Service Level Agreement

Hagadone Technologies - Hosting User Agreement

Last Revised: 4/27/21

 

1. Overview

The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Hosting Service User Agreement (“Service Agreement”) governs your use of Hagadone Technologies hosting services (“Hosting Services”).

 

2. SERVICE LEVEL AGREEMENT

A:  Website Hosting: Web Hosting plans place your site on our server. Resources are shared between many customers on the same server.

 

B: Website Security Management: Hagadone Technologies will maintain your website to a certain degree for security purposes. This includes keeping your WordPress version up to date along with your plugins in the event of security patches or documented vulnerabilities. Frequency of plugin updates and WordPress Core updates are done at the discretion of Hagadone Technologies. Hagadone Technologies reserves the right to access your WordPress Admin console in order to update WordPress and plugins in order to keep your site safe from any potential vulnerabilities. During updates if there is a conflict with a plugin due to updates, we will find an alternative to keep the site's functionality intact, and give you the option to use the alternative or remove said functionality. If the alternative is not free, you will be responsible for purchase if no other options are available. If there is breakage during updates, the time that it takes to make your site work within the latest version of WordPress will be billable time to you. If you decide to perform your own plugin or wordpress updates, Hagadone Technologies will not be held responsible for fixing any issues on your site due to conflicts or site breakage.

 

B.1: Compromised Websites In the event that you or our Malware/Virus scanner notifies us that your site has become compromised or infected by malware or a virus, Hagadone Technologies will spend 1 hour of billable time diagnosing the problem and preparing a proposal to remove the malware/virus. If you do not agree for Hagadone Technologies to fix the infected site you will have the option to fix the site yourself within 7 days. After 7 days Hagadone Technologies reserves the right to remove your site from our servers. In the event that we are forced to remove the site from our server, we will provide a zip file of your current database and website files. If the virus has impacted the current site data, the most recent backup of your site can also be provided.

 

C: Server Snapshot: Hagadone Technologies takes a snapshot of our server for backups daily.

 

D: Hosting Backup: Hosting Backup and Restore services saves a full backup of your website files & databases to the cloud every 14 days. Hagadone Technologies reserves the right to install plugins on your website in order to be able to perform the backup for your site. If you remove these plugins, Hagadone Technologies will not be held responsible for your website backup failures. In the event that you need your site restored, Hagadone Technologies will be able to restore your site via your most recently stored backup. The time needed to perform this service will be done at Hagadone Technologies’ hourly rate unless this service is offered by a predetermined website management plan.

 

E: SSL Certification: All sites hosted with Hagadone Technologies will automatically receive a SSL certificate for their website. We will generate and securely store the corresponding private key. For security reasons, at no time will we release your private key. Upon account termination, your SSL certificate will not be transferable and you will need to purchase a new SSL certificate on your new server. All SSL certificates will be auto-renewed throughout your time as a Hagadone Technologies hosting customer.

 

F: Staging Sites for Hagadone Technologies Updates & Requested Edits: All websites that are hosted on Hagadone Technologies’ servers will automatically have a staging site created for them in which Hagadone Technologies will use as a sandboxed environment to test any major updates before pushing to your live site. Outside of WordPress and Plugin updates, you have the option to pay Hagadone Technologies to perform edits on your website. For this service we will use the staging site for implementation as well as to gain your approval before pushing to your live site. Any edits or updates that are done to your site that are not done out of Hagadone Technologies’ discretion out of a security concern will be done at Hagadone Technologies hourly rate.

 

G: Server Access: If you require access to cPanel or FTP we will grant you web hosting control panel access through Plesk to have access to your files and databases along with FTP access. You agree that your access to be bound by the Plesk EULA in addition to these terms of service.

 

H:  Migration of Servers: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP address. We do not warrant that you will be able to consistently maintain your given IP addresses.

 

I: Scheduled Maintenance: You acknowledge and agree that as a normal course of business, it may be necessary for us to update and perform maintenance in accordance with industry standards. As a result, Hagadone Technologies will give you at least 7 days notice of any anticipated downtime due to scheduled maintenance. An exception to this would be in the case of critical security issues that requires immediate action.

 

J: Email Services: Hagadone Technologies does not offer email hosting services. Because of this we recommend that you have an account with a SMTP service provider like MailGun to ensure email delivery.

 

K: Termination of Hosting Services: You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) records for your domain name(s) away from our servers. Once we receive your termination request, we will provide a zip file of your current database and website files. You will be responsible for uploading your website and content to your new hosting destination. We will not transfer your website or content to another provider. Once we provide your files you will have 30 days to complete your website transfer before we remove your website from our server. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.

 

L: Termination by Hagadone Technologies:  Hagadone Technologies may terminate your access to the Services, in whole or in part, including deletion or removal of all files, and/or content, without notice in the event that: (i) you fail to pay any fees due hereunder to Hagadone Technologies; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Hagadone Technologies or others, cause Hagadone Technologies or others to incur liability, or disrupt Hagadone Technologies' business operations (as determined by Hagadone Technologies in its sole discretion); (iv) you are abusive toward Hagadone Technologies’ staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such an event, Hagadone Technologies will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

 

M: Modification of Services: Hagadone Technologies reserves the right to modify, change, or discontinue any aspect of the Services at any time with a 30 days notice.

 

N: Unlimited Disk Space/Bandwidth/Website Plans: Our hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, we may take action to restrict the resources your website is utilizing.

 

O: SERVICE UPTIME GUARANTEE: We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per year. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

 

 

3. Compliance & User Responsibilities

A: Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment;  10) Personal Servers; 11) Game Servers; 12) Pirated Software; 13) Hacker programs or archives; 14) Warez sites; 15) Sending of Unsolicited email; 16) IRC bots or software; 17) Pornography; 18) Virus infected software or email; 19) Violating U.S. export restrictions; 20) Threats; 21) Stalking; 22) Illegal Activity; 23) Theft; 24) Violation of DMCA; 25) Copyright infringement of any kind; 26) CDB or CDB related products or services; 27) Drug or Drug related prouducts or services.

 

B: Compliance with Applicable Law:  You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of data exported to or from the United States or the country in which you reside.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf.

 

C: Third Party Websites: The Services may contain links to other websites that are not owned or controlled by Hagadone Technologies ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.

 

D: Payment Card Industry Security Standard Disclaimer: You are solely responsible for the security of the data and billing information you collect on your website. Hagadone Technologies will not monitor your websites for compliance and therefore we are not able to verify whether your website complies with the PCI Standard.

 

E: HIPAA Disclaimer: The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Hagadone Technologies does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. Hagadone Technologies does not sign “Business Associate Agreements,” and you agree that Hagadone Technologies is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.

 

F: DISCLAIMER:  You acknowledge and agree that your use of the Services, including any  information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Hagadone Technologies exercises no control over, and accepts no responsibility for, the content of the information passing through Hagadone Technologies host computers, network hubs and points of presence or the Internet. Hagadone Technologies shall not be responsible for any damages your business may suffer. Hagadone Technologies makes no warranties of any kind, expressed or implied for the Services. Hagadone Technologies disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Hagadone Technologies or our employees.