SERVICE AGREEMENT

GANA CLOUD SERVICE, LLC

Revision date: Apr 27, 2023

GANA CLOUD SERVICE LLC (“GANA CLOUD SERVICE”) values you as a customer. In order to ensure you receive the best level of Service, please read this Hosting Agreement—which incorporates and includes the following:

GANA CLOUD SERVICE’s Acceptable Usage Policy;
GANA CLOUD SERVICE’s Fee Schedule;
GANA CLOUD SERVICE’s Service Level Agreement;
GANA CLOUD SERVICE’s Copyright Policy;
GANA CLOUD SERVICE’s Privacy Policy

We want to make sure you understand what you can and cannot do, what to expect from GANA CLOUD SERVICE’s Services, and your privacy rights. These policies and terms of Service are an agreement that governs your purchase and use, in any manner, of all Services ordered by you and provided by GANA CLOUD SERVICE. By virtue of ordering and using GANA CLOUD SERVICE’s Services, you necessarily agree to be bound by the terms and conditions contained herein.

Within the context of this Hosting Agreement (subsequently referred to as the “Agreement”), references to “GANA CLOUD SERVICE,” “us,” “we,” and “our,” along with their related grammatical forms, imply GANA CLOUD SERVICE, LLC. The terms “Customer,” “you,” and “your” and their related grammatical forms pertain to the user. This Agreement outlines the fundamental rules and stipulations governing your interaction with the GANA CLOUD SERVICE platform and any products or services offered by GANA CLOUD SERVICE (collectively termed “Services”). Engaging with the Services signifies your consent to this Agreement. Should you disagree with any part of this Agreement, you should refrain from accessing or utilizing the Services. GANA CLOUD SERVICE retains the prerogative to revise any component of this Agreement sporadically and at its discretion. Such alterations can be made applicable to all, whether current or prospective users. GANA CLOUD SERVICE may also adjust associated policies, pricing, and guidelines without prior notification. Persisting in the use of the Services post any alterations affirms your acquiescence to these changes. By visiting our website, you also consent to be updated about any amendments to this Agreement.

1. TERMS & DURATION

1. A) The commencement of this Agreement aligns with the date you start using GANA CLOUD SERVICE’s Services. It's set for an initial duration of one month, automatically renewing every month for subsequent one-month periods unless terminated based on this Agreement's clauses.
2. B) Either GANA CLOUD SERVICE or the Customer has the liberty to conclude this Agreement by giving a thirty (30) day written notice in advance.
3. C) Should this Agreement end, the Customer is obligated to settle all outstanding payments for Services partially or wholly received from GANA CLOUD SERVICE up to the termination point. If any credits persist in the Customer’s account, they will be reimbursed after subtracting a forty dollar ($30.00) administrative charge, as detailed in GANA CLOUD SERVICE’s Pricing Structure.
4. D) Setting aside the terms of this section, GANA CLOUD SERVICE holds the authority to instantly dissolve this Agreement if it believes a Customer is involved in or supports any disallowed practices as outlined in GANA CLOUD SERVICE’s Usage Standards.

2. SERVICE STIPULATIONS

1. A) Provision of Service(s): GANA CLOUD SERVICE commits to delivering the Service(s) as outlined on our digital platforms or as specified in custom quotations. The Customer acknowledges that service creation and hosting are based on the data they provide and agrees to abide by GANA CLOUD SERVICE's guidelines, including the Acceptable Usage Policy.
2. B) Support Measures: Whether directly or indirectly through a designated agent, GANA CLOUD SERVICE will offer assistance related to its Services. This support, granted at GANA CLOUD SERVICE's discretion, can be withdrawn at any point without prior notification or liability. GANA CLOUD SERVICE will furnish sound technical assistance through their ticketing system during standard support hours. However, apart from ensuring basic server operations, GANA CLOUD SERVICE is not contractually bound to extend further customer support. GANA CLOUD SERVICE commits to maintaining Service functionality and aims to address support tickets within an acceptable time frame.
3. C) Bandwidth Excess: Surpassing your assigned bandwidth results in a temporary suspension of the Service. As the Customer is liable for their Service(s), they should ensure proper password and server security. Bandwidth resets either monthly or per the Service's recurring payment date. Service will automatically be restored post bandwidth reset. Early restoration requires the purchase of extra bandwidth via a service ticket.
4. D) IP Issues: Should you be allotted a blacklisted IP address, you have a day from your purchase date to notify GANA CLOUD SERVICE for a modification. Subsequent IP adjustments post this 24-hour window might incur a charge as outlined in our Fee Schedule. If you, as a customer, are believed to be responsible for the IP's blacklisting due to unsolicited emails, a fee may apply.
5. E) Policy on Misuse: Engaging in activities contrary to GANA CLOUD SERVICE’s Acceptable Usage Policy can trigger immediate service cessation without a refund or prior notification. Typically, the following steps are taken in response to such infractions:

First: Direct communication with the customer along with an abuse report — A 24-hour window for response is provided.

Second: Service suspension, necessitating an appeal from the customer.

Third: Complete account deactivation.

Reports from third parties might require evidence or logs. GANA CLOUD SERVICE, however, acknowledges that not all such claims might be genuine. Timely responses from customers are vital for proper assessment.

1. F) Referral Program: Active promoters of GANA CLOUD SERVICE's offerings can enroll in our “Referral Initiative.” Eligible participants receive a portion of the earnings generated from their promotions. The standard rate stands at 10%, with payouts occurring via PayPal. Variations in payout rates are possible, and GANA CLOUD SERVICE must validate the authenticity of promotional efforts.
2. G) Complimentary Services: Services provided free of charge are strictly for the initial customer's use. Reselling or transferring such services infringes on this Agreement, and GANA CLOUD SERVICE holds the right to revoke such offers.

3. BILLING & FEES

Agreement to Pay (A): Customers must pay for GANA CLOUD SERVICE’s services upon request or use. Charges may include additional fees related to the service. Payment is based on the service description and its listed price in US Dollars on GANA CLOUD SERVICE's website. All payments, whether single or recurring, are due as per the terms. GANA CLOUD SERVICE can ask for the full payment when it's due, even if there's been a delay in the past.

**Fee Schedule (B)**: GANA CLOUD SERVICE has a Fee Schedule detailing charges for services beyond regular support. Customers agree to pay fees according to this schedule and the Agreement. GANA CLOUD SERVICE can change fees anytime without directly informing the Customer, who should check the website for updates. To access extra services, Customers need a regular-priced plan. Any discounts on the customer's plan are nullified if they are charged based on the Fee Schedule.

Fraud Protection (C): GANA CLOUD SERVICE employs automated anti-fraud measures. Customers should provide accurate billing details, avoid using proxies, and not disguise their identity. This data is solely for billing, adhering to our Privacy Policy. If flagged by our fraud system, customers can amend their details and reorder. If problems persist, they should reach out to our support. Some payments might require extra verification, like ID or a signature. GANA CLOUD SERVICE can refuse orders, return payments, or terminate services without giving reasons. If discrepancies arise, GANA CLOUD SERVICE, as a gesture of goodwill, might get in touch to sort them out or to request further documentation.

Authorization & Cancellation (D): By initiating a payment, the Customer confirms the authorization of all present and upcoming charges. A 30-day window is provided for any billing disputes with GANA CLOUD SERVICE. If payments are contested, GANA CLOUD SERVICE can halt or end the Service(s) or the Customer's account. Additionally, the Customer is liable for any resultant losses, alongside potential fees like charge-back costs and legal fees.

**Recurring Payments (E)**: When opting for a recurring payment Service, the Customer must cancel the Service(s) a minimum of seven (7) days before the billing term concludes to avoid subsequent invoicing. GANA CLOUD SERVICE automatically processes payments three (3) days prior to the billing term's end, though it might occur as early as seven (7) days before term completion. If initial payment attempts fail, GANA CLOUD SERVICE has the Customer's consent to retry. Delayed payments won't deter the termination of the Service. For Service reactivation or store credit, Customers must approach GANA CLOUD SERVICE directly. If the subscription isn't timely canceled due to any error, negligence, or oversight on the Customer's part, GANA CLOUD SERVICE isn't obligated to provide a refund. Therefore, Customers must proactively cancel via GANA CLOUD SERVICE's system, pressing the "cancel" button and finalizing the procedure. Such "Cancellation" implies a full Service termination at the term's end without any invoicing for the subsequent term. Hence, it's not meant as a method to turn off recurring billing. Notably, refunds for BitCoin or other Cryptocurrency payments aren't supported by GANA CLOUD SERVICE's system. Cryptocurrency users thus relinquish any refund rights delineated in these terms or otherwise.

**PayPal Subscriptions (F)**: If utilizing PayPal for ongoing payments, it's the Customer's duty to terminate the PayPal subscription when needed. Should the PayPal subscription remain active even after GANA CLOUD SERVICE discontinues the Customer's Service, any money transmitted will be credited to the Customer's GANA CLOUD SERVICE account. Such deposits are stringently governed by the stipulations in this Article, and refunds are categorically not provided.

Administration Fee (G): The Customer acknowledges and consents to a forty dollar ($30.00) Administration Fee. This fee will be applied to the Customer's account under the following circumstances, as detailed in our Fee Schedule:

1. If a payment is returned or needs to undergo collection procedures;
2. If there's a withdrawal of credits provided to the Customer (if applicable);

iii. In the occurrence of disputes, holds, or chargebacks on any payment;

1. If the account is suspended or terminated due to prohibited activities;
2. For any suspension that requires manual intervention beyond our automated systems;
3. If there is a need for specialized billing administration outside the norm of GANA CLOUD SERVICE's policies;

vii. For any IP address that gets blacklisted;

Suspension and Termination (H): The term "Suspension" refers to a temporary halt of the Customer's Service(s), which can be reinstated once payment is settled. "Termination", on the other hand, indicates a permanent cessation of the Customer's Service(s) wherein all associated data are irretrievably lost, but any outstanding balance remains payable. GANA CLOUD SERVICE bears no responsibility for any data lost due to Termination. If the Customer neglects to cancel their Services and an invoice is produced but remains unpaid, said invoice will persist as a due amount, even post Termination for non-payment. Such outstanding invoices must be cleared before any future orders can be placed by the Customer. Settlement of the invoice can be done anytime by reaching out to our customer service. It's imperative that all generated invoices are settled. GANA CLOUD SERVICE, given its explicit cancellation guidelines, is not obligated to nullify existing invoices related to prior Services.

Invoices (I): The Customer acknowledges their responsibility to promptly address any generated invoices. An invoice is instantly created upon ordering a new Service and, for continuing Services, automatically seven (7) days before the next billing cycle. If a new Service is requested by the Customer and then subsequently canceled before payment but after the invoice has been produced, GANA CLOUD SERVICE has a system in place to periodically delete the outstanding invoice. However, if a mistake is made by the Customer and they wish to immediately initiate a new order, GANA CLOUD SERVICE can annul the inaccurate invoice and formulate a new one in alignment with the Customer's revised request.

For ongoing Services, upon the generation of an invoice, it is mandatory for the Customer to settle the payment by the stipulated due date. GANA CLOUD SERVICE typically enacts a suspension of the Service if payment is delayed by a day past the due date. Complete termination of the Service transpires after a delay of six (6) days beyond the due date. It's crucial to note that the provision of this grace period is purely at GANA CLOUD SERVICE's discretion, and Services could be terminated directly once an invoice goes overdue.

Refund Policy (J): GANA CLOUD SERVICE commits to refunding Services terminated by the Customer within a 7-day window from the purchase date. Nevertheless, specific conditions and restrictions are applicable:

The unconditional refund guarantee is exclusive to the very first refund associated with the inaugural payment for a solitary Service that the Customer cancels. This is restricted to one refund per client and per household, defined by shared internet connections, residential addresses, or payment methods.

Excluded from this blanket refund assurance are any "One-time Setup Fees" or "Monthly Additions" that were acquired.

Post the initial refund, subsequent refund applications are evaluated individually, with GANA CLOUD SERVICE exercising sole discretion in their approval or rejection.

Certain services and associated costs are explicitly exempt from refunds, including but not limited to domain purchases, specialized or custom acquisitions, designated support packages, dedicated servers, domain registrations, administrative fees, software licenses, or any merchandise identified as non-refundable.

Charges for setups and rendered services (as detailed in our Fee Schedule) are also non-refundable.

Accounts subject to abuse, suspension, or termination are ineligible for refunds.

Secondary accounts (as determined by household parameters) do not qualify for refunds.

In most instances, this implies that GANA CLOUD SERVICE will fully reimburse Customers for any Virtual Private Server (VPS) plan when cancellation and refund are sought within the initial 7 days of purchase. If the service encounters any approved downtime, Customer accounts will be credited consistent with this Agreement and the GANA CLOUD SERVICE Service Level Agreement.

In cases where Customers inadvertently neglect to halt a recurring payment and do not wish to retain the corresponding Service(s), GANA CLOUD SERVICE may, at its discretion, propose store credits, provided the Customer communicates within a 24-hour frame. Downgrading services will result in a prorated credit towards the next billing cycle as opposed to a cash refund. All payments made via the deposit system are firmly non-refundable.

Although GANA CLOUD SERVICE has exclusive authority to grant refunds, this does not bypass or invalidate any of the above clauses. If a refund is initiated, or store credits are extracted, a $40 administrative fee will be levied on the Customer for each manual payment process that GANA CLOUD SERVICE undertakes.

Collection Efforts (K): In the event any invoice requires collection efforts, you shall be responsible for all associated costs, including but not limited to reasonable attorney's fees and expenses. Accounts that are referred to a collection agency will incur an additional charge of $30.00, which must be paid in its entirety before the reactivation of the account.

Currency Fluctuations (L): International Customers are responsible for absorbing any risks arising from currency volatility. This encompasses any additional fees or taxes linked with the conversion of foreign currencies to US Dollars. GANA CLOUD SERVICE has the right to delay service provision to international clients until we receive satisfactory assurance, based on our judgment, that the payment provider confirms the availability of funds for debit from the international client’s account. Moreover, GANA CLOUD SERVICE reserves the prerogative to decline service provision to any client if there's a mismatch between the country listed in their contact details and the country associated with their billing information.

4. MISCELLANEOUS

Warranty Disclaimer (A): GANA CLOUD SERVICE offers its Services on an "as is" and "as available" basis, unless explicitly outlined in this Agreement. All warranties or conditions, be they express, implied, or statutory, including but not limited to implied warranties of title, non-infringement, merchantability, or suitability for a specific purpose, are hereby expressly disclaimed by GANA CLOUD SERVICE.

Indemnification (B): 

General Indemnity: Customer agrees to indemnify and hold harmless GANA CLOUD SERVICE, including its respective officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees and costs) that such parties may incur as a result of or arising from any breach or non-compliance by Customer of any terms outlined in this Agreement. This also covers any liabilities resulting from any act or omission of Customer or its agents that results in damage or economic loss to third parties.

Defense and Claims: Should any claim, demand, or action arise from an act or omission of Customer or its agents relating to this Agreement, Customer will defend GANA CLOUD SERVICE against these claims at Customer's own expense. Moreover, GANA CLOUD SERVICE retains the right to participate in this defense using its chosen counsel, with expenses borne by the Customer.

Service Acceptance: All Services furnished by GANA CLOUD SERVICE to the Customer are deemed accepted upon delivery.

Compliance with Laws: GANA CLOUD SERVICE expects Customers to strictly adhere to the provisions stipulated in this Agreement, laws of the U.S., and any other applicable laws in the Customer's country that don't contradict U.S. regulations. In essence, the onus lies on the Customer to ensure their activities are lawful and should these actions bring about any financial loss to GANA CLOUD SERVICE or other parties, the Customer is accountable for addressing such monetary discrepancies.

Contractor Relationship (C): 

Independent Contractors: Both GANA CLOUD SERVICE and Customer operate as independent contractors. At no point, whether explicitly or implicitly stated, should this Agreement be interpreted to depict the relationship between GANA CLOUD SERVICE and the Customer as that of principal-agent, partners, or joint-venturers.

No Binding Authority: Neither GANA CLOUD SERVICE nor Customer possesses the authority to enter into contracts on behalf of the other or to legally bind the other party in any way. It is expressly prohibited for either party to represent itself as having such authority.

Applicable Law (D): 

Jurisdiction: This Agreement is crafted and shall be interpreted under the laws of the State of Oklahoma, excluding any conflicts of law provisions.

Amendments: GANA CLOUD SERVICE retains the right to modify this Agreement and its policies at its discretion without providing direct notice to the Customer.

Acceptance of Changes: Continuous use of the Services after any modifications to this Agreement or after the introduction and posting of a new policy on the GANA CLOUD SERVICE website indicates Customer's acceptance of the respective change or policy.

Review Recommendations: Customers are advised to periodically review the GANA CLOUD SERVICE website to stay informed about any changes or additions.

Arbitration (E): 

Scope: All claims and disputes that emerge from or are related to this Agreement shall be resolved through binding arbitration.

Location: The arbitration process shall be held in the State of Oklahoma, unless both parties mutually agree upon a different location.

Confidentiality: The arbitration will be confidential and conducted following the Commercial Arbitration Rules of the American Arbitration Association.

Decision and Award: Any decision or award resulting from the arbitration shall:

Be documented in writing.

Provide a thorough explanation for all legal and factual conclusions.

Detail the allocation of costs, expenses, and reasonable attorney fees.

Arbitrator Qualifications: The arbitration will be overseen by an arbitrator with expertise in Intellectual Property and contract law. The arbitration should also produce a written record of the arbitration hearing.

Objecting to Arbitrator: Both parties retain the right to challenge any arbitrator who has employment ties or affiliations with any competitor organization or entity.

Court Confirmation: An arbitration award can be ratified in a court with appropriate jurisdiction.

Limitation of Liability (F): 

Maximum Liability: GANA CLOUD SERVICE's liability, in relation to this Agreement or its Services, shall not surpass the total amount paid by the customer to GANA CLOUD SERVICE during the three (3) month period preceding the arising of the claim.

Exclusions: GANA CLOUD SERVICE shall not be held responsible for:

Loss of use, data, or business interruption.

Any indirect, unforeseeable, special, incidental, consequential, or punitive damages, including lost profits, irrespective of the action's form or basis, even if informed of such potential damages.

Acknowledgment: The customer recognizes that these limitations are vital to this Agreement. Without them, GANA CLOUD SERVICE would not agree to provide the Services.

Severability (G): If any provision(s) within this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable in full effect.

Entire Agreement (H): 

Comprehensive Agreement: This Agreement, combined with GANA CLOUD SERVICE’s Acceptable Usage Policy, Service Level Agreement, Copyright Policy, Privacy Policy, and Fee Schedule, constitutes the complete understanding between the parties concerning the enclosed subject matter.

Supersedes Previous Agreements: This Agreement overrides all previous understandings, agreements, representations, both in writing and oral, concerning the subject matter.

Assignment (I): 

Customer Restrictions: The customer cannot transfer, assign, or delegate their rights or responsibilities under this Agreement in any manner.

GANA CLOUD SERVICE Rights: GANA CLOUD SERVICE retains the right to transfer, assign, or delegate this Agreement and its associated rights and obligations.

5. ACCEPTABLE USAGE POLICY

Prohibited Content (A):

GANA CLOUD SERVICE's Stance: GANA CLOUD SERVICE strictly prohibits Customers from using its Services for illegal undertakings. Customers ensure that they will refrain from and not facilitate any prohibited activities. They are not to disseminate, incorporate, associate, or provide any Customer Content (as outlined in GANA CLOUD SERVICE’s Copyright Policy) that:

Intellectual Property Violations: Breaches any third-party intellectual property or publicity/privacy entitlements.

Legal Violations: Contravenes any valid law or regulation.

Deception: Engages in deceptive or fraudulent endeavors.

Harmful Content: Is slanderous, violent, overtly harmful, or lewd or infringes on the rights of individuals.

Malware and Harmful Programs: Contains malicious software like viruses, worms, Trojan horses, time bombs, cancel bots, or any other programs that could impair or interfere with systems, data, or personal details.

Server Attacks: Aims to harm GANA CLOUD SERVICE’s or other servers (e.g., Attacks, unnecessary CPU intensive programs).

Spam and Mass Marketing: Engages in spamming, operating mail servers, or any mass marketing ventures, including investment/lottery platforms.

Security Threats: Uses brute force or other vulnerability-detection software, even with a security intention.

Traffic and Relay Platforms: Includes traffic exchange/relay sites or services like autosurf platforms, TOR nodes, public proxies, and top sites lists.

Mass Storage: Concerns public bulk file storage (e.g., image hosting, video hosting, torrents).

Resource Hogging: Causes high CPU/Bandwidth consumption, I/O use, network usage, or hampers other customers’ performance.

Security Negligence: Constantly attracts attacks or fails to secure Services adequately.

Web Scraping: Involves web scraping, excessive website loads, or operating web macro plugins/scripts.

Intensive CPU Usage: Operates software/scripts explicitly created to exploit maximum CPU, such as cryptocurrency miners, beyond the allocated processing power.

GANA CLOUD SERVICE's Discretion: GANA CLOUD SERVICE retains the right to determine the acceptability of Customer Content. GANA CLOUD SERVICE may reject content considered unsuitable. If damages arise from violations of these rules, the Customer will cover all associated costs to rectify them. Customers must adhere to all U.S. and international laws and indemnify GANA CLOUD SERVICE against liabilities resulting from this Agreement's adherence or non-adherence.

Circumvention and Abuse Restrictions (B):

GANA CLOUD SERVICE's Stance: Customers are strictly prohibited from bypassing or exploiting, or even attempting to bypass or exploit, GANA CLOUD SERVICE's security protocols and/or billing infrastructure. Specific forbidden actions encompass:

Multiple Billing Accounts: Establishing multiple billing profiles for identical Customers or within the same domestic setup.

Excess Fund Deposits: Utilizing numerous accounts to deposit money beyond the permissible limits.

Misrepresentation: Generating a billing profile on behalf of someone other than the Customer.

System Exploitation: Taking advantage of flaws or vulnerabilities within GANA CLOUD SERVICE’s platform.

Consequences of Abuse: Any infractions will trigger immediate account deactivation and cessation of Service. Refunds will not be provided under such circumstances.

Pricing Discrepancies: GANA CLOUD SERVICE does not acknowledge any pricing errors featured on their platform. GANA CLOUD SERVICE retains the authority to nullify orders linked to such pricing inaccuracies.

Mass-mailing Restrictions (C):

GANA CLOUD SERVICE's Stance: GANA CLOUD SERVICE strictly prohibits the execution of mass-mailing activities on their servers. Customers found to be operating such scripts face potential consequences, including:

Suspension: Temporary halting of the Customer's services.

Termination: Permanent discontinuation of the Customer's services.

Legitimate Mass Mailing: Should Customers desire to operate a genuine mail-server or dispatch significant volumes of non-spam emails, they must:

Choose an Appropriate Plan: Acquire one of GANA CLOUD SERVICE's Web Hosting packages tailored for such activities.

Seek Prior Approval: Before commencing the mailing activities, customers should contact GANA CLOUD SERVICE to obtain clearance for the anticipated volume of outgoing emails.

Usage Restrictions & Guidelines (D):

Overview: GANA CLOUD SERVICE endeavors to ensure optimal server performance and equitably distribute resources among its clients. Consequently, GANA CLOUD SERVICE has outlined specific usage parameters to prevent undue strain on the servers. Customers must adhere to these guidelines:

High CPU Utilization:

Burst Usage: No more than 95-100% for over 15 minutes.

Average Usage: Cannot exceed an average of 50% within any 2-hour duration.

Advertised Restrictions: Plans with specific fair use limits (typically 25% or 33%) must respect their specified average within a 6-hour frame.

Dedicated CPU Plans: These can utilize 100% CPU constantly.

Load Constraints:

Short-Term Load: A 15-minute average shouldn't surpass the total logical cores assigned.

Long-Term Load: 1-day average must remain below 70% of the total logical cores.

Total Contribution: No more than 10% of the overall server load.

Email Traffic Limits:

Port Block: GANA CLOUD SERVICE may restrict port 25 access.

Hourly Cap: No more than 100 emails every hour. Weekly averages should remain consistent; abrupt spikes are not permitted.

Custom Plans: GANA CLOUD SERVICE can make exceptions based on tailor-made service agreements.

I/O (Input/Output) Constraints:

Hourly Average: Mustn't exceed 80 IOPS per 10GB of allocated space in a 2-hour span.

Bursts: No more than a 300MB/s disk write average over a 10-minute duration.

Operation Average: Less than 300 write operations every second for 1 hour.

Utilization: Stay under 0.25% average use for each 10GB of space in any 12-hour frame.

Network Bandwidth Parameters:

Session Count: Maximum of 50,000 conntrack sessions.

Burst Speed: Cannot reach 80% or more of total port speed for over 5 consecutive minutes or more than 24 hours monthly.

Monthly Bandwidth: Using more than half of the allocated bandwidth in less than 14 days or over 10% in less than 24 hours is prohibited.

Shared Network: Achieving the maximum network speed consistently may not be feasible due to shared resources.

Preventive Measures: To maintain server harmony and prevent disruptions, GANA CLOUD SERVICE can deprioritize, power down, or suspend services that violate these guidelines. This is essential to ensure a seamless experience for all users.

6. SERVICE LEVEL AGREEMENT

Service Availability Commitment (A):

Overview: GANA CLOUD SERVICE is committed to providing reliable services and thus offers an uptime assurance for its services.

Compensation for Downtime: Should there be any service interruptions that qualify under the criteria set out in the Service Level Agreement (SLA), GANA CLOUD SERVICE will credit the affected customer’s account as outlined in the SLA.

Onus of Proof: In situations where there's a disagreement about the duration or legitimacy of a service interruption, the responsibility lies with the customer to provide adequate evidence. Such evidence must convincingly show, based on GANA CLOUD SERVICE’s sole judgment, that there was a breach of the uptime guarantee.

Clarifications:

Network Speed: A reduction in network speed or sluggish network performance does not qualify as downtime. Thus, it's not covered under the SLA.

Exclusions: The SLA has specific circumstances under which the uptime guarantee does not apply. Customers should familiarize themselves with these exclusions to have a clear understanding of their entitlements.

By using GANA CLOUD SERVICE’s services, customers implicitly agree to the conditions set out in this uptime guarantee and recognize the distinctions and limitations it presents.

Compensation for Service Interruptions (B):

Guidelines for Service Downtime Credits:

Triggering the Uptime Guarantee:

Before any credits are issued for downtime, a continuous service interruption of at least ten (10) minutes must be experienced by the Customer.

Only the duration of service interruption post this initial 10-minute period will be considered for downtime credits.

Measurement of Downtime:

Downtime will be calculated on a weekly basis. If the downtime spans beyond one week, it will be rounded up to the nearest whole week for credit calculation purposes.

Claiming Credits:

Customers can claim credits for the qualifying downtime which can be utilized for future services from GANA CLOUD SERVICE.

These credits can't be converted to cash or any other form of refund.

It's important to note that all credits are exclusive of any applicable taxes.

The process to award these credits and any related transactions will adhere strictly to the terms and conditions set out in GANA CLOUD SERVICE’s Billing & Fees policies.

Customers are encouraged to reach out to GANA CLOUD SERVICE to address any concerns regarding service downtime or to claim credits as per the guidelines mentioned above.

Exceptions to the Uptime Guarantee (C):

It's essential to note that not all service interruptions qualify for the Downtime Guarantee. The following are circumstances under which the guarantee will not be applicable:

Scheduled Maintenance: Any downtime arising from routine maintenance or repairs which GANA CLOUD SERVICE periodically conducts will not be counted towards the Uptime Guarantee.

Customer Induced Downtime: Any service interruptions caused directly or indirectly by the actions or omissions of the Customer will not qualify for compensation.

Legal Implications: Service suspensions or terminations due to legal proceedings, threats, or actions taken against the Customer are exempt from the guarantee.

Policy Violations: Service interruptions due to the suspension or termination of your account for violations of this Agreement, as judged solely by GANA CLOUD SERVICE, are not covered. This includes but is not limited to excessive system resource usage, non-payment of dues, other billing issues, or instances where your content is identified as fraudulent, prohibited, or in breach of this Agreement.

External Issues: Downtime resulting from problems with third-party services or issues outside of GANA CLOUD SERVICE's data centers won't qualify for the guarantee.

Security Threats: Any service interruption due to denial-of-service attacks, especially on unprotected services, does not come under the Uptime Guarantee.

Unforeseeable Circumstances: Any interruptions resulting from events beyond GANA CLOUD SERVICE’s control or events that could not have been reasonably predicted are also exempt.

Customers are advised to familiarize themselves with these exceptions before raising any claims or concerns regarding the Uptime Guarantee. This ensures clarity and prevents potential disputes.

Acknowledgment of Service Limitations (D):

This section establishes GANA CLOUD SERVICE's limitations of liability in relation to service interruptions.

No Liability for Service Interruptions: GANA CLOUD SERVICE clearly establishes that it won't be held responsible for any damages — whether actual, economic, or otherwise — that might arise from any temporary lapses, interruptions, or outages in the Service(s) it provides.

Exemption from Economic Loss: The agreement specifies that GANA CLOUD SERVICE won't be liable for any financial losses. This might include potential lost revenue that a Customer might experience due to unavailability of services, breaches of data, or even loss of data.

No Liability for Third Party Damages: If a Customer's use of GANA CLOUD SERVICE's services inadvertently harms a third party (for example, if a Customer's website hosted on GANA CLOUD SERVICE is hacked and then used to disseminate malware), GANA CLOUD SERVICE will not be responsible for any resulting damages.

No Reliance on Warranties or Representations: Both parties, by entering into this Agreement, acknowledge that they're not relying on any promises, representations, or warranties that aren't explicitly detailed within the Agreement itself.

This clause is crucial for GANA CLOUD SERVICE to protect itself from potential litigation or significant financial claims. It places the onus on the Customer to recognize the inherent risks of relying on web-based services and to take precautionary measures accordingly, such as regularly backing up data or having contingency plans in place for service outages.

7. COPYRIGHT POLICY

Grant of Restricted Rights for Specific Purpose (A):

In this section, the nature and extent of rights that the Customer gives to GANA CLOUD SERVICE regarding Customer Content are defined.

Limited, Non-exclusive License: The phrase "limited, nonexclusive right and license" means that GANA CLOUD SERVICE is given specific rights regarding the Customer's content, but these rights are not exclusive to GANA CLOUD SERVICE. The Customer retains the right to grant similar permissions to other entities if they so choose.

Scope of License: The permitted activities for GANA CLOUD SERVICE include copying, distributing, displaying, performing, creating derivative works from, modifying, and otherwise exploiting the Customer Content. Essentially, this allows GANA CLOUD SERVICE to work with, adapt, and use the content to fulfill its service obligations.

Specific Purpose: GANA CLOUD SERVICE can only use these rights "solely for the purpose of rendering GANA CLOUD SERVICE’s Services under this Agreement." This means that GANA CLOUD SERVICE cannot use the Customer's content for any other purpose that isn't directly tied to the services being provided to the Customer.

Duration of License: The rights given to GANA CLOUD SERVICE by the Customer are not perpetual. They will automatically come to an end when the Agreement between the two parties terminates, regardless of the reason for the termination.

Protection of Customer’s Intellectual Property: By specifying the nature and duration of the license, the clause ensures that the Customer's intellectual property is protected. While GANA CLOUD SERVICE can use the content to deliver its services, it doesn't gain broad or permanent rights over the Customer's intellectual property.

This clause is designed to provide clarity on what GANA CLOUD SERVICE can and cannot do with the Customer's content while also reassuring the Customer that their content remains fundamentally theirs and won't be exploited beyond the confines of the service agreement.

Ownership and Licensing of Website Components (B):

In this section, the ownership and rights regarding the different components of the website, such as the design and the content, are laid out clearly.

Customer Content Ownership: The section clarifies that the Customer retains ownership of the "Customer Content". This means any and all materials the Customer provides to GANA CLOUD SERVICE (like text, graphics, music, videos, etc.) remain the property of the Customer. The ownership doesn't transfer to GANA CLOUD SERVICE just because the content is used on the website.

Third-Party Materials: These are components that aren't owned by either GANA CLOUD SERVICE or the Customer. They could be software, plugins, or any other elements licensed by GANA CLOUD SERVICE from third-party vendors or freely available to the public under specific licensing terms. GANA CLOUD SERVICE is indicating that while they can use these third-party materials on the website, they don't own them.

GANA CLOUD SERVICE's Rights to Web Design: Here, it's clarified that GANA CLOUD SERVICE retains the rights to the overall design and layout of the website. This can include the templates, themes, and the overall look and feel of the website.

Service Continuity and Ownership: If the Customer discontinues their payments for the services provided by GANA CLOUD SERVICE, they forfeit their access and usage rights to the website, which seems to be hosted and/or managed by GANA CLOUD SERVICE. This essentially means that the Customer can't take the website (at least the design and layout that GANA CLOUD SERVICE provided) and use it elsewhere without GANA CLOUD SERVICE's involvement.

This clause delineates the boundaries of ownership and usage rights between GANA CLOUD SERVICE and the Customer. It's designed to make clear what elements of the website each party has rights to and what happens in case of discontinuation of services.

Usage and Restrictions of Proprietary Technology (C):

In this section, the terms related to "Background Technology" used by GANA CLOUD SERVICE in their services are detailed.

Definition of Background Technology: The term "Background Technology" refers to proprietary coding and operational instructions developed by or specifically for GANA CLOUD SERVICE. This is the technology that essentially powers and runs the websites or servers connected to those websites. It includes various essential elements that are integral to the functionality and appearance of websites, like code for forms, buttons, style sheets, and other dynamic features.

Exclusions from Background Technology: It is explicitly mentioned that the term does not encompass any content provided by the Customer ("Customer Content"). This distinction is crucial because while the Customer retains rights to their content, they do not have similar rights to the underlying Background Technology that powers the website.

Restrictions on the Use of Background Technology: The section imposes stringent restrictions on the Customer regarding the use of GANA CLOUD SERVICE's proprietary technology. The Customer cannot duplicate, distribute, or share this technology with third parties without GANA CLOUD SERVICE's explicit permission. This restriction is common for proprietary technologies as it safeguards GANA CLOUD SERVICE's intellectual property.

Prohibition on Reverse Engineering: Beyond just copying or distributing, the Customer is also expressly prohibited from reverse-engineering, which means trying to understand the underlying code or technology by dissecting its end products. Similarly, they can't attempt to decompile or derive the source code of the Background Technology. Such restrictions are standard in tech agreements to protect trade secrets and proprietary tech solutions.

The essence of this clause is to ensure the protection of GANA CLOUD SERVICE's proprietary technologies, preventing unauthorized access, duplication, or misuse. It draws a clear line between the content (which belongs to the Customer) and the underlying tech (which remains GANA CLOUD SERVICE's property), ensuring both parties understand their rights and obligations.

Compliance with Digital Copyright Laws (D):

This clause highlights the respect and compliance with intellectual property laws, emphasizing the U.S. Digital Millennium Copyright Act (DMCA). Customers cannot use GANA CLOUD SERVICE's services to infringe upon the rights of third parties. If a third party believes their intellectual property rights have been infringed, they can contact GANA CLOUD SERVICE directly. The DMCA and other relevant laws will guide GANA CLOUD SERVICE's response.

Assurance of IP Ownership and Rights (E):

Customers must ensure they have the necessary intellectual property rights for the content they upload, promote, or distribute using GANA CLOUD SERVICE services. It emphasizes the global nature of intellectual property rights, requiring customers to have the appropriate permissions not just in the U.S., but worldwide.

Remedies for Intellectual Property Violations (F):

If GANA CLOUD SERVICE receives information or believes that the content provided by a customer infringes on the intellectual property rights of another party or is under dispute, GANA CLOUD SERVICE can, at its sole discretion and without prior notification, halt or end the provided services, stop data transmission related to the customer's domain, and permanently erase the customer's data from its systems. The customer agrees to abstain from raising any claims against GANA CLOUD SERVICE due to such actions, both presently and in the future. Furthermore, should a third party raise a claim alleging copyright infringement or violation of privacy rights, or any other intellectual property breach, GANA CLOUD SERVICE can, without notifying the customer, restrict or halt access to the disputed content and might even terminate the agreement. In these circumstances, GANA CLOUD SERVICE won't be held responsible for any consequences, whether to the customer or any third party. The customer also commits to forgoing any future claims against GANA CLOUD SERVICE related to such decisions and is responsible for protecting GANA CLOUD SERVICE from any related claims or liabilities.

8. PRIVACY POLICY

Privacy Considerations (A): GANA CLOUD SERVICE values customer privacy and will only share Customer information with external entities when required, as stipulated in this Agreement. While GANA CLOUD SERVICE can access Customer’s Services and related data, such access can be restricted upon Customer's request. Nonetheless, any anomalies in service usage or signs of abuse as outlined in this Agreement may necessitate GANA CLOUD SERVICE to access Customer’s Service(s). Failure to grant this access in such instances may result in Service Termination.

Information Disclosure Exceptions (B): GANA CLOUD SERVICE will disclose specific Customer details under certain circumstances, as highlighted below:

For billing processes, GANA CLOUD SERVICE will exchange details with financial services like PayPal to complete transactions. This can involve sharing the Customer’s name, address, IP address, and payment details based on the payment method chosen.

For fraud deterrence, information such as the Customer’s name, address, and IP address will be shared.

GANA CLOUD SERVICE might share a subset of Customer details for promotional activities and market research. This might encompass the Customer’s geographical location, address, and a broad overview of the services availed.

Legal obligations might require GANA CLOUD SERVICE to disclose Customer data to legal entities, following guidelines like the U.S. Constitution and relevant federal laws.

Complying with Law Enforcement Data Requests (C): GANA CLOUD SERVICE will adhere to the Electronic Communications Privacy Act of 1986 (“ECPA”), which includes the Stored Communications Act (“SCA”), when dealing with law enforcement inquiries. As per this, GANA CLOUD SERVICE can only share Customer information with a third party in scenarios where:

The Customer provides explicit written consent for such a disclosure.

The inquiring entity is a legal or government agency possessing a valid warrant, court directive, or an administrative subpoena, termed a National Security Letter or “NSL.”

Moreover, GANA CLOUD SERVICE, referencing 18 U.S. C. § 2702, may opt to disclose customer data if it believes there's an imminent risk of death or severe bodily harm to someone. A subsequent table delineates the specific types of Customer information that GANA CLOUD SERVICE may disclose to governmental law enforcement agencies and the necessary official documentation they need to provide as mandated by U.S. law.