Terms of Service
Terms of Service
All services provided by Spitfire Web Solutions Hosting & Billing (“A division of Capricaries House, Inc.”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless Spitfire Web Solutions Hosting & Billing from any claims resulting from the use of service which damages the subscriber or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to Spitfire Web Solutions Hosting & Billing servers, or any other server on the Internet. Links to such materials are also prohibited.
- Non-acceptable Content, Practices & Restrictions
In order to protect our customers & our servers there are certain types of content that we do not allow under any circumstances. Much of what we do not allow is typically targeted by malicious users & hackers which can harm the reputation of our servers, services & IP address space.
Examples of non-acceptable content or links are:
- Child Pornography
- Hackers applications/archives
- “Warez” sites
- proxy applications
- IRC Scripts/applications or bots
- rapid-leech (and similar)
- torrents or torrents listings
- spam applications
- mass-mailing software
- pirated software
Any content outlined above found on Spitfire Web Solutions Hosting & Billing servers will be removed without notice & the offending account flagged for review. In the event illegal activity is found, local law enforcement will be notified.
We currently do not allow sexually explicit content or pornographic content; defined as nude videos, photographs or sexual activity.
Example of allowable content: Lingerie storefront
Example of prohibited content: Sexually explicit images/videos or links/advertisements
Additionally, we do not allow: “Get rich overnight” style content, questionable/unethical styled content, forex sites or any other content that we feel could potentially take advantage viewers of your site. Questionable or get rich overnight content is not illegal, however, we do not allow it to be associated with Spitfire Web Solutions Hosting & Billing or hosted alongside other customers of Spitfire Web Solutions Hosting & Billing.
Any attempt to undermine or cause harm to a server or customer of Spitfire Web Solutions Hosting & Billing is strictly prohibited. As our customer you are responsible for all your accounts. Should you knowingly violate the Terms of Services outlined within, your account is subject to be cancelled without refund.
You MAY NOT resell web hosting space from a shared web hosting account. Any account found in violation will be notified first and then suspended if no corrective action is taken. If you wish to resell web hosting services, you need to utilize a reseller hosting account.
- Payment Information & Account Payment Terms
By the Account Activation Date of each month, Spitfire Web Solutions Hosting & Billing shall either:
(1) debit the client’s credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.
When an invoice is delivered to the client, payment shall be remitted to Spitfire Web Solutions Hosting & Billing by no later than the specified payment due date. Spitfire Web Solutions Hosting & Billing shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis.
All credit cards are billed automatically on a monthly basis.
It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within days. If we do not receive a response within 1 day of the due date, the account, and all accounts under that account plan, will be suspended for non-payment. We will then grant an additional 10 days for the account balance to be brought current before we terminate services.
Payment Reminder Email:
A payment reminder email is sent to you each month 15 days before the due date.
Payment Due Date:
Your service due date is displayed on your account information details. You can view the due date at any time by logging into the Account Management Portal.
Any account with a past due balance will be suspended 24 hours after the current invoice due date. No exceptions unless an arrangement is made.
Any account that has a past due balance will be terminated from the Spitfire Web Solutions Hosting & Billing servers on the 30th day after the invoice due date.
If an account is terminated due to unpaid invoices, you will not be able to reinstate service under the existing account OR any new account until the overdue invoices are paid. Accounts found in violation will be reviewed by our billing department & assigned the appropriate invoices.
- Money Back Guarantee & Service Refunds
We offer a 30-day Money back guarantee & Refunds If, within 30 consecutive days you are not happy with our service, you may request to be issued a refund. Refunds will only be issued for website hosting accounts only. This does not include services. Please note, accounts that have had migrations performed by our staff are not eligible for a refund.
- IP Addresses
- LiteSpeed Licensing
- cPanel Licensing
- Softaculous Licensing
- CloudLinux Licensing
- Website Migration Services
- Website Evaluations
- Tech Labor Time
- Late Fees
- Service Setup Fees
- Abuse Fees
Service refunds are not issued on annual or longer plans after the first 30 day refund policy. Any refunds after 30 days can be applied as a credit at the sole discretion of Spitfire Web Solutions Hosting & Billing. Note, cancellations and refunds will not be provided for cancelling a service to obtain a discounted price on a new service. Service credits are eligible in the event of service related outages and all cancellations require a 14 day notice. We do not offer partial refunds and/or refunds on services that have passed the renewal date. Promotional discounts are limited time discounts reserved on new accounts.
On services that are retained on a monthly basis, refunds are not issued after the first 30 days. If your service is cancelled in between billing terms, the service will remain active until the end of the billing term. Any refunds after the 30-day period will be issued as service credit. In the event a payment is further made on the account, the account will remain active until the recent payment term has ended.
If your service includes value added services such as licenses or SSL Certificates, the cost of these services will be deducted from any refund. If the value added services total more than the refund amount, the account will not be eligible for a refund.
As part of our refund policy, a refund is only available on your first order within the 30 day timeframe.
If you have a recurring subscription enabled through your PayPal account, it is your responsibility to remove the subscription. Please be aware that Spitfire Web Solutions Hosting & Billing does not have access to your PayPal account to “charge” for a service. The PayPal subscription service is a customer-configured option offered by PayPal.
- Account Backup Services
As a courtesy, we provide R1Soft Backup retrieval for our customers using shared hosting. In addition, we retain weekly & monthly backups for admin use only & disaster recovery. We highly recommend all customers keep their own, local copies of all data.
Backups are provided as outlined above as a courtesy. While we do our best to perform routine tests, we do not guarantee that our backups will always be usable. There are many factors that could render backups unusable. We cannot be held liable for any backup corruption, failed backups due to corruption or size limitations.
- Migration Services
Migrations of a single domain are included free with each customer.
While we can transfer most websites & hosting accounts in full without issue, certain providers do not allow access to all files such as emails. We will make all attempts to transfer all data however, in certain cases, we may not be able to transfer all data.
The included migration is an initial migration with the purchase of a hosting plan. Requested migrations after the initial migration will be subject to the normal fee schedule.
- Additional Product Installations
Spitfire Web Solutions Hosting & Billing offers product installations to help ease of use for our customers. Spitfire Web Solutions Hosting & Billing cannot be held liable for any security breaches after the initial configuration due to non-maintained installations, 0-day vulnerability releases, unsecured/poorly written plugins, or adding additional services/features to the installation itself. These services are provided “as is” and Spitfire Web Solutions Hosting & Billing is not responsible for any data loss in the event of a security breach.
- Additional Product Support
Spitfire Web Solutions Hosting & Billing makes all attempts to support the installation services offered for website solutions after the initial setup. Some areas may exceed the expertise of Spitfire Web Solutions Hosting & Billing as a web hosting company. No guarantees will be made the Spitfire Web Solutions Hosting & Billing can repair or customize your installation.
- Promotions, Discounts & Coupons
Periodically Spitfire Web Solutions Hosting & Billing may offer special promotions. By accepting to use a promotional item/code, you agree that the promotion is only good for the term specified. Once the promotion term is complete, normal billing rates will apply. You MUST request to cancel your services BEFORE the next billing cycle to avoid being charged normal billing rates. Unless otherwise noted, new customers are only eligible for utilizing a coupon. If a coupon is intended for current customer use, we will explicitly note the eligibility of the coupon.
Discounts apply for new customers/new signups only. You may not cancel an existing account to create a new account using a discount – this is considered coupon/discount abuse. Any account found in violation will be reviewed by our billing department & the correct invoicing applied.
Alternatively, signing up for a new account with different account information such as email address, mailing address to utilize a discount will also be reviewed by our billing department. Promotional discounts are offered for new customers and are not valid for existing customers. Providing alternate account information to bypass our account screening processes will also result in the correct invoicing being applied to the account.
- Account Re-activation, Late Fees, Cancellation Notices & Service Terminations
There are no reactivation fees if your account is suspended & currently still resides in a production hosting environment. If your account has been terminated & you require retrieval from our Disaster Recovery backups, you will be subject to a $50 non-refundable service fee.
ALL accounts require a 14 day cancellation notice. Cancellations are required to be submitted from the account management portal under “Your Active Products & Services section, while logged in. We do not accept cancellations via ticket or email. This is to protect our customers from an unauthorized party emailing on their behalf and terminating the service.
- Liability Addendum
Spitfire Web Solutions Hosting & Billing shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SpitfireWebSolutions.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, SpitfireWebSolutions.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Spitfire Web Solutions Hosting & Billing servers. All damages shall be limited to the immediate termination of service.
- Violations Of This Agreement
Violations of these Acceptable Use Policies should be referred to email@example.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Spitfire Web Solutions Hosting & Billing cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Spitfire Web Solutions Hosting & Billing are resold. Thus, certain equipment, routing, software and programming used by Spitfire Web Solutions Hosting & Billing are not directly owned or written by Spitfire Web Solutions Hosting & Billing.
Moreover, Spitfire Web Solutions Hosting & Billing holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Spitfire Web Solutions Hosting & Billing sees fit.
- Terms Of Agreement
By activating your account with Spitfire Web Solutions Hosting & Billing, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
- Policy Amendments, Updates & Modifications
Spitfire Web Solutions Hosting & Billing reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
- SPAM, Unsolicited Email & Bulk Mailing
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Spitfire Web Solutions Hosting & Billing, but also because it can overload Spitfire Web Solutions Hosting & Billing’ network and disrupt service to Spitfire Web Solutions Hosting & Billing’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Spitfire Web Solutions Hosting & Billing will investigate and shutdown the account that is Spamming. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Spitfire Web Solutions Hosting & Billing reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Spitfire Web Solutions Hosting & Billing choose to pursue and prosecute.
By agreeing to this terms of service, Spitfire Web Solutions Hosting & Billing is authorized to access your accounts hosted on our networks to investigate SPAM complaints.
Spitfire Web Solutions Hosting & Billing has a zero-tolerance policy for SPAM being sent from our networks. Knowingly allowing SPAM to be sent from your server/account on our network is grounds for immediate termination without refund for any service.
- Audio & Video Streaming / File Storage
We do not permit the use of our hosting for storing/streaming large audio/video files. Small files & normal web traffic streaming is allowed however, large sites with the sole intent of streaming videos are prohibited. This does not apply to “embedding” audio/video from other sites such as Vimeo/YouTube.
Spitfire Web Solutions Hosting & Billing is not for file hosting and distribution – as such, customers may not host any files larger than 1GB in size that are observed to be available for the sole purpose of download or storage only. Files stored on your hosting account MUST be active files relating to an active website. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please contact our support desk.
Excluded from size limits are error log files & backups generated from within the control panels located on our servers. While these items are excluded, we do not permit the use of our hosting services for storing backups. When a backup generated, it should be downloaded, then removed. Our automated systems will remove backups that have not been removed in order to ensure our backups run properly. We also do not permit the use of our servers for storing large zip or compressed files as this can also hinder the ability for us to perform backups efficiently.
For additional information on restricted storage & file usage, please view our KB article here: Backup Storage & File Restrictions (make link)
- Abuse, Misconduct & Security
Spitfire Web Solutions Hosting & Billing practices a zero-tolerance policy for abuse towards our staff. All staff members, no matter the severity of the situation are required to act in a professional manner. Abuse towards a staff member is a direct violation of this agreement & grounds for termination pending the review of a manager.
Using Spitfire Web Solutions Hosting & Billing network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is strictly prohibited.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is strictly prohibited.
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software. Exporting encryption software over the Internet or otherwise, to points outside the United States.
Spitfire Web Solutions Hosting & Billing reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software. Engaging in activities, whether lawful or unlawful, that Spitfire Web Solutions Hosting & Billing determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Spitfire Web Solutions Hosting & Billing will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Spitfire Web Solutions Hosting & Billing’ policy or applicable law. However, when Spitfire Web Solutions Hosting & Billing becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Spitfire Web Solutions Hosting & Billing.
Spitfire Web Solutions Hosting & Billing performs automated scans for malicious files & known exploits on all servers. We reserve the right to immediately quarantine and/or remove any malicious files found on our network that can harm the reputation of any servers, IP address space or any transmissions to/from our network for customer services. In the event malicious content is found on an account, you, the customer, will be notified by our abuse department. This includes, but is not limited to exploited plugins, themes and any web applications that are actively engaging in malicious activity.
The customer agrees to indemnify and hold harmless Spitfire Web Solutions Hosting & Billing 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 customer’s services in violation of applicable law or the AUP by the customer or any person using customer’s log on information, regardless of whether such person has been authorized to use the services by customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS SPITFIRE WEB SOLUTIONS HOSTING & BILLING AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SPITFIRE WEB SOLUTIONS HOSTING & BILLING’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM SPITFIRE WEB SOLUTIONS HOSTING & BILLING’S SERVER.
- Monitoring & Subscriber Services
Spitfire Web Solutions Hosting & Billing is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Spitfire Web Solutions Hosting & Billing’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Spitfire Web Solutions Hosting & Billing does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Spitfire Web Solutions Hosting & Billing reserves the right to directly take action against a customer of its subscribers. Also, Spitfire Web Solutions Hosting & Billing may take action against the Spitfire Web Solutions Hosting & Billing’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Spitfire Web Solutions Hosting & Billing anticipates that subscribers who offer Internet services will cooperate with Spitfire Web Solutions Hosting & Billing in any corrective or preventive action that Spitfire Web Solutions Hosting & Billing deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Spitfire Web Solutions Hosting & Billing policy.
Spitfire Web Solutions Hosting & Billing will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Spitfire Web Solutions Hosting & Billing may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Spitfire Web Solutions Hosting & Billing may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Spitfire Web Solutions Hosting & Billing assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Spitfire Web Solutions Hosting & Billing may disclose subscriber information or information transmitted over its network where necessary to protect Spitfire Web Solutions Hosting & Billing and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Spitfire Web Solutions Hosting & Billing will never sell information to other services or outside companies.
Spitfire Web Solutions Hosting & Billing expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Spitfire Web Solutions Hosting & Billing policy. Finally, Spitfire Web Solutions Hosting & Billing wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Spitfire Web Solutions Hosting & Billing for any violation of the Service Agreement, law or Spitfire Web Solutions Hosting & Billing policy resulting in loss to Spitfire Web Solutions Hosting & Billing or the bringing of any claim against Spitfire Web Solutions Hosting & Billing by any third party. This means that, if Spitfire Web Solutions Hosting & Billing is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Spitfire Web Solutions Hosting & Billing, plus costs and attorney’s fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including Spitfire Web Solutions Hosting & Billing and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to firstname.lastname@example.org.
- Bandwidth, Disk space, Email Policy & Storage Restrictions
The intention of Spitfire Web Solutions Hosting & Billing is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Spitfire Web Solutions Hosting & Billing will be the sole arbiter as to what constitutes a violation of this provision. There are safeguards on the accounts to help protect the servers.
Disk Space Abuse:
Spitfire Web Solutions Hosting & Billing will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Spitfire Web Solutions Hosting & Billing client account.
Accounts that contain large numbers of email accounts are subject to the fair use policy. Accounts found having large number of connections that impact availability to email services to other customers may require an upgrade onto their own server.
Storage Use Restrictions:
We do not permit the use of hosting accounts as long term file storage unless the files are directly related to your website. This includes ISO files, OS IMG files & cPanel generated backup files. cPanel generated backup files will be automatically removed from our servers after 24 hours due to the large amount of resources required to back up “backups”. We kindly request that after a cPanel backup is generated, that you immediately download the backup and then remove it from your hosting account. Failing to do so may prevent our R1Soft daily backups from fully completing.
You may not store any of the following items on a web hosting account – this applies to both limited and unlimited plans:
- archives, backups, file storage & file sharing
- copyrighted material
- ISO, IMG, large ZIP/TAR files
- Media files not directly used by your website
Spitfire Web Solutions Hosting & Billing reserves the right to notify & remove content found in violation of this agreement. Spitfire Web Solutions Hosting & Billing has discretion on what files/content may or may not be within this policy and will be reviewed on a case-by-case basis for the account found in violation of this agreement.
- Law Enforcement Cooperation
Spitfire Web Solutions Hosting & Billing will cooperate fully with local & federal law enforcement & will provide customer information, subscriber documents, files, emails & any other documents with the proper requirements upon requests & approval consultation of our attorney.
Using Spitfire Web Solutions Hosting & Billing’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Spitfire Web Solutions Hosting & Billing is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
All legal matters should be directed to: email@example.com
- Reservation of Rights
Spitfire Web Solutions Hosting & Billing reserves the right to:
- Modify/Revise this policy at any time without notice
- Refuse, cancel or suspend service, at our sole discretion (within moral reason)
- Access customer accounts located on Spitfire Web Solutions Hosting & Billing for investigations & compliance audits
- Server, Network, Infrastructure Upgrades & Modifications
Periodically, Spitfire Web Solutions Hosting & Billing will perform server, network & infrastructure upgrades to ensure our services are compatible & to the latest industry standards. This includes hardware, software, networking practices & security policies. Upgrade procedures span from the server application level (such as PHP, Apache, LiteSpeed, CloudLinux, etc.) to physical hardware including memory, hard drives, routing & switching components, storage & the like. Please note, as the owner & maintainer of the websites/applications hosted on your account with Spitfire Web Solutions Hosting & Billing, you are responsible for ensuring that your website is kept up to date & is absent of compatibility issues with non-EOL software releases. In the event Spitfire Web Solutions Hosting & Billing performs an upgrade for an EOL (End Of Life) suite, we cannot be held liable for incompatibilities within your web application.
We routinely test our servers & infrastructure for review on current configurations. During these testing periods, we may deem certain software to be incompatible going forward and at times may replace certain software. This means if we determine a software suite is no longer able to provide sufficient performance or the like, it may be replaced. In the event a software suite is replaced, we will make all attempts to ensure no “features” are removed that affect customer usability of the hosting platform.
- Service level agreement (SLA)
Spitfire Web Solutions Hosting & Billing guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
SLA Terms/Conditions / DDOS Policy:
Credits are available only for future services/invoices and will not be issued as refunds.
All SLA credit requests MUST be submitting to the billing support department within 48 hours of downtime.
The following circumstances are not eligible for service credits:
Scheduled Maintenance windows, customer fault/error, issues with customer ISP, firewall blocks, misconfigured applications, incorrectly installed website software or any other website content. Our SLA policy refers to the uptime & availability of the server & network.
SLA policy does NOT apply to services such as:
- Static IP Addresses
- Websites resolving to temp. IP addresses (example: http://0.0.0.0/~username/)
- SSL Certificates
- Domain Registrations
- Domain Transfers.
- Downtime due to service suspension
- Failure to update DNS records
- Increased latency due to DDOS Attacks
SLA credits are issued at the discretion of Spitfire Web Solutions Hosting & Billing. We will compare the dates/times submitted by the Spitfire Web Solutions Hosting & Billing customer with internal monitoring systems, data & server graphing. We do not accept external monitoring services to claim SLA credits.
Please note, while we provide complimentary DDOS mitigation processes, if your website and/or server is continuously attacked, in some instances we may discontinue service. We will make all attempts to mitigate the attack however, if the attack directed towards your website and/or server begins to affect other customer accounts, it will be disabled. Mitigating DDOS attacks are a bandwidth & resource intensive process. We make all attempts to mitigate incoming DDOS attacks. During the process, there may be increased latency to servers & websites that could cause intermittent loss of connectivity and/or increased load times.
- Website Owner Responsibility
Guidelines for your Website:
You are fully responsible for managing, developing & the operation of your website. Spitfire Web Solutions Hosting & Billing has no responsibility of performing any tasks or maintenance to the website platform that you use to promote our services. You are also responsible for ensuring the content of your website does not violate your local laws, United States federal laws or the laws of the state of Indiana.
Spitfire Web Solutions Hosting & Billing maintains & secures at the server level. Cleaning of compromised sites, scripts & applications are not within the scope of support outlined above. Our tech support will evaluate the current state of your site should a problem arise & at discretion inform you of any charges required. It is your responsibility to properly secure & maintain the websites you choose to host on your web hosting plan.
The scope of support for individual accounts located on any shared account is limited to the server side security & functionality. You must maintain user-level security in regards to email accounts, email forwarders, websites/applications, FTP accounts/applications as well as any user-accessed content/accounts.
Please note, Spitfire Web Solutions Hosting & Billing does not provide web development or coding services. In the event a problem arises our staff will make a best effort however, we are not responsible for ensuring your scripts/code/applications are properly configured and/or coded. In the event of a coding/application problem, we strongly recommend working with our sister site, https://www.spitfirewebsolutions.com, which handles website design and development.
You, the website owner, are responsible for securing & maintaining your website while hosted on Spitfire Web Solutions Hosting & Billing networks & servers. Spitfire Web Solutions Hosting & Billing is not liable for compromised websites and/or outdated scripts/content that becomes exploited.