Schedule of Hosting Services (Schedule A)

Hardfocus International (herein, "Hardfocus") provides "Services" such as Internet website hosting, email hosting which, other with other services, enable its Clients to establish and maintain an Internet presence.

This document is a schedule of the Services and pricing for Services covered by the Hosting Agreement and appended thereto as Schedule "A".

In the event that claims, restrictions, warranty prices or features of the Services herein differ from other published sources, this document shall be deemed to be correct.

1 Hosting Service

All Hosting Services are comprised of a "Hosting Account" which enables access to one or more of Hardfocus's Internet servers via an administrative software "Control Panel". See Section 1.6 (Hosting Account Features) below for inclusions.

1.2 The Works

The Works is a shared-server, Internet Hosting Service. It is suitable for hosting a static website, or simple Content Management System (CMS) such as a "blog" or "wiki".

This Hosting Plan is available in four tiered "Levels", where each Level increase represents a doubling of Data Storage and Traffic allowance. Clients requiring more Disk Space or Traffic allowance than provided under their current Level may upgrade to the next Level of this Hosting Plan at any time during the Service Period.

Clients requiring more Data Storage or Traffic Allowance than available under Level 4 of this Hosting Plan should consult with Hardfocus to determine the type of service that best suits their performance requirements.

1.3 eCommerce

eCommerce is a shared-server, Internet Hosting Service identical to The Works but additionally includes a dedicated IP address, which is a prerequisite for enabling SSL (secure socket layer) encryption.

The pricing structure is the same as for The Works Hosting Plans, except that there is an additional charge for the dedicated IP address.

The cost of Digital (SSL) Certificates is not covering under the 'eCommerce Hosting Plans and must be purchased separately, either from Hardfocus or from a third-party.

Clients that do not have, or no longer have, a valid Digital Certificate from a recognised certificate signing authority are not eligible for a dedicated IP address and will be reverted to The Works with a shared IP address and no Digital Encryption.

1.3.1 Digital Certificates

Authentication and encryption is facilitated by a "Digital Certificate" which is assigned to a specified Internet domain name and a specified IP (Internet Protocol) Address. Only one Digital Certificate may be issued per IP address.

1.4 Discounts & Bonuses

Due to the high cost associated with setting up Hosting Accounts and allocating resources thereto, Hardfocus offers financial incentives for longer-term commitments. The follow chart details the discount structure for Hosting Services in relation to the Payment Cycle:

Payment
Cycle
Set-up
Charge
Service
Discount
Domain Name
Discount
Monthly JPY 2000 none no
Semi-Annual no 25 percent yes *
Annual no 50 percent yes *

* Domain Name Discount applies to new registration or transfer, up to JPY 2000 value. Regular charges apply for renewals.

1.5 Network Facilities

Hardfocus warrants that its Internet Servers are housed in a bona fide data centre with proper disaster prevention and recovery systems, implemented in accordance with industry norms.

More information about Hardfocus's Data Facilities can be seen at http://www.hardfocus.net/about.

1.6 Hosting Account Features

The following server characteristics, features, functions and services are included in both The Works and eCommerce Hosting Plans:

  • Support (See Hosting Service Agreement for limits)
    • Administrative Support
    • Technical Support
  • System-level Services
    • Data Backups
      • on-site
      • three-level redundancy:
        • on server (RAID1 or equivalent)
        • on server (7-day rotation)
        • off server (daily)
    • Linux- or BSD-based Operating System
    • cPanel® (web-based administrative control panel)
    • SSH (secure shell)
    • SFTP (secure file transfer protocol)
  • Web Services
    • Apache (web server)
    • CGI (common gateway interface)
    • Scripting languages:
      • SSI (server-side includes)
      • Perl language
      • PHP language
      • Python language
      • Ruby language (System-wide version and client installable via RVM)
      • RVM (Ruby enVironment Manager)
        • Rails Framework (client installable)
        • RubyGems (client installable)
  • Mail Services
    • POP3
    • SMTP
    • IMAP
    • WebMail
  • Database Services
    • MySQL
  • FrontPage® Extensions
    • Included by request

2 Uptime Guarantee

"Uptime" is defined as the total available time of the Hosting Service, expressed as a yearly percentage.

"Downtime" is any period of time for which the Hosting Service is not available.

"Cumulative Downtime" is the total Downtime, in minutes, calculated from the beginning of the current one-year term of the Hosting Service Agreement. Cumulative Downtime is considered zero at the beginning of each new one-year Service Period.

"Scheduled Maintenance" is any downtime for which notice has been given in advance. Such notice shall be given on the Hardfocus Network Services Website or by eMail to the Client. Scheduled Maintenance includes but is not limited to hardware and software upgrades, power maintenance and migration of the Hosting Account from one server to another.

2.1 Calculation

Hardfocus warrants that the Uptime of the Hosting Service will be 99.9 percent or higher. If the Cumulative Downtime exceeds 0.1 percent in any calendar month, Hardfocus will credit the Client Hosting Account for the equivalent of one month of the Hosting Service.

An Uptime of 99.9% or greater means that the service has had a Cumulative Downtime not exceeding approximately 43 minutes in a month, depending on the number of days in a month.

2.2 Limits, Exclusions & Force Majeure

Any claim arising under the Uptime Guarantee shall be made within 30 days of the most recent Downtime incident.

Scheduled Maintenance is expressly excluded from the Downtime calculation.

Any Hosting Account which has been suspended for violation of the Acceptable Use Policy or the Hosting Service Agreement, or to a suspected violation thereof, is not covered under this guarantee.

Any account suspended as a result of exceeding disk or traffic quotas or otherwise suspended for failure to make payment of fees when due, in accordance with the Service Agreement, are not covered under this guarantee.

Internet congestion and DoS (Denial of Service) attacks are beyond the control of Hardfocus and therefore not covered under this guarantee.

Natural disasters, court injunctions or any other unforeseeable or uncontrollable circumstances are not covered under this guarantee.

2.3 Resolution of Disputes

Any disputes over calculation of the Cumulative Downtime will be resolved by using the downtime and incident logs of a third party retained by Hardfocus to monitor the server availability (Nagios).

3 Money-Back Guarantee

Hardfocus warrants that the Hosting Service will be suitable to the client and offers a full refund of the fees paid for the Hosting Service according with the conditions below.

3.1 Calculation

Hardfocus will refund the Setup Fee and monthly fee for the Hosting Service at any time within the first sixty (60) days of service. Any claim made under this guarantee must be made within that 60-day period.

3.2 Refund for Domains and Domain Ownership

Domain name registration or transfers are not covered under this guarantee.

The Client will retain ownership of the domain name and may choose to host the domain name with another hosting service provider. In accordance with with Hardfocus's policy to provide domain name parking, Hardfocus will provide parking, free of charge, until such time that the client decides to host the domain name elsewhere.

3.3 Refund for SSL Certificates

SSL (Secure Socket Layer) certificates are not covered under this guarantee.

The Client will retain ownership of the certificate and may request to have the certificated reissued if the domain name is transferred to a different IP address, server or hosting provider. If the client requests that Hardfocus perform certificate signing requests (CSRs) or installation of the certificate, Hardfocus, at its option, may charge a reasonable administrative fee for this service.

3.4 Limits

Under no conditions will the amount of reimbursement, under this guarantee, exceed the total amount paid by the Client.

Any client found to be in violation of the Hardfocus Acceptable Use Policy (AUP) is not eligible for a refund under this guarantee.