify and hold harmless INSIGHT from any claims resulting from the use of the service which directly or indirectly damages any other party. COMMERCIAL ADVERTISING AND BULK EMAIL SSD CLOUD takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of SSD CLOUD may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of INSIGHT may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.
In addition to U.S. Federal Trade Commission (FTC) definitions, SPAM is further defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. INSIGHT will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network. Users who: Maintain email lists Send emails to more than 10 recipients at a time Send more than 1,000 emails in a 30-day period ...must maintain complete and accurate records of all consents and opt-ins and provide such records to INSIGHT upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, INSIGHT will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.
Other prohibited activities related to email include, without limitation:
Use of SSD CLOUD Network for the receipt of replies to unsolicited mass e-mail Forgery of e-mail headers ("spoofing")
Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software
Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers) Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising") Hosting web pages or providing services that support bulk emailers or SPAM
Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages Configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails
Use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails. DOS & DDOS INCIDENT FEES Any website, server, service, or client who hosts, promotes, instigates, or gives cause or access in any form to cause a Denial of Service attack (DoS) or Distributed Denial of Service attack (DDoS) shall be responsible for the billable time of staff and mitigation services at $85 per hour, the cost of excessive bandwidth or other resource consumption, and a per-incident fee of $250. Services may remain suspended or offline until such time that these fees are paid, infull, or alternate terms are agreed to by our billing department during normal business hours. Customers subscribed to our DoS & DDoS filtering plans shall be exempt from these fees unless the combined number of incidents or combined incident bandwidth consumption exceeds the limits as defined in said customers filtering plan.
SERVICE LEVEL AGREEMENT ("SLA")
2. Service Level Agreement: Our current Service Level Agreement (SLA) is as follows:
(a) UNMANAGED SERVICES : Our 24 hour on site staff will respond to tickets regarding server hardware and network related issues only. Clients are required to manage their own data backups and all software aspects of the server including operating system configuration beyond a base OS install. Any OS install erases your data. You are responsible for backing up your data before requesting any OS change.
(b) Server Availability: We strive to and anticipate that our Service will be available to you most of the time.
(c) Service Disruption: A Service disruption occurs when your server is completely offline for more than 15 minutes due to an unplanned fault in our networking or power infrastructure.
(d) Hardware Disruptions: Disruptions caused by the hardware or software of the server itself are not covered by this SLA.
(e) Planned Disruption: Disruptions caused by planned or unplanned maintenance are not covered by this SLA.
(f) Security Disruptions: Disruptions caused as a result of actions taken by our abuse/security department are not covered under this SLA.
(g) Unplanned Disruption & compensation: In the event that there is an unplanned Service disruption, you may open a support ticket and request an Account credit to be issued for a prorated amount of your monthly invoice amount equal to the time of the Service disruption. For example: If you pay $180 per month for your server and it is unavailable for 24 hours (during a 30 day month) due to an unplanned service outage, you may request an account credit for $6. You understand that this is your sole remedy for an unplanned service outage.
3. Changes to the SLA: We may add, change or discontinue our Service Level Agreement from time to time in accordance with the Terms of this Agreement.REVERSE DNS / RDNS / PTR
PAYMENT AND BILLING
You agree to pay INSIGHT for Products and Services without deduction, or delay for any reason. At any time, INSIGHT may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize INSIGHT to investigate your credit history at any time and to share credit information about you with credit reporting agencies. Payment of all charges is due within three (3) days after the date of invoice, in U.S. currency. Invoices are issued seven (7) days prior to subscription renewal dates (if you bill on the 15th of the month, an invoice is generated on the 8th of the month and must be paid in full by the 15th of the month). Past due accounts that receive payments will have those payments applied to the oldest past due invoices first. Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. You will be responsible for reimbursing INSIGHT for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection late fee of THIRTY FIVE DOLLARS ($35) may be applied for each service in the overdue invoice. Accounts not paid in full within fourteen (14) days of the invoice due date may be terminated and any past due invoices turned over to our collections service with an additional collections fee of SEVENTY NINE DOLLARS ($79) will be applied in addition to any past due balance and/or late fees.
If you dispute charges on your bill, you must notify INSIGHT in writing of the dispute within sixty days of the date on the affected bill, or else you waive the dispute.
You hereby agree to being billed for your service(s) on an automatic renewal basis and your service(s) will continue to be billed until cancelled by you pursuant to the terms of these Terms of Service. All payment periods are for the full period. Example: If you pay for a service on a monthly basis, the service shall remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full month and no prorated amount shall be refunded should you decide to cancel the service prior to the end of the billing period. If you pay for a service annually, the service will remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full period even if you decide to cancel said service prior to the end of the billing period. ONLY ON ANNUAL CONTRACTS: Should you cancel an annual contract prior to the end of the full term, prorated refunds may be granted and shall be calculated based upon converting the service back to the normal monthly rate and applying a $175.00 (one hundred seventy five dollar) early termination fee. If the termination fee exceeds the amount of the prorated refund, no refund shall be issued.
Upon the expiration or termination of a Service Order/Agreement/Contract under which space/server is made available to Customer, Customer will surrender the applicable Space/server to SSD Cloud (hereinafter referred to as "Company") and, within thirty (30) days after the date of such expiration or termination, return the Space to Company in the same condition as it was originally delivered to Customer, reasonable wear and tear excepted. Customer will remove the Equipment from the Space and the Facility and will fully repair any damage to the Facility caused by Customer, including, without limitation, any damage resulting from Customer's removal of the Equipment from the Space. Any Equipment and/or personal property of Customer not removed within thirty (30) days after the date of expiration or termination of the applicable Service Order will, at Company's option, conclusively be deemed to have been abandoned by Customer. Company may, upon written notice to Customer, apportion, sell, use, store, destroy, or otherwise dispose of the Equipment or Customer's personal property without liability to Customer or any other person or entity. Customer will pay all expenses and costs incurred in connection with Company's disposition of the Equipment and Customer's personal property, including, without limitation, the cost of restoring the Facility to its original condition and of removing the Equipment or Customer's personal property from the Facility. Should Customer wish to leave Equipment at SSD Cloud for an indefinite period, Customer may do so at a rate of $50.00 (fifty dollars USD) per 1U of space occupied.
TAXES AND REGULATORY SURCHARGES
Rates outlined on attached order forms are exclusive of any applicable taxes. You are responsible for all taxes, gross receipts taxes, fees and surcharges relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent that you provide SSD Cloud with a valid tax exemption certificate before SSD Cloud provides Services to you. You are responsible for payment of any and all state, federal, or international surcharges.
SSD Cloud offers multiple flexible bandwidth packages on all web hosting and service plans. Hosting and Service Plans with Un-Metered Bandwidth provides you with a network port locked at a specific Un-Metered Bandwidth speed (for example, Un-Metered 10 Mbps means your server has a 10 Mbps port) and you can use that network port during the entire billing period without any bandwidth over-usage fees. Hosting and Service Plans with Total Monthly Bandwidth allotment plans (such as 1000 GB per month) allow you to push traffic at very high speeds (Up to 100 Mbit or higher, depending on your server's port speed) over our Premium Network. The bandwidth is calculated 50/50 between inbound and outbound usage. For example, on a 1000 GB plan, your hosting plan can transmit up to a total of 500 GB of data per month and receive up to 500 GB of data per month. Usage levels over your included bandwidth are billed monthly at the rate of $0.50 per GB. If you exceed or are about to exceed your monthly allotted bandwidth during any billing cycle, we reserve the right to limit network access, bill for estimated overage in advance, or suspend service until payment for the bandwidth overage is completed.FAIR USAGE AND EXCESSIVE RESOURCE USAGE POLICY
SSD Cloud provides this section to detail additional policies regarding 'FAIR USE' on our network and services to ensure that no single client can consistently consumed all the available resources on a given system, network or server - thereby avoiding any possible degrading of service for other clients who may be sharing the same system(s). No account, server, or service may consistently consume more than 10 % of the resources in total available such as CPU utilization, Disk space, Disk I/O, Memory, web port connections, network bandwidth or network packets per second over a sustained period.
In additional to the above, accounts on any web hosting plan (also known as 'shared', 'premium' and 'reseller' plans) may not run daemons or back ground tasks. Web hosting Accounts may not use the server disk space for storage of backups, File / Image / Torrent Hosting, file sharing, file storage, email storage (maximum uses: 2GB per email ID & attached file/s: 10MB per email message), Phishing/Gambling/HYIP Websites or Ponzi or pyramid schemes or any type of content that is not accessible on the web site you are hosting. Users found to be utilizing their web hosting accounts to store multiple backups or violate this policy in any manner may be suspended and/or backups/hosted data removed without notice. SSD Cloud will make reasonable efforts where possible to contact the web hosting account holder to offer a paid upgrade to Virtual or Dedicated Server hosting when an account exceeds the resource usage policy limits.
Servers operating under the VPS or Cloud platforms (TURBO Cloud Servers, KVM, Xen etc.) are permitted to run daemons and background tasks so long as they adhere to the above mentioned resource usage restrictions. However, "Bot" applications, such as social media data mining applications, bitcoin mining, video encoding, or unattended applications which consume 100% of disk and or CPU resources for prolonged periods of time are prohibited on these platforms. Dedicated servers and collocated hardware are excluded from these background task limitations.
If the resource usage limits are exceeded SSD Cloud may, without prior notice or warning, limit access, suspend or terminate the service or account at SSD Cloud's sole discretion. Suspended accounts are subject to termination at SSD Cloud's discretion 30 days after suspension. Web Hosting Accounts that no longer resolve to SSD Cloud's network are subject to termination at SSD Cloud's discretion.COPYRIGHT All content included on SSD CLOUD's websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SSD Cloud or its content suppliers and protected by United States and international copyright laws. The compilation of all content on SSD Cloud's websites is the exclusive property of SSD Cloud and protected by U.S. and international copyright laws. All software used on SSD Cloud's websites is the property of SSD Cloud or its software suppliers and protected by United States and international copyright laws.