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Service Agreement

Customer Agreement [Updated: FEB 10, 2015]
 
Terms of Service
 
This Agreement (this “Agreement”) is a legally binding agreement between Delta Internet and Media Services LLC. (the “Company” or "us" in shorthand), and the account owner (the “Customer”, "YOU" and "YOUR"). This Agreement governs Customer's use of all paid project services.
 
All payments are non-refundable except during the first 30 days of service. During the first month if the customer has a concern that the company has not reasonably resolved or if the customer is not satisfied with the service provided they can request a refund. THIS REFUND DOES NOT APPLY TO NOTARY, ON-SITE REPAIR AND CODING OR TESTING SERVICES; INSTALLATION OF SOFTWARE IS ALSO NOT INCLUDED IN THIS REFUND POLICY.
 
1. Services. Subject to the terms of this Agreement, the Company agrees to provide services outlined in the order page, and any other services that may be ordered throughout the lifetime of the account. For public services or other communities or websites ran by the Company the Customer is subjected to this agreement upon use of the Services.
 
2. Term. The initial service term of the Agreement shall begin on the date that services ordered by the customer are setup. The Company will generate an e-mail message to the Customer announcing the activation of the Customer's account (the “Service Commencement Date“). Every month, fourteen (14) days before the renewal date for each service, the Customer will receive a new invoice automatically for renewal of the service in question. To cancel service, the customer must place a cancellation request. This request MUST be received before the invoice is generated for the service to be canceled. Upon receipt of this message, the service will be canceled, and all data specific for that service removed on the service renewal date. The Initial Term and any Renewal date may be referred to collectively in this Agreement as the “Term“. For services with no defined start date or end date the service begins when the customer accesses the service and ends when the customer closes their account, submits written request to terminate or when the customer ceases to use the service. Any such activity that will fulfill the above is also referred to as the "Term".
 
3. Payments.
 
(a) Fees. Fees are payable in advance on the first day of each billing cycle. The Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. The Company requires payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, the Customer authorizes The Company to bill the displayed amount, in United States dollars to the credit/debit card on, or after the first day of each successive billing cycle during the Term of this Agreement; otherwise The Company will invoice the Customer via electronic mail to the Primary Customer Contact listed on the Order.
 
(b) Early Termination. The customer acknowledges that the invoice for services is based on the Customer's order. In the event that The Company terminates the Agreement for the Customer's breach of the Agreement in accordance with Section 9 (Termination), the unpaid fees for each billing cycle remaining in the Initial Term or then current Renewal Term, as applicable, are due on the business day following termination of the Agreement. No refunds for unused service will be returned on accounts terminated for breach of agreement.
 
All Payments must be made in United States dollars. The Customer is responsible for providing The Company with changes to billing information (such as credit card expiration, change in billing address) at its option, The Company may accrue charges to be made to a credit/debit card until such charges exceed $10.00. The customer will be sent an electronic mail to the Primary, and Secondary Customer Contacts if the payment is late. The Company may suspend the service without notice if payment for the service is overdue. Late accounts are sent two notices. A notice will be dispatched to the customer one day after the invoice is due to remind the customer of the invoice. A second notice will be dispatched two days after the invoice is due. After three days, the account will be suspended, and a fifty dollar ($50.00) late fee will be invoiced, and will have to be paid before account reinstatement. Disputes, or charge-backs will result in immediate suspension, with a Two hundred and Fifty dollar Research fee ($250.00) billed to the client, and immediately due. All billing disputes should be handled in the client system, under the business office queue. Billing errors will be promptly corrected with a possible compensation offered to the client. If the account is not paid in full after seven (7) days, the invoice may be forwarded to collections with a reasonable fee to cover collection agency fees, attorney fees, and court costs. Threats of disputes or charge-backs will result in immediate suspension. Please contact the business office for any billing related issues. The Company reserves the right to take full possession and ownership of domains of charge-backed accounts, and sell these domains to attempt to recover losses.
 
Bandwidth overages will be billed at Twenty Five Cents ($0.50) per gigabyte.
 
4. Law/AUP. The Customer agrees to use the service in compliance with applicable law and The Company's Acceptable Use Policy which is hereby incorporated by reference in this Agreement. The Customer agrees that The Company may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on the Customer's use of the Services. Amendments to the AUP are effective immediately. The Company may, or may not notify the Customer of an AUP amendment. The Customer agrees to cooperate with The Company's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between The Company and the Customer regarding the interpretation of the AUP, The Company's commercially reasonable interpretation of the AUP shall govern.
 
5. Customer Information. The Customer represents and warrants to The Company that the information he, she, or it has provided, and will provide to The Company for purposes of establishing and maintaining the service is accurate. The Company may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to the Customer's account until the Customer has provided a written notice changing the Primary Customer Contract.
 
6. Indemnification. The Customer agrees to indemnify and hold harmless The Company, The Company's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of the Customer's services in violation of applicable law or the AUP by the Customer or any person using the Customer's log on information, regardless of whether such person has been authorized to use the services by the Customer.
 
7. Disclaimer of Warranties. The Company DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW The Company DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
 
8. Limitation of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF The Company AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY THE CUSTOMER FOR THREE MONTHS OF SERVICE.
 
9. Suspension/Termination.
 
(a) Suspension of Service. The Customer agrees that The Company may suspend services to Customer without notice and without liability if: (i) The Company reasonably believes that the services are being used in violation of the AUP; (ii) the Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) The Company reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency or (v) for the protection of its employees or agents if customer threatens or otherwise makes an attempt to force the Company or its agents to perform some action notwithstanding upon this agreement. Customer shall pay The Company's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. If Article five is enacted the customer may also be reported to law enforcement personnel as deemed necessary by the Company.
 
(b) Termination. The Agreement may be terminated by The Company prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon three (3) days notice if the Customer is overdue on the payment of any amount due under the Agreement; (ii) the Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within the set time frame on the policy enforcement notice from The Company describing the violation in reasonable detail; (iii) upon one (1) days notice if the Customer violates Section 5 (Customer Information) of this Agreement. The Company also reserves the right to terminate the customer with no reason. This is only used in extreme cases.
 
10. Requests for Customer Information. The Customer agrees that The Company may, without notice to The Customer, (i) report to the appropriate authorities any conduct by the Customer or any of the Customer's customers or end users that The Company believes violates applicable law, and (ii) provide any information that it has about the Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
 
11. Back Up Copy. The Customer agrees to maintain a current copy of all content hosted by The Company notwithstanding any agreement by The Company to provide backup services. The Company will charge a flat fee of $10.00 for each account backup retrieved off the Network Attached Storage drive. This will be free upon server failures. There is no charge for backups off the second hard drive if applicable. VPS and dedicated servers do not have any backups made by default. There is no guarantee that backups will be usable, or valid.
 
12. Changes to the Company's Network. Upgrades and other changes in The Company's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of the Customer's hosted content and/or applications. The Company reserves the right to change its network in its commercially reasonable discretion, and The Company shall not be liable for any resulting harm to the Customer.
 
13. Notices. Notices to the Company under the Agreement shall be given via support ticket and electronic mail. Notices to the Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on file. For Customers with no electronic mail address on file any Notice will be posted on the Services front page. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. The Customer may change his, her or its notice address by a notice given in accordance with this Section.
 
14. Force Majeure. The Company shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond The Company's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, “acts of god“, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
 
15. Governing Law/Disputes. The Agreement shall be governed by the laws of the State of Oregon, exclusive of its choice of law principles, and the laws of The United States. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE SELECTED BY THE COMPANY, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
 
16. Miscellaneous. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on the Customer's purchase order or other business forms are not binding on The Company unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. The Customer may not transfer the Agreement without The Company's prior written consent. The Company may assign the Agreement in whole or in part.
 
17. Service for Minors. (Please note that "YOU" and "YOUR" in this section refers to the Customer) Customers under the age of 18 are not allowed to sign-up for our service. By agreeing to the Terms of Service, you agree that you are over the age of 18. Users under 18 may get a parent or guardian to sign-up for them. By agreeing to the Terms of Service, you agree that you are over 18, and are able to legally enter a contract. Users under the age of 18 may be allowed to be the primary contact on an account providing that a parent or guardian is on the account and is the responsible party for said account. On occasion the company may offer public services; in order to use these the customer MUST be 13 years of age or older and have parental permission if not over 18.
 
18. Severability. A portion of this agreement deemed to be unenforceable, or illegal, will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
 
19. Domain Names. Clients who register domain names through The Company agree to the domain terms of service. These rules follow ICANN regulations and these terms.
 
20. Free Services. Customers must not use our RESELLER HOSTING ACCOUNTS to offer any of the following kinds of FREE services but are not limited to; free web hosting services, free e-mail services, free blogging services, free home pages, free image hosting, or free trial accounts.

There are several reasons for these prohibitions on free services. The reasons include, but are not necessarily limited to, the following:

a. First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.

b. Our customers, including (resellers) are all paying for prompt, reliable service and we have built a solid reputation for delivering excellent service to them. We cannot risk having unidentified persons damage our reputation.

c. Users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.

d. Spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose our servers to severe abuse and could harm US/ all of our customers, and all the customers of our resellers.

e. Free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as our policies, we must prohibit them.

If the Customer violates this prohibition on free services, we may suspend their account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.
 
Additional Information. The Company reserves the right to request additional identification on any order. The request for additional identification will be sent to the customer before services are established
 
This Agreement supersedes and replaces any prior understanding or communication, written or oral. This Agreement may be modified at any time with or without notice of the Company.
 
Acceptable Use Policy
 
 
 
1. Offensive Content. You may not publish or transmit via any service provided by us any content that we reasonably believe:
 
constitutes child pornography;
constitutes pornography of any nature;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person’s privacy;
creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
clearly infringes on another person's trade or service mark, patent, or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us or
is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers.
 
2. Security.
 
(a). You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
 
(b). IRC networks are prohibited on our service. Any account hosting IRC bots/scripts or proxies will be terminated upon discovery, and will be subject to a one hundred ($100) dollar clean up fee.
 
(c). Hosting any type of phishing website is prohibited. Phishing website is defined as any website that collects personal information without the knowledge of other persons. Any account hosting a Phishing website will be terminated without any notice, and referred to the FBI with all logs for investigation.
 
(d). Proxy Scripts are prohibited on our service. They create large loads, and can be used to relay illegal activity, including site defacements. Accounts hosting proxies of any nature will be suspended upon discovery.
 
(e). Support Abuse. Any abuse of our support resources will result in a One Hundred ($100) dollar fee, and will result in account suspension. Please treat our staff in a respectful manner. This includes using foul language towards our staff members, bumping tickets, submitting more than one ticket for the same problem, or anything that may be deemed abusive by staff members.
 
(f). Shared/Reseller services are provided off shared servers. The server may not be excessively used by one user. Any account using excessive resources may be temporarily suspended with(out) notification. You may NOT use our service to run resource intensive scripts. Accounts constantly using excessive amounts of resources will be asked to upgrade to a dedicated server.
 
(g). It is prohibited to host any form of Virus, Trojan, Key logger or worm on our service, even if it is to be used for “educational” or “experimental” services. Any account found with Virus, Trojans or Key loggers will be terminated immediately.
 
(h). Executable Scripts are prohibited on our shared/reseller servers. They can be used for destructive, and resource intensive purposes. Accounts with Executable scripts will be terminated upon discovery.
 
(i). Hosting, or providing IM bot service is not allowed on our service due to the fact that it may consume large amounts of bandwidth, and resources. Any accounts hosting such content will be terminated.
 
(j). Peer To Peer network scripts are prohibited. Any account found to be sharing, distributing or downloading Peer To Peer files will be suspended and a $50 Peer To Peer administrative charge will apply.
 
(k). Any websites providing Warez / Serials are not welcome on our service due to the fact that these are often used for illegal purposes, Sites hosting Warez or Serials will be suspended upon discovery, and forced to remove content in question.
 
(l). Any attempts to undermine or cause harm to a server owned by us, or subscriber of our service providers is strictly prohibited. This includes, but is not limited to:
 
Logging into a server or account that you don't have authorization to access.
Taking services, or trying to access data that is not intended for your use.
Attempting to probe, scan or test any vulnerability of any system, subsystem or network without authorization.
Hacking, tampering, modifying, or corrupting, breaching security or authentication measures without proper authorization.
Interfering, intercepting or modifying any system, data or information.
Interfering with service supplied to any user, host or network. This includes without limitation, by overloading, "flooding," or "crashing" any system.
 
3. Bulk Commercial E-Mail.
 
You must obtain our business offices advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to our reasonable satisfaction:
 
Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
 
Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
 
You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and our staffs' requests to produce consent evidence within 72 hours of receipt of the request.
 
The body of the e-mail must describe how the e-mail address was obtained.
 
You have procedures in place that allow a recipient to easily revoke their consent, such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
 
You must post an abuse@yourdomain.com e-mail address on the first page of any Web site associated with the e-mail, and you must promptly respond to messages sent to that address;
 
You must have a Privacy Policy posted for each domain associated with the mailing;
 
You have the means to track anonymous complaints;
 
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and you must comply with the CAN SPAM Act and other applicable laws.
 
These policies apply to messages sent using your service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
 
The companies’ staff may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
 
4. Unsolicited E-Mail.
 
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
 
You must comply with the rules of any other network you access or participate in using your our services.
 
5. Material Protected by Copyright.
 
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
 
You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
 
You are otherwise permitted by established United States copyright law to copy the work in that manner.
 
We will terminate the service of repeat copyright infringers. At our discretion, a $25.00 DMCA processing fee will apply to account holders who receive DMCA notices.
 
All torrents, including “legal” torrents are prohibited on our service. Torrents are used to distribute often illegal content. This includes torrent trackers. Any site hosting torrents, or torrent trackers will be suspended upon discovery. URL downloaders, website/file copying utilities are also prohibited
 
6. Copyright Infringement Notice (Digital Millennium Copyright Act).
 
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on our network or servers should be promptly sent in the form of written notice to the Designated Agent for DMCA Notices listed below:
 
Delta Internet and Media Services LLC.
PO Box 809
Troutdale, Oregon 97060
service (at) deltaims (dot) net
 
Your notice must include the following:
 
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
7. Other.
 
You must have valid and current information on file with your domain name registrar for any domain hosted on our network. We offer domain service to all clients. Clients are bound to the domain agreement located within our Terms of Service. If the account attached to the domain is suspended for non-payment, or the payment for the domain has been charged back. We reserve the right to lock the domain, and require payment before the domain is unlocked. Anonymous FTP is enabled on certain servers. This is enabled PER ACCOUNT! Be warned that any illegal activities that occur due to anonymous FTP being activated on your account will result in action against the account holder. HYIP and related sites are NOT allowed on our servers due to the risk of denial of service attacks that are commonly placed against these types of sites.
 
8. Disclaimer.
 
The organization is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers. Activities and disclaims any responsibility for any misuse of the network. Inquiries regarding this policy should be directed to our service team at service@deltaims.net.
 
Service Level Agreement (Latest revision: Feb 10th 2015)

This Service Level Agreement provides the Customer with certain rights and remedies regarding the performance of our services and servers. Use of the Service constitutes acceptance and agreement to the Terms of Service, Acceptable Use Policy and this SLA. We offer a 99.9% Service Uptime Guarantee on all of our hardware. Any downtime or maintenance that is planned/routine will be provided to the customer in the form of an email seven days prior to such work. Any emergency or unplanned maintenance will be provided to the customer within twelve hours whenever possible. Service outages that are known will be reported within one hour to all customers. We also offer a 12 hour ticket response time guarantee, meaning that we will research your issue and provide you with an adequate response within twelve hours or a notification that your issue has been passed to the proper department for further research. We do not offer a ticket resolution guarantee as in this field it is impossible to resolve certain problems within any specific timeframe. Claims for credit are issued only if the customer makes the request within seven days to the Customer Service Department via ticket. Credits are issued in the form of one day out of the services already paid for and are only transferable to account credit. After four days of downtime a month credit will be issued. This does not affect hardware owned by the Customer, any failures caused by a Customer’s neglect or lack of technical knowledge, circumstances beyond the company's reasonable control, including without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of service. Emergency support for server down issues and hardware failure is offered 24 hours a day 7 days a week 365 days a year. Emergencies are defined as server down issues that cause the system to not function or otherwise be completely inaccessible. Issues caused by a customer’s neglect or negligence are not defined as emergencies and are not covered under SLA. Issues incorrectly filed as emergencies are subject to being invoice by the on duty network administrator a fee for services per hour of no less and no greater than 150 dollars PER hour of work.