 Coverage - Definitions
This Server Availability Service Level Agreement (SLA) applies to you
("customer") if you have ordered any services from Commit1 (the
"Services") and your account is current (i.e., not past due) with
Commit1: Virtual Servers, or Dedicated Servers. As used herein, the term
"Server Availability" means the percentage of a particular month (based
on 24-hour days for the number of days in the subject month) that the
customer's Server is available for access by third parties via the
internet, as measured by Commit1.
Service Level
- Goal:
Commit1's goal is to achieve 100% Server Availability for all customers.
- Remedy:
Subject to Sections 3 and 4 below, if the Server Availability of
customer's Server is less than 100%, Commit1 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:
Server Availability |
Credit Percentage |
Below 99% |
50% |
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Exceptions
Customer shall not receive any credits under this SLA in connection
with any failure or deficiency of Server Availability caused by or
associated with:
- Circumstances
beyond Commit1'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;
- Failure of access circuits to the Commit1 Network, unless such failure is caused solely
by Commit1;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Commit1;
- issues with FTP, POP, IMAP, or SMTP customer access;
- False SLA breaches reported as a result of outages or errors of any Commit1 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., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct,
or use of the Services in breach of Commit1's Terms and Conditions and Acceptable Use Policy;
- E-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation.
- Outages
elsewhere on the Internet that hinder access to your account. Commit1 is
not responsible for browser or DNS caching that may make your site
appear inaccessible when others can still access it. Commit1 will
guarantee only those areas considered under the control of Commit1: Commit1
server links to the Internet, Commit1's routers, and Commit1's
servers.
Credit Request and Payment Procedures
In order to receive a credit, customer must make a request therefor by sending
an email message to Billing@Commit1.com .
Each request in connection with this SLA must include customer's
account number (per Commit1's invoice) and the dates and times of the
unavailability of customer's Server and must be received by Commit1
within ten (10) business days after customer's Server was not
available. If the unavailability is confirmed by Commit1, credits will be
applied within two billing cycles after Commit1's receipt of customer's
credit request.
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 Commit1 and are customer's sole and exclusive remedy with respect to
any failure or deficiency in the Server Availability of customer's
Server. |
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