1.
Coverage;
Definitions
This Web
Site
Availability
Service
Level
Agreement
(SLA)
applies to
you
("customer")
if you have
ordered any
of the
following
hosting
account
services
from 724
Internet
Solutions
(the
"Services")
and your
account is
current
(i.e., not
past due)
with 724
Internet
Solutions:
Shared Web
Hosting
Plans
(Virtual
Server) or
Virtual
Private
Servers. As
used herein,
the term
"Web Site
Availability"
means the
percentage
of a
particular
month (based
on 24-hour
days for the
number of
days in the
subject
month) that
the content
of
customer's
Web site is
available
for access
by third
parties via
HTTP, as
measured by
724 Internet
Solutions.
2.
Service
Level
a.
Goal:
724 Internet
Solutions
goal is to
achieve 100%
Web Site
Availability
for all
customers.
b.
Remedy:
Shared
Server
Services and
Stand Alone
dedicated
servers.
Subject to
Sections 3
and 4 below,
if the Web
Site
Availability
of
customer's
Web site is
less than
99.5% in any
month, 724
Internet
Solutions
will issue a
credit to
customer in
accordance
with the
following
schedule,
with the
credit being
calculated
on the basis
of the
monthly
service
charge for
the affected
Shared
Server or
Stand Alone
dedicated
server Services:
|
Web
Site
Availability |
Credit
Percentage |
|
99.5%
to
100% |
0% |
|
98%
to
99.4% |
25% |
|
95.1%
to
97.9% |
50% |
|
95%
or
below |
100% |
c.
Remedy:
Dedicated
Server
Services
running on
VM Ware
blade
servers.
Subject to
Sections 3
and 4 below,
if the Web
Site
Availability
of
customer's
Web site is
less than
99.8% in any
month, 724
Internet
Solutions
will issue a
credit to
customer in
accordance
with the
following
schedule,
with the
credit being
calculated
on the basis
of the
monthly
service
charge for
the affected
Dedicated
Server Services
running on
VM Ware
servers:
|
Web
Site
Availability |
Credit
Percentage |
|
99.8%
to
100% |
0% |
|
99%
to
99.7% |
25% |
|
97.1%
to
98.9% |
50% |
|
97%
or
below |
100% |
3.
Exceptions
Customer
shall not
receive any
credits
under this
SLA in
connection
with any
failure or
deficiency
of Web Site
Availability
caused by or
associated
with:
a.
circumstances
beyond 724
Internet
Solutions
reasonable
control,
including,
without
limitation,
acts of any
governmental
body, war,
insurrection,
sabotage,
armed
conflict,
embargo,
fire, flood,
strike,
terrorism or
other labor
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,
ecommerce
software,
payment
gateways,
chat,
statistics
or free
scripts) or
inability to
obtain
supplies, or
power used
in or
equipment
needed for
provision of
this SLA;
b.
attacks by
viruses or
hackers,
including
Distributed
Denial of
Service (dDoS)
attacks
against
724 Internet
Solutions
network.
c.
failure of
access
circuits to
the 724
Internet
Solutions
Internet
Network,
unless such
failure is
caused
solely by
724 Internet
Solutions
Internet;
d.
scheduled
maintenance
and system
upgrades, or
emergency
maintenance;
e.
DNS issues
outside the
direct
control of
724 Internet
Solutions
Internet;
f.
issues with
FTP, POP,
IMAP, or
SMTP
customer
access;
g.
false SLA
breaches
reported as
a result of
outages or
errors of
any 724
Internet
Solutions
Internet
measurement
system;
h.
customer's
acts or
omissions
(or acts or
omissions of
others
engaged or
authorized
by
customer),
including,
without
limitation,
custom
scripting or
coding
(e.g., CGI,
Perl, HTML,
etc), any
negligence,
willful
misconduct,
or use of
the Services
in breach of
724 Internet
Solutions
Internet's
Terms and
Conditions
and
Acceptable
Use Policy;
i.
e-mail or
webmail
delivery and
transmission;
j.
DNS (Domain
Name Server)
Propagation.
k.
outages
elsewhere on
the Internet
that hinder
access to
your
account. 724
Internet
Solutions
Internet is
not
responsible
for browser
or DNS
caching that
may make
your site
appear
inaccessible
when others
can still
access it.
724 Internet
Solutions
Internet
will
guarantee
only those
areas
considered
under the
control of
724 Internet
Solutions
Internet:
724 Internet
Solutions
Internet
server links
to the
Internet,
724 Internet
Solutions
Internet's
routers, and
724 Internet
Solutions
Internet's
servers.
l.
Outages
caused by
the customer
himself
through
accidental
or
intentional
harm to the
server. This
includes
harm to the
server
caused by
using remote
desktop to
access your
server
directly
with or
without the
intention of
upgrading or
installing
additional
software or
changing
settings on
the server.
724 Inc.
will not be
held liable
for any
event caused
by anyone
other then
the staff of
724 Inc.
4.
Credit
Request and
Payment
Procedures
In order to
receive a
credit,
customer
must make a
request for
credit by
email or fax
to 724
Internet
Solutions
Internet.
Each request
in
connection
with this
SLA must
include
customer's
account
number (per
724 Internet
Solutions
Internet's
invoice) and
the dates
and times of
the
unavailability
of
customer's
Web site and
must be
received by
724 Internet
Solutions
Internet
within ten
(10)
business
days after
customer's
Web Site was
not
available.
If the
unavailability
is confirmed
by 724
Internet
Solutions
Internet,
credits will
be applied
within two
billing
cycles after
724 Internet
Solutions
Internet's
receipt of
customer's
credit
request.
Notwithstanding
anything to
the contrary
herein, the
total amount
credited to
customer in
a particular
month under
this SLA
shall not
exceed the
total
hosting fee
paid by
customer for
such month
for the
affected
Services.
Credits are
exclusive of
any
applicable
taxes
charged to
customer or
collected by
724 Internet
Solutions
Internet and
are
customer's
sole and
exclusive
remedy with
respect to
any failure
or
deficiency
in the Web
Site
Availability
of
customer's
Web site.