Service Level Agreements

*Note: This SLA is cover security, privacy and refund policy

Introduction
     HostSine understands the importance of server availability to our customers and is committed to providing services at a standard of excellence commensurate with the best practice in the industry. We have developed the following levels of service to ensure maximum performance and uptime.
     HostSine is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the HostSine network. The HostSine Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of HostSine's web hosting, e-commerce, and any products and services.

Uptime Guarantee:
HostSine guarantees that the network will be available 99.5% of the time in a given month , excluding scheduled maintenance. This uptime percentage is a monthly figure, and is is calculated solely by HostSine monitoring systems or HostSine authorized/contracted outside monitoring services. If HostSine fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. HostSine does not credit a full month's service for minor downtime. This would not be financially healthy for HostSine, and in turn would only negatively affect the service level HostSine provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, HostSine may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below. Network uptime ludes functioning of all network infrastructure luding routers, switches and cabling, but does not lude services or software running on your hosting account. Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

Exceptions:
     Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the HostSine network caused by or associated with:

• Circumstances beyond reasonable control, luding, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
• Telco Failure (ie...GLI™ cutting a fiber line somewhere)
• Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
• Scheduled maintenance for hardware/software upgrades
• Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). v™ utilizes only name brand hardware of the highest quality and performance.
• Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
• DNS issues not within the direct control of HostSine
• Network floods, hacks, attacks from outside parties or individuals
• Failure or error of any HostSine monitoring or measurement system
• Client’s acts or omissions, luding without limitation, any negligence, willful misconduct, or use of HostSine service(s) in breach of HostSine Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity:
     HostSine's goal is to make the HostSine network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a HostSine service failure for more than 15 consecutive minutes, excluding service failures relating to HostSine's scheduled maintenance and upgrades. The HostSine network does not lude client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. HostSine goal is to keep Average Round-Trip Latency on the HostSine network to 85 milliseconds or less. HostSine defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the HostSine network and major US backbone peering points during such month, as measured by HostSine. HostSine's goal is to keep Average Packet Loss on the HostSine network to 1% or less. HostSine defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the HostSine network during such month that are not successfully delivered, as measured by HostSine.

Measurement:
     HostSine will periodically (on average every 10 minutes) monitor HostSine network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the HostSine network but not other networks to which Client may connect. HostSine reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by HostSine and made available to Client.

Hardware Failure:
     HostSine stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. HostSine utilizes only name brand hardware of the highest quality and perfomance. HostSine will replace all faulty hardware affecting performance levels of equipment within 48 hours, which ludes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco? engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current HostSine contracts with Cisco? and backbone providers in regard to the emergency repair service in case of such an issue. HostSine will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This ludes parts ordered as upgrades.

Credits:
     Credit requests must be made on the HostSine web site, by filling out the "Service Level Agreement (SLA) Request" form. Each request in connection with network/server outages/downtime must be received by HostSine within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by HostSine within five days after the end of such month. The total amount credited to a Client for HostSine not meeting SLA service levels will not exceed the service fees paid by Client HostSine for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 45 days after HostSine receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by HostSine. Upon Client’s request (in accordance with the procedure set forth below), HostSine will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to HostSine and confirmed by HostSine measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the HostSine network for a calendar month exceeds 85 milliseconds, then upon Client's request, HostSine will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, HostSine will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month.

Account cancellations
     Your account can be cancelled ONLY by submitting secure service cancellation from. Other methods of cancellation are not valid.

General:
     HostSine reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, HostSine makes no claims regarding the availability or performance of the HostSine network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, luding, but not limited to, limitations of liability.

     HostSine provides services to clients all around the world. HostSine has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services.

Content:
     All services provided by HostSine, may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Thailand law is prohibited. This ludes, 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 statue. The subscriber agrees to indemnify and hold harmless HostSine, from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content or links

• Pirated software
• "Illegal MP3's"
• Hackers programs or archives
• Warez Sites
• Child Pornography

      HostSine, will be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage:
     HostSine, is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth/data transfer luded with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.

• Sites with banners, graphics or cgi's running from their domain being used on other domains.
• Sites with immense graphic archives or galleries.
• Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
• Sites running large chat room gatherings.
• Sites using more than 20% of system resources

      If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, HostSine, may move your site to a different server, to reduce the load on the server you are currently residing... HostSine, will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time HostSine, may move your site to a different server, to reduce the load on the server you are currently residing...

Chat Rooms:
     HostSine, does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance. This is exclude for IRC script.

Background Processes/Programs
     HostSine, may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be ured based on system resources used and operational maintenance needed.

Cron Jobs:
     HostSine does allow Cron Jobs to be conducted on our servers.

IRC:
     HostSine currently does not allow IRC or IRC bots to be operated on our servers.

Multiple Connections:
     Multiple telnet and ftp sessions are allowed, on a single hosting account.

Idle Timeouts:
     HostSine, may disconnect any idle connection to the network.
Average timeouts are:
- FTP - 300 seconds
- Telnet - 2 hours

Commercial Advertising - Email:
     Spamming, or the sending of unsolicited email, from a HostSine, server or using an email address that is maintained on a HostSine, machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
     HostSine, will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptiable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12PM - 8PM GMT+7

Server Abuse:
     Any attempts to undermine or cause harm to a HostSine server or customer of HostSine, is strictly prohibited. HostSine, will pursue legal action to the fullest extent for all abuse of the HostSine ? Network.

Suspension/De-Activation:
     If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. HostSine, reserves the right to remove any account without prior notice. If HostSine, deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

Privacy Policy
     HostSine, respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy Statement outlines the information HostSine, will collect and how we will use that information. This Statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit Sprint Web sites, respond to our Web-based advertisements or send us email.

     All order forms on HostSine, utilize a 128bit Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol to provide "secure sessions" for our visitors. Through the "secure session," information that you input into a HostSine, order form will be sent and will arrive privately and unaltered at a 2CheckOut™ payment gateway, server. This security prohibits other companies and Web users from being able to access your information.

       HostSine, will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.

The following are some examples of when HostSine, may require that you provide personally-identifiable information:

• to complete an online order for a product or service (if you do not wish to complete an online order form, we will always provide an option for you to complete an order by calling a toll free phone number)
• to enter an online contest or sweepstakes (if you do not wish to complete an online contest or sweepstakes form, we will always provide an option for you to enter by mailing a 3 x 5 card to a specific address)
• to request more information about new or current HostSine, products or services

      If you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files.

     When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise:

• we may store and process that information to better understand all customer needs and how we can improve our products and services for all customers
• we may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest
• we may contact you if we have questions about your account

      HostSine, will not sell personally-identifiable information to third parties, unless stated at the time of collection. We may share information with business partners. We are committed to giving you the choice whether or not we use your information for marketing purposes or share information with business partners.