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1. Coverage;
Definitions
This Web Site Availability Service Level Agreement (SLA)
applies to you ("customer") if you have ordered
any hosting account services from Altronics Communications
(the "Services") and your account is current (i.e.,
not past due) with Altronics Communications. 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
and HTTPS, as measured by Altronics Communications.
2. Service Level
Goal:
Altronics Communications' goal is to achieve 100% Web Site
Availability for all customers.
Remedy:
Subject to Sections 3 and 4 below, if the Web Site Availability
of customer's Web site is less than 100% in any given
month, Altronics Communications will issue a credit to
customer in accordance with the following schedule, with
the credit being calculated on the basis of the yearly
service charge for the affected Services divided by 12:
| Web Site Availability |
 |
Credit Percentage |
| 99.9 to 100% |
|
0% |
| 98% to 99.8% |
|
10% |
| 95% to 97.9% |
|
25% |
| 90% to 94.9% |
|
50% |
| 89.9% 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:
- circumstances beyond Altronics Communications' reasonable
control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, armed conflict, embargo,
fire, flood, strike or other labor disturbance, interruption
of or delay in transportation, unavailability of or interruption
or delay in telecommunications or third party services,
virus attacks or hackers, failure of third party software
(including, without limitation, ecommerce software, payment
gateways, chat, statistics or free scripts) or inability
to obtain raw materials, supplies, or power used in or equipment
needed for provision of this SLA;
- failure of access circuits to the Altronics Communications
Network, unless such failure is caused solely by Altronics
Communications;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Altronics Communications;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or
errors of any Altronics Communications measurement system;
- 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, ASP, etc), any negligence, willful misconduct, or
use of the Services in breach of Altronics Communications'
Terms and Conditions and Acceptable Use Policy;
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation.
- outages elsewhere on the Internet that hinder access to
your account.
- Altronics Communications is not responsible for browser
or DNS caching that may make your site appear inaccessible
when others can still access it.
- Altronics Communications will guarantee only those areas
considered under the control of Altronics Communications:
Altronics Communications server links to the Internet, Altronics
Communications' routers, and Altronics Communications' servers.
4. Credit Request and Payment Procedures
To receive a credit for a Shared hosting account, the customer
must make a request therefore by sending an e-mail message
to creditrequest@altronicscom.com. The e-mail message MUST
include the domain name of the customer's account in the "Subject"
line. Each request in connection with this SLA must include
the dates and times of the unavailability of customer's Web
site and must be received by Altronics Communications within
ten (10) business days after the customer's Web Site was
not available. If the unavailability is confirmed by Altronics
Communications, credits will be applied within six weeks
after Altronics Communications' receipt of the customer's
credit request. Credits are not refundable and can be used
only towards future billing charges.
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 (yearly fee / 12) for the affected
Services. Credits are exclusive of any applicable taxes charged
to customer or collected by Altronics Communications 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.
Note: Credits are not refundable and can be used only towards
future billing charges.
Revised: 5/24/2003 |
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