Acceptable PowerHost Datacenter User Account Policies V.1/2019
User account policies are generally applicable to the following services:
In order to maintain PowerHost Datacenter’s security and integrity, these user guidelines of data center services are generally established. These policies are automatically applied to all customers when making a service purchase of any kind. The user agrees to use the services only for lawful purposes, in accordance with all applicable laws.
Terms of Service and Modifications.
PowerHost Datacenter reserves the right to add, delete or modify any provision of these policies at any time and without prior notice. The modifications are effective after publication on the POWERHOST site. The user is solely responsible for all use of the services whether it’s used by oneself, their employees, agents, contractors, guests and direct or indirect customers.
PowerHost Datacenter services and servers are to be used for legal/lawful purposes only.
Storing, publication and transmission of any information as well as data or material that violates any current regulation or law is prohibited. This includes: copyrights, trademarks, secret trade or any other intellectual property used without proper authorization, sale of drugs, material that is obscene and / or defamatory and any other data that is considered to be a violation.
a) Pornography or sexual content of any kind.
b) Any attempt to breach PowerHost and third party’s security of networks and connectivity.
c) Use of software without licensing and/or piracy.
d) Gamer content. The use of servers for games is strictly prohibited.
e) Cyber Attacks (IRC Networks, Camfrog, etc.) and all related matters.
f) Proxy servers in any of its direct or indirect ways.
g) Denial of Service (DoS) Any attempt of direct or indirect attack.
h) SPAM: we have a zero tolerance policy when it comes to SPAM of any kind.
i) Server exploiting of any kind; from or to any server.
j) Use, installation and transmission of tools for network violation or access breach.
The user acknowledges/understands that they are responsible for any of the related actions. PowerHost Datacenter at its sole discretion, determines what action will be taken in response to a violation. The violation of this acceptable user policy may also subject the user to criminal or civil liability. If PowerHost Datacenter believes, at its sole discretion, that an acceptable user policy violation has occurred, then such measures may also include, but are not limited to, temporary or permanent blocking of access to customer equipment or data, and the suspension or termination of customer services pertaining to this agreement.
PowerHost Datacenter can fully involve and cooperate with law enforcement authorities in the investigation of alleged violators of the law. It should be noted that PowerHost Datacenter is under no obligation to deliver warnings under any circumstances and may cancel the account without prior notice if the user violates established policies or those that are considered as such.
PowerHost Datacenter V.1/2019
Exclusive for the services of:
The objective of this agreement is to guarantee the quality of the services that PowerHost Datacenter provides to the user in Housing Services, Dedicated Servers and VPS.
PowerHost Datacenter ensures and guarantees the availability and full operation of its connectivity, energy, climate control and infrastructure at a 99.9 percent. The following are excluded:
a) Planned maintenance tasks:
They are tasks derived from preventive maintenance, whether relating to the user or infrastructure, connectivity or energy. For preventive maintenance tasks PowerHost Datacenter will send a statement to the customer with a minimum of 48 hours beforehand, except for emergencies, which will be communicated in less time.
b) Natural Phenomena that put a hold on general functions:
Earthquakes or other acts of nature that prevent different suppliers from delivering a service. Example: massive shortage of fiber optics from every supplier.
c) Problems that arise from customer use, applications or degradation:
- Downtime or degradation of your server due to software; damaged components.
- Programming and design errors that affect server performance.
- IP blocking of the user or its direct or indirect users.
- Denial of Service attacks on customer equipment.
- Data loss as a result of human error.
It should be noted that the SLA does not include individualized hardware or software problems, but focuses exclusively on infrastructure problems. In the case of dedicated servers and VPS with hardware problems, PowerHost Datacenter is committed to repairing and / or replacing the hardware in the least amount of time. Due to different variants there is no way to estimate how long this task will take, however, the assigned technical staff will devote their time and efforts to complete this task as quickly as possible.
PowerHost Datacenter enables all the necessary technical efforts to exceed the service levels agreed in SLA by 99.9%. However, it should be noted that the average monthly recorded Uptime is 99.99%
The user understands that the uptime tables will be measured over the total of the contractual time allotted. In cases where PowerHost Datacenter is not able to provide the insured uptime of 99.9% per this agreement, the user will have the right to request compensation in the form of discounts on their monthly or annual bill under the hiring modality pertaining to the following table of penalties.
In cases of non-compliance, the discount will be deducted from the amount to be paid to PowerHost Datacenter under this agreement, and that can be calculated for each month according to the aforementioned table (calculations made while taking the current month into account) as long as they are problems related to the scope of the SLA as previously mentioned: Energy, connectivity, climate control and infrastructure.
Uptime measurement is carried out using automated tools such as PRTG. When downtime occurs, it is detected immediately, considering the total time of service unavailability. Through external monitoring, the user can also directly measure it for themselves by using their own (or third party) software.
Immediately after an incident, the technical department will issue the user and the PowerHost finance department the PRTG report with the calculation of the corresponding discount, as well as the failure report, mitigation method and measures to be taken to avoid new incidents of the same category.
For all intents and purposes, the uptime guarantee of 99.9% represents a total monthly unavailability of 43 minutes, 49.7 seconds by default, time which is excluded from the aforementioned SLA guarantee.
The applied discount is for fractions of “unavailable hour” after the mentioned default value. For every hour of unavailability, the customer will be entitled to a 10% discount on their billing. If the rate of unavailability is less than 95.0%, the customer may terminate the agreement with PowerHost Datacenter for breach of contract.
Any and all requests for discounts for affected services must be made within 24 hours of the incident. The PowerHost Datacenter technical service will be responsible for the investigation of the incident and will provide the user with a written report.
During investigation processes, the user may appear before the PowerHost Datacenter premises so that the corresponding process is carried out transparently.
5. Response times
PowerHost Datacenter keeps a 24/7 ticket and telephone service system available to the customer. At all levels of support, primary care (which is the application receipt) must be attended within 1 hour. It should be noted that the resolution of issues depends exclusively on the complexity of the problem. However, PowerHost is committed to providing prompt assistance in all incidents. If the primary care is not answered within the agreed upon period, the user will receive a 5% discount on their billing statement.
PowerHost is dedicated to handle each application receipt with all the technical know-hows at their disposal in order to provide the kind of service stated in the agreement.
The user understands that all their software applications and programming hosted on a server are their responsibility. However, PowerHost Datacenter can assist the user with extra support tasks to solve a problem. In cases where additional support is requested, the user will be informed of the scope and costs for subsequent approval.
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