OnlineNIC Cloud Terms of services

 

1. Acceptable Use Policy

2. Terms of Service

3. Network SLA

4. Privacy Policy for OnlineNIC, Inc.

5. OnlineNIC Cloud Free Trial Terms

 

1. Acceptable Use Policy

You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of OnlineNIC' Terms of Service (the "Terms of Service") and this Acceptable Use Policy (this "AUP"), including SPAM, and all disconnect and reconnect fees associated with violations.

The following terms constitute an agreement between you and OnlineNIC, Inc. ("OnlineNIC"). This AUP governs your use of the services provided by OnlineNIC (the "Services"). BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THIS AUP.

Statement of Purpose

The Primary Purpose of OnlineNIC is to provide our clients with the resources necessary to put their Internet services online reliably in a lightning fast, high availability environment that responds quickly to each client's individual needs.

Regarding Ultimate Liability

The client is ultimately responsible for individual server security. OnlineNIC disclaims all liability for server content.

Network Misuse

All clients are allowed access to the public and private network; however, misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by OnlineNIC, and an appropriate course of action shall be taken as determined by OnlineNIC in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Content displaying or transferring acts of copulation or exposed genitalia is prohibited, regardless of context. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.

Sabotage

Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.

Private Backbone Network (OnlineNIC Private Tunnel)

OnlineNIC enables the use of a private backbone network, allowing clients to transfer data between servers with unrestricted limits on upload/download. This private backbone is in place to allow the upload/download of content, transmission of information between authorized clients servers, server administration, and transmission of information between servers and OnlineNIC' servers, secure private administration of services, console access, and data retrieval.

Network Security

Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.

Monitoring Policy

OnlineNIC does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by OnlineNIC, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.

Blacklist Policy

If any client or any third-party user that is a customer of our client uses OnlineNIC services, network, or its physical infrastructure in a manner that causes OnlineNIC, or any IP addresses issued by OnlineNIC to be "blacklisted" or "blocked", OnlineNIC reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating OnlineNIC service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

IP Addresses

All IPs addresses issued by OnlineNIC are the sole property of OnlineNIC. Clients retain no ownership rights to any IP addresses issued by OnlineNIC. Clients may not transfer IPs from OnlineNIC. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARINjustification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact sales@onlinenic.com.

IRC/Bittorrent/P2P

IRC Usage shall be allowed unless such usage is abused or creates or enhances any type of problem(s) with OnlineNIC' services or network. It is also deemed a violation of this AUP if it is determined that IRC is the cause or root of a service interruption to other users. Clients may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. If a client's IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or deny service to other clients or users, then OnlineNIC may null-route, filter, suspend, or terminate that client's service. OnlineNIC allows the use of both Peer to Peer as well as Bit Torrent, but we do not permit the transfer of illegal content.

Law Enforcement

OnlineNIC may be required by law to submit client information to law enforcement officials, when presented with a valid subpoena from a court with proper jurisdiction. In such event, the information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any client will only be compromised by the court order of a subpoena. OnlineNIC will notify the client of the information request as allowed by the subpoena.

Violation Claims

Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by OnlineNIC, including without limitation the customers, clients and other users of our clients.

OnlineNIC reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. OnlineNIC also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.

 

 

2. Terms of Service

Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and OnlineNIC's Acceptable Use Policy (.AUP.), including SPAM, and all disconnect and reconnect fees associated with violations. OnlineNIC does not harden or enable additional server security software outside of operating system defaults.

The following terms constitute an agreement between you and OnlineNIC, Inc. These Terms of Service govern your use of the services provided by OnlineNIC (the "Services").

BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Dallas County, Texas any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services "AS IS" and without warranties.

These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.

OnlineNICAccounts

Accounts & Accurate Information. In order to access some of the features of this site or use some of the Services, You will have to create an Account. You represent and warrant that all information You submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You further agree to maintain accurate information by providing updates to Us, as needed, while You are using the Services. You agree that You will notify OnlineNIC within five (5) business days of any change in the information You provided as part of the application and/or registration process and as required by Your Account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by OnlineNIC to determine the validity of information provided by You will constitute a material breach of this Agreement.

 

If We have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, We reserve the right, in Our sole and absolute discretion, to suspend or terminate your Account and any Services.

 

You are solely responsible for the activity that occurs on Your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your customer username/login, support pin code, password, API key (if any) and any/all content which might include payment details.

 

You must notify OnlineNIC immediately of any breach of security or unauthorized use of Your Account. We will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss We or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person. Further, You agree that We may charge You administrative fees equal to $50 (US Dollars) per hour for Our time spent in relation to said matter, regardless of whether or not We return control over the Account and/or domain names in question to You.

OnlineNIC’s Responsibilities

OnlineNIC agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. OnlineNIC reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of OnlineNIC.

Changes to Terms of Service and AUP

OnlineNIC's Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of OnlineNIC. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.

Non-Payment/Service Interruption

Services interrupted for non-payment may be subject to a $25 late fee. Data stored on a client's services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction ofOnlineNIC. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. OnlineNIC is not responsible for data integrity, regardless of circumstance. OnlineNIC strongly recommends keeping up to date and off network backups to protect against data loss.

Refunds/Charge-Backs

No Services rendered by OnlineNIC are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to OnlineNIC within five (5) days of the date which the charge originally occurred. If a charge which is deemed valid by OnlineNIC, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an 'Administrative Fee' of $200 in addition to original amount of funds which were reclaimed.

Suspensions

In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. At which time, a termination fee of $25 will be applied to the account which must be paid within 15 days to avoid full account suspension. OnlineNIC assumes no liability for the integrity of the data stored on a suspended server.

Cancellations

OnlineNIC requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within five (5) days, the server will still be canceled however a termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.

Official OnlineNIC Resellers may cancel their servers up to twenty-four (24) hours after the server's billing renewal date. After twenty-four (24) hours, the server can still be requested to be canceled by the reseller, however the termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.

Fraud

In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of OnlineNIC. All information available to OnlineNIC about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.

Disclaimers of Liability; Indemnification

WE PROVIDE THE SERVICES .AS IS., .WITH ALL FAULTS. AND .AS AVAILABLE.. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A ONLINENIC, INC. REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES' AND OUR SUPPLIERS' AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Support

OnlineNIC provides hardware support related to each direct client's service functioning. OnlineNIC does not offer software support of any kind. OnlineNIC does not provide software support/troubleshooting for the software items chosen from the order form. OnlineNIC only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. OnlineNIC is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by OnlineNIC or the client. OnlineNIC may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system (.OS.) reload per billing cycle; each additional OS reload is $50 per reload. Installation of an unsupported OS is subject to the prior approval of OnlineNIC and to a $50 fee. OnlineNIC does not provide any type of support to the clients of our clients (third party clients). OnlineNIC will only provide support directly to clients of OnlineNIC.

LimeAid, Routine Checkup, Proactive Management

· All LimeAid services are provided on 'Best Effort' basis, and do not necessarily guarantee intended results.

· The Tier 1 and Tier 2 ticketing fee is limited to issues requiring an hour or less of tech time. Issues taking more than 1 hour to resolve will require a $30.00 Tier 3 Ticketing Fee in order to be completed. You may, however, choose to cancel the ticket for no additional fee.

· A final confirmation will be provided when the work is completed. Up to two (2) days will be given for the client to state if the work was not completed correctly. After the two (2) days, the ticket is considered completed and will require an additional cost for more work to take place.

· OnlineNIC shall not be held liable for any downtime that is due to any LimeAid support. LimeAid support time is not eligible to be counted in any way towards the OnlineNIC SLA (Service Level Agreement).

· Once a LimeAid ticket is opened, it is non-refundable.

Abuse/Spam/Bulk Email Policy

OnlineNIC reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.

The following actions will be taken on a case-by-case basis:

1. An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.

2. If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.

3. Habitual neglect of abuse occurring on a client's server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.

OnlineNIC reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, OnlineNIC reserves the right to issue a fine of $200 and immediately terminate the service.

Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client's server are a result of the server's security being compromised, our abuse department will offer the following options:

· At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.

· Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.

· If Operating System reinstallation is not accepted as an option, OnlineNIC may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.

· Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.

If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide OnlineNIC with an explanation via ticketing system within 10 days of the abuse ticket being opened.

DMCA Complaints

OnlineNIC handles any and all Digital Millennium Copyright Act (.DMCA.) complaints very seriously, and will thoroughly investigate each complaint received. OnlineNIC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

The following actions will be taken on a case-by-case basis:

1. A ticket is opened as a warning, providing 48 hours to resolve the situation.

2. After 48 hours with no client response, connection to the IP address from the DMCA complaint will be disabled at the network level. At this time, OnlineNIC reserves the right to assess a $25 fine.

3. After 72 hours with no resolution, services on the server in question will be suspended.

4. After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an Abuse Charge of $200 will be placed on the account. All client data will be destroyed immediately after the cancellation date.

Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay .Research Fees' not to exceed $50 per hour that OnlineNIC personnel must spend to investigate the matter, to be charged only if claims are found to be valid.

Bandwidth Usage/Overages

Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.25 (twenty five cents) over the allotted bandwidth on the service. OnlineNIC reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. OnlineNIC is not responsible for spikes in bandwidth that are caused on a client's service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.

Payment Verification

Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of OnlineNIC. The identity verification measures may include the faxing of two forms of government issued identification to OnlineNIC, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.

Publicity

OnlineNIC keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. OnlineNIC reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name.

All communications from OnlineNIC and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.

Electronic Notifications

Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, .Notices.). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the .Terms of Service. link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of Texas govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Dallas County, Texas. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN DALLAS COUNTY, TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SERVICES, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN DALLAS COUNTY, TEXAS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

 

 

3. Network SLA

OnlineNIC guarantees a 99.99% monthlynetwork uptime per this Service Level Agreement (from here on referred to as "SLA"). Please note that terms and conditions apply.

Network Uptime

OnlineNIC' Uptime

SLA Credit

99.99% and above

0%

99.9%

10%

99.8%

20%

99.7%

30%

99.6%

40%

99.5%

50%

99.4%

60%

99.3%

70%

99.2%

80%

99.1%

90%

Below 99.0%

100%

OnlineNIC' 99.99% Network Uptime SLA consists of 4 parts:

· Global Internet Connectivity - This includes connectivity from the OnlineNIC' network to the outside Internet.

· Private Network Connectivity - This includes connectivity between the privately routed network within OnlineNIC. (OnlineNICPrivate Back-End Tunneling).

· Power - This includes the power which powers the servers in the data center

· Client Control Panel - This includes the accessibility of the client control panel. This SLA does not guarantee functionality of the client control panel.

Hardware SLA

Replacement/Upgrade Guarantee

SLA Credit

4 Hours or Less

0%

Over 4 Hours and up to 8 Hours

20%

Over 8 Hours and up to 12 Hours

40%

Over 12 hours and up to 16 Hours

60%

Over 16 Hours and up to 20 Hours

80%

Over 20 Hours

100%

· Current Generation - All current generation hardware that fails in whole or in part qualifies for our 4 hour SLA. This SLA is only valid after the problem has been confirmed to be faulty hardware.

· Immediate Prior Generation - SLA for the immediate prior generation hardware ("End of Life" or "End of Sale") is based on our best efforts, without time limit, and is subject to repair or replacement hardware being commercially available.

· Older Prior Generation - For older prior generation hardware, our SLA is best efforts and limited to replacement hardware on hand.

· Hardware Not Currently Offered - Any hardware that is not currently offered on our order page is ineligible for SLA.

Terms and Conditions

· OnlineNIC extends this SLA to its direct clients only. OnlineNIC is not liable for downtime caused by a reseller of its services.

· OnlineNIC offers SLA credits for use in future billing cycles only. SLA credits are non-transferrable in any way. SLA credits may not be exchanged for currency of any kind.

· SLA credit is calculated from the time a ticket is opened regarding the issue to the time the issue is resolved.

· Any Customer account not in good standing on payments is not eligible for SLA credit.

· Any Customer account which has had been out of good standing on payments 3 times or more within 12 months prior to the outage is not eligible for SLA credits.

· Any Customer server disconnected due to violation of the AUP/TOS is not eligible for SLA credit.

· All SLA claims must be made with the sales department, and will be issued as account credits.

· Any Customer making false SLA credit claims may be charged a $50 administrative fee per offense.

· All SLA claims must be made within seven days of the network downtime. SLA credits may take up to 15 days to authorize, process, and post to the Customer account.

· SLA credits may not exceed the full monthly amount of the server they are being applied to.

· SLA credit claims can only be made by an authorized user on the account. All other unauthorized claims will be denied.

· SLA credits may not be stacked, i.e. claiming SLA credit on both uplink downtime, as well as power downtime during the same incident.

· In no way does the OnlineNIC SLA include software of any sort. Operating system reloads do not qualify in any way for an SLA credit.

· Any form of management by OnlineNIC of Customer software is not eligible to be included in the OnlineNIC SLA. Any form of hardware reconfiguration due to software or management of software is not eligible to be included in the OnlineNIC SLA.

· Faulty hardware qualifies for the Hardware SLA only when 4 hours have passed from the time that a OnlineNICTechnician has officially diagnosed the problem as being caused by faulty hardware. Until diagnosis is confirmed, the Hardware SLA is inactive.

· Hardware upgrades are eligible for the Hardware SLA only after 4 Hours from the scheduled (between Customer and support) time for repair passes. All hardware upgrades must be scheduled with support in order to be eligible for the Hardware SLA. Immediate, or "as soon as possible" hardware upgrades are not eligible for the Hardware SLA.

· Any failure outside of the OnlineNIC network itself, including bandwidth carrier outages, are not eligible for SLA credit.

· Scheduled maintenance of OnlineNIC network is not eligible for any form of SLA credit.

· Acts of God, including weather, natural disaster, or any other disaster outside of the control of OnlineNIC are not eligible for SLA credit.

· The OnlineNIC SLA is subject to change or revision without notice.

 

4. Privacy Policy for OnlineNIC, Inc.

If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at sales@onlinenic.com.

At OnlineNIC, Inc., the privacy of our visitors is of extreme importance to us. This privacy policy document outlines the types of personal information that is received and collected by OnlineNIC, Inc. and how it is used.

Coverage of this Policy

This privacy policy includes onlinenic.com, lstn.net and all subdomains within.

Log Files

Like many other Web sites, OnlineNIC, Inc. makes use of log files. The information inside the log files includes Internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user's movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Google Analytics

All of the same information recorded in Log Files is also transmitted to Google Analytics. No personally identifying data is included in this type of reporting. You may opt out of Google's advertising tracking cookie or a browser plugin to opt out of all Google Analytics tracking software if you would like by clicking on the links provided.

Cookies and Web Beacons

OnlineNIC, Inc. does use cookies to store information about visitors preferences, record user-specific information on which pages the user access or visit, customize Web page content based on visitors browser type or other information that the visitor sends via their browser.

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites.

Online Advertising

Upon visiting OnlineNIC, Inc. you will receive a tracking cookie from certain advertising network such as Google and or other site accounts owned by OnlineNIC, Inc. which specifies if you are either a current client, current reseller or only a visitor of our site. This cookie is then used on Google's, Bing, Facebook, and Twitter, advertising network to provide you with ads relevant to you.

Information Sharing

OnlineNIC, Inc. only shares personal information with other companies or individuals outside of OnlineNIC, Inc. in the following limited circumstances:

· We have your consent. We require opt-in consent for the sharing of any sensitive personal information.

· We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

· We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of OnlineNIC, Inc., its users or the public as required or permitted by law.

If OnlineNIC, Inc. becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to OnlineNIC, Inc. employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes).

Additional Privacy Rights for Individuals in the European Union

In addition to the rights described elsewhere in this Privacy Policy, you may have additional Personal Information protection rights pursuant to applicable information protection legislation. If you are an individual in the European Union, these may include the right to information portability, the right to withdraw consent for processing, the right to object to or restrict the processing of your Personal Information, and the right to lodge a complaint with the supervisory authority of the EU country in which you reside.

How You Can Contact Us about Privacy

If you have any questions, comments, or concerns about your privacy or this Privacy Notice, please contact us at support.onlinenic.com or you may write to us at the following address: OnlineNIC Inc., 3027 Teagarden St.,San Leandro, CA 94577, USA.

 

 

5. OnlineNIC Cloud Free Trial Terms

 

The ONLINENIC CLOUD  Free Tier program consists of offers (“Offers”) for use of ONLINENIC CLOUD  Services under the ONLINENIC CLOUD  Service Terms and the terms of the ONLINENIC CLOUD  Customer Agreement or other agreement with us governing your use of ONLINENIC CLOUD  Services (the "Agreement"). The FREE trial offer is presenting fully on CLOUD page on main website, not limited to the special deal between you (RESELLERS) and ONLINENIC’s account manager.

 

The Free Trial is only available to new ONLINENIC CLOUD customers for his/her first purchase, and is available for the periods stated on the page following your ONLINENIC CLOUD Activation date. You will not be eligible for any Offers if you or your entity create(s) more than one account to receive additional benefits under the Offers in our sole discretion. You will be charged standard rates for use of ONLINENIC CLOUD Services if we determine that you are not eligible for an Offer.

 

New benefits added to the products/service of Free Trial will be available to you for the remainder of term but will not extend it. If your current trail term has already expired, then you will not be entitled to any such new benefits.

 

If you have not used the ONLINENIC CLOUD FREE resources provided under an Offer in the first 1 months of its activation, we may reclaim those ONLINENIC CLOUD resources after giving you 3 days’ notice. Even if your ONLINENIC CLOUD resources are reclaimed, you may continue to participate in Offers using new ONLINENIC CLOUD resources.

 

Unused usage amounts remaining at the end of the month under any Offers do not roll over to subsequent months. When calculating your use of ONLINENIC CLOUD Services under any Offers, we will aggregate your use across all ONLINENIC CLOUD regions being operated now and in future.

 

We may terminate any Offer on the ONLINENIC CLOUD page at any time.

 

You may not use ONLINENIC CLOUD Services under any Offers to mine for cryptocurrency. If you use ONLINENIC CLOUD Services under an Offer to mine for cryptocurrency, we may charge you standard rates for your use of the ONLINENIC CLOUD Services, and we may suspend your right to access or use any portion or all of the Service Offerings.

The ONLINENIC CLOUD Free Trail is only available in the HongKong region at this time.