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Service Level Agreement - 100% Uptime Guarantee


Network Availability Guarantee

Fork Networking's network is guaranteed to be available and capable of forwarding IP packets 100% of the time. Fork Networking's IP network includes the customer access port (the port on the Fork Networking aggregation router upon which the customer's circuit terminates) and the Fork Networking IP backbone network. The Fork Networking IP backbone includes Fork Networking owned and controlled routers and circuits, including any transit connections. Fork Networking's Network Availability Guarantee does not include the customer's Local Area Network (LAN), local access circuit (e.g. local loop), scheduled and unscheduled maintenance events, Customer Premise Equipment (router or CPE), customer caused outages or disruptions, interconnections to or from and within other Internet Service Provider (ISP) networks, Fork Networking hosting services, and force majeure events.

If the Network Availability Guarantee is not met in a calendar month, the customer is eligible to receive a credit up to 1/30 th of the monthly service charge (MRC) for that month for each full hour of outage up to a maximum of one month's recurring charge.

Latency Guarantee

The Fork Networking network (as defined in the previous section) is guaranteed to have an average round trip packet transit time within the Fork Networking backbone network over a calendar month of 65ms or less. The average network latency is measured as the average of 5 minute samples taken throughout the month. The Fork Networking Latency Guarantee does not include the customer's Local Area Network (LAN), local access circuit (e.g. local loop), scheduled and unscheduled maintenance events, Customer Premise Equipment (router or CPE), customer caused outages or disruptions, interconnections to or from and within other Internet Service Provider (ISP) networks, Fork Networking hosting services, and force majeure events.

If the Latency Guarantee is not met in a calendar month, the customer is eligible to receive a credit up to 1/30 th of the monthly service charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA up to a maximum of one month's recurring charge.

Packet Loss Guarantee

The Fork Networking network is guaranteed to have a maximum average packet loss of 1 percent or less during any calendar month.

Hardware Guarantee for Dedicated Servers

Fork Networking guarantees to its dedicated server clients that defective hardware will be replaced within 2 hours of notification of hardware failure via the 24/7 emergency telephone line. In case of hardware unavailability, a temporary server of similar specifications (if available) will be offered to the client. The guarantee provides for the defective hardwares replacement and the basic reinstallation of the operating system (if necessary). Once back online, the server will be identical to when it was first delivered. This guarantee does not include data backup nor data restoring. The guarantee only applies to critical hardware failures that affect the server availability. Dedicated server hardware that is covered by this guarantee includes: processor(s), RAM, hard drive(s), motherboard, network card(s) and other hardware directly related to the server provided in the service. Dedicated server hardware that is NOT covered by this guarantee includes: firewalls, load balancer(s), network switches, and network routers. Fork Networking reserves the right to change or upgrade hardware to equipment that is as good or better than what was ordered by the customer.

If the Hardware Guarantee is not met in a calendar month, the customer is eligible to receive a credit up to 1/30 th of the monthly service charge (MRC) for that month for each full hour over 2 hours under this SLA up to a maximum of one month's recurring charge.


Acceptable Use Policy

At Fork Networking we value our customers and wish to provide you with a positive Internet experience. Our goal is to offer you the ability to use and enjoy the network and services in order to enrich your business, recreational, and family life. To assist Fork Networking in offering you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make the service available to all our customers as consistent and efficient as possible. You are obligated to adhere to these policies. These policies are used in conjunction with the terms of service agreement. Violating any of these policies grants Fork Networking the authority to take appropriate action to restrict or terminate your access.

Please read the following as it sets forth the guidelines and rules for acceptable use of fork networking services and sets forth conduct that is expressly prohibited. If you do not agree to be bound by this document you must end your use of fork networking services immediately.

1. INTRODUCTION


Fork Networking ("Fork Networking") has established this Acceptable Use Policy ("AUP") to enhance the use of the Internet by preventing unacceptable use. All users of Fork Networking' Internet services (the "Services") - those who access some of our Services but do not have accounts as well as those who pay a monthly service fee to subscribe to the Services (collectively "Customers") - are bound by and must comply with this AUP. In addition, certain Services (as indicated on this website) have a service specific Acceptable Use Policy which applies to such Service in addition to this AUP.

Fork Networking supports unrestricted transfer of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, we generally do not exercise editorial control over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, in accordance with our Internet Services Terms and Conditions, we may remove any materials that, in our sole discretion, may be illegal, may arguably subject us to liability, or which may violate this AUP or any additional service specific AUP. Fork Networking will cooperate with law enforcement authorities in the investigation of any suspected or alleged crime. Fork Networking will also respond to any subpoena, court order or other legal process. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your Fork Networking account or other actions as detailed in Section III. Such action may be taken with or without notice depending on the severity of the violation and at Fork Networking's sole discretion. This AUP should be read in conjunction with our Internet Service Terms and Conditions, service specific AUPs and any other policies. Fork Networking reserves the right to amend, revise or modify this AUP (or any service specific AUP) at any time and such amendment, revision or modification shall be effective upon the inclusion of such in text of this AUP (or service specific AUP) and use of the Services thereafter.

As an account holder or user of Fork Networking Services you bear full responsibility for communications and/or content provided via your Fork Networking account and use of the particular Service.

Fork Networking does not assume the responsibility to and does not actively monitor communications provided by users or from outside sources. Unless and until notified, Fork Networking is not likely to be aware of any violations of this AUP or legal violations. Fork Networking expects all users to notify us of any legal violations, violations of this policy or other matters of concern.

2. VIOLATIONS OF FORK NETWORKING'S ACCEPTABLE USE POLICY


The following constitute violations of this AUP and you agree to refrain from such activities:

A. Illegal or Potentially Illegal Use.

Using the Services to transmit or make available any material (by e-mail, uploading, posting, or otherwise) or activity that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated there under or gives the indication that such violation may be occurring. By way of example, and not limitation, such activity would include the receipt or distribution of material potentially deemed obscene under current statutes or the offering of escort/exotic modeling services and related activities.

B. Harm to minors.

Using the Services to harm, or attempt to harm, endanger, harass, or otherwise threaten minors in any way. This includes but is not limited to the collection of information from children in violation of the 1998 Children's Online Privacy Protection Act.

C. Threats.

Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

D. Harassment.

Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another either by the frequency of the activity or by the content.

E. Fraudulent activity.

Using the Services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters." E-mail that consists of make-money-fast schemes, pyramid or chain letters, unsolicited commercial information and/or information offensive to the recipient is prohibited.

F. Forgery or impersonation.

Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is not allowed.

G. Unsolicited commercial e-mail/ Unsolicited bulk e-mail.

Using the Services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail (e.g. spamming) is prohibited. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail whether or not that e-mail is commercial in nature, are prohibited.

H. Unauthorized access.

Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Fork Networking's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Security violations include but are not limited to: 1) attempts to compromise or gain unauthorized access to any other Internet account or unauthorized system 2) altering the header of e-mail messages that conceal your e-mail address or prevents recipients from responding 3) interfering with any user, system or network, including any denial of service attack 4) any use or distribution of tools designed for compromising security including cracking tools, network probing tools, programs for guessing passwords or credit card numbers and any application that allows the remote control of another system without the knowledge of that systems operator.

I. Copyright or trademark infringement.

Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

J. Collection of personal data.

Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

K. Blacklisting of IP Address space.

Any action which causes any portion of Fork Networkings' IP Address space to be added to an Internet Blacklist of any kind. It is the customers responsibility to refrain from any action which causes Fork networking IP Address space to be blacklisted in any way.

L. Network disruptions and unfriendly activity.

Using the Services for any activity that adversely affects the ability of other people or systems to use Fork Networking's Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, network services, websites or network equipment is prohibited. It is the Customer's responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network or access for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

3. ENFORCEMENT

Fork Networking reserves the right to suspend, block or cancel access to any and all Services when, in our judgment and sole discretion, an account may have violated this AUP. Fork Networking, by way of example and not limitation, may take any one or more of the following actions in response to complaints of conduct that amounts to a violation of this AUP:




Fork Networking
Terms of Service

1. Agreement.


This is an agreement between you and Fork Networking Service regarding your use of Fork Networking Service's computer, interactive information, communication, and transaction service allowing access to the Internet, bulletin boards, private networks, and other communications services (the Fork Networking Service). This agreement governs the terms and conditions under which Fork Networking Service makes the Fork Networking Service available to individual consumers through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection), or to individual consumers or small businesses in connection with the Web hosting or similar service. Under this agreement, you must comply with Fork Networking Service then-current Acceptable Use Policy, as updated from time to time by Fork Networking, which is incorporated in this agreement by reference. Please read these terms and conditions carefully. By using this service you are agreeing to be bound by the terms of this agreement and fork networking service acceptable use policy.

2. Amendment.


Fork Networking Service may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the Fork Networking Service website at http://www.forked.net/ or by a message from Fork Networking Service sent by electronic mail, or by conventional mail. If you do not terminate your registration, or continue to use the Fork Networking Service, following notice of any modification to this agreement, your continued use will mean that you have accepted that modification.

4. Disclaimer.


The Fork Networking Service is provided on an As Is, As available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Fork networking service expressly disclaims any representation or warranty that the fork networking service will be error-free, secure, or uninterrupted. No oral advice or written information given by fork networking service, its employees, licensors, or the like, will create a warranty; nor may you rely on any such information or advice. The terms of this section will survive any termination of this agreement.

5. Information and Products.


You acknowledge that except for information products or services clearly identified as being supplied by Fork Networking Service, neither Fork Networking Service not any of its suppliers, licensor, or affiliates (Affiliates) operates or controls any information, products or services accessible through the Fork Networking Service in any way and that, except for such Fork Networking Service identified information, services or products, all merchandise, information and services offered or made available or accessible through the Fork Networking Service are offered or made available or accessible by third parties who are not affiliated with Fork Networking Service or its Affiliates. You acknowledge that use of the fork networking service is at your sole risk and you agree that any information, service or product accessible through the service is without warranties of any kind by fork networking service and its affiliates, either express of implied, including, but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Ther terms of this section will survive any termination of this agreement.

6. Commerce on the Web.


Through your uses of the Fork Networking Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the Fork Networking Service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the Fork Networking Service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. Fork Networking Service and its affiliates make no warranties or representations whatsoever with respect to your goods and services or with respect to the qualifications of any third party purchaser.

7. Limitation of liability.


Under no circumstances, including negligence, will fork networking service, or its affiliates be liable for any direct, indirect, incidental, special or consequential, damages that result from the use of or inability to use the fork networking service, including but not limited to reliance on any information obtained on the fork networking service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, less of our damage to date, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to fork networking service records, programs or services. You hereby acknowledge that this provision will apply whether or not fork networking service is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from fork networking service or its affiliates. The terms of this section will survive any termination of this agreement.

8. Accounts and passwords.


This agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A fork networking service account may not be transferred without prior written approval from fork networking service. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the fork networking service until you notify fork networking service support.

9. Offensive material.


You understand that information available to you through the Fork Networking service may include materials that are unedited, sexually explicit or offensive to you and that your access to such materials is at your own risk. Fork Networking service and its affiliates hereby disclaim any responsibility for or control over such materials.

10. At-will Termination.


This agreement will become effective on the date Fork Networking Service receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason or no reason. Fork Networking Service may immediately restrict, suspend or terminate without notice, your access to and use of the Fork Networking Service upon any breach of this agreement, including the then-current Acceptable Use Policy. Fork Networking Service may also terminate the agreement at any time for any reason for no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement you may not establish a new subscription with Fork Networking Service for one year from the date of termination. Upon and after termination, Fork Networking Service will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Fork Networking Service in operating the Fork Networking Service, any change in the content of the Fork Networking Service, or any change in the amount or type of fees charged in connection with the Fork Networking Service, is to terminate this agreement by delivering notice to Fork Networking Service, effective the day Fork Networking Service receives notification of termination.

11. IP Addresses.


If Fork Networking Service assigns you an Internet Protocol address for your use of the Fork Networking Service, the right to use that Internet Protocol address will belong only to Fork Networking Service and you will have no right to use that Internet Protocol address except as allowed by Fork Networking Service in its sole discretion in connection with the plan you have selected, during the term of this agreement.

12. Electronic Mail.


Fork Networking Service may, but is not obligated to, block any incoming or outgoing e-mail message that Fork Networking Service determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy. Fork Networking Service shall not be responsible for lost, misdirected or undeliverable -mail.

13. Indemnity.


Upon request of Fork Networking Service, you shall defend, indemnify and hold harmless Fork Networking Service, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the Fork Networking Service, including without limitation any violation by you of Fork Networking Service Acceptable Use Policy. The terms of this Section will survive any termination of this agreement.

14. Entire Agreement.


This agreement constitutes the entire agreement between you and Fork Networking Service with respect to the Fork Networking Service and supersedes all prior agreements between you and Fork Networking Service. Fork Networking Service failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

15. Force Majeure.


Fork Networking Service will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war, or act of God.

16. General Terms.


Interpretation and enforcement of this agreement will be governed b the laws of the state of Oregon (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Oregon for any action arising out of or relating to your use of the Fork Networking Service. The federal and state courts of Oregon will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement

17. No Spam.


Client shall not send unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, solicitations, promotional materials, any form of lottery and gambling materials, or any other similar materials commonly known as "spam". Client shall not use or collect information about other clients Fork Networking or other users of Fork Networking's network and computer systems or use such information for the purpose of sending or facilitating the transmission of "spam". Client will be liable for spam cleanup fees, blacklist delisting fees, and any other damages that were caused by clients sending of UBE or other use of Fork Networkings service. If client sends "spam", Fork Networking may terminate this agreement immediately for cause and client shall be liable for liquidated damage charges described in the "Termination" section above as well as other damages that result from the violation of the terms and conditions of this agreement. If an IP address or IP subnet assigned to a Fork Networking client is added to a Spam Blacklist for any reason, Fork Networking may terminate this agreement immediately and terminate all clients services for cause and client shall be liable for liquidated damage charges described in the "Termination" section above as well as other damages that result from the violation of the terms and conditions of this agreement. A fee of $25.00 will be assessed for every spam complaint. A fee of $1.00 will be assessed for each message sent which hits a spam trap service. A fee of $100.00 per month, will be assessed for every subnet blacklisted by actions of or relating to sending of spam or unsolicited bulk email. In the case of a compromised server which is unknowingly used to send spam, no fees will be assessed upon the first infraction.

18. Security.


Access to Fork Networking's networks and systems, the Internet, and to certain online transactions involves the use of passwords, credit card, bank and other account numbers and information, and other personal nonpublic information ("Private Information"). Client shall use its best efforts to prevent any authorized use of Fork Networking's networks and systems or any authorized use of Private Information, and Client shall promptly report to Fork Networking any breach of security or suspected unauthorized use of Private Information. Fork Networking shall not be responsible or liable for any unauthorized use of any Private Information.

19. No Interference.


Client shall not restrict or inhibit Fork Networking or any users of Fork Networking's networks or computer systems from using and accessing the services provided by Fork Networking. Client shall not use Fork Networking's networks, systems, or its connections to the Internet in any way that may interfere with other clients or users of Fork Networking's services.

20. Lawful Use.


Client shall only use the Services and its account with Fork Networking for lawful purposes in a manner that does not harmFork NetworkingÕs network, equipment, systems, or other Clients. Client shall not transmit or post any material that violates any local, state, federal, or international law or regulation, including without limitation patent, trademark, trade secret, copyright, right of publicity, proprietary right, and obscenity laws. Client shall not transmit any abusive, deceptive, defamatory, fraudulent, harassing, illegal, libelous, profane, or vulgar material, or material encouraging conduct that may constitute a criminal offense or result in civil liability. Client shall not transmit any material, information, or code that contains software viruses, worms, or any other computer code, files, or programs that are designed to disrupt, damage, or limit or alter the functioning of any hardware, software, or telecommunications systems or equipment, or damage or obtain unauthorized access to any data or equipment of Fork Networking, its Clients, or any third party. Client shall not make any attempt to gain unauthorized access to any public or private system or network and shall not use the Internet to harass others or intercept data not intended for Client. Client shall not knowingly solicit or collect any personal information from a person that is under the age of 18 years of age. Personal information includes without limitation, name, address, phone number, social security number, or name of such person's school.

21. Right to Restrict Access to and Disconnect Services.


Fork Networking may restrict access to all or part of Fork Networking's networks or computer systems without notice if Fork Networking believes in its sole discretion that client has violated any term or condition in this agreement or violated any term or condition in Fork Networking's acceptable use policies. In addition, client understands that Fork Networking reserves the right to disconnect servive for short periods of time to do routine maintenance on Fork Networking's equipment.

22. Fees and Charges.


Fork Networking may assess fees and charges for any support that is not explicitly included in Customer's plan or services. Remote Hands for Colocated servers or other hardware is billed at $125.00 per hour during business hours and $200.00 per hour outside of our normal business hours. All communication and support taking place outside of Fork Networking's normal hours of business will be invoiced in hourly increments at the rate of $125.00 per hour. All support requests submitted via Fork Networking's voice messaging system, Client Portal, or Email which are fulfilled outside of Fork Networking's normal business hours, will be invoiced at Fork Networking's standard after hours rate and will be due immediately. Fork Networking's after hours support rate is subject to change at anytime and without notice. Fork Networking's normal hours of business are from 9AM to 5PM PST, Monday through Friday, excluding all Holidays.

23. Non-payment - Service Interruption and Suspension .


Fork Networking may immediately terminate or suspend your account(s), and all or a portion of your service without notice if your payment is more than 30 days overdue. Data stored on a client's services will not be available to the client until client's account is brought up to date by paying all oustanding invoices on said account, or alternative arrangements are made to the sole satisfaction of Fork Networking. Fork Networking is not responsible for data integrity, regardless of circumstance. Fork Networking strongly recommends keeping up to date and off network backups to protect against data loss. If we terminate or suspend your service, your license to use any software provided in connection with the service is also terminated or suspended (as applicable). If your Service is terminated, Fork Networking has the right to immediately delete all data, files, and other information stored in or for your account, services, and servers, without further notice to you. You must pay all charges for the Service through the date of termination. Should you wish to resume service after any suspension, a restoral of service fee may apply. This fee is in addition to all past due charges and other fees. If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.