This Service Level Agreement (SLA) applies to
you (the "customer") if you have ordered
any of the web hosting account services from Hosting Spot, Inc. (the "Services") and your
account is current (i.e., not past due) with Hosting Spot. 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 Hosting
Spot.
2.
Service Level
Goal: Hosting Spot's 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 the
customer's web site is less than 99.9% in any month, Hosting Spot will issue a credit to the customer
in accordance with the following schedule, with
the credit being calculated on the basis of the
monthly service charge for the affected Services:
Web Site Availability
Credit Percentage
99.9% to 100%
0%
95% to 99.8%
10%
90% to 94.9%
50%
89.9% or below
100%
Customer must immediately report
any outages to Hosting Spot by one of the following
methods: opening a Trouble Ticket from the Customer's
control panel, emailing support@hostingspot.net,
or by calling toll free 888-4MY-SPOT.
3.
Exemptions
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 Hosting Spot'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, 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;
Failure of access circuits to Hosting
Spot's network, unless such failure is caused
solely by Hosting Spot;
Scheduled maintenance and system upgrades
with at least 24 hours notice, occurring between
the hours of 1am and 4am Central Standard Time,
and lasting for less than 30 minutes;
DNS (Domain Name Server) Propagation;
DNS issues outside the direct control of Hosting Spot;
Issues with FTP, POP, IMAP, or SMTP customer
access;
E-mail or webmail delivery and transmission;
Outages elsewhere on the Internet that hinder
access to your account. Hosting Spot is
not responsible for browser or DNS caching that
may make your site appear inaccessible when
others can still access it. Hosting Spot
will guarantee only those areas considered under
the control of Hosting Spot: Hosting
Spot's server links to the Internet, Hosting
Spot's routers, and Hosting Spot's servers.
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 Hosting Spot's Terms
and Conditions;
False SLA breaches reported as a result of
outages or errors of any of Hosting Spot
measurement systems;
4.
Credit Request and Payment Procedures
In order to receive a credit,
customer must make a request for credit by email
(billing@hostingspot.net) or fax (877-253-3022)
to Hosting Spot. Each request in connection
with this SLA must include customer's account
number (per Hosting Spot's invoice) and the
dates and times of the unavailability of customer's
Web site and must be received by Hosting Spot
within ten (10) business days after customer's
web Site was not available. After the unavailability
is confirmed by Hosting Spot, credit will
be applied to the customer's account within one
billing cycle after Hosting Spot's receipt
of the 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.
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