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Web Hosting Service Level Agreement

Service Level Agreement (SLA)

Hardware
All hardware components leased to the client, as described in the Server Lease Agreement, are guaranteed against failure. In the event any component fails, 1-800-HOSTING guarantees to replace or repair the faulty component and bring the server back online within two (2) hours from the time the faulty component is identified. If 1-800-HOSTING fails to bring the server back online within two (2) hours of identification of the failure, credit towards future services will be issued to the customer for twenty five (25) times the actual downtime. Credit will be calculated based on the customer's current monthly lease rate and will not exceed one (1) full month of credit using the formula: total minutes outage, divided by the total monthly lease rate (in cost per minute), times twenty five (25). Co-location customers are ineligible for the hardware clause of this SLA.

Software
Please be advised that any 3rd party applications installed on Managed Servers, may require 3rd party support. This may be in the form of "per incident support" or a "support contract". Any additional cost to support 3rd party applications will be the responsibility of you, the client.

Network
The 1-800-HOSTING network is engineered to deliver the highest level of network uptime and availability. 1-800-HOSTING guarantees a network uptime of 100%. Network downtime is defined as 100% packet loss occurring in the transmission of data (packets) from the customers leased server(s), hosted on-site in the 1-800-HOSTING Data Center, to the Internet backbone. In the event network uptime is not 100%, credit towards future services will be issued to the customer for twenty five (25) times the actual downtime exceeding the allowance. Credit will be calculated based on the customer's current monthly lease rate, and will not exceed one (1) full month of credit, using the formula: total minutes outage, divided by the total monthly lease rate (in cost per minute), times twenty five (25). Any suspected downtime must be reported to a 1-800-HOSTING via email and must be verified by at least two (2) trace routes from independent locations. Downtime will be measured from the time the outage is reported to a 1-800-HOSTING technician, to the time the server is able to transmit and receive data again.


Managed Hosting Additional Services Uptime Guarantee (ASUG)

1-800-HOSTING Managed Hosting customers are eligible for accelerated support and response times as defined below.

Definition
Service outages include the availability of HTTP, POP3, SMTP, FTP, SSL, and DNS as currently configured for the customer. Downtime is defined as a primary service outage with a minimum duration of ten (10) minutes. The service must be inaccessible by the client via standard Internet utilities attempting to access the 1-800-HOSTING network through the internet backbone and the service must be in a non-operable state on the server.

Response
Primary services (as defined above) are guaranteed to be returned to an available state within one (1) hour of identification and confirmation of the outage by a 1-800-HOSTING technician.

Credit
In the event of a service outage exceeding one (1) hour, upon request by customer to billing@800hosting.com , credit will be issued to the customer for twenty five (25) times the actual downtime exceeding the allowance. Credit will be calculated based on the customer's current monthly lease rate, and will not exceed one (1) full month of credit per calendar month using the following formula: total minutes outage, divided by the total monthly lease rate (in cost per minute), times twenty five (25). Credits are provided at months ends unless otherwise approved by management.

Backup
Customer understands that if Network Backup Service is not purchased or included, 1-800- HOSTING assumes no responsibility for the data that resides on any server. In addition, the data will not be backed up at all by 1-800-HOSTING and could potentially be lost if there is a hardware or similar type of failure. In no event shall 1-800-HOSTING be liable for damages resulting from loss of data, profits or for any incidental or consequential damages, even if advised of the possibility of such damage.

Limitations
Only 1-800-HOSTING Managed Hosting customers will qualify for the 'Managed Hosting Services Uptime Guarantee' as defined above. This guarantee does not apply to inaccessibility of services due to any network hardware, services, or other Internet utilities outside of the 1-800-HOSTING network, including those utilities or network services used by the customer to access the internet. Third party monitoring systems will not be considered as valid proof of an outage without supporting confirmation by the 1-800-HOSTING technical staff. This guarantee does not include incidents involving the malicious activities of third parties not bound by the Server Lease Agreement. In the event of a hardware failure the response time may be extended by an additional one (1) hour that will allow adequate time for hardware replacement or repair. Any suspected service outage must be reported to a 1-800-HOSTING technician and verified by at least two (2) trace routes from independent locations. Downtime will be measured from the time the service outage is reported to a 1-800-HOSTING technician, to the time the service is responsive again. Customers must notify 1-800-HOSTING within five (5) business days of the service outage. Delinquent customers are not eligible for any provisions contained within this SLA. Any client who chooses not to have their server monitored by our monitoring system or limits our monitoring systems ability to connect to their server will not be eligible for any of the provisions contained within the Network section of the 1-800-HOSTING SLA. Customers must notify 1-800-HOSTING within five (5) business days of the outage.

Exclusive Venue
This (SLA) Service Level Agreement has been made and will be construed in accordance with the laws of the state of Texas, USA. Exclusive venue and jurisdiction for any and all legal remedies arising out of or related to this agreement shall be in Dallas County, Dallas, Texas, USA. Each party irrevocably consents to the foregoing jurisdiction and venue requirements and waives any and all objections to such requirements.