The TRX Secure Data (Host) Service Level Agreement (SLA) covers three components that support the availability of your website.

1. Network Availability

Host guarantees that its network will be available 99.9% of the time in a given month, excluding scheduled maintenance. Network uptime includes functioning of all network infrastructure including routers, switches, and cabling, but does not include services or software running on your server. Network downtime exists when a particular customer is unable to transmit and receive data and is measured from the time the trouble ticket is opened.

Our Guarantee: Upon experiencing downtime, Host will credit the User 5% of the monthly fee for each 30 minutes of downtime (up to 50% of customer’s monthly fee for the affected server).

2. Infrastructure

Host guarantees that the critical infrastructure systems will be available 99.9% of the time in a given month, excluding scheduled maintenance. Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs, and cabling, but does not include the power supplies on customers’ servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and is measured from the time the trouble ticket is opened by the time the problem is resolved, and the server is powered back on.

Our Guarantee: Upon experiencing downtime, Host will credit the customer 5% of the monthly fee for each 60 minutes of downtime (up to 50% of customer’s monthly fee for the affected server).

3. Hardware

Host guarantees the functioning of all hardware components and will replace any failed component at no cost to the customer. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems and applications.

The amount of time for replacement of hardware shall be measured from the moment that TRX determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.

Our Guarantee: If it takes us more than two hours to replace faulty hardware, Host will credit User 5% of the monthly fee per additional hour of downtime (up to 50% of customer’s monthly fee for the affected server).

Installation, removal, replacement, maintenance and access to equipment TRX Secure Data is the owner of the equipment used by the Customer and grants a license to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited.

4. Limitations

Online problems occur continuously. There may come a time when you cannot access your website or other hosted services. This is usually, and not necessarily due to TRX Secure Data’s service as many other factors determine whether or not you can reach your server including, but not limited to a technical problem with your equipment or internet service provider, local network connection or other routing problems on the internet out of TRX Secure Data’s control.

Credit will not be provided due to matters out of TRX Secure Data’s control including, but not limited to (i) scheduled maintenance, (ii) the performance or failure of third party software or hardware when applicable, or (iii) acts of any governmental body, war, insurrection, sabotage, strike or labor disturbance, embargo, fire, flood, interruption of or delay in transportation, denial of service attacks, interruption or delay in telecommunications or third party services or DNS propagation related to your site.

5. Backup

Although nightly backups are created for all TRX Secure Data customers, TRX Secure Data is not responsible for the backup or restoration of data to your server unless specified in your scope of work. We strongly recommend that your purchase off-site backup options from TRX Secure Data in addition to keeping personal copies of your data in case of emergency. If hardware failure and/or data loss or corruption occurs, you the client, are responsible for data restoration.

6. Billing

Invoices are sent by email, upon request a copy can be sent by mail. First Month's Payment shown in the Service Order must be paid by the Customer to TRX Secure Data before the commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of TRX Secure Data's invoices, which invoices will be issued 5 days before due date. The date the Services are made available to the Customer shall serve as the monthly anniversary date (For instance, if the Services were delivered on September 8, the eighth (8th) day of each month is the monthly anniversary date) for all future billings including one time fees, upgrades, additional services, cancellations, and service credits.

7. Cancellation and Refunds

Any prepayment is a commitment regarding the payment period that cannot be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. Regarding mid-month or mid-period cancellations, TRX Secure Data will not issue pro- rated refunds for cancellations received in the middle of a payment cycle.

Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by Customer of any Services in a given period will obligate the Customer to pay for the Services during that entire billing period.

8. Obtaining Credit

Any request for credit must be sent to our billing department within seven (7) business of experiencing the problem. Your request should contain your domain name and the dates and times your site was unavailable. Credits will be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy if there is no website availability.

9. Acceptable Use

This Acceptable Use Policy sets forth guidelines relating to the types of content that you may upload to the web servers under your agreement with TRX Secure Data for web hosting services (the “Services”). TRX Secure Data may remove any materials that, in its sole discretion, may be illegal, may subject it to liability, or which may violate this Acceptable Use Policy. TRX Secure Data will cooperate with legal authorities in the investigation of any suspected or alleged crime or civil wrong arising from any use of the Services. Your violation of this Acceptable Use Policy may result in the suspension or termination of either your access to the Services and/or your account or other actions as detailed in the Web Hosting Agreement.

The following constitute violations of this Acceptable Use Policy:

1. Using the Services to transmit or post any material that contains or contains links to nudity, pornography, adult content, sex, or extreme violence.Using the Services to transmit or post any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
2. Using the Services to transmit or post any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.Using the Services to harm, or attempt to harm, minors in any way.
3. Using the Services to harm, or attempt to harm, minors in any way.Using the Services to transmit or post any material that harasses, threatens or encourages bodily harm or destruction of property.
4. Using the Services to transmit or post any material that harasses, threatens or encourages bodily harm or destruction of property.Using the Services to make fraudulent misrepresentations or offers including but not limited to offers relating to “pyramid” or “
5. Using the Services to make fraudulent misrepresentations or offers including but not limited to offers relating to “pyramid” or “Ponzi” schemes.”Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of TRX Secure Data 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.
6. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of TRX Secure Data 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.Using the Services to transmit or post any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying and/or distribution of copyrighted material, the digitization and distribution of photographs from magazines, books, music, video or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
7. Using the Services to transmit or post any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying and/or distribution of copyrighted material, the digitization and distribution of photographs from magazines, books, music, video or other copyrighted sources, and the unauthorized transmittal of copyrighted software.Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
8. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.Reselling the Services without the prior written authorization of TRX Secure Data
9. Reselling the Services without the prior written authorization of TRX Secure DataUsing the Services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes but is not limited to sending
10. Using the Services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes but is not limited to sending a mass email (no more than 100 recipients per day) from individual email accounts; list serve or IRC from your server, DoS (denial of service) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited.

Reporting of Violations of This Acceptable Use Policy

TRX Secure Data requests that anyone who believes that there has been a violation of this Acceptable Use Policy to immediately contact us.

Document Revisions

TRX Secure Data may revise, amend or modify this document at any time and in any manner. We make a reasonable effort to notify our clients when policies change, but it is your sole responsibility to be aware of the current SLA and Acceptable Use Policy.