XenServer SLA

Web Site Availability Service Level Agreement

This Web Site Availability Service Level Agreement applies to YOU if YOU are in good financial standing with Our Internet.

Our Internet endeavors to have the content of YOUR web site available for access by third parties 99.9% of the time (“Web Site Availability”).

In the event that there is no Web Site Availability, Our Internet will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:

Uptime of 99% to 99.98% provides a 10% credit

Uptime of 98.5% to 98.999% provides a 25% credit

Uptime of 98% to 98.499% provides a 50% credit

Uptime of 97.001% to 97.999% provides a 75% credit

Uptime of 97% or below provides a 100% credit

In order for YOU to receive a credit on YOUR account, YOU must request such credit within ten (10) business days after YOU experienced no Web Site Availability. YOU must request credit by sending a ticket via http://helpdesk.ourinternet.us/.

For security, the body of this message must contain YOUR account number as shown on YOUR invoices, the dates and times of the unavailability of YOUR web site, and such other customer identification requested by Our Internet. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to your account shall be YOUR sole and exclusive remedy in the event that there is no Web Site Availability.

Limitations

1. HSphere control panel services, which will often be taken offline during maintenance windows, and scheduled maintenance are explicitly exempt from credit
2. Accounts, services, or sites that are in breach of our TOS/AUP whether intentional or by accident are exempt from credit 
3. Website availability due to coding issues whether intentional or by accident are exempt from credit
4. Attacks to individual sites, accounts, and services whether intentional or by accident are exempt from credit to the account holder
5. Reseller account credits are based solely on the accounts affected by the outage

 

RESTRICTIONS

Credits shall not be provided to YOU in the event that YOU have no Web Site Availability resulting from
(i) scheduled maintenance, (ii) YOUR behavior or the performance or failure of YOUR equipment, facilities or applications, or (iii) circumstances beyond Our Internet's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of YOUR Web Site.