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2D Creative (UK) Ltd
Service Level Agreement (Hosting)
If you access or view the 2D Creative Limited web site or in any way deal with the information contained in this web site you agree to be bound by the conditions below.
2D Creative (UK) Ltd provides Internet World Wide Web page hosting, Marketing, and Development and has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
2D Creative's general policy is to act as a provider of Internet presence. 2D Creative (UK) Ltd reserves the right to suspend or cancel a customer's access to any or all services provided by 2D Creative (UK) Ltd when we decide that the account has been inappropriately used.
This Service Level Agreement must be read in conjunction with our Terms and Conditions and our Acceptable Use Policy (AUP) and may be subject to change from time to time. It is the customers responsibility to ensure that they comply with the latest edition of the AUP at any given time.
If you have any questions about any of our policies, please contact us
This Service Level Agreement (SLA) may be revised, without notice, at any time, at the sole discretion of 2D Creative (UK) Ltd. Completion of the relevant application form or purchase of services by any other means is deemed to be an agreement to our Terms and Conditions and Acceptable Use Policies.
Data Transfer
2D Creative will monitor data transfer for each hosting account. Each account may have an individual limit and if the limit agreed is exceeded the customer will be billed in arrears per GB or part of on a monthly basis.
Normal data transfer cost of £10.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed £6.00/1GB/month.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of 2D Creative is strictly prohibited.
Unauthorised use of other people's accounts or computers - 2D Creative (UK) Ltd will strongly react to any use or attempted use of an Internet account or computer without the owner's authorisation. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a 2D Creative Ltd customer, whether or not the attacked account or computer belongs to 2D Creative (UK) Ltd, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - 2D Creative (UK) Ltd has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on 2D Creative servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by 2D Creative (UK) Ltd to be unacceptable use of 2D Creative (UK) Ltd's services including abuse of server resources.
Hosting accounts may be terminated that include the following content or which have links to the following content:
- Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
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Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
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Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers)
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Displaying material that exploits children under 18 years of age
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Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities
99.9% Uptime Guarantee
(1) Coverage
This 99.9% uptime guarantee only applies to any 2D Creative (UK) Ltd client in good financial standing with 2D Creative (UK) Ltd at the time of a service outage.
(2) Service Level Agreement & Specifications
2D Creative (UK) Ltd endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from 2D Creative Ltd to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via 2D Creative (UK) Ltd's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the 2D Creative (UK) Ltd. 2D Creative (UK) Ltd's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the 2D Creative (UK) Ltd network.
(3) Credits
a. Hosting - In the event that your web site availablilty drops below 99.9%, 2D Creative (UK) Ltd will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.
| Monthly Uptime |
Credit |
| 95% to 99.9% |
10% |
| 90% to 94.9% |
20% |
| 89.9% or below |
50% |
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by 2D Creative (UK) Ltd. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
{4) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at 2D Creative (UK) Ltd, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond 2D Creative's's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in 2D Creative (UK) Ltd's "terms of conditions and Service Level Agreements (SLAa)" causing a machine to fail as a result.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for only new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. 2D Creative (UK) Ltd reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies 2D Creative (UK) Ltd at billing@2dcreative.com to request for termination of services. All payment is in UK Pounds. 2D Creative Ltd will bill each client £25.00 per returned check, per wire transfer received and per credit card chargeback received. All 2D Creative Ltd accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length.
Disclaimer
2D CREATIVE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. 2D CREATIVE MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. 2D CREATIVE DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY 2D CREATIVE AND ITS EMPLOYEES. 2D CREATIVE RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF 2D CREATIVE MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Edition 4/ January 2006 2D Creative (UK) Ltd
Issued by order of the Company Director.
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