WagerHosting's Terms of Service

This agreement represents the complete agreement and understanding between WagerHosting and Customer and supersedes any other written or oral agreement upon notice published on-line via the WagerHosting site, www.WagerHosting.com, WagerHosting may modify these terms and conditions, amplify them and/or modify the prices, as well as discontinue or change services offered. Please read the following terms and conditions carefully since they govern your use of WagerHosting network and servers. By accessing this network and any of the servers therein, you agree to be bound by the terms and conditions below, as WagerHosting may modify them, from time to time. Each user of this network agrees to the following Terms and Conditions:

Acceptable Use Policy (AUP)

This services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any International Agreement or Costa Rican regulation is prohibited.

A. Customer agrees not to allow WagerHosting equipment and services to be used for activities specifically prohibited by the Acceptable Use Policy (AUP). It is the Customer's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Customer's responsibility to regularly check for updates.

Customers must not allow WagerHosting resources to be used for:

Any criminal or illegal activity
Unlicensed distribution of copyrighted materials
Material that is defamatory or threatening
Customer shall not engage in SPAM (distribution of unsolicited emails)
Hacking, network scanning
Child pornography, Animal Abuse
Virus distribution

B. Customer agrees to compensate WagerHosting for any expenses WagerHosting may incur resulting from Customer's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $99 per hour during normal business hours. Emergency investigations are charged double-time at $198 / hour with a one hour minimum.

C. Customer is responsible for any activity conducted on their server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. WagerHosting will endeavor to assist Customer but WagerHosting is not responsible for protecting Customers from hackers and their actions and use of Customer's server.

D. WagerHosting does not monitor Customer's content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.

E. WagerHosting does not issue refunds for terminated service due to suspected AUP violations.

Service Level Agreement (SLA)

WagerHosting is committed to provide a reliable, high quality network to support our customers worldwide. Delivering consistent access to your data is a high priority for us and is part of the reason we offer a Service Level.

A. Network availability. WagerHosting guarantees that the network will be available 99.5% of the time in a given month (219 minutes or 3.7 hours of unscheduled downtime per month), excluding scheduled maintenance. If the downtime ever exceed 75 minutes in a month, WagerHosting, will credit the customer 1.0% of the monthly fee for every hour the Network is down, not to exceed 50% of their base monthly fee.

B. Hardware Guarantee.WagerHosting guarantees the functioning of all managed hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin immedately upon indentification of the hardware failure and is guaranteed to be complete within 24 hours from the problem identification. Managed Hardware components are difined as processors, RAM, hard disk(s), NIC, switches, routers, firewalls, and other related hardware included under the ownership of WagerHosting.

C. Exceptions. Customer will not receive any credits under this SLA in connection with any failure or deficiency of the Data Center LAN SLA caused by or associated with:

Circumstances beyond WagerHosting reasonable control, including, without limitation:

Acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus infection, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
Outages elsewhere on the Internet that prevent access to an account. This SLA applies only to those areas under the direct control of WagerHosting, including links to the Internet and WagerHosting routers. Degradation of service due to high packet loss or similar conditions, which may be indicative of the Internet as a whole;
Server hardware failure; (refer to hardware and/or web site SLA)
Failure of access circuits to the WagerHosting Network, unless such failure is caused solely by WagerHosting;
Scheduled maintenance and emergency maintenance and upgrades;
DNS (Domain Name Server) issues outside the direct control of WagerHosting;
Issues with FTP, POP, IMAP, or SMTP customer access;
False outages reported as a result of any Cyber Cast Intl measurement system problems or errors.
Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.);
Any negligence, willful misconduct, or use of the Services in breach of WagerHosting Terms and Conditions and Acceptable Use Policy by the Customer or other users.

Payment and Terms

Customer shall pay the initial fees set forth on the WagerHosting website, prior to the commencement of service. Thereafter, Customer's account shall be automatically renewed upon expiration and its credit card charged, or other payment received, in advance for the next service period on the day of expiration. In the event that Customer shall fail to pay for such services in advance of for that service period, WagerHosting is entitled to unilaterally termintate this agreement and discontinue the service provided to the Customer or the applicable account for which payment has not been received. Any service disconnection or suspension requires a $25 reinstatement fee.

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