Hosting Service Terms
Last Updated: November 11th, 2023
These Hosting Service Terms, in conjunction with the Felware Client Service Agreement (the "Client Service Agreement"), apply exclusively to the specific Felware Services purchased by the Customer either (a) via the execution of an Order Form, (b) through the Customer's Account using the Felware Portal, or (c) through a Felware Partner. In the event of a discrepancy between these Hosting Service Terms and the Client Service Agreement, the provisions of these Hosting Service Terms will prevail, but only to the extent of such discrepancy. Capitalized terms not otherwise defined here shall take on the meanings ascribed to them in the Client Service Agreement. Felware reserves the right to modify, update, or discontinue any aspect or feature of a Felware Service in whole or in part. While specific roles and responsibilities are designated as belonging to either You or Felware, any roles or responsibilities not explicitly outlined in these Hosting Service Terms or provided in the Client Service Agreement are either not included with the Felware Services or are assumed to be Your responsibility.
Service Terms
General
- Aside from the elements provided by Felware, Felware does not engage in the management of information, data, files, systems, applications, websites, or other items (collectively referred to as "Content Data") that are replicated, hosted, gathered, stored, transmitted, distributed, published, and generally used and/or operated by the Customer within the framework of the Felware Services. Felware is prohibited from accessing this Content Data for any reason other than as required for the delivery of the Felware Services.
- For security purposes, Felware reserves the right to immediately suspend, without notice, any Felware Service hosting a public service Proxy, IRC, VPN, or TOR, whether offered free or for a fee, if Felware becomes aware of its fraudulent or unlawful misuse.
- Considering that network resources supplied to the Customer are shared, the Customer commits not to use the Felware Services in a way harmful to other Felware customers. Specifically, the Customer promises not to excessively use the public bandwidth. In such cases, Felware retains the right to limit this bandwidth. Customers may opt to subscribe to additional bandwidth options to ensure unrestricted use of guaranteed public bandwidth.
- The Customer is the sole administrator of the Felware Service(s), affirming possession of the essential technical knowledge for the proper management of the resources supplied by Felware.
- To access the Portal or any other management interface offered by Felware and utilize Felware Services, the Customer must have an internet connection, for which they are solely responsible, especially regarding its availability, reliability, and security.
- Felware holds the right to interrupt the Felware Services to carry out technical interventions aimed at enhancing the operation of the Felware Services.
Service Provisioning
- Felware will provide the following provisioning services for the Dedicated Servers, Virtual Private Servers (VPS), Public Cloud Services, and Hosted Private Cloud (collectively referred to as the "Base Products"):
- Implementing compute, storage, and networking (inclusive of physical servers, storage, and network devices) specific to the selected Base Products.
- Supplying initial network resources, including default public IP addresses
- As a customer, your responsibilities for provisioning services will include:
- The installation and configuration of custom or third-party applications, distributions, and operating systems.
- The creation of user accounts and modification of default system preferences as necessary.
- Felware will provide the following provisioning services for the Dedicated Servers, Virtual Private Servers (VPS), Public Cloud Services, and Hosted Private Cloud (collectively referred to as the "Base Products"):
Security
- Responsibility for comprehensive security is jointly held between Felware and You. Felware will ensure security for aspects of the Felware Services over which it has exclusive physical, logical, and administrative level access or control. The primary areas of responsibility between Felware and You are delineated below. Felware will exert commercially reasonable efforts to provide:
- Physical Security: Felware Services are hosted in cutting-edge data center facilities with the following controls at the physical layer in the data centers:
- Equipment Location: Felware operates specifically in the United States. Our team determines each data center site's location, ensuring each site maintains appropriate measures and countermeasures.
- Felware Data Centers: Felware constructs and operates its own data centers, staffing it with adequate facility and security personnel.
- Information Security: Felware will safeguard the information systems used to deliver the Felware Services for which Felware has sole administrative control.
- Network Security: Felware will guard the network containing Felware's information systems up to where You have control, permission, or access to alter the networks.
- Security Monitoring: Felware will supervise security events involving the infrastructure, servers, storage, networks, and information systems used in delivering Felware Services over which Felware holds exclusive administrative control.
- Patching and Vulnerability Management: Felware will sustain the systems it uses to provide Felware Services, including applying patches deemed critical. Routine vulnerability scans will identify critical risk areas, which will be addressed promptly.
- Your responsibilities include:
- Information Security: Ensuring adequate protection of the information systems, data, content, or applications that You deploy and/or access on Felware Services. This encompasses patching, security fixes, data encryption, access controls, and roles and permissions for all your users.
- Security Monitoring: Handling the detection, classification, and remediation of all security events within Your instance(s), associated with any VMs, operating systems, applications, data, or content surfaced through vulnerability tools.
- Network Security: Managing the security of the network over which You have administrative control, including maintaining effective firewall rules and ensuring only necessary communication ports are exposed.
- Responsibility for comprehensive security is jointly held between Felware and You. Felware will ensure security for aspects of the Felware Services over which it has exclusive physical, logical, and administrative level access or control. The primary areas of responsibility between Felware and You are delineated below. Felware will exert commercially reasonable efforts to provide:
Protection Against Cyber attacks
- Felware will employ commercially reasonable measures to guard against DOS and DDOS-type hacking attempts, provided that such attacks are deemed by Felware to be of a severity that warrants such protection. These protective measures will not extend for attacks involving SQL injection, brute-force tactics, exploitation of security vulnerabilities, or similar types of attacks. Due to the complex nature of potential DOS or DDOS attacks, Felware will utilize varying levels of traffic protection to safeguard both its infrastructure and the services it provides.
- Mitigation measures will only be activated after Felware's tools have detected an ongoing attack. Prior to this, the affected Felware Service will bear the brunt of the attack, potentially leading to service unavailability. Once an attack is detected and mitigation is automatically triggered, the mitigation measures will remain in place until the attack has concluded (known as the "Mitigation Period"). During this period, access to Felware Services may be suspended or restricted.
- Should the cyberattack continue to compromise the integrity of both Felware and the Customer's infrastructures despite the activation of mitigation measures, Felware will implement stronger protective protocols, which may result in reduced service quality or even temporary unavailability of Felware Services.
- It is possible that some attack traffic may go undetected by Felware's monitoring systems, thus negatively impacting the service provided to the Customer. The efficacy of the mitigation measures is also influenced by the configuration of the Felware Services. Therefore, the Customer bears the responsibility for having the requisite skills to effectively manage and administer these services.
- Activation of mitigation measures does not absolve the Customer from the responsibility of ensuring the security of the Felware Service in use. This includes the installation of security tools like firewalls, regular system updates, data backups, and continuous security monitoring of their software components (e.g., scripts, codes).
Incident Management
- Felware will deliver incident management services (e.g., detection, severity classification, recording, escalation, and return to service) relating to:
- Infrastructure over which Felware holds direct administrative and/or physical access and control, such as servers, storage, and network devices.
- Service software over which Felware has direct administrative access and control, including the Control Panel, management services required to support your environment, and other applications that Felware utilizes in the delivery of Felware Services.
- You hold responsibility for incident management (e.g., detection, severity classification, recording, escalation, and return to service) related to:
- Services you have deployed within the infrastructure allotted to you, such as VMs, private clouds, and any virtualized infrastructure deployed to support the Felware Services.
- Performance of user-deployed VMs, custom or third-party applications, your databases, operating systems imported or customized by you, or other assets deployed and administered by you that are unrelated to Felware platforms.
- Operating system administration including the operating system itself or any features or components contained within it.
- Configuration of the Felware Services as it relates to your consumption of the Felware Services, such as local backup configurations, firewall configurations, virtual network configuration.
- Felware will deliver incident management services (e.g., detection, severity classification, recording, escalation, and return to service) relating to:
Change Management
- Felware will uphold the following change management components for Felware's infrastructure that supports you:
- Processes and procedures to sustain the health and availability of the management tools and Felware delivery platform.
- Processes and procedures to release code versions, hot fixes, and service packs related to the Portal and all supporting tools/platforms.
- Your responsibilities include:
- Managing changes to your VMs, operating systems, custom or third-party applications, databases, and administration of general network changes within your control.
- Administering self-service features provided through the Control Panel up to the highest permission levels granted to you, including but not limited to VMs and network functions, backup administration, user configuration and role management, and general account management.
- Felware will uphold the following change management components for Felware's infrastructure that supports you:
Dedicated Servers
- Service Description
- "Dedicated Server" is a bare metal server that Felware makes available to the Customer for rent on a monthly basis (referred to as the "Service(s)" in this Section 2). The fees, features, and basic hardware and software configurations are described and available online via the Felware website.
- Customer Obligations
- The Service(s) do not come with any pre-installed distribution (or operating system). Customers are solely responsible for selecting and installing the distribution. It is the Customer's duty to obtain the necessary rights to use the selected distribution from a publisher, an authorized third party, or Felware, if applicable. The Customer is also solely responsible for all maintenance operations in reference to the Service(s), including updates and upgrades to the installed distribution.
- Felware Obligations
- In the context of maintenance operations, Felware may replace a component to keep the Service(s) operational. In such cases, Felware will replace the component with a new or refurbished one that is identical or has equivalent features. However, the compatibility of substitute components with the content installed by the Customer cannot be guaranteed.
- Felware reserves the right to modify, update, or upgrade the Service(s) or the Host Server. Customers will be given reasonable advance warning, except in urgent cases requiring immediate implementation. If the distribution update or upgrade is not performed following Felware's requests, the connection of the Service(s) to the network may be interrupted.
- Customized Dedicated Servers
- Customers may request upgrades to their Dedicated Servers by submitting a request to the Felware Portal or, where applicable, their Felware account representative.
- Felware offers certain disk, GPU and Memory Dedicated Servers as detailed on the Felware website ("Upgrades"). The types and availability of Upgrades are subject to change, and their availability cannot be guaranteed. Costs for each Upgrade will be communicated to the Customer at the time of purchase.
- Any Upgrade installed on a Dedicated Server cannot be removed by the Customer for any reason. The installation of an Upgrade may result in downtime.
- Service Description