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| ASP.NET Web hosting, ASP.NET 1.1 and 2.0 Hosting, and SQL Server Hosting |
1. Coverage; Definitions
This Web Site Availability Service Level Agreement (SLA) applies to you
("customer") if you have ordered any of the following Windows 2000 hosting
account services from Empire Data Technologies (the "Services") and your
account is current (i.e., not past due) with EDTHosting: Windows 2000 Shared
Web Hosting Plans (Budget, Standard, Advanced, Premier or a custom plan
(Custom) or Virtual Private Server (VPS). 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 and HTTPS, as measured
by EDTHosting.
2. Service Level
a. Goal:
EDTHosting's goal is to foster an environment that supports 100% Web Site
Availability for all customers.
b. Remedy: Subject to Sections 3 and 4 below, if the Web Site
Availability of customer's Web site is less than 100%, EDTHosting will issue a
credit to customer in accordance with the schedule below, with the credit being
calculated on the basis of the monthly service charge for the affected
Services:
| Web Site Availability |
Credit Percentage |
| 99.99 to 100% |
0% |
| 99.9% to 99.98% |
5% |
| 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:
a. circumstances beyond EDT'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;
b. failure of access circuits to the EDTHosting's servers;
c. scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of EDTHosting;
e. issues with FTP, POP, or SMTP customer access;
f. false SLA breaches reported as a result of outages or errors of any
EDTHosting measurement system;
g. 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 EDTHosting's Usage Policy, User Agreement
and Spamming Policy;
h. e-mail or webmail delivery and transmission;
i. DNS (Domain Name Server) Propagation.
j. Outages elsewhere on the Internet that hinder access to your account.
EDTHosting is not responsible for browser or DNS caching that may make your
site appear inaccessible when others can still access it. EDTHosting will
guarantee only those areas considered under the control of EDTHosting:
EDTHosting's server links to the Internet, EDTHosting's routers, and
EDTHosting's servers.
4. Credit Request and Payment Procedures
To receive a credit, the customer must make a request therefore by sending an
e-mail message to servicelevel@edthosting.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 customer's name (per EDTHosting's
Billing Information) and the dates and times of the unavailability of
customer's Web site and must be received by EDTHosting within ten (10) business
days after the customer's Web Site was not available. If the unavailability is
confirmed by EDTHosting, credits will be applied within two billing cycles
after EDTHosting'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 EDTHosting 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. Note: Credits are not
refundable and can be used only towards future billing charges.
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