Terms Of Service

Terms of Services (TOS)

Terms of Service (TOS)


Customer agrees when using, or accessing lvl.Host services that the terms and conditions of this policy will be met:
User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all
Applicable Laws including, but not limited to Local, State or Federal Laws, lvl.Host reserves the right to cooperate with all or any law enforcement agencies.
User agrees to follow the Acceptable Use Policy of any network user connects to, including lvl.Host system.
Neither lvl.Host nor its Information Providers are responsible for any damages arising from User's use of lvl.Host or by User's inability to use lvl.Host service.
User hereby agrees that any material submitted for publication on lvl.Host through user's account(s) does not violate or infringe any copyright,
trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. User's may not host any hardcore adult
content or porn websites on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on lvl.Host.
The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by lvl.Host and will result in
termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are
off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
Sending unsolicited mass e-mailings which provoke complaints from the recipients.
Engaging in either of the above from a provider other than lvl.Host and using an account on lvl.Host as a mail drop for responses, or
advertising a web site hosted at lvl.Host.
Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by lvl.Host.
Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not
preclude the use of nicknames in IRC or the use of anonymous remailer services.)
lvl.Host prohibits IRC and associated programs, including psybnc, "bots", etc., scripts commonly used for abuse, attacks, or flooding threatening,
harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.
Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred
by lvl.Host.
User agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any
processes, disabling and/or suspending your account.
Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or greater.

Each user account may not send more than 500 emails per hour.
If it is determined that a customer's account is overusing the system resources, we may temporarily suspend the account to prevent the server from
experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server
environment, a notice will be sent to the customer providing them alternative solutions or such as a Premium Hosting Plan with high resources, VPS or a
Dedicated Server. lvl.Host will be the sole arbiter as to what constitutes a violation of this provision and lvl.Host reserves the right to
make adjustments to these limits at our sole discretion.
All unmetered dedicated servers and virtual private servers are installed on hundred mbps shared bandwidth ports, unless service is sold as a specified port
size or specified/requested as a capped port. lvl.Host reserves the right to monitor network usage, and if a service significantly exceeds average
usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited
to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other lvl.Host
clientele, lvl.Host reserves the right to throttle the service causing such a problem.
lvl.Host performs daily or daily and weekly backups on all of our servers to ensure critical files are never lost. Our daily and weekly backups are
created for accounts that are under 20GB. These limits apply to each cPanel user individually. Furthermore, lvl.Host does not
guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us. In the
unfortunate event that the client has lost their data hosted with lvl.Host, will use reasonable endeavors to restore the client's data; however
lvl.Host will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss
due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood
as no backup method is failsafe therefore we make no warranties.

User MUST NOT use our hosting services to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free email
services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.
If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary
to address the situation.
File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with
lvl.Host as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not
have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your
account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.
Abuse of lvl.Host Staff or Support Personnel: At lvl.Host, we take pride in providing excellent service to all of our customers. It is our
policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff
feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be
suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five
(5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:
Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any
medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol,
or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff;
Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing
or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.


Payment Issues
User agrees to pay lvl.Host all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time
of commencement.
User is responsible for charges at the time the service is used and lvl.Host may apply the amount due to User's credit card at any time.
lvl.Host reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments
or rejection of any credit card charges.
Credit Card payment: If Customer chooses to pay for services by credit card, Customer grants lvl.Host the right to charge payments to that card
on each due date. Customer further agrees not to challenge or dispute any charge representing hosting payments.
Non-Payment: All web hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date
is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension of customer services.
Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to the service
network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy
reasons.
All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3)
consecutive days, including the anniversary date, suspension of public access to customer services may be incurred. Failure to remit payment for services
within five (5) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.
Payment Reminders: Our credit card processor will remit payment for all recurring orders, for services on the monthly anniversary date. It is clients
responsibility to make sure the sufficient funds are available on their credit card payment account. It is the customer’s sole responsibility to make sure that
dues are paid on time and the email address on file is working and allowed to receive reminders lvl.Host. Once a payment reminder dispatched
from lvl.Host. it is considered as a valid payment reminder. lvl.Host does not take any responsibility for non deliverable email
addresses or email sent by lvl.Host. not reaching the client destinations, including but not limited to spam filters or network issues. For the first day
after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The
third day and the fifth day, second and third payment reminders will be sent us. From the seventh day customer services may be suspended temporarily for
non-payment.

Refunds
Without waiving any of its other rights under this Agreement, lvl.Host offers to its Customers a 3-day money-back guarantee on fees for hosting
services. If for any reason you cancel your account within thirty (3) days starting from the day lvl.Host dispatch your welcome email including
your account information or the day you place the order with us, whichever comes first. lvl.Host will refund your money with no questions asked;
provided, however, that you have never previously obtained a refund under the 3-Day Guarantee. If you have ever previously obtained a refund under the
3-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make
you eligible for an additional 3-Day Guarantee. The 3-Day Guarantee applies to your first order of Web hosting services from lvl.Host and does
not apply to any changes to your service at any time.
Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated
servers, virtual private servers and overage fees.


Cancellations
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting a cancellation from your members area at
https://my.lvl.Host > Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation. lvl.Host
requires a five (3) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply
the requisite five (3) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer
account. Customer understands and agrees that lvl.Host does not provide pro-rated or any other kinds of refunds on cancellations. All fees
Customer has paid shall be nonrefundable, unless stated otherwise under our any 3 day money back guarantee.
All cancellation requests must be made directly via https://my.lvl.Host. Cancellations requests are not accepted by email, postal mail, by phone or
via the help desk. If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation
request. In such cases, lvl.Host reserves the right to terminate the customer account with immediate effect without any prior notice.


Agreement
lvl.Host may modify these terms and conditions upon notice published online via lvl.Host. User's use of lvl.Host services
after such notice shall constitute user's acceptance of the modifications to this Agreement.
This agreement, User account, contract, and billing will automatically renew unless cancelled in writing prior to the renewal date.

Privacy Policy

Privacy Policy


lvl.Host is committed to respecting our visitors information. We collect basic data from our visitors, such as IP addresses, browsers, time of
access, etc. We use this information to analyze our traffic and to produce services that will be beneficial to our customers and us. We also apply cookies to all
customers that visit our website.Cookies are small pieces of information that are stored by your browser on your computer's hard drive. We use cookies for
tracking purposes only. All information received upon our tracking devices, and any online form filled out by our visitors, will be kept strictly confidential, and
will never be shared with a third party.
Once a visitor becomes a client of lvl.Host by filling out our online order form or account activation form, they are immediately affected by our
privacy policy. We also collect personal information to process our customer’s service requests. Their personal information is only used to process the
request, and for no other purpose. All information that is collected from our customers is kept strictly confidential, and will never be shared with a third party.
All customers have their own unique account with lvl.Host and it is kept completely secure at all times.
Our privacy policy has been compiled to better serve those who are concerned with how their 'Personally identifiable information' (PII) is being used online.
PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a
single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or
otherwise handle your Personally Identifiable Information in accordance with our website.
Personal information that we collect from our users
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card
information or other details to help you with your experience.
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter
information on our site.
Usage of user information
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing
communication, surf the website, or use certain other site features in the following ways:
• To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
Protection of User Information
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such
systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer
(SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your
personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Usage of 'cookies'
Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's
or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember
and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which
enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can
offer better site experiences and tools in the future.
We use cookies to:
• Help remember and process the items in the shopping cart.
• Understand and save user's preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted
third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser
(like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled It won't affect the users experience that make your site experience more efficient and some of our
services will not function properly.

Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not
include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties
agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our
site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent
privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity
of our site and welcome any feedback about these sites.
COPPA - Children Online Privacy Protection Act
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control.
The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online
services must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in
the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is
critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
• Within 7 working days
We will notify the users via in site notification
• Within 7 working days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and
processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals
have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have
emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders
• We may also send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be accordance with CAN SPAM we agree to the following:
• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can
• Follow the instructions at the bottom of each email.

Service Level Agreement (SLA)

Service Level Agreement


lvl.Host offers a 99.9% Uptime Guarantee. That means your web server is guaranteed
operational 99.9% of the time in any calendar month. lvl.Host guarantee 99.9% service uptime
allows for 45 minutes of unscheduled (HTTP) service outage per month as defined here. For each
additional 45 minutes of downtime you will receive 10% credit or refund. Regardless of the number of
outages, all refunds are limited to one month's hosting service fees and do not include excess usage fees
or other nonstandard recurring charges. The amount of the credits are determined by the following table,
based on the amount of server uptime for the month in which credits are requested.


99.9 - 100% 0% credit
99.7 - 99.8% 10% credit = 3 days
99.5 - 99.6% 25% credit = 8 days
99.3 - 99.4% 50% credit = 15 days
99.0 - 99.2% 75% credit = 23 days
98.9% and below 100% credit = 1 month


lvl.Host will not be held responsible for Service Outages resulting from third party
operated equipment including, but not limited to, Internet NAP failures, upstream network outages or
congestion and backbone failures. Additionally, we will not be held responsible for delays
in the registration or transfer of a domain due to InterNIC-related issues, unscheduled outages, web site
specific outrages and outages resulting from malfunctioning customer scripts or applications that are
installed by the customer, or for unusual traffic spikes or "denial of service" attacks on customer web sites.
Hybrid services, colocation services or renting out rack space, cloud servers, services under bare metal
environment such as dedicated servers and virtual private services does not qualify for any credit under this
server uptime guarantee.


Refunds will be issued upon request by the customer and upon determination that a service outage, as
defined by this guarantee, has occurred. To be eligible for a refund, the refund request must be made to the
Billing Department at the end of the month for the current month (last day of the current month) or within the
1st week of the month for the previous month.

Definition of Unmanaged vs Managed Support

Unmanaged Services

lvl.Host sells a variety of unmanaged platforms including but not limited to unmanaged cloud, vps, or dedicated products with or without a control panel and unmanaged services sold without cPanel or WHM. By definition these services are considered unmanaged unless specified. Any services sold without a management add-on package is also considered unmanaged. lvl.Host provides the following basic levels of support for any service deemed unmanaged.

  • [Dedicated Server] Physical hardware management and replacement;
  • Network and Remote Access availability;
  • Support Requests not covered by our Unmanaged Services will be billed at an hourly rate of not less than RM100/USD25 per hour;
  • Systems deployed with basic/fresh operating system only. All software license installs including control panel installs are the responsibility of the customer.

 

Support Coverage for Managed Services

KnownHost provides managed support for all system aspects listed below:

  • [Dedicated Server] Physical hardware management, monitoring and replacement;
  • VPS, Cloud services management, monitoring;
  • Network and Remote Access availability;
  • Free installation of the cPanel, Plesk or DirectAdmin control panel is done during VPS provisioning;
  • Free control panel and OS optimization is done during provisioning. General optimization is suitable in 99% of use cases;
  • Free initial accounts migration from remote system with the same control panel, paid migration services also offered;
  • Management of all aspects of the operating system, assistance and troubleshooting of any problems related to operating system and standard control panel components;
  • Best-effort support for 3rd party applications that do not impact the operability of the underlying control panel or operating system. Remote desktop environments are not supported.

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