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 |
99.9% to 100% |
0% |
99% to 99.8% |
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.
