This Service Level Agreement (SLA) applies to you (“customer”) if you have ordered any of the Web Hosting services from HostU.com (the “Services”) and your account is current (i.e., not past due) with HostU.com. As used herein, the term “Server 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 or Operating System (OS) is available for access by third parties via HTTP, HTTPS, Remote Desktop, Terminal Services and SSH, as measured by HostU.com.
The SLA does NOT cover Reseller hosting.
HostU.com’s goal is to achieve 100% Server and Network ailability for all customers.
Subject to below, if the Server Availability of customer’s Server is less than 100%, HostU.com 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 Services:
Server Availability Credit Percentage:
99.50 to 100.00% 0%
99.49% to 98.00% 10%
97.99% to 97.00% 25%
Less than 96.99% 50% Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Server Availability caused by or associated
- Circumstances beyond HostU.com’s 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 HostU.com, unless such failure is caused solely by HostU.com
- Scheduled maintenance and emergency maintenance and upgrades
- DNS issues outside the direct control of HostU.com
- Issues with FTP, POP, or SMTP customer access
- False SLA breaches reported as a result of outages or errors of any HostU.com 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 HostU.com’s 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. HostU.com is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.HostU.com will guarantee only those areas considered under the control of HostU.com. HostU.com server links to the Internet, HostU.com routers, and HostU.com servers.
Credit Request and Payment Procedures
In order to receive a credit, customer must make a request therefore by submitting a ticket to our billing department via email@example.com. Each request in connection with this SLA must include customer’s account number (per HostU.com invoice) and the dates and times of the unavailability of customer’s server and must be received by HostU.com within seven (7) business days after customer’s server was not available. If the unavailability is confirmed by HostU.com, credits will be applied on the next billing cycle after HostU.com receipt of 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 server fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by HostU.com and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Server Availability of customer’s server.
Credits are not refundable and can be used only towards future billing charges.