In the Micfo Agreement, the following words and expressions shall have the following meanings:
The Costs and/or Micfo Charges not included in the Initial Invoice and payable by the Client.
A written statement of account sent by Micfo to the Client setting out the Additional Charges.
Any Additional Micfo Services. Services or Costs including without limitation Dedicated IP Address, Dedicated Server, Domain ID Protection, Domain Registration, Domain Transfer, Control Panel, Hardware upgrade, Promotional Offer, Service upgrade, SSL certificate, VPS Hosting and/or any software/hardware sourced from an external vendor.
A measure of available or consumed data communication resources expressed in bit/s or multiples of it, allocated to your Hosting Service.
The Interval between periodic billings for Services rendered. Micfo Services are rendered on a monthly and/or yearly basis.
Any day other than United States public holidays and weekends.
The person or entity purchasing the Services from Micfo and identified in the Checkout Form.
The Micfo online checkout form attached to Micfo's Website, which enables the Client to purchase and/or subscribe to any of Micfo's Services, which incorporate these terms and conditions.
Any third party costs incurred or to be incurred by Micfo in its provision of the Services.
A type of Hosting Service which is at your complete disposal, whereas you don't share its resources with any other Client.
The amount of space on a server assigned to your Hosting Service for your Web Content.
Any documents the possession of which is necessary to obtain access to Micfo Services and Hosting Services including without limitation Dedicated Server, Reseller Hosting, Shared Hosting and/or VPS Hosting.
A unique name that identifies a Website. A Domain Name is a component of a URL used to access Website.
"Early Termination Fee"
A fee applicable when the Client wishes to withdraw from its Billing Cycle obligations.
A Hosting Service is a type of Internet service that allows individuals and organizations to make their own Website accessible via the World Wide Web. Micfo renders its Hosting Services in the form of Dedicated Server, Reseller Hosting, Shared Hosting and/or VPS Hosting.
The amount payable by the Client as a payment as specified in the Checkout Form.
A written statement of account sent by "micfo" to the Client setting out the Initial Fees.
A Nevada Corporation, established under the laws of the United States, with its headquarters located at 400 Galleria Pkwy SE, Suite 1500, Atlanta, GA 30339.
Micfo's own charges for Services.
Overselling is the act of selling more Disk Space and Bandwidth than have been allocated to your Reseller Hosting.
Reseller Hosting is a form of Hosting Service wherein the Client has the ability to use its allotted Disk Space and Bandwidth to host Websites on behalf of third parties.
Marketing communication employed for a pre-determined, limited time to increase consumer demand or improve Service availability.
A Computer, or a software package, that provides a specific kind of service to Client software running on other computers.
This is the amount of CPU and Memory power your Website may utilize on the Server.
The services that Micfo will provide or procure for the Client under the Agreement as specifically identified in the Checkout Form, or as subsequently requested by the Client and agreed to in writing by Micfo.
Shared Hosting refers to a form of Hosting Service, wherein many Websites reside on one Server connected to the Internet. Each Website sits on a designated section or place on the Server to keep it separate from other Websites.
The date on which the Services are due to commence as set out in the Checkout Form.
Spam, known as unsolicited bulk e-mail, is the practice of sending unwanted e-mail messages, frequently with commercial content, in large quantities to an indiscriminate set of recipients.
A Uniform Resource Locator (URL) specifies where an identified resource is available on a Server and the mechanism for retrieving it.
VPS Hosting refers to a form of Hosting Service, when a server is divided into several parts; each part becomes a small independent server. Each independent part has its unique file system and gets a guaranteed fraction of the server's disk space, bandwidth, CPU power and memory.
Web Content is the textual, visual and aural content that is encountered as part of the user experience on Websites. It may include, among other things: text, images, sounds, videos and animations.
An organization and/or individual including without limitation Website designer, administrator, programmer, and/or coder who's responsibility it is to manage Client's Domain Name and Hosting Services, including without limitation Dedicated Server, Reseller Hosting, Shared Hosting and/or VPS Hosting.
A Website is a collection of related Web Content, or other digital assets that are addressed relative to a common URL, often consisting of only the Domain Name.
The World Wide Web, abbreviated as WWW and commonly known as The Web, is a system of interlinked hypertext documents contained on the Internet.
Hosting Services Agreement
1. TERMS AND CONDITIONS
1.1 Micfo's terms and condition are there to protect its Clients. By completing the Checkout Form and ordering any of Micfo's Services, the Client agrees to have reviewed the following terms and conditions and agrees to be bound by the following terms.
2.1 To the extent that there is any conflict between these terms and conditions and either the terms of any ancillary documents produced by Micfo in accordance with them, or the Checkout Form, then these terms and conditions shall prevail. To the extent that here is any conflict between the terms of the Checkout Form and the terms of any such ancillary documents, then the terms of the Checkout Form shall prevail.
2.2 No variation to the Agreement shall be binding unless agreed to in writing by Micfo.
3. CHARGES AND INITIAL FEES
3.1 Micfo reserves the right to alter the Micfo Charges or the Costs at any time to cover any additional services and/or any increase in the Costs incurred in providing the Services. Micfo shall not be obliged to provide such additional services unless they are specifically identified and agreed by Micfo in writing.
3.2 Micfo reserves the right to charge an Initial Fee in the amount specified in the Checkout Form and set out in the Initial Invoice. The Initial Fees shall unless otherwise specified in the Checkout Form, be an amount equal to one hundred percent (100%) of the Initial Fees and shall be paid immediately upon of the receipt by Micfo of the completed Checkout Form.
3.3 Micfo reserves the right to render an Additional Invoice to cover any Additional Charges (to include without limitation 3% Credit Card and/or PayPal transaction fee for payments exceeding $500.00 and any Micfo Charges or Costs referred to in clause 4.2) and the Client shall pay the Additional Charges upon the receipt of Additional Invoice.
3.4 Micfo reserves the right to require payment in advance at any time for any exceptional Micfo Charges or Costs resulting from services requested at any stage by the Client and agreed to by Micfo under these terms and conditions.
3.5 In accordance to the Services provided by Micfo, the Client acknowledges that Additional Invoices shall be raised by Micfo for any and/or all Additional Services.
3.6 Upon receiving Additional Invoices as set out in clause 4.5, the Client shall make the payment as follow:
3.6.1 For Additional Services requested by the Client, Micfo shall raise an Additional Invoice fifteen (15) days prior to its due date. The Client agrees to make the payment towards the Additional Invoice by no later than its due date.
3.6.2 In the event the payment is not made by the Client on the due date, Micfo shall send the Client a payment reminder in writing one (1) day past the due date; the second payment reminder is submitted three (3) days past the due date; Micfo shall make the final effort to contact the Client on its defaulted payment by sending the third and final notice five (5) days past the due date; in the event that the payment is not submitted by the Client seven (7) days past the due date, Micfo shall immediately suspend any/or all Services rendered to the Client, Hosting Service including without limitation Dedicated Server, Reseller Hosting, Shared Hosting and/or VPS Hosting.
3.7 As set out in clause 3.6.2, in the event that the Client defaults its payment by five (5) days past the due date, Micfo shall apply a non-negotiable late payment fee of $10 to the Additional Invoice.
3.8 Micfo reserves the right, and shall be under no obligation to restore the Services and/or access to the Client's Web Content, unless the Client has made necessary arrangements to bring its account in to good-standing by making payment towards its Additional Invoices and/or all outstanding Costs and Micfo Charges.
3.9 For the purposes of these terms and conditions, time shall be of the essence, and any reference to "payment" or "paid" or "pay" shall mean the receipt by Micfo of cleared funds. All payment shall be made by Credit Card, PayPal, Wire Transfer or Check.
3.10 All payments made pursuant to this clause 4 shall be made in the relevant currency which shall be US Dollars unless otherwise agreed, and all such payments are to be made by Credit Card, PayPal, Wire Transfer or Check.
3.11 For the purposes of payments, in the event the Client specifies in the Checkout Form to pay for Micfo Service by credit card, the Client grants Micfo the right to charge the Initial Fee, Micfo Charges, Costs and/or any Additional Charges to the Client's credit card in accordance to the Initial Invoice and/or Additional Invoices. The Client further acknowledges that under no circumstances shall they challenge or otherwise dispute the charges made to their credit card.
4.1 Micfo shall be under no obligation to issue any Documents until it receives full payment of all outstanding Costs and Micfo Charges.
4.2 In the event that the Client does not collect Documents relating to the Hosting Services from Micfo via e-mail, and requires Micfo to post or otherwise dispatch the Documents, all risk in the Documents shall pass to the Client immediately upon the Documents being posted or otherwise dispatched to the address provided by the Client.
4.3 Any Documents provided pursuant to the Services are for the use of the Client and Client's Webmaster only. The Client shall assure that the Client's Webmaster shall abide by the terms and conditions of issue of any such Documents, and shall indemnify and keep Micfo indemnified from and against any and all liability, actions, claims, costs, charges, expenses and proceedings arising from any failure to do so. The Client shall not, and shall assure that the Client's Webmaster shall not, resell or transfer any Documents or any other benefit provided under the Services without the prior written consent of Micfo.
4.4 The Client shall not use any Document or any other benefits provided under the Services in any other manner than for lawful purposes. Any actions by the Client at Micfo that violates state, federal, local or international laws are strictly prohibited and will result in immediate removal and termination of the Client's Services and Hosting Services including without limitation Dedicated Server, Reseller Hosting, Shared Hosting and/or VPS Hosting.
5. HOSTING SERVICE RESTRICTIONS
5.1 Micfo's Hosting Services are restricted by Bandwidth, Disk Space and Web Content.
5.2 The Client shall not use Micfo's Shared Hosting and/or Reseller Hosting resources including without limitation Bandwidth, Disk Space and Web Content as:
5.2.1 An alternative solution to file and/or data storage.
5.2.2 An audio and/or video streaming Website.
5.3 Overselling is expressly prohibited on any/or all Micfo Reseller Hosting Services. Micfo's Services are designed so that a specific number of Clients can be hosted per Server. Overselling damages the quality of Services for some and/or all the Clients.
5.4 The Client understands and agrees that its use of the Services shall at all times be in accordance with all applicable laws, rules, regulations and court orders. The Client is solely responsible for any and all content, material and data that it (including, without limitation Client’s customers) maintains, transmits, downloads, views, posts, distributes or makes available using the Services, and any third party claims arising out of such activities. Client shall not use the Services or Infrastructure to transmit, distribute or store material: (a) in violation of any applicable law, rule, regulation or judicial order (including without limitation, export laws and encryption regulations); (b) in violation of the terms of any applicable agreement with Micfo or any other Micfo policy applicable to the Client; (c) that interferes with or adversely affects the Services or use of the Services by others; or (d) in a manner that exposes Micfo to criminal or civil liability. Client shall cooperate with Micfo in investigating and correcting any breach of these terms and conditions.
In accordance with all applicable laws, Micfo respects the intellectual property rights of its customers, suppliers, partners, end users and third parties. Without limiting its rights and remedies hereunder, Micfo complies with all aspects of the Digital Millennium Copyright Act (42 USC 512, et. seq.) (“DMCA”) and maintains and enforces a policy whereby it will terminate the Services to any end user guilty of infringement. Micfo’s DMCA policies and procedures can be found here.
6. SERVER RESOURCE USAGE
6. 1 Micfo Hosting Services are restricted by Server Resources.
6.2 The Client agrees to utilize Micfo's Server Resources as set out in clause 6.2.1, 6.2.2:
6.2.1 Shared Hosting; 7% of the CPU in any given twenty two (22) Business Days.
6.2.2 Reseller Hosting; 10% of the CPU in any given twenty two (22) Business Days.
6.3 Given the situation is not critical, Micfo will use reasonable endeavors to inform the Client in writing, and work with the Client to rectify the situation by means of: upgrade, Web Content revision, and/or offering an alternative Hosting Service.
7.1 Micfo takes a zero tolerance approach to the sending of Unsolicited Commercial Email or SPAM over its network. The Client agrees to not utilize Micfo Services in any manner to Spam and/or send unsolicited bulk e-mails. In the event that any Client breaches or fails to comply with any/or part of provisions set out in clause 7.1, Micfo retains the right to suspend and/or terminate the Client's Hosting Services.
7.2 Micfo will block SMTP traffic on port 25 for all GRE tunnel traffic for Client provided IP addresses.
7.3 Micfo uses industry standard data feeds from Spamcop and Spamhaus to proactively monitor for UCE violations or other abusive activity. We will take action to disable any Services and/or IP address listed in the data feeds until the suspect activity is reviewed and we confirm the problem has been resolved. Further, Clients found to be intentionally using IP addresses for UCE or other abusive practices will be subject to immediate termination of Services.
8. LIABILITY AND INSURANCE
8.1 The Client hereby agrees that without limiting any other provision of these terms and conditions:
8.1.1 Nothing in these terms and conditions shall exclude or limit the liability of Micfo for damages or loses caused by Micfo's negligence or Micfo's" fraudulent misrepresentation.
8.1.2 Micfo shall not be liable for any indirect, economic or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise,) costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Agreement.
8.1.3 To the maximum extent permitted by law Micfo entire liability in the Agreement, tort (including negligence or breach of statutory duty,) misrepresentation, restitution or otherwise arising in connection with the Agreement is excluded; and
8.1.4 Micfo's entire liability for any loss suffered by the Client, as a result of Micfo's breach of the Agreement and for which Micfo shall, notwithstanding any other provision of the Agreement be liable, shall be limited to the Initial Invoice actually paid by the Client under the Agreement.
8.2 For the avoidance of doubt in providing the Services Micfo shall have no responsibility for the property and personal effects of the Client, or Webmaster of the Client.
8.3 Micfo does not offer the Client or any third party the benefit of any insurance cover against the loss of, theft or damage to the business, or to personal property of the Client or Webmaster of the Client. Further, Micfo does not offer the Client or any third party the benefit of any insurance cover against indirect, economic or consequential loss. The provision of any such insurance cover shall be the entire responsibility of the Client and not Micfo.
8.4 The Client shall be solely responsible for any and all loss or damage caused to any third party as a result of access to Micfo's Services and Hosting Services by any third party, in any form and/or manner including without limitation Dedicated Server, Domain Name, Shared Hosting, Reseller Hosting, VPS Hosting, Web Content and/or Website, and the Client shall indemnify Micfo and keep Micfo indemnified from and against any liability, actions, claims, costs, charges, expenses and proceedings arising from the same.
8.5 It shall be Client's responsibility fully to identify and inform Micfo of all the Hosting Service requirements of the Client, and Micfo shall not be responsible for any liability howsoever arising from the failure of the Client to so identify and inform Micfo.
8.6 The Client is invited to try Micfo's Services to ascertain the Client's satisfaction and suitability of the Services for the Client's requirements. Micfo makes no warranty or representation whatsoever.
8.7 Micfo neither warrants nor represents that the Services shall get activated on the time stipulated or at all. Further, Micfo makes neither any warranty nor any representation as to the quality, suitability or otherwise of the Services.
9. CLIENT CANCELLATION
9.1 The Client shall notify Micfo in writing no later than thirty (30) days prior to their next billing cycle in the event that they wish to cancel the Services. Client agrees to send the cancellation notice in writing to Micfo's billing department.
9.2 The Client must inform Micfo as to when they wish for their Services to be cancelled; the Client has the option to cancel their Service immediately or cancel their Service at the end of their Billing Cycle.
9.3 Upon receiving notice as set out in clause 9.1, Micfo shall process the request as follow:
9.3.1 For Services cancelled by the Client no later than thirty (30) days from the Signup Date, Micfo shall issue a full refund of Initial Invoice, minus any and all Costs, Additional Charges and/or Additional Services.
9.3.2 For Services cancelled by the Client (30) days past the Signup Date, the Client shall not receive any refund whatsoever.
10. AGREEMENT TERMINATION
10.1 Micfo shall be entitled to terminate the Agreement with immediate effect in the event that the Client:
10.1.1 Makes any voluntary arrangement with its creditors.
10.1.2 (Being an individual or firm) becomes bankrupt; or
10.1.3 (Being a company) becomes subject to an administration order; or
10.1.4 10.1.4 Goes into liquidation (other than for the purpose of the Client's amalgamation or reconstruction where the Client is a company,) and in all of the above circumstances the cancellation charges set out in clause 5.2 shall apply.
10.2 In order to protect Micfo's Clients, in the event that any Client breaches or fails to comply with any provisions set out in these terms and conditions, in addition to any other remedy available, Micfo retains the right to terminate the Client's Services and Hosting Services including without limitation Dedicated Server, Reseller Hosting, Shared Hosting and/or VPS Hosting with or without any prior notice.
11. SERVICE SUSPENSION
11.1 A violation of clause 5.2 will result in immediate suspension of Client's Service, including without limitation Shared Hosting and/or Reseller Hosting with or without prior notice to the Client.
11.2 In extreme circumstances, and in an effort to prevent the misuse of Server Resources, Micfo will immediately suspend Client's Services including without limitation Shared Hosting and/or Reseller Hosting which is in violation of clause 6.2. Micfo will remain the sole arbiter as to what constitutes a violation of this policy.
11.3 Micfo shall immediately suspend the Clients Services in the event that the Client is found to have defaulted its payment obligations towards Micfo as set out in Clause 3.6.2.
11.4 Micfo reserves the right to immediately suspend and/or terminate the Client's Services in the event that the Client is in violation of Clause 3.11.
11.5 As set out in Clause 21.7, Micfo reserves the right to suspend any/or all the Client's Services with immediate effect. Micfo shall be under no obligation to send any prior notice to the Client.
12. SERVICE TERMINATION
12.1 Micfo shall be entitled to terminate, without any refund, its Services and Hosting Services including without limitation Dedicated Server, Shared Hosting, Reseller Hosting, and/or VPS Hosting in the event that the Client:
12.1.1 Is in violation of clause 5.3 by Overselling Micfo's Reseller Hosting Services.
12.1.2 Is found to be Spamming and is in violation of clause 7.1. Violation of this policy will result in an Administrative Fee of $250 per incident.
12.1.3Is found to be manipulating our affiliate program by engaging in domain speculation and/or self-signup.
12.1.4Is utilizing Micfo's Services for any other than for lawful purposes as set out in clause 5.4.
13. ALTERATION TO SERVICES REQUESTED BY CLIENT
13.1 Micfo will use reasonable endeavors to accommodate any changes or alterations to the Services requested by the Client, but shall not be obliged and cannot guarantee that it will be able to do so.
14. MATTERS BEYOND REASONABLE CONTROL OF MICFO
14.1 Micfo shall not be liable for any matter beyond its reasonable control which results in the Services being altered, postponed or cancelled or in Micfo being unable to provide the Services including without limitation weather conditions, acts of God, governmental actions, fire, earthquake, national emergency, acts of terrorism, protests, strikes, riot or civil commotion (each a "Force Majeure Event").
14.2 Upon the occurrence of a Force Majeure Event, Micfo will use reasonable endeavors to provide the Services, but reserves the right in its absolute discretion to alter, amend, change, postpone or cancel the Services (including without limitation, alterations or amendments,) should it be found necessary to do so, and shall have no liability to the Client for any such alteration, amendment, change, postponement or cancellation.
15. DATA PROTECTION
15.1 The Client acknowledges that in the course of the Client's dealings with Micfo, Micfo may acquire personal data which relates to the Client and/or any of the Client's officers, employees or contractors, and the Client hereby consents to Micfo, in accordance with its authorization and the Act, collecting, storing, processing and transferring such personal data. Unless expressly set out otherwise in writing in the Checkout Form, the Client hereby consents for the purpose of the provision of the Services to the use by Micfo of such personal data and its disclosure to others in compliance with any rule of law or order of competent authority.
16. THIRD PARTY SUPPLIERS
16.1 Micfo in providing the Services shall be entitled to appoint one or more third party suppliers to carry out part or any of its obligations under these terms and conditions.
17. THIRD PARTY RIGHTS
17.1 The parties to this Agreement do not intend that the Agreement will be enforceable by any person that is not a party to it, whether by virtue of the Agreement or otherwise.
18. DOMAIN REGISTRATION
18.1 The Client acknowledges that all Domain Names are registered through a third party registrar, eNom. Micfo shall utilize the registration system platform provided by eNom for any and all the related Domain Name Services. In an event that the Client fails to renew the Domain Name, Micfo shall use reasonable endeavors to renew the Domain Name; further in an event that the expired Domain Name is pushed within the redemption period, the Client shall be fully responsible for any and all charges including without limitation one-time redemption fee of $300 as defined and set out by eNom. All Domain Names and their usage shall be governed by the terms and conditions set forth by eNom.
19. BACKUP POLICY
19.1 Micfo performs an off-site backup of the Clients Web Content on a regular basis. The Client acknowledges that the backup of Web Content is a value added service performed by Micfo, and is limited to the Clients with Shared Hosting and Reseller Hosting Services. Furthermore, Micfo does not guarantee this feature to any of the Clients, and therefore strongly advises the Client to regularly perform a backup of their Web Content. In the unfortunate event that the Client has lost his Web Content, Micfo will use reasonable endeavors to restore the Client's Web Content, subject to a one-time administration fee of $50.00.
20. APPLICABLE LAW
20.1 The formation, existence, construction, performance, validity and all aspects of the Agreement shall be governed by the State of Nevada Law, and both parties will submit to the personal jurisdiction in the State of Nevada.
21. GENERAL CONDITIONS
21.1 Micfo reserves the right to vary these terms and conditions at any time without any prior notice. The Client shall be notified in writing of any variations.
21.2 Any provision of these terms which are or may be void, or are unenforceable shall, to the extent of such invalidity or unenforceability, be deemed to be severed and shall not affect any other provision of these terms.
21.3 No waiver or forbearance by any party (whether express or implied) in enforcing any of its rights against the other party shall prejudice the right of that party to enforce any of its rights in the future.
21.4 This Agreement constitutes the entire Agreement between Micfo and the Client relating to its subject matter and supersedes and extinguishes any prior drafts, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing relating thereto.
21.5 The Client acknowledges that:
21.5.1 In entering into this Agreement, it does not rely on, has not relied on, and shall have no remedy in respect to, any statement, representation, warranty or other provision (in any case whether oral or written, express or implied and whether negligently or innocently made) of any person (whether a party to this Agreement or not) except those expressly set out in this Agreement.
21.5.2 The only remedy available in respect to any misrepresentation or untrue statement made to such party shall be a claim for breach of contract under this Agreement; and
21.5.3 Nothing in this clause 21.5 shall operate to limit or exclude any liability for fraud.
21.6 Micfo reserves the right to vary and alter Micfo Charges, Services and Hosting Services including without limitation Dedicated Server, Sales Promotions, Shared Hosting, Reseller Hosting and/or VPS Hosting at any time without any prior notice.
21.7 Any Services purchased during a promotional offer are automatically disqualified from any complimentary upgrades, prorated credits and refunds by Micfo. Micfo shall be under no obligations whatsoever to provide complimentary upgrades to any/or all clients.
21.8 In the event that the Client is found to be utilizing Micfo's Services without paying Micfo Charges, Costs, Additional Services and/or Additional Invoices, as a result of Micfo's error, system error or Micfo employee's error whether negligently or innocently Micfo reserves the right to suspend its Services with immediate effect, with or without any notice.
21.9 As between the Client and Micfo, the Client shall be solely responsible to inform Micfo in the event that the Client has not received Additional Invoices towards the Services provided by Micfo.
21.10 Micfo may at its sole discretion, refuse to accept any Client for participation of Micfo's Services.
21.11 Micfo reserves the right to terminate any and/or all the Client's Services, in the event that the Client's account is found to be inactive for two (2) months or more.
21.12 The Client shall not be entitled to assign, novate, sub-license or otherwise dispose of the whole or any part of these terms and conditions or its rights hereunder without Micfo's prior written consent. Micfo shall have the right to assign all its rights and obligations pursuant to these terms and conditions in whole or in part.
21.13 The Client hereby warrants and represents that the Services to be provided by Micfo hereunder shall be for the benefit only of the Client and/or the parties identified in the Checkout Form.
Service Legal Agreement
1. SERVICE LEVEL AGREEMENT
1.1 The Service Level Agreement published below here is applicable to all Micfo Services and Clients.
1.2 A Client's application and/or eligibility for performance credit or refund will be determinable based on Micfo's in-house monitoring system statistics. The Client shall abide by it and accept the integrity of all such statistics.
2. TERMS AND CONDITIONS
2.1 Micfo's network includes all facilities, features, hardware, equipment, software and applications used in-house, decisive and vital network sections and infrastructure equipment which are put to use at all times to provide fully managed Services to its Clients.
2.2 Micfo has put in place a service -cum- port monitoring system where specific port, service and daemon would be monitored. This includes a standard check on all active ports and mandatory services at an interval of five (5) minutes where a flag is raised in the event of a port or service being found as failed.
3. DEFINITIONS OF SERVICE
3.1 Accessibility of Servers; The availability and accessibility of a web server over a period of one (1) calendar month is termed as Server accessibility. Micfo presumes that the customer has a reliable internet connection from their place of access. All network facilities are up for use at all times (exclusive of minor latency) for 99.9% of time every calendar month. Service disruptions due to issues or problems relating to our upstream providers are outside the purview of this definition.
3.2 Service Monitoring; Micfo's Clients can avail of Micfo's in-house internal monitoring system which analyzes TCP/IP services and applications. The technical support team has to be able to work as an administrator on Dedicated Servers to:
3.2.1(a) Include them in the monitoring system and;
3.2.2 (b) Resolve any service and/or operating system failures. Micfo would be absolved of any and or every responsibility resulting in unavailability or downtime on Dedicated Servers where the technical support team does not have root and or administrative access.
3.3 Maintenance downtime; The period in which Micfo's network, Services and/or Client's Servers are down or unreachable owing to repair and/or maintenance work being performed by Micfo's engineers and administrators is classified as "maintenance downtime". Advance notification would be sent out at least 24 hours before any such work is undertaken. Every possible attempt would be made to slot the maintenance activity within the time frame best suitable to the Client. However, no guarantee what-so-ever is given in this regard.
3.4 Service downtime; a time-period, antecedently unintentional, where services are broken and the customer is unable to access the Micfo network, Services and/or their Server, is called service downtime. Only those interruptions which occur as a result of an issue, snag and/or trouble within the contiguous network segments of Micfo, and have been affirmed by Micfo's employees, would be considered downtime. The measure of such downtime is the aggregate of all such period(s) within one calendar month. This Service Level Agreement allows unexpected and unscheduled service interruption of 45 minutes in every calendar of month.
4. HARDWARE TERMS
4.1 Server; An assemblage of processor(s), memory (RAM), hard-disk(s), Network Interface Card (NIC), motherboard together would be termed as a "Server".
4.2 Hardware Replacement; All such replacements shall be done within two (2) hours from the time of the problem being reported to the technical support team. If, by chance, the said hardware peripheral is not replaced within the stipulated two hours, 5% of the monthly hosting charge would be credited to the customer's account for every subsequent hour of downtime. The Hardware Replacement Guarantee and this Server Level Agreement are valid and applicable only for Servers who have an age of 24 months or less. The two hour Hardware Replacement Guarantee is only available on certain specific and particular builds of the Dell(TM) PowerEdge Servers.
5.1 A performance credit will be credited into Client's account if Micfo is not able to fulfill the 99.9% network uptime guarantee. This would be calculated on a per calendar month basis. Measurement of such downtime would commence only when the customer raises a trouble ticket, and will end when the server is back online and is able to send and/or receive data packets.
5.2 Every single period of 45 minutes of such downtime would be eligible for a 5% credit of the monthly hosting charges paid by the Client. The total credit applicable would never be more than one month's hosting charges paid by the customer at any time and for whatever reason.
6. SERVICE EXCLUSIONS
6.1 Micfo shall not be held liable to give credit or offer compensation for any failure, delay and/or interruptions which occur as a result of the Client, the Client's employees, agents, contractors and/or sub-contractors. The instances for such occurrences include without limitation:
6.1.1 Operating system, software and/or applications associated issues.
6.1.2 Any resource abuse, Server overload and/or over utilization of resources.
6.1.3 Improper, inaccurate and/or erroneous configuration of any software.
6.1.4 Wrong, non-compliant usage of installed software.
6.1.5 Issues, complications and/or problems arising out of operating system exploits, corruption of the OS or its binaries, service exploits, hacking or bandwidth-based attack of any nature and intensity.
6.1.6 Issues, factors and/or causes outside the immediate purview of Micfo.
6.1.7 Pre-Announced scheduled maintenance downtime.
6.1.8 Client's Local Area Network (LAN) related issues.
6.1.9 Clients' Internet Service Provider (ISP) related issues.
6.1.10 Softwares and/or access limitations within the Client's local and internal network environment including without limitation local area workstations, firewall, hardware and software, anti-virus, spyware programs, bandwidth shaping and configuration devices or any other such software.
7. GENERAL CONDITIONS
7.1 Micfo has the sole discretion to amend, modify and/or alter any/or all parts of this Service Level Agreement at any given time, with or without prior notice. Strict adherence to all such policies is mandatory and binding on Micfo Services. Any discrepancy or failure to meet the terms set would result in instant cancellation of services.
7.2 Reseller Hosting Clients would be liable for the actions of their end customers where any breach has been committed. Micfo very strongly encourages its Reseller Hosting Clients to implement a similar or even sterner Service Level Agreement.
7.3 Micfo shall under no circumstances be held liable for any damage and/or loss of revenue a Client's business may suffer as a fallout of using its Services including without Limitation non-deliveries, wrong delivery, delays and any and all Service interruptions caused, and nor does it undertake any warranties or guarantees, written or otherwise of any of the Services provided to the Client.
7.4 The Client acknowledges that the Services provided by Micfo is of such a nature that Service can be interrupted for many reasons other than the negligence of Micfo, and that damages resulting from any interruption of Service are difficult to be determined. Therefore, the Client hereby agrees that Micfo would not assume any damages arising from such causes beyond its direct and exclusive control. The Client further acknowledges that Micfo's liability for its own negligence may not in any event exceed an amount equivalent to Service Charges payable by the Client as Services for a calendar month. In no event would Micfo be liable for any special or consequential damages, loss, or injury.
Digital Millennium Copyright Act Policy
The Digital Millennium Copyright Act (17 U.S.C § 512 et seq) (“DMCA”) establishes certain requirements for notifying online service providers of alleged copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notice of your claim to:
Micfo, LLC. C/O Abuse Department
198 East Bay Street, Suite 300
Charleston, SC 29401
Micfo will work to expeditiously remove content that is the subject of a notice prepared according to the DMCA. To be effective, your notice of copyright infringement must be written and must include the following information. For more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3):
I. Your signature or the signature of a person authorized to act on your behalf;
II. Identification of the copyrighted work that you claim to have been infringed;
III. Identification of the material that is claimed to be infringing as well as information reasonably sufficient to permit Micfo to locate the material;
IV. Information reasonably sufficient to permit Micfo to contact you, including an address, telephone number, and, if available, an electronic mail address;
V. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent or the law; and
VI. A statement that, under penalty of perjury, the information in your notification is accurate and that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right that is alleged to be infringed.
Please be aware that under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages as a result of the removal or blocking of the material, court costs and attorneys’ fees.
Counter Notification. Users that are the subject of a DMCA copyright notice may prepare a written counter notification under 17 U.S.C. § 512(g)(3). Please be aware that under the DMCA, users may be liable for damages if they materially misrepresent that a product or activity is not infringing the copyright(s) of another, court costs and attorneys’ fees. To file a counter notification with Micfo, please provide a written communication to Micfo’s Designated Copyright Agent (address provided above) setting forth the following items:
I. A physical or electronic signature of the User;
II. Identification of the material that has been removed or disabled, and its prior location;
III. A statement, under penalty of perjury, that the User has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification;
IV. The User’s name, address and telephone number(s);
V. A statement that the User consents to the jurisdiction of the federal district court for the judicial district in which the User’s address is located, or, if the User’s address is outside of the United States, for any judicial district in which Micfo may be found; and
VI. A statement that the User will accept service of process from the complainant or the complainant’s agent.
Upon receipt of a valid counter-notification, Micfo will provide the complaining party with a copy of the counter-notification. The complaining party will then have ten (10) business days to notify the Designated Copyright Agent that it has filed a request for a court order to restrain the infringing activity