Service Level Agreement (SLA)
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Terms & Conditions
1. Services
Phase 2 Holdings, LLC, doing business as Phase 2 International (PHASE 2) provides web hosting, on-demand software services and software, and programming. PHASE 2 reserves the right to suspend or cancel any user's access to any portion or all of PHASE 2 services when PHASE 2 deems that the account has been used inappropriately. PHASE 2 reserves the right to refuse service and/or access to its servers to anyone.
2. Risk Free Trial Offer
The PHASE 2 risk free trial period is 30 days. The client may cancel a subscription prior to 30 days following the initiation of service and receive a refund of the first month's fee. There is no minimum term of service.
3. Payment Policy
All services are billed monthly and in advance. PHASE 2 accepts the following credit cards:
Visa, MasterCard, and Discover. Additional methods of payment include: Direct debit, PayPal, personal check, company check and wire transfer.
- Service is activated only after receipt of payment.
- Check clients whose payment is not received before the renewal date are charged a reactivation fee and moved to credit card billing. There is no grace period for check payment
- All monetary transactions will occur in US Dollars
- Payment is due on the hosting plan's anniversary date
4. Additional Services
Additional services can be added at any time. Payment policy above applies to all additional services.
5. Renewal and Billing Schedule
All accounts will be automatically billed on their renewal date unless cancellation notice is received from subscriber. Credit cards are charged on the first day of the new billing cycle.
6. Credit Card Failures
In the event a credit card charge is denied, a notice will be sent to the billing contact via email. If the credit card continues to fail and alternate payment is not obtained, the account will be suspended. Non-sufficient fund checks will result in a fifty dollar processing fee to the client.
7. Account Reactivation
If an account was cancelled due to client request and the client desires to reactivate the account, a non-refundable reactivation fee of twenty-five dollars will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and NSF check processing fees if applicable. If an account was cancelled due to policy violation, the account will not be reactivated.
8. Refund Policy
- Setup fees are non-refundable.
- Domain name registration is non-refundable.
- Purchased SSL certificates or Web hosting plans that include a bundled SSL certificate are non-refundable.
- If Phase 2 terminates an account due to policy violations, there will be no refund.
9. Cancellation Policy
Customers may cancel service at any time. Account cancellations may be sent by fax to 808.748.0222 or email to support@phase2.com. Cancellation request must contain:
1) Domain name or account number and
2) Reason for cancellation.
If the client requests cancellation, their account will be terminated at a customer specified date or immediately (default).
Upon cancellation, data located on Phase 2's servers may no longer be available. It is the end-user's responsibility to retrieve this data prior to the request for cancellation of the service. Phase 2 cannot guarantee retrieval of data after an account is cancelled.
10. Policy Violation reserves
Phase 2 reserves the right to terminate or refuse service to anyone or discontinue service to anyone violating its policies. If an account is terminated for a policy violation there will be no refund. Phase 2 reserves the right to delete the violating web site content without notice.
11. Phase 2 prohibits sites engaged in:
Illegal activities
Illegal activities including, but not limited to storing and/or distributing illegal copies of copyrighted software, violations of copyrights and trademarks, violations of U.S. laws, and selling and/or distributing illegal contraband are not permitted.
Adult Content
The determination of what is "adult content" and
prohibited shall be solely made by Phase 2.
Gambling Content
The determination of what is "gambling content" and
prohibited shall be solely made by Phase 2.
Internet Abuse
Including but not limited to Spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of UseNet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming or verbally abusing support staff. Spammers may be charged up to $5000 for cleanup fees and may face criminal prosecution.
Spamming
Sending unsolicited electronic mail through the Phase 2 system is not permitted and will not be tolerated. Phase 2 defines spam as "the sending of bulk e-mails or the sending of e-mail to users that have not explicitly asked to receive the sender's message." Phase 2 will not be held responsible if a domain name is blocked by internet service providers (ISPs) for sending spam/bulk e-mails. Phase 2 reserves the right to suspend or cancel Phase 2 accounts that send bulk or unwanted junk mail (spam).
Systems Abuse
System abuse includes, but is not limited to, use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking, redirects/masking or non-Phase 2 DNS service without express permission of Phase 2, installing continuously running programs, such as IRC bots, and reselling CGI scripts or databases.
Clients who have uploaded database(s) to the Web server, and whose hosting plan does not support database(s), will be notified via email. Client will have five (5) business days to remove database(s) or be automatically moved to the appropriate plan meeting the client's quota needs.
Reselling Hosting Services and Hosting Multiple Sites
Reselling hosting services or hosting multiple web sites without the express permission of Phase 2 is strictly prohibited. Using DNS techniques such as redirects, masks, forwards, etc, to direct top/2nd/3rd level domains, sub domains, IPs inside or outside the Phase 2 network, to any folder, subfolder, sub web or content outside the root of the domain on record, is prohibited. Sub webs within SharePoint sites not related to the site (for example, another company) are expressly prohibited. Each unique SharePoint site must have its own hosting plan.
12. Support
Free Technical Support is provided via phone and email for all paying clients. Technical support emails will be answered within 1 business day. Most support issues are resolved the same day reported. Billing inquiries will be answered within one business day. Client agrees not to spam or abuse support.
Technical Support representatives will diagnose issues related to server connectivity, user ID and passwords. Diagnosing or correcting issues with unsupported third-party software or scripts is not included.
13. Technical Support Parameters
Technical Support staff is available to assist with troubleshooting all of the areas listed below. For services extending beyond those listed, please contact a Consulting Services representative.
Server Connectivity
- Server connectivity to client site (not responding by domain or IP address)
- Inability to upload files via FTP
- Browser-dependent formatting (different appearance from one browser to the next)
- Connecting to mail server
Script Path
- Check that the Search Engine is functioning
- Check that the Counter is working
- Re-install Server extensions
- Check the permissions on directories to allow scripts to run
Search Engine
- Check that the Search Engine is functioning
- Check that the Counter is working
- Re-install Server extensions
- Check the permissions on directories to allow scripts to run
SharePoint
- Connectivity to the SharePoint Service - talking/instructing the end-user through logging into the server
- Creation of SharePoint sub-sites and users
- Installation of SharePoint templates
Exchange
- Connectivity to the Phase 2 service - talking/instructing the end-user through configuring
and connecting to the Phase 2 email server(s) and receiving/sending email
- Configuration of Microsoft Outlook® Software - talking/instructing the end-user
through configuring Microsoft Outlook®
- Creation of additional mailboxes, distribution lists and user aliases
- Issues related to Public Folders
- Issues related to security settings within the exchange (server-side) environment
- DNS related issues
SQL Server
- Verify that client can log on to client SQL account
- Verify client has administrator access to SQL database
- Set MIME types on NT servers only
Mail Server
- Verify that domain can send and receive mail
- Verify the mail server is up
- Verify client can log on and administer client mail server
- Verify the mail server is functioning properly
Domain
- Verify domain is on Phase 2 DNS servers
- Verify that domain is pointed to Phase 2 DNS server
14. Product ordering and Provisioning Guidelines
- Zone file changes (DNS) are processed within 24 hours. Propagation typically requires 72 hours before changes are effective
- Domain name registrations are processed within 24 hours of payment. Activation takes 2-3 days
- SSL certificate requests are processed within 24 hours of payment. Client coordination with the certificate provider is required and may take up to 1 week to fulfill
- Changes – upgrades, downgrades are processed within 24 hours. DNS update will require 24 hours before new hosting account can be accessed
- Account cancellations are processed within 24 hours
15. System Updates
Updates occur in real-time and as queued processes. Phase 2 reserves the right to modify the processing times at any time without notice. If a user makes any modifications to a hosting account, the user is responsible to make sure these updates have occurred in the Phase 2 system.
16. Security and Reliability
The security and reliability of the Phase 2 network and services is our highest priority. Phase 2 strives to maintain a fast, secure network and offer easy, hassle-free services. However, there are occurrences when Phase 2cannot guarantee 100% reliability:
- Internet congestion
- Automatic System Updates – Phase 2’s servers regularly update themselves with patches and bug fixes
(These updates can affect our servers in an unexpected way)
- Terrorist Attack
- Acts of God
- Virus/Worm/Denial of Service Attack
User agrees that Phase 2 is not responsible for missing or corrupted data, transmission errors, failure to provide service, delay of service provision or anything in any way connected to the Phase 2 service beyond the cost of service provided. Phase 2's liability to a client shall not be more than the monthly service fee of the immediate prior one month of service.
17. Transmission of Data
Phase 2 is not responsible for unauthorized access or modification of client data stored by or transmitted via Phase 2 services.
Phase 2 is not responsible or liable for any content sent using, or received from, Phase 2 services including that which may be illegal, obscene, defamatory, threatening or that may violate any trademark or copyright.
18. Virus Policy
Phase 2 service provides virus protection against incoming email viruses sent to client's Phase 2 addresses. All incoming messages to the client's Phase 2 domain are scanned. It is our policy to delete affected attachments prior to delivery to client's Phase 2 mailbox. Phase 2 is not responsible for new viruses that are not detected by our scanning software. End-users are responsible for protecting their computers and ensuring that they are virus-free. Phase 2 is not responsible if client's domain name is blocked as a result of sending virus-infected emails. Phase 2 is not responsible for virus-infected email originally sent to email services outside of Phase 2.
19. Passwords
End user is responsible for password confidentiality, and to regularly change the password. Phase 2 is not responsible for any data losses or security issues due to stolen passwords.
20. Size of Mailbox
Each mailbox has a storage capacity or limit. Additional storage can be purchased by emailing or calling the Sales Team. Phase 2 is not responsible for email lost due to full mailboxes.
21. Backup and Restore
There will be a nominal charge to recover data from Phase 2's backup.
Phase 2 does not guarantee to possess the most current copy of a user's website or email.
22. Hosted SharePoint Disaster Recovery Backups
Phase 2 conducts nightly disaster recovery/backups. Phase 2 may charge a service fee to recover a specific SharePoint site lost due to no fault of Phase 2.
23. Hosted Mail Disaster Recovery Backups
Phase 2 conducts disaster recovery backups of each mail store every night to protect the client in the event Phase 2 suffers a system failure or other event that requires the recovery of an entire mail store. The nature of this technology does not permit Phase 2 to restore data from an individual mailbox.
24. Overages
Clients exceeding their monthly hard disk space usage will be required to pay the overage charge or move to the next highest hosting plan.
25. International
Orders from Users in Foreign Countries
Phase 2 welcomes orders from any country. All payments are in US Dollars. Any ordered products or services cannot be started until full payment has been received.
26. Legal
Use of Microsoft Outlook® Software
Phase 2 hosted exchange service includes licensing for Microsoft Outlook® Software. The license fee is included with the monthly Phase 2 service fee. End-users are allowed to install the software one time and on only one PC for each Phase 2 mailbox. If client cancel client Phase 2 account client acknowledge that client are responsible for uninstalling any Microsoft Outlook® user software that is licensed as part of the Phase 2 service.
License to Phase 2
Customer hereby grants to Phase 2 a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to
the extent necessary in the performance of Services under the Order: digitize, convert, install, upload, select, order, arrange, compile,
combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink
the Customer Content; and make archival or back-up copies of the Customer Content and the Customer Web site. Except for the rights expressly granted
above, Phase 2 is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.
Marketing
Client agrees that during the term of this Agreement Phase 2 may publicly refer to Client, orally and in writing, as a client of Phase 2. Any other public reference to Client by Phase 2 requires the written consent of Client.
Intellectual Property
Phase 2 hereby grants to Client a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable Phase 2 Technology solely for the purpose of accessing and using the Services. Client may not use the Phase 2 Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Phase 2 to Client any Phase 2 Technology, and all rights, titles and interests in and to the Phase 2 Technology shall remain solely with Phase 2. Client shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Phase 2 Technology.
Phase 2’s trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Phase 2. Client may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Phase 2. Phase 2 shall maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by Phase 2 to Client. Phase 2 may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses.
Any feedback, data, answers, questions, comments, suggestions, or ideas Client sends to Phase 2 relating to the Services will be treated as being non-confidential and non-proprietary. Phase 2 may use, disclose or publish any ideas, concepts, or techniques contained in such information for any purpose whatsoever.
Disclaimer
Phase 2 is not responsible for damages to user's business. Phase 2 makes no warranties or guarantees of any kind, expressed or implied for services provided. Use of Phase 2's services is at the user's sole risk. Phase 2's services are provided on an "as is, as available" basis.
Phase 2 does not guarantee that our services will be uninterrupted or error free. Phase 2 will use good faith effort to ensure that its services are available to as many Internet users as possible with minimal service interruptions.
In no circumstance will Phase 2 be liable for any claims resulting from the use or inability to use Phase 2's services - including, but not limited to, service interruptions, user errors, Internet connectivity problems, miscommunications, unauthorized access to Phase 2 servers, NIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism and natural disasters.
Warranties and Indemnities
User agrees to defend, indemnify and hold harmless Phase 2 against any liabilities arising out of defective products sold to clients from Phase 2 servers, personal injury or property damage caused by products or services sold or distributed from Phase 2 servers, any material that infringes or allegedly infringes on the rights of a third party available from Phase 2 servers, and any material that libels or allegedly libels a third party available from Phase 2 servers
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO THE VALUE, CONDITION, DESIGN, FUNCTIONING, OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR USE OF THE SOFTWARE, FREEDOM FROM INFRINGEMENT OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE SOFTWARE. COMPANY SHALL NOT BE LIABLE TO ANY USERS OF THE SOFTWARE, INCLUDING USER, FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE SOFTWARE.
User further agrees to indemnify, hold harmless, and defend Phase 2 from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of User applications or services provided by User.
Controlling Law and Severability
The courts of the State of Hawaii, County of Honolulu, shall have exclusive jurisdiction and venue over any dispute, proceeding or action arising out of or in connection with this Agreement or use of the Software. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
Collection and Use of Personal Information
- We will collect and use personal information received through the Service to provide, operate, and improve this and other Phase 2 products and services.
- Except as described in this statement, we will not disclose personal information outside of Phase 2 and its controlled subsidiaries and affiliates without consent.
- In order to help provide the Service, we occasionally provide information to other companies that provide limited services on our behalf. These companies are permitted to use any personal information that we provide to them only in connection with the services they provide to us and subject to their compliance with our privacy practices.
- If partner features are requested, we will, with your permission, share personal information with those partners. Phase 2 is not responsible for the privacy and information handling practices of these partners.
- Information that is collected by or sent to Phase 2 may be stored and processed in the United States or any other country in which Phase 2, or its affiliates, subsidiaries or service providers maintain facilities.
- Phase 2 may access or disclose your personal information, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Phase 2 or our customers, including the enforcement of our agreements or policies governing your use of the Services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Phase 2 employees, customers, or the public.
- We may use cookies and other technologies to keep track of your interactions with the Services to offer a personalized experience.
27. Privacy Statement
Collection and Use of Personal Information
We will collect and use personal information received through the Service to provide, operate, and improve this and other Phase 2 products and services. Except as described in this statement, Phase 2 will not disclose personal information outside of Phase 2 and its controlled subsidiaries and affiliates without consent.
- In order to help provide the Service, Phase 2 occasionally provide information to other companies that provide limited services on our behalf. These companies are permitted to use any personal information that Phase 2provide to them only in connection with the services they provide to us and subject to their compliance with our privacy practices.
- If partner features are requested, Phase 2 will, with client’s permission, share personal information with those partners. Phase 2 is not responsible for the privacy and information handling practices of these partners. Information that is collected by or sent to Phase 2 may be stored and processed in the United States or in any other country in which Phase 2, or its affiliates, subsidiaries or service providers maintain facilities.
- Phase 2 may access or disclose client’s personal information, including the content of client’s communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Phase 2 or clients, including the enforcement of our agreements or policies governing client’s use of the Services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Phase 2 employees, clients, or the public.
- We may use cookies and other technologies to keep track of client’s interactions with the Services to offer a personalized experience.
28. Third Parties
Except as described in this statement, we will not disclose personal information outside of Phase 2 and its controlled subsidiaries and affiliates without consent.
Account Owner
The "Account Owner" listed on your organization’s billing account is the current representative of your organization. Account Owners may delegate their administrative capabilities, excluding account purchases, signatory powers, and ownership changes, to "Service Administrators." An Account Owner or Service Administrator may access or control any personal information, including electronic communications, collected by the Service from the organization’s users. Users should consult with the appropriate representatives of their organization for information about how the organization handles personal information.
Partners
Phase 2 partners may be requested by a customer to provide additional features or support.
- Some partners may be given the ability to access and make changes to an account, but only with the explicit consent of the Account Owner. Account Owners can stop Phase 2 from sharing information with a partner at any time by contacting Support.
- If client’s organization enrolled and purchased this Service through a Phase 2 partner, Phase 2 will share information with that partner in order to provide the Service.
29. Agreement
Complete Agreement
This Agreement constitutes the complete agreement between User and Phase 2. No amendment or modification may be made to this Agreement except in writing signed by User and Phase 2.
Non-Waiver
The failure by either party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.
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