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Hosting and SLA

1. OBJECTIVES

This agreement sets out the minimum level of service that Bright Labs is required to meet and the corresponding penalties for not meeting such levels. Our objective is to provide a continuously operating service that is well beyond the minimum levels specified.

 

2. UPTIME

Bright Labs' goal is to achieve 100% uptime each month. The guaranteed up-time for network services is 99.5% each month.

 

3. SUPPORT

All downtime support requests will be handled as soon as possible, target time to action all downtime support requests is within 30 minutes.

 

4. PERFORMANCE

Bright Labs' co-location provider specifies that all Network services are continuously monitored to ensure rapid response to any faults, which may occur. Monitoring is carried out on all primary services. Monitoring feedback is provided to technical support staff via email and notification services 24 hours, 7 days.

 

5. SERVICE LEVEL GUARANTEE

The service level guarantee will be measured by Bright Labs and is based on the up-time. If Bright Labs determines that primary services were unavailable for period exceeding the maximum allowable under the prescribed up-time target, and extending for a continuous duration of 1 hour or more per instance, upon the customer's request, Bright Labs will credit the customer's monthly invoice the prorated charges of one (1) day of the Bright Labs' services fee for each consecutive hour, up to a maximum of 30 days per month. To receive credit if this guarantee has not been met, the customer must contact Bright Labs within seven days of the down-time occurring.

 

6. PRICING

Bright Labs may increase or vary the pricing on reasonable grounds by giving fourteen (14) days notice to the customer:

  • a. If, in the opinion of Bright Labs, any variation to the proposal or deliverables, is likely to result in the total amount of fees for the services being greater than the original quotation amount; or
  • b. For hosting services, Bright Labs may adjust the hosting fees once in each twelve (12) month period by the greater of:
    • i. 3.5%; or
    • ii. the annual percentage increase in the Consumer Price Index published by the Australian Bureau of Statistics for the relevant period; or
  • c. If Bright Labs has not applied an annual hosting fee adjustment in one or more previous years, Bright Labs may apply a catch-up adjustment in a later year to reflect some or all of the annual increases that could have been applied during those previous years under clause 6(b). Bright Labs will provide written notice of the adjustment before it takes effect, including a brief explanation of how the adjustment has been calculated. The adjustment will not exceed the amount that would have applied had the annual adjustments been charged in each relevant year; or
  • d. If the hard disk space, bandwidth, usage, licence, third-party supplier, infrastructure or other hosting-related limits for the account are exceeded or increased, Bright Labs may vary the hosting fees to reflect the increased cost or usage.

 

6. EXCEPTIONS

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site or Server Availability caused by or associated with:

  • a. Circumstances beyond Bright Labs' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, hurricane or other acts of God, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, failure of third party software (including, without limitation, E-commerce software, payment gateways, chat, statistics or free scripts);
  • b. Failure of access circuits to the Bright Labs Network, unless such failure is caused solely by Bright Labs;
  • c. Scheduled maintenance and emergency maintenance and upgrades (as per Section 7);
  • d. DNS issues outside the direct control of Bright Labs;
  • e. Issues with FTP, POP, IMAP, or SMTP customer access;
  • f. False SLA breaches reported as a result of outages or errors of any Bright Labs measurement system;
  • g. Customer's acts or omissions (or acts or omissions of others engaged or authorised by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, wilful misconduct, or use of the g. Services in breach of Bright Labs' Acceptable Use Policy;
  • h. E-mail or webmail delivery and transmission;
  • i. DNS (Domain Name Server) Propagation;
  • j. Outages elsewhere on the Internet that hinder access to your account. Bright Labs is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Bright Labs will guarantee only those areas considered under the control of Bright Labs: Bright Labs server links to the Internet, Bright Labs’ routers, and Bright Labs’ servers.

 

8. SCHEDULED OUTAGES

Scheduled outages. From time to time upgrades to hardware and or software may be required, such upgrades will attempt to be performed outside of business hours. The client will be notified as far as practicable in advance of such upgrades. Scheduled outages under normal conditions should not exceed 5 hours per year. Under normal conditions the client will be advised via email and or telephone no less than 24 hours in advance of any scheduled outage. Under normal conditions the clients input will be sought to identify the most suitable time for a scheduled outage to take place.

 

Acceptable Use Policy

 

1. SCOPE

This Acceptable Use Policy (this "Policy") governs the usage of Bright Labs products and services (the "Services"). This Policy is incorporated by reference into each contract Bright Labs enters into with a customer (each, a "Customer") for the use of such Services. Bright Labs may modify this Policy at any time without notice. This Policy is available via the Bright Labs website.
 

2. PURPOSE

The purpose of this Policy is to enhance the quality of the Services and to protect Bright Labs customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from Bright Labs (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
 

3. PROHIBITED USES

Users may not:

a. Utilise the Services to send mass unsolicited e-mail to third parties.

b. Utilise the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:

  • i. Utilise the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorisation;
  • ii. Utilise the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
  • iii. Utilise the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
  • iv. Utilise the Services to export encryption software to points outside Australia in violation of applicable export control laws; or
  • v. Utilise the Services in any manner that violates applicable law.

c. Utilise the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not utilise the Services to publish or disseminate information that:

  • i. constitutes slander, libel or defamation
  • ii. publicises the personal information or likeness of a person without that person's consent or
  • iii. otherwise violates the privacy rights of any person

d. Utilise the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

e. Utilise the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:

  • i. Utilise the Services to subvert, or assist others in subverting, the network, security or integrity of any Bright Labs systems, facilities or equipment;
  • ii. Utilise the Services to gain unauthorised access to the computer networks of Bright Labs or any other person;
  • iii. Utilise the Services to provide passwords or access codes to persons not authorised to receive such materials by the operator of the system requiring the password or access code;
  • iv. Utilise the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
  • v. Utilise the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
  • vi. Utilise the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorised system administrator);
  • vii. Utilise the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
  • viii. Utilise the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
  • ix. Utilise the Services in any manner that might subject Bright Labs to unfavourable regulatory action, subject Bright Labs to any liability for any reason, or adversely affect Bright Labs public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Bright Labs in its sole discretion;
  • x. Utilise the Services to cause denial of service attacks against Bright Labs or other network hosts or Internet users or to otherwise degrade or impair the operation of Bright Labs servers and facilities or the servers and facilities of other network hosts or Internet users;
  • xi. Utilise the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

 

4. VIOLATIONS

Disclaimer. Bright Labs expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Bright Labs has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.


5. REPORTING NON-COPYRIGHT VIOLATIONS

Bright Labs encourages Users to report violations of this policy by e-mail to [email protected] including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.


6. REMEDIES

If Bright Labs learns of a violation of this Policy, Bright Labs will respond to the applicable Customer and may, at Bright Labs sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:

  • a. Warning the Customer;
  • b. Suspending the offending Customer from the Services;
  • c. Terminating the offending Customer from the Services;
  • d. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
  • e. Removing the offending content;
  • f. Taking other action in accordance with this Policy, the applicable service contract or applicable law.
     
7. RESERVATION OF RIGHTS
  • Bright Labs reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Bright Labs Services, Customers and other Users.
  • Bright Labs reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.
  • Bright Labs may utilise technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Bright Labs is authorised to monitor its communications through Bright Labs network for such purposes.