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Service Level Agreement -- Uptime Guarantee The Service Level Agreement (SLA) covers certain aspects of our Signature Hosting, FreeBSD and Solaris Virtual Private Server (VPS) hosting accounts. Our goal is to achieve 100% Web site availability for all customers. The SLA serves to provide you confidence and assurance that we stand behind our hosting accounts.In the event that one of your Signature or VPS hosting accounts falls below 99.9% Web site availability you may request a credit per the terms and conditions of the SLA. To request a credit you must visit the specific account's Account Details page of the Account Information Interface in the Reseller Backroom. Requests for credits must be received by Stony Knoll within ten (10) days after the incident for which the review is being requested. If the unavailability is confirmed by Stony Knoll, a credit will be applied within two (2) weeks. Credits are not refundable and can only be used for current or future charges. Complete terms and conditions of SLA can be found below.
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1. Coverage; Definitions
This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following Unix hosting account services from Stony Knoll (the "Services") and your account is current (i.e., not past due) with Stony Knoll: Shared Web Hosting Plans (Bronze, Silver, Gold, Platinum, High Volume), E-Commerce Plans (Cyberstand, e-Vendor or Marketplace), Signature Hosting or Virtual Private Servers (FreeDSD or Solaris). 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 through HTTP and HTTPS, as measured by Stony Knoll.
2. Service Level
1 Goal: Stony Knoll's goal is to achieve 100% Web Site Availability for all customers. 2 Remedy: Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, Stony Knoll 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:
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:
1 circumstances beyond Stony Knoll'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; 2 failure of access circuits to the Stony Knoll Network, unless such failure is caused solely by Stony Knoll; 3 scheduled maintenance and emergency maintenance and upgrades; 4 DNS issues outside the direct control of Stony Knoll; 5 issues with FTP, POP, IMAP, or SMTP customer access; 6 false SLA breaches reported as a result of outages or errors of any Stony Knoll measurement system; 7 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 Stony Knoll's Terms and Conditions and Acceptable Use Policy; 8 e-mail or webmail delivery and transmission; 9 DNS (Domain Name Server) Propagation. 10 outages elsewhere on the Internet that hinder access to your account. Stony Knoll is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Stony Knoll will guarantee only those areas considered under the control of Stony Knoll: Stony Knoll server links to the Internet, Stony Knoll's routers, and Stony Knoll's servers.
4. Credit Request and Payment Procedures
To request a credit for Signature or VPS accounts, the customer must login to the specific account's Account Details page of the Account Information Interface in the Reseller Backroom. 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 Stony Knoll within ten (10) business days after the customer's Web Site was not available. If the unavailability is confirmed by Stony Knoll, credits will be applied within two billing cycles after Stony Knoll's 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 for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Stony Knoll 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.
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