SLA and Terms of Service for TT WEBHOSTING.

[Hereafter referred to as "TT Webhosting"] constitutes agreement to these terms.

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This “Agreement” is made, entered into and executed on Sunday 3rd October, 2021 (hereinafter referred to as the "Effective Date")

Service Level Agreement (SLA) Shared Hosting / Reseller Hosting SLA

100% Network Uptime

TT Webhosting guarantees network availability for our public Internet network to be 100%. In the event that our network does not experience 100% network uptime in a given month, TT Webhosting will refund 5% of the customer’s monthly service fees for those servers affected, for each 30 minutes of network downtime experienced up to 100% of the monthly service fees for those servers affected.

1 Hour Hardware Replacement Guarantee

TT Webhosting guarantees to replace any failed server hardware components provided by TT Webhosting at no cost to the client within one hour of problem identification. In the event that it takes TT Webhosting longer than one hour to replace any failed hardware component after problem identification, TT Webhosting will refund the customer 5% of the monthly service fees for each 60 minutes of downtime up to 100% of client’s monthly service fees for the affected server.

99.9% Managed Shared Hosting and Reseller Hosting Uptime SLA

TT Webhosting’s goal is to maintain 99.9% uptime on all of our Shared Hosting and Reseller Hosting hardware. 99.9% Shared Hosting Uptime guarantee is counted on per month basis here at TT Webhosting.co.uk. In the event that a Shared Hosting or Reseller Hosting hardware does not experience 99.9% uptime in a given month, you are eligible for a prorated credit equal to twice the amount of time that the Shared Hosting or Reseller Hosting was down for.

Service Level Guarantee uptime is monitored on a rolling monthly basis.

The maximum credit you can claim will not exceed the monthly bill for the server.

Any scheduled downtime of the Shared Hosting /Reseller Hosting for hardware or software maintenance will not apply towards this downtime calculation. The SLA does not apply to any software or services running inside Client’s server, nor to the Client’s server directly. It is only for downtime caused by issues with the hardware node itself. The SLA does not apply in any situation which the downtime was caused or could have been prevented by the Client. For example, if a Shared Hosting hardware is down because of a filesystem check (fsck) causing a client’s Shared Hosting to be offline, the SLA would apply. If a client shuts down their own Shared Hosting or misconfigured it to be offline, the SLA would not apply. If the hardware node is online and functioning properly then the SLA will not apply in any case.

Terms

All SLA claims must be filed by opening a helpdesk ticket through our client portal within 7 days of the incident. The helpdesk ticket must include all relevant information including server name, IP address, full description of the incident and any logs (if applicable). All SLA credits will be issued as service credits against future invoices.

Network downtime is measured from the time the network is 100% unreachable until connectivity has been restored. Any scheduled downtime or network maintenance will not apply towards this downtime calculation. The 100% Network Uptime guarantee does not apply to any software or services running on a client’s server, nor to any hardware within a client’s server.

The 1 Hour Hardware Replacement Guarantee does not apply to replacing a failed disk drive that is in RAID so long as the other RAID disk(s) are functioning properly. The guarantee also does not apply to any time required to rebuild a RAID disk array or the time required to restore or reload any software or data to the affected server.

Clients currently in arrears for services do not qualify for SLA claims. Clients participating in malicious or aggressive activities thereby causing attacks or counterattacks, do not qualify for SLA claims and shall be in violation of the AUP.

Terms of Service (TOS)

Account Setup / Email on file

We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government-issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers

Our transfer's team will make every possible effort to help you move your site to us; however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best; however, in some cases, we may be unable to assist you in a transfer of data from an old host.

Content

All services provided by TT Webhosting may only be used for lawful purposes. The laws of England and Wales apply and all claims concerning this agreement shall be brought exclusively in English courts located in England.

The customer agrees to indemnify and hold harmless TT Webhosting from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@ttwebhosting.co.uk with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all shared and reseller servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Using a shared account as a backup / storage device is not permitted

Clients may not use this space for anything other than active hosting files, i.e., files needed for their actual website. It is not to be used to store other data, backups, or archive files of any kind. Files must be publicly accessible and linked on your site. Shared Hosting space may NOT BE used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. TT Webhosting expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. TT Webhosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of TT Webhosting's terms and conditions.

Examples of unacceptable material on our servers include:

Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

TT Webhosting services, including all related equipment, networks and network devices are provided only for authorized customer use. TT Webhosting systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorised access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of TT Webhosting system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, pleases contact us at abuse@ttwebhosting.co.uk and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or UseNet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

TT Webhosting reserves the right to require changes or disable as necessary any website, account, database, or another component that does not comply with its established policies or to make any such modifications in an emergency at its sole discretion.

TT Webhosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is entirely at the discretion of TT Webhosting.

Payment Information

You agree to supply appropriate payment for the services received from TT Webhosting, in advance of the time period during which such services are provided. You agree that until and unless you notify TT Webhosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing by submitting a ticket from your client portal access at https://www.ttwebhosting.co.uk/billing/. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of TT Webhosting, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. TT Webhosting provides a 1 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 1 day and not paid will result in a 10GBP late fee and/or an account suspension until the account balance has been paid in full.

Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact sales@ttwebhosting.co.uk.

TT Webhosting reserves the right to change the monthly payment amount and any other charges at any time.

Backups and Data Loss

Your use of the service is at your sole risk. TT Webhosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on TT Webhosting servers.

We strongly urge and request our customers to regularly maintain and download backups of their websites on their local networks. Alternatively, you can purchase our managed paid backups, which offer more redundancy with backups.

Backup retention policy on Shared / Reseller servers

TT Webhosting offers "DAILY BACKUPS" for a small monthly fee with all our Shared / Reseller hosting plans. We do not take responsibility or guarantee to preserve the consistency of backups. We generate Daily Incremental backups and store them in the onsite data centre. We offer 1-day retention of our daily offsite backups and the backups are generated during off-peak hours after 00:00 pm (UK time). At any given time, we have yesterday's backup available for accounts, in incremental format. Other than last night generated backups, TT Webhosting does not maintain or preserve any other backups or any other retentions.

Backup generation policy

With our daily backup as a service with our shared or reseller hosting plans, TT Webhosting will backup accounts that do not exceed 10GB of used disk space for their individual accounts. Any account exceeding 10GB of "used" disk space will be skipped from our daily backup retention automatically, and TT Webhosting does not take any responsibility or guarantee to offer any data to be restored at any given time, for such accounts that are skipped from our backup policy. For accounts exceeding 10GB of used disk space, customers are requested to either maintain their own local backup copies or can purchase our paid backup services.

Cancellations and Refunds

TT Webhosting reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Shared Hosting customers, reseller hosting customers and semi-dedicated hosting customers may cancel at any time by submitting a cancellation request via client portal located at https://www.ttwebhosting.co.uk/billing/. TT Webhosting gives you an unconditional 14-day money-back guarantee on managed Shared Hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with PayPal.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

Bank Wire Transfers

Western Union Payments

Checks

Money orders

Shared Hosting and Reseller Hosting customers should inform the Billing Department at TT Webhosting by raising a ticket or sending an email at least 7 working days before your billing date if you intend to cancel your server. You need to inform us in writing by creating a ticket from your client portal at https://www.ttwebhosting.co.uk/billing/.

The refund policy is not applicable on Domain Registration, Free add-ons such as SSL Certificate, Dedicated IP Address and any Offers that include Free Months.

There are no refunds on any Shared Hosting, Reseller Hosting, administrative fees, install fees for custom software, or domain name, SSL, Dedicated IP, WHMCS, CPanel/WHM or third party product purchases. Refund requests for shared and reseller accounts after the initial 14 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Resource Usage

User may not:

Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike, half-life, battlefield 1942, etc

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("https://yourdomain.com/include.php") use include ("include.php")

INODES

An inode is a data structure used to keep information about a file on your hosting account. The number of inodes indicates the number of files and folders you have. This includes everything on your account, emails, files, folders, anything you store on the server.

There is currently a limit of 50,000 inodes on our shared accounts. The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding 15GB disk usage and/or 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up to 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.

The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build-up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here

MySQL / MsSQL DISK Usage

All though TT WEBHOSTING LTD offers unlimited MYSQL / MsSQL databases along with our shared web hosting plans, we limit the TOTAL disk usage for ALL mysql or mssql databases per account to 1 GB. This is to avoid one particular account from filling up our drive partitions (where mysql or mssql databases are hosted) and using up the disk space.

Bandwidth Usage

You are allocated a Hosting Bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Moneyback Guarantee

Each of TT Webhosting Shared Hosting or Reseller Hosting server customers carry a 14 days money-back guarantee for the first account they sign up with us. 14-day money-back guarantee is applicable for our web hosting services. 14-day money-back guarantee does not apply for domain name purchases, domain name transfers, software licenses including cPanel, softaculous, Imunify360, SSL certificates or any abuse complaints. If your account is not flagged as an offender to our "Terms of Service" as per our AUP, and if you are not satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount (less any charges applicable to software licenses including cPanel, softaculous, SSL certificates). Remember, this is only for monthly shared or reseller packages and does not apply to administrative fees, install fees for custom software, or domain name purchases.

Any customer or their account activity that do not respect our TOS & AUP (Terms of Service and Acceptable Usage Policy), automatically void our 14-day money-back guarantee or any kind of refund policy.

Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of TT Webhosting dependent upon justification provided. Third-party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@ttwebhosting.co.uk with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. The total credit applicable would never be more than one month's hosting charges paid by the customer at any time and for whatever reason.

Hardware Failure

TT Webhosting engineers monitor the Servers round the clock to avoid downtime due to server load or network. However, Hardware Failure is an uncontrollable disaster for which compensation is not applicable. During such occurrence, downtime can extend from 24-48 hours due to hardware and software replacement and data restoration.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. TT Webhosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. TT Webhosting will hold any reseller responsible for any of their clients' actions that violate the law or the terms of service.

Shared (non-reseller accounts)

Shared accounts may not resell web hosting to other people; if you wish to resell hosting you must use a reseller account.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on TT Webhosting, and the right to increase the number of resources given to plans at any time.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold TT Webhosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TT Webhosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TT Webhosting against liabilities arising out of;

Any injury to person or property caused by any products sold or otherwise distributed in connection with TT Webhosting;

Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

Copyright infringement and

Any defective products sold to customers from Weltschmertz's server.

Arbitration

By using any TT Webhosting services, you agree to submit to binding arbitration. If any disputes or claims arise against TT Webhosting or its subsidiaries, such disputes will be handled by an arbitrator of Weltschmertz's choice. An arbitrator from the National Arbitration Forum will be selected in England. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.

Disclaimer

TT Webhosting shall not be responsible for any damages your business may suffer. TT Webhosting makes no warranties of any kind, expressed or implied for services we provide. TT Webhosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by TT Webhosting and its employees.

Disclosure to law enforcement

TT Webhosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

We will cooperate fully with law enforcement agencies.

Changes to the TOS

TT Webhosting reserves the right to revise its policies at any time without notice.