Website / Server Availability SLA

NOTE: Printed and/or saved copies are for reference only. Please refer to http://www.ovwebsolutions.com/legal/website-server-availability-sla.php for the latest version.

Rev. 19APRIL2009-1

The Website Availability Service Level Agreement (SLA) applies to you ("Customer") if you have ordered any of the following Unix hosting account services from OV Web Solutions (the "Services") and your account is current (i.e., not past due) with OV Web Solutions.

• Reserved IP / Dedicated Web Hosting Plans (Business, Education & Non-Profit, E-Commerce, and Professional)
  
  
• As used herein, the term "Monthly Website Availability" means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.
  
  
• "Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
  
  
• "Downtime Period" means, for a domain, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
  
  

• Goal:
  
  Our goal is to achieve 100% Website and Server Availability for all customers. Our published service level agreement is 99.9%
  
  
• Remedy:
  
  Subject to sections c and d below, if the Website or Server Availability of customer's Website is less than 100%, OV Web 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 Services:
  
  

  Monthly Website 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%

  
  
• Exceptions
  
  Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Website or Server Availability caused by or associated with:
  
  
  • circumstances beyond OV Web Solutions reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, hurricane or other acts of God, 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 OV Web Solutions Network, unless such failure is caused solely by OV Web Solutions;
    
    
  • scheduled maintenance and emergency maintenance and upgrades;
    
    
  • DNS issues outside the direct control of OV Web Solutions;
    
    
  • issues with FTP, POP, IMAP, or SMTP customer access;
    
    
  • false SLA breaches reported as a result of outages or errors of any OV Web Solutions 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., PHP, CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of OV Web Solutions' Terms and Conditions and Acceptable Use Policy;
    
    
  • DNS (Domain Name Server) Propagation.
    
    
  • outages elsewhere on the Internet that hinder access to your account. OV Web Solutions is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. OV Web Solutions will guarantee only those areas considered under the control of OV Web Solutions: OV Web Solutions server links to the Internet, OV Web Solutions' routers, and OV Web Solutions' servers.
    
    
  • Customer Must Request Service Credit:
    
    In order to receive any of the Service Credits described above, customer must notify OV Web Solutions within thirty days from the time customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit.
    
    Please submit your request by sending an e-mail message to billing@ovwebsolutions.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 website.
    
    If the unavailability is confirmed by OV Web Solutions, credits will be applied within two billing cycles after OV Web Solutions' receipt of credit request.
    
    Note: Service Credits may not be exchanged for, or converted to monetary amounts.