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myhosting.com Service Level Agreement (“SLA”)

Version 2.3 - Effective Date: June 15, 2013

 

The following terms and conditions of this Service Level Agreement (“SLA”), as amended from time-to-time, apply only to the Hosting Services purchased by a Customer (the “Customer”) and provides under certain circumstances as specified hereunder, that Customer will be entitled to receive a service credit (the “Hosting Services Credit”) with respect to the availability of the services (“Service Availability”) purchased by Customer. The Hosting Services covered by this SLA are: Hosted Microsoft Exchange, Microsoft SharePoint, BlackBerry Enterprise Server, Linux Web Hosting, Windows Web Hosting, and VPS Hosting.

 

All Hosting Service credits are subject to the terms and conditions of: (i) the Service Agreement, (ii) myhosting.com’s Acceptable Use Policy, (iii) Microsoft EULA, (iv) VPS Support Policy, and (v) this SLA.

 

Covered Services

 

myhosting.com provides an Uptime Guarantee (the “Uptime Guarantee”) for these Hosting Services, calculated on a monthly basis, provided Customer (i) is in good financial standing with myhosting.com (i.e., is not delinquent in payments, and has not otherwise breached any of its obligations to myhosting.com), and (ii) requests the Hosting Service Credit (as defined below) from myhosting.com for its noncompliance with the Uptime Guarantee in writing within ten (10) days of the suspected noncompliance event.

 

Service Availability Monitoring

 

myhosting.com monitors its servers and the Hosting Services as a whole but does not monitor individual mailbox, mobile device, webspace, VPS or Virtual Machine availability. To verify Hosted Microsoft Exchange Service Availability, myhosting.com uses a combination of methods including but not limited to POP3, IMAP4, inbound and outbound SMTP, Exchange HTTP access availability and internal mail flow monitoring between anti-spam & anti-virus and Exchange servers. For other services including Web Hosting and VPS Hosting, myhosting.com verifies Service Availability using a combination of methods including host-level HTTP. These checks are run on predetermined intervals with specific failure thresholds with respect to the service being provided. If two or more consecutive tests fail, the lack of Service Availability will be noted as the number of minutes between the first and the last failed tests. Any unavailability less than five minutes in duration will not be recorded.

 

Exclusions

 

Downtime caused by any of the events noted below will be excluded from the Hosting Service availability calculations (“Excused Outages"):

 

  1. Customer environment issues affecting connectivity or interfering with the Hosting Services, including without limitation, Customer’s connection to the Internet (i.e., problems with the Customer’s Internet Service Provider, modem, cable, DSL or dial-up connection or other Customer Internet connectivity issues) or any other Customer software or equipment, Customer’s firewall software, hardware or security settings, Customer’s configuration of anti-virus software or anti-spyware or malware software, or operator error of Customer;
  2. third party attacks, including without limitation, hacks, intrusions, distributed denial-of-service attacks or any other third party actions intended to cause harm to or disrupt the Hosting Services, or myhosting.com’s or its partners’ servers;
  3. verified bugs of any third party software used in conjunction with the Hosting Services (including Microsoft and BlackBerry software);
  4. force majeure events, including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labor disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; or any other similar cause beyond the reasonable control of Myhosting.com;
  5. issues related to third party domain name system (DNS) or Domain Name registration errors or failures;
  6. issues related to unavailability of a specific website, webservice, web application, or remote connection for Customer’s end-users resulting from the Customer’s actions or third party actions when the service is otherwise deemed available by myhosting.com including but not limited to changes in configuration, scripts or connections;
  7. scheduled maintenance of the Hosting Services, conducted on a regular basis, of which myhosting.com will give Customer a minimum of 48 hours advanced notice by email or notification posted to the myhosting.com Control Panel; and
  8. emergency maintenance of the Hosting Services, not to exceed 4 hours in any month, for which Customer may not receive advanced notice.

 

Non-Compliance

 

In the event myhosting.com fails to meet the Uptime Guarantee regarding one or more of its Hosting Services (the "Affected Service(s)"), as verified by myhosting.com based on its monitoring logs (a “Service Outage"), Customer will be entitled to a credit for future Hosting Services of the same type as the Affected Services ( "Hosting Service Credits").

 

Hosting Service Credit Calculation

 

For each full 1% of downtime, of verified Service Outage in any calendar month (based on a 30-day month calculation), excluding downtime caused by an Excused Outage (an "Outage Unit"), Customer will receive a Hosting Service Credit equal to 1% of the monthly subscription fees paid by the Customer for the users impacted by the Affected Service. Should a Service Outage span more than one month, the calculation of Hosting Service Credits starts over at the beginning of each month.

 

Hosting Service Credits Payment

 

All Hosting Service Credits issued by myhosting.com are non-refundable and can only be applied toward the Customer’s future invoices up to a maximum of six (6) months from the date the Hosting Service Credit is issued. All unused Hosting Service Credits will automatically expire if not used within six (6) months of issuance.

 

Customer Service Response Times

 

myhosting.com will provide Customer with live technical support twenty‐four (24) hours per day every day of the year. All requests by Customer for technical support shall be submitted by Customer either in writing via email to support@myhosting.com or by telephone. myhosting.com will respond to all phone requests within 2 minutes and all email request within 1 hour.

 

Total Credit Limits

 

Hosting Service Credits will apply only to a Customer’s users directly affected by a Service Outage, and Hosting Service Credits may not exceed 100% of the total monthly subscription fees of the Affected Services, excluding applicable taxes. Hosting Service Credits will not be issued for any fraction of an Outage Unit and will not accrue or carry over from month to month. Notwithstanding anything set forth in this SLA, the Hosting Service Credit described herein shall be the sole and exclusive remedy of the Customer in connection with any outages, unavailability or breach by myhosting.com of this SLA.

 

How to Contact Us

 

Customer is solely responsible for reporting problems they have with our Services. Customer Care can be reached 24 hours a day, 7 days a week at the following:

 

Customer Portal: http://myhosting.com/help

Email Support: support@myhosting.com

Phone: 1-866-289-5091

 

 

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