Legal

ServerForce Ltd trading as UrbanServers.com

The Terms of Service, Acceptable Usage Policy and any relevant Service Level Agreement, form the "Agreement" between the Supplier and the Subscriber for the provision of the Service.

Definitions

"Company", "Supplier", "UrbanServers.com"

Means ServerForce Ltd trading as UrbanServers.com, whose registered address is:

ServerForce Ltd t/a UrbanServers.com
1 Merrick Way
Chandler's Ford
Hampshire
SO53 4QT
United Kingdom

"Company's Website" Means www.urbanservers.com
"Subscriber" Means the customer to which this Agreement relates
"Agreement" Means the Terms of Service and the Acceptable Usage Policy combined, which forms the contract upon which business is conducted between the Company and the Subscriber
"UBE" Means "Unsolicited Bulk E-mail", i.e. E-mail messages that the recipient has not solicited and is sent in bulk by the Subscriber.
"Service" Means any and all Service(s) that the Subscriber is being supplied by the Company.
"IP Address" Means an Internet Protocol address.
"Shared Hosting" Means any Service which is shared with other Subscribers of the Company. This includes, but is not limited to: Web Hosting, Reseller Web Hosting, Virtual Private Servers. For the avoidance of doubt, any Service supplied by the Company shall be classified as "Shared Hosting" unless the Service title begins with the word "Dedicated", for example, "Dedicated Server".
"Clause" Means a numbered item within this Agreement.
"Person" Includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
"SLA" Means Service Level Agreement, a document which offers a certain level of performance for a specific task from the Company, and offers payment, in the form of Service credits, if the documented performance is not met.
"Terms of Service", "TOS" The terms and conditions by which business is conducted between the Subscriber and the Company.
"Acceptable Usage Policy", "AUP" The acceptable usage of the Service by the Subscriber and other third parties, as detailed in the Agreement.

Additional definitions may be found within specific sections of the Agreement.

The Company agrees to furnish the Service(s) to the Subscriber, subject to the following Agreement.

Placing an order, establishment of the Service, use of the Service and making payment all constitute acceptance of the Agreement.

Terms of Service

  1. Service: The Subscriber will communicate the Service(s) which they desire the Company to supply, either by placing an order via the Company's Website, or via a sales discussion. Once the Subscriber and the Company has agreed the Service(s) to be supplied along with pricing (this will be automatic if the Subscriber places an order for a Service offered on the Company's Website, subject to Clause 11 of the Agreement), the Subscriber's Service will be added to the Company's billing system. The terms of supply for all Service(s) supplied by the Company to the Subscriber shall be set out in the Agreement. Any amendments or additions to the Subscriber's Service(s) shall be communicated to the Company in accordance with the Agreement, and any such amendments, additions or cancellations will also be bound by the Agreement.
  2. Disclosure to Law Enforcement: The Agreement specifically prohibits the use of the Company's Service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all Subscriber information including contact details, assigned IP addresses, Service history, Service usage, etc. to any law enforcement agent who supplies a valid Court order obliging the Company to supply such data, without further consent or notification to the Subscriber.
  3. Service Rates: The Subscriber acknowledges that the nature of the Service furnished and the initial rates and charges have been communicated to the Subscriber. The Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.
  4. Activation: Activation of the Service is dependent upon cleared payment of all applicable fees, and must be made no later than the stated due date.
  5. Payment: All payments must reach the Company in cleared funds no later than the stated due date.
  6. Refund and Disputes: Refunds are at the sole discretion of the Company (except where Clause 8 applies to UK residents). This includes any one-time set-up fees and subsequent charges regardless of usage. Any overcharges or billing disputes must be reported to the Company within 60 days of the time that the disputed issue occurred. If Subscriber disputes a charge to their credit card issuer or bank that, in the Company's sole discretion is a valid charge under the provisions of the Agreement, Subscriber agrees to pay the Company an "Administrative Fee" of not less than £50 nor more than £150.
  7. Failure to Pay: The Company may, in its sole discretion, temporarily suspend the Service or permanently terminate the Service upon the failure of Subscriber to make payments when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges and any charges which would have become due within the remaining service period, plus reasonable interest and any collection fees. Service interrupted for nonpayment may be subject to a £50 reconnect charge. Accounts not paid by their due date will be subject to a 10% late fee (calculated from the total invoice amount excluding VAT if applicable). Accounts that are not collectable by the Company may be turned over to an outside collection agency for collection, and/or a small claims court action may be pursued to recover the debt. If the Company pursues either of these options, Subscriber agrees to reimburse the Company for any costs incurred, in addition to payment of the original debt.
  8. Distance selling Regulations Act: Cancellation under the Distance Selling Regulations Act is not possible once the Subscriber begins using the Service. The Distance Selling Regulations only apply to private customers within the UK.
  9. Abuse Reports: The Company may receive complaints from members of the public about the conduct or activity of the Subscriber in relation to their Service. While investigating such complaints, the Company may forward the details of the complaint to the Subscriber in order to clarify whether a violation of the Agreement has occurred. The Subscriber agrees to fully cooperate with the Company in its investigation of a complaint. Subscriber agrees that non-cooperation is, in itself, a violation of the Agreement.
  10. Service Cancellation: Cancellation without further obligation can occur at any time before the Service's next invoice is raised. Should cancellation occur after the invoice has been raised, but before the renewal has taken effect, the Company may, in its sole discretion, agree to cancel the invoice. Cancellation requests must be submitted via ticket at https://my.urbanservers.com/billing/.

    A cancellation request is not valid until it is confirmed as received by the Company in writing. Any outstanding account balance must be cleared, and any unbilled usage must be invoiced and paid, before the Company can cancel the Subscriber's Service. The Subscriber must have all Service information to cancel.

  11. Errors and Omissions: The Company does not accept liability for any error or omission on its Website or via personal discussion between the Company and the Subscriber, which leads to inaccurate pricing, Service specifications or other information being wrongly communicated to the Subscriber or applied to the Subscriber's Service. The Company shall have the right to amend any inaccurate information without penalty or liability. In the case of invoice(s) charging an amount lower than that agreed by the Subscriber and the Company, the Subscriber agrees to pay the difference without delay.
  12. Limitation Of Liability: The Subscriber acknowledges that the Service provided is of such a nature that the Service can be interrupted for many reasons other than as a result of the negligence of the Company and that damages resulting from any interruption of the Service are difficult to ascertain. Therefore, the Subscriber agrees that the Company shall not be liable for any damages beyond the direct and exclusive control of the Company, and in any case any compensation payment shall not be greater than the Subscriber's Service fees during the month in which the interruption occurred, or beyond the amount of credit due from any applicable Service Level Agreements pertaining to such a Service interruption, whichever is the smaller.

    Subscriber further acknowledges that to the extent permitted by law, any claim, howsoever arising, made against the Company may not exceed an amount equivalent to the fees payable by the Subscriber for the relevant Service during the month(s) in which the claim arose. In no event shall the Company be liable for any special or consequential damages or losses.

  13. Service Level Agreement: The Company operates certain Service Level Agreements, which set out the Company's intended performance in relation to the subject which the SLA covers, and offers payment in the form of Service credits if the intended performance is not met by the Company. Not every SLA is applicable to every Service supplied by the Company. Therefore, an SLA shall only be deemed active in relation to a particular Service if clearly stated in this Agreement, or confirmed in writing by an authorised Company representative to the Subscriber. Any terms and conditions relating to the operation of an SLA shall be fully binding. In the event of a contradiction between an SLA and the Terms of Service, the Terms of Service shall prevail.
  14. Agreement Validity: The Agreement shall be construed in all respects in accordance with the laws of the United Kingdom. If a provision of the Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. All other provisions shall remain in full force.
  15. IP Address Assignment: If the Company assigns the Subscriber an Internet Protocol address for Subscriber's use, the right to use that Internet Protocol address shall belong only to the Company, and the Customer shall have no right to use that Internet Protocol address except as permitted by the Company in its sole discretion in connection with the Service, during the term of the Agreement. The Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Subscriber by the Company, and the Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Allocation of IP addresses is guided by RIPE's policies. The Company will periodically review IP address usage and may reduce, without compensation or fee reduction, Subscriber's IP address allocation if it deems that Subscriber is not using their allocation fully.
  16. Resource usage: The Subscriber agrees that any resource usage used shall not exceed the agreed amount. The Company will monitor the Subscriber's resource usage. The Company shall have the right to take corrective action if the Subscriber's resource usage exceeds the agreed limit of the Service. Such corrective action may include the assessment of additional charges, or if the Company believes that the excess resource usage usage may adversely affect the Company's other clients or operations, the Subscriber's service may be temporarily suspended.
  17. Violations of this Agreement:

    The Company is under no duty to proactively monitor or police the Subscriber's activities to determine if a violation of the Agreement has occurred. However, if the Company has reason to suspect that a violation of the Agreement may have occurred, the Company may take action as detailed below.

    1. Enforcement Action Before Violation Is Proven: If the Company, at its sole discretion, suspects the Subscriber has violated any Clause of the Agreement, but has not yet confirmed that a violation has taken place, the Subscriber may have their Service restricted or suspended, should the Company, in its sole discretion, deem such action to be necessary to cease an ongoing Agreement violation, prevent further Agreement violations, or to preserve and collect evidence to confirm the suspected Agreement violation.

    2. Enforcement Action After Violation Is Proven: Should the Company have evidence that confirms a violation of the Agreement, the Company may, in its sole discretion, take one or more of the following actions:
      1. Require a written agreement from the Subscriber to refrain from any further violations.
      2. Terminate any and all of the Subscriber's Service(s).
      3. Invoice the Subscriber for any costs associated with the investigation of the violation and any losses incurred by the Company or third parties as a result of the Subscriber's violation.

      The Company shall not be liable for compensation to the Subscriber of any kind, howsoever arising. Refunds will be at the sole discretion of the Company.

    3. Subscriber Notification: The Company will notify the Subscriber of the violation and the action taken. Prior notification of intended action is not guaranteed.

      The Company shall not be liable to pay compensation to the Subscriber should the Company, in its sole discretion, believe that it is not possible or appropriate to notify the Subscriber prior to action being taken.

    4. Involvement of Law Enforcement: The Company reserves the right to notify and cooperate with law enforcement officials if the violation is believed to be a criminal offence, or if the Company, in its sole discretion, deems such action necessary.
    5. Suspected violation proven false: Should the Service be subject to enforcement action due to a suspected violation which the Company discovers to be false, compensation shall be limited to the relevant SLA for the Subscriber's Service. In the event that no SLA exists for the Subscriber's Service, the Subscriber will be offered a pro-rata refund of Service fees for the time their Service was unavailable.
    6. Suspected Violation Investigation: The Company reserves the right, in its sole discretion, to use all means at its disposal to investigate suspected Agreement violations, including, but not limited to, monitoring the Subscriber's network traffic or viewing files stored on the Subscriber's Service, if the Company believes such action is necessary during the investigation of a suspected Agreement violation.
  18. Network Degradation: Should the Subscriber's Service cause network degradation to the Company's wider operations as a result of, including but not limited to, receiving Denial of Service attacks, the Company reserves the right to temporarily suspend the Subscriber's Service until such a time as the event has stopped, or has fallen back to a level which does not degrade the Company's other operations. If the network degradation is a result of the Subscriber's outbound traffic being deemed to be excessive, the Company may, in its sole discretion, temporarily lower the network port speed on the Subscriber's Service until such a time as the issue has subsided.
  19. Shared Hosting Degradation: In such circumstances as the Subscriber's Service is Shared Hosting, and the Subscriber causes degradation to other users of the Company's Shared Hosting environment, including, but not limited to using excessive CPU, RAM, Hard Disk or SSD throughput or other resources, the Company shall have the right to suspend the Subscriber's Service to protect its other operations until such a time as the Subscriber can remedy the situation.
  20. Agreement Amendments: The Company reserves the right to amend its policies from time to time. As far as is permitted by law, Subscriber agrees that amendments to the Agreement by the Company shall not be grounds for non-payment or cancellation outside of the scope of the cancellation policy detailed in Clause 10 of the Agreement.
  21. Third party access and liability: The Subscriber will be held liable under this Agreement for the actions of any third parties, including but not limited to: customers, staff or members or the public, whether or not the Subscriber had granted the third party access to their Service.
  22. Indemnification: Subscriber indemnifies the Company for any violation of the Agreement that results in loss to the Company or the bringing of any claim against the Company by any third party as a result of a violation of the Agreement by the Subscriber. Subscriber further agrees that any costs incurred by the Company by such action will be paid for by the Subscriber.
  23. Subscriber contact details: Subscriber must provide the Company with, and keep current, correct contact information for the Subscriber.
  24. Company waiver: A waiver by the Company of any breach of any Clause of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other Clause thereof.
  25. Agreement Transfer: Subscriber shall not transfer or assign the Agreement without the prior written consent of the Company. The Company may assign this Agreement at any time, by providing no less than 30 days' notice to the Subscriber.
  26. Damages: The Company is not responsible for any damages Subscriber's business may suffer. For the removal of doubt, "Business" refers to commercial, non-commercial, charitable and private activities. The Company does not make implied or written warranties for the Service beyond any relevant Service Level Agreement. The Company denies any warranty or merchantability for a specific purpose. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company.
  27. Responsibility for data: The Subscriber is solely responsible for any data stored on and served by the Subscriber's Service. It is the Subscriber's sole responsibility to take precautions against data loss. If the Company offers a backup service, it is stored at the same physical location as the primary Service unless otherwise stated. Any backup service offered is on a best-efforts basis only, and no guarantees nor warranties, either expressed or implied, regarding the safety, longevity or availability of the data stored on this service are offered. Any data uploaded to, and/or stored on, the backup service is done entirely at Subscriber's own risk.
  28. Denial of Service: We reserve the right to decline to enter into a business relationship with an applying individual, organisation or business at any time and for any reason.
  29. Service support: Unless explicitly stated otherwise in writing, all services sold by the Company are unmanaged. This means that the Company is only responsible for the initial set-up of the service and maintenance of any underlying infrastructure which the Subscriber's Service depends upon; it is the responsibility of the Subscriber to operate and maintain their Service. This includes, but is not limited to, software configuration and upgrades.
  30. Third Party Involvement: The Subscriber acknowledges that the Company is not responsible for the actions of any third party, whether or not the third party's access is authorised by the Subscriber, and agrees to hold harmless and indemnify the Company for any such access.
  31. No Partnership or Agency: Nothing in the Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
  32. Force Majeure: Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation(s) is prevented by the occurrence of a Force Majeure event. No penalty shall exist for anything occurring as a result of Force Majeure.

Acceptable Usage Policy

  1. Censorship: The Company supports the uncensored flow of information and ideas over the Internet and does not actively monitor the Subscriber's activity under normal circumstances. Similarly, the Company does not exercise editorial control over the content of any web site, e-mail transmission, newsgroup message, or other material created, hosted on or accessible over or through the Service. However, in accordance with the Agreement, the Company may take action, in accordance with Clause 16 of the Agreement, against anything that, in the Company's sole discretion, may be illegal, may subject the Company to liability, may lower the Company's or another customer's good name or goodwill, or which may violate the Agreement.
  2. Security: The Subscriber must ensure that their Service is properly configured to maximise security and is protected against unauthorised access, including, but not limited to: by installing all available software updates, by using strong passwords, by maintaining a firewall, etc.
  3. Service degradation: In such situations where the Company believes the Subscriber's Service is degrading the quality of service or causing a malfunction to, or interference with, the Company's operations, its other clients, or the Internet, howsoever arising, the Company, in its sole discretion, reserves the right to take any action it believes necessary against the Subscriber's Service.
  4. Illegal use: The Subscriber's Service must not be used for illegal activities, or in any way relating to illegal activities. The Company reserves the right to cooperate with legal authorities and/or third parties in the investigation of any suspected violation of this Agreement, crime or civil wrongdoing.
  5. Harm to minors: Subscriber's Service may not be used to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  6. Internet Blacklisting: Should any IP space assigned to the Subscriber become listed on any Internet blacklists, relating to spam or otherwise, the Subscriber acknowledges that action may be taken in accordance with Clause 16 of the Agreement to protect the interests of the Company and its other operations. The Company will liaise with the Subscriber to ascertain the cause of the blacklisting. The Subscriber agrees to allow access to the Service by the Company in order to investigate the cause(s) of the blacklisting. Should it be deemed that the Subscriber has been blacklisted as a result of a violation of the Agreement, the violation will be dealt with in accordance with Clause 16 of the Agreement. The Subscriber agrees that any costs incurred by the Company for removal of the offending IP space from the relevant blacklist(s) will be paid for by the Subscriber.
  7. Unsolicited Bulk Email ("UBE"): The Company takes a zero tolerance approach to the sending of Unsolicited Bulk Email ("UBE") from the Subscriber's Service. The Subscriber may not use or permit others to use the Service to engage in UBE. The Subscriber may not host, or permit hosting of, sites or information that is advertised by UBE from other networks. In addition, the Subscriber may not transmit bulk email through remote SOCKS, HTTP or other similar proxies which in turn make a SMTP connection to the destination mail servers. In order to prevent unnecessary blacklisting due to spam, the Company reserves the right to occasionally sample bulk email being sent from the Service.

  8. Inappropriate Material: The Subscriber may not use their Service to publish or host anything which the Company determines, at its sole discretion, to be unlawful, indecent or objectionable.
  9. Obtaining unauthorised service: The Subscriber may not take any action in order to obtain service from the Company to which the Subscriber is not entitled.
  10. Threats: The Subscriber may not use the Service in connection with anything that threatens, including but not limited to, encouraging bodily harm, destruction of property or discrimination.
  11. Harassment, alarm or distress: The Subscriber may not use the Service in connection with anything that causes harassment, alarm or distress to a person or organisation.
  12. Fraudulent activity: The Subscriber may not use the Service to make fraudulent offers to buy or sell products, items, or services, or to be involved in any type of scam, including, but not limited to "pyramid schemes", "ponzi schemes", and "chain letters".
  13. Forgery or impersonation: The Subscriber may not add, remove or modify identifying header information in an effort to deceive or mislead. The Subscriber may not attempt to impersonate any person or organisation by using forged headers or other identifying information.
  14. Impeding third party access: The Subscriber may not impede another person or organisation's use of the Internet, or the Company's operations, howsoever caused.
  15. Community spamming: The Subscriber may not post messages or advertisements which violate the rules, regulations, FAQ or charter of any community, website or other Internet service, including, but not limited to, newsgroups, mailing lists and social networks.
  16. Unauthorised access: The Subscriber may not use the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, probe, scan or test the vulnerability of a system or network, security measures of the Company's or another entity's computer software or hardware, an electronic communications system, or telecommunications system, whether or not the intrusion is successful results in the corruption or loss of data.
  17. Unauthorised access: The Subscriber may not use the Service to access, or to attempt to access, anything to which they are not authorised. This includes, but is not limited to penetration, attempted penetratration, probing, scanning or testing the vulnerability of a system or network.
  18. Copyright or trademark infringement: The Subscriber may not use the Service to distribute, transmit, host or access any material that infringes any copyright, trademark, patent, trade secret, intellectual property right or other proprietary rights of any third party, including, but not limited to, the unauthorised copying and/or distribution of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised distrubution of copyrighted software, movies, music, etc.
  19. Collection of personal data: The Subscriber may not use the Service to collect, or attempt to collect, personal information about third parties or organisations without their knowledge and consent.
  20. Network disruptions and unfriendly activity: The Subscriber may not use the Service for any activity which affects the ability of other people, organisations, companies or systems to use the Company's services or the Internet. This includes, but is not limited to Denial Of Service ("DoS"), or Distributed Denial of Service ("DDOS") attacks against another service on the Internet.
  21. Fraud: The Subscriber may not make a deliberate misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  22. Distribution Of Malicious Software: The Subscriber may not distribute or host malicious software, including, but not limited to viruses, malware, worms, trojan horses, ransomware, spyware, adware and scareware.
  23. Automated repeated connections: The Subscriber may not use the Service to facilitate a continued connection or automated repeated connections, including, but not limited to, pinging or otherwise monitoring a remote server's uptime, without the receiving party's consent.
  24. Internet Relay Chat ("IRC"): The Subscriber may not use the Service for anything related to IRC, unless prior written consent has been given by the Company.
  25. Unauthorised access: The Subscriber may not use the Service to access, or attempt to access, anything to which they are not authorised. This includes, but is not limited to, accessing data not intended for the Subscriber, logging into or making use of a server or account which the Subscriber is not expressly authorised to access, and probing the security of other networks or systems. Use, hosting or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools and network probing tools.

Service Level Agreement

Definitions

"Company's Network" The infrstructure (routers, switches, cabling and other equipment) located within the Company's autonomous system (AS39332) responsible for connecting the equipment hosted by the Company to External Networks.
"External Networks" Refers to network(s) not part of the Company; "The Internet".
"Availability" The percentage of time the Company's network is contactable from External Networks over a calendar month, subject to Clause X.
"Quality" Refers to two values: Latency and packet loss within the Company's network.
"Packet loss" The number of packets (as a percentage) that do not reach their destination within the Company's network over a calendar month.
"Scheduled Maintenance" Maintenance required for the continued provision of service, which includes, but is not limited to: equipment upgrades, software upgrades, cabling changes, etc. Wherever possible, the Company aims to schedule no more than 1 maintenance session per week, and will endeavor to perform said maintenance between the hours of 2300 and 0800 (UK time), however in unusual or emergency situations this may not be possible.
"Downtime" A period of time when a portion or the entirty of the Company's network is unavailable, and the Client is not provided with the Service, excluding scheduled maintenance as defined above. This also excludes any outage defined in the 'Exclusions' section below.
"Calendar Month" One month, from start to finish. For the avoidance of doudbt, a month shall be defined as having 30 days.

Applicable Services

  • Linux VPS
  • Windows VPS
  • Web Hosting
  • Reseller Web Hosting Services

Availability Guarantee

The Company guarantees that the Service, providing it is covered by this SLA, shall be available equal to or higher than 99.99% in any Calendar Month, subject to the exclusions as defined below. If the Company fails to meet this guarantee, a credit shall be available to the Client as defined below.

Exclusions

No SLA shall apply for downtime or performance degradation under the following circumstances:

  • Anything not caused by the Comapny or outside of the Company's control, including, but not limited to, faults or negligence of the Client, problems associated with equipment connected on the Client's side of the Company's delivery point, routing or other faults caused by intermediary or external networks.
  • A breach of the Agreement resulting in restriction and/or suspension of the Service.
  • A report by The Client in which no fault is observed or confirmed by ServerForce.
  • When ServerForce's staff cannot have access to The Client's equipment, when requested, for the purpose of investigating the problem and restoring the service, in such cases where ServerForce manages The Client's equipment on behalf of The Client.
  • Scheduled maintenance
  • Denial Of Service ("DoS") or Distributed Denian of Service ("DDoS") attacks or other unlawful activity generated by or executed against the Subscriber's equipment.
  • In such circumstances where the Service is online but inaccessible, including, but not limited to, lost passwords or keys.
  • The Company has not been notified within 6 hours of the incident beginning.
  • The Subscriber cannot provide evidence to substantiate the duration of the downtime.
  • For unmanaged services, no credit applies if the downtime relates to an issue that the Subscriber is in control of, including, but not limited to, a web server, database server, or email server.
  • Force Majeure

Service credits

Subject to the exclusions above, if the Subscriber is unable to access their Service for more than 4.38 minutes in any given calendar month, the Company shall, upon request, credit the Subscriber's billing account with the value of 1 day's Service per 30 minutes that the Service is unavailable, up to a maximum cumulative 60 days credit in any one calendar month. The credit applies only to the affected Service(s), and is only available as an internal credit against future invoices. No refund is available.

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