Terms of Service

Service Level Agreement

This Service Level Agreement (“SLA”) covers performance guarantees for our network and server hardware, and is made between Dedix, Inc. (“DEDIX”, “Provider”, “we”, “us”, “our”) and you (“Client”, “you”). This document may be updated from time to time, and will be located online at http://www.dedix.com/legal . Clients are responsible for checking this document from time to time, as notifications of updates will not be made.

Network Hardware

DEDIX uses network and server hardware from Arista, Juniper, Cisco, Dell, F5, Foundry Networks and SuperMicro. We use redundant hardware with redundant power supplies where possible, as some hardware does not provide this option. Our network is multi-homed for performance and reliability, providing access to multiple Tier 1 and Tier 2 networks through private, low congestion BGP peering.

Network Uptime Guarantee

We are proud to offer a 99.9% uptime guarantee. This means that for any given month, while unlikely, it is possible that we may experience an average total downtime of up to 43 minutes per month, excluding scheduled maintenance. If eligible outages within a monthly billing cycle exceeds that cumulative limit, we will refund 5% (five percent) of the Client’s base monthly recurring fee per hour of downtime, up to 100% (one hundred percent) of the base monthly recurring fee upon request to our billing department. This guarantee includes the DEDIX network infrastructure (“realm of reasonable control”), including connectivity to our backbone providers, routers, switches, and the cables connecting the above. This Network Uptime Guarantee does not cover server hardware, or services that are dependent on server hardware. Hardware related guarantees are covered separately under this SLA. To be eligible for compensation under the the Network Uptime Guarantee, the Client must notify us of a possible downtime incident. Upon opening a support ticket, we will ascertain whether the problem exists within our realm of reasonable control. If the problem is within our infrastructure, we will measure downtime from the time we were notified of the incident to the time that the incident has been resolved.

Server Hardware Guarantee

Clients with dedicated servers hosted by DEDIX are eligible for our Hardware Guarantee. If a hardware component included as part of the Client’s dedicated server hardware configuration fails during the term of our contract, we will replace it at no charge to the client. We guarantee the replacement of defective hardware within 2 hours of identifying the source of the problem. If the replacement takes longer than two hours, we will refund 5% (five percent) of the covered service item’s base monthly recurring fee per hour of downtime exceeding the initial two hours, up to 100% (one hundred percent) of the covered service item’s base monthly recurring fee. If replacement parts are not immediately available, transit time for any needed parts do not count toward the guaranteed replacement time window. This guarantee covers the power supply(s), cabling, CPU(s), motherboard, network card(s), hard disk(s), modem(s), and RAID or disk controller(s). This guarantee does not cover data recovery or restoration. The guaranteed replacement time window does not include time to rebuild a RAID array, although that service is included at no charge. Please note that support time to recover or restore data is not included or covered unless specifically stated otherwise on your contract.

Refund Procedures and Exceptions

Clients must notify us via email to support@dedix.com or via a support ticket, indicating that they wish to pursue their rights as guaranteed by this SLA within 7 days of the incident. If a response from us is not received within 24 hours, the Client should assume that a technical difficulty has prevented us from receiving their request, and should contact our personnel via telephone.  We are not required to provide SLA guaranteed service or refunds to Clients in default of their contractual obligations.

Acceptable Use Policy

This AUP document outlines usage policies at Dedix, Inc. (“Provider”). This document may be updated from time to time, and will be located online at http://www.dedix.com/aup . Clients are responsible for checking this document from time to time, as notifications of updates will not be made.

Purpose:

Although using common sense would accomplish the same as enforcing these policies, Provider is required to issue this document to clarify Provider’s policies. By enforcing the terms of this AUP, Provider wishes to:

• Ensure reliable service to all clients;
• Ensure security and privacy of Provider’s systems and network, as well as the networks and systems of others;
• Comply with existing and relevant laws;
• Maintain Provider’s reputation as a responsible premium service provider;
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services;
• Preserve the value of Internet resources as a conduit for free expression and exchange of information;
• Preserve the privacy and security of individual users.

Content:

All services rendered by Provider 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 to which you have no distribution rights, material Provider judges to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. Generally, legal content is permitted unless stated otherwise. The client agrees to indemnify and hold harmless Provider from any claims resulting from the use of the service which damages the client or any other party. Examples of unacceptable content include:

• Pirated software;
• “Illegal MP3s”;
• Cracking (“hacking”) programs or archives;
• “Warez” sites;
• Child Pornography;
• Linking directly to the above.

Provider will not actively monitor content, but if Provider is made aware of AUP abuse or violation of prohibited content rules, Provider reserves the right to take enforcement action as listed below. Provider will be the sole decision-maker as to what constitutes a violation of this provision.

Resource Consumption:

Except in cases where explicitly permitted by special exemption, the following resource-consuming activity is not permitted on shared-hosting accounts:

• Sites with banners, graphics or cgis running from their domain being used on other domains. (e.g., hot-linking, image-sucking, load-spreading);
• Sites with very large graphic archives or galleries;
• Sites offering download archives or large media distribution (>5MB), such as .zip, .tar, .sit, .ra, .avi, .mov, .asf and .GZ;
• Sites running large or busy chat rooms;
• Sites using more than 8% of system resources.

Provider will be the sole decision-maker as to what constitutes a violation of this provision. Dedicated and colocated servers are welcome to use their own resources as needed.

Bandwidth Usage:

Bandwidth and data transfer usage is included with your account, and usage past the defined limits of your account may incur Provider’s standard overage charges. In the case of shared-hosting accounts, the Provider may move your site to a different server to reduce the load on the currently used server.

Chat Rooms:

Provider allows clients to install their own chat systems. However, these tend to consume large amounts of system resources and thus may infringe on the resource-consumption clause. Dedicated and colocated servers are welcome to use their own resources as needed.

Background Processes/Programs:

Provider may allow programs to run continually in the background, these are considered on a case-by-case basis and an extra charge may be incurred based on system resources used and operational maintenance needed. Dedicated and colocated servers are welcome to use their own resources as needed.

Cron Services:

Provider does allow “cron jobs” on Provider’s servers.

IRC:

Provider does not permit IRC or IRC bots to be operated on Provider’s shared-hosting servers. Special servers and accounts are available for IRC usage. Please contact us for details.

Multiple Connections:

Provider does not allow multiple dial-in connections on a single dial-up access account. Accounts are available for family or business usage. Please contact us for details. Multiple telnet and ftp sessions are allowed on a single shared-hosting account, as long as such usage does not infringe on the resource-consumption clause.

Idle Timeouts:

Provider may disconnect any idle connection to the network. Average timeouts are: FTP – 300 seconds Dial-Up – 10-15 minutes Telnet/SSH – 2 hours Usage of “tickle” software to keep connections appear active are not permitted. Connections may only be used actively. If you are not using the connection, please close it.

Commercial Advertising – Email:

Spamming, or the sending of unsolicited email, from Provider’s servers or using an email address that is maintained on a Provider machine is EXPLICITLY PROHIBITED. Hosting websites advertised by spamming (“spamvertised”) is also EXPLICITLY PROHIBITED. For general reference, Provider considers spam to be any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. Provider will be the sole decision-maker as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal requests are fully functional and honored. Please make an effort to limit outgoing mail on your shared-hosting account to no more than 500 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM – 8AM EST

Server Abuse:

Any attempt to undermine or cause harm to Provider’s servers or clients of Provider is strictly prohibited. Provider may elect to pursue legal action to the fullest extent for any abuse of Provider’s network and resources. Similarly, any attempts to use Provider’s servers or network to abuse other networks, servers, clients or providers will be considered an abuse of Provider’s resources.

Suspension/De-Activation:

If any policies are violated, Provider reserves the right to remove any account without prior notice. Upon deactivation of a violator’s account, the client forfeits any right to a refund or service credit for previous and advance payments. Provider’s typical action policy is the issuance of a warning first (“educate and remedy”), and account de-activation on the second offense. Serious offenses may require immediate de-activation to protect Provider’s best interests.

Privacy Policy

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our web site.

Personal Information

It is necessary that we collect your personal information for the completion of a purchase. This information is stored for future contact, billing, and marketing purposes.

External Links

This site contains links to other sites. We are not responsible for the privacy practices or the content of any sites we link to.

Ask Us About Your Privacy

If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site, you can contact us at support@dedix.com.