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8Hosting.com™
is proud to offer an exceptional level of performance, reliability, and
service. That is why we are making commitments to our customers in the form
of a Service Level Agreement (SLA) which provides certain rights and remedies
regarding the performance of the our network. Our Service Level Agreement
(SLA) guarantees our network/equipment reliability and performance. This
Service Level Agreement (SLA) applies to customers of 8Hosting.com™ web
hosting, reseller, dedicated server, co-location, e-commerce.
Uptime Guarantee:
8Hosting.com™ strives to maintain a 99.5% network and server uptime service
level. This uptime percentage is a monthly figure, and is is calculated
solely by 8Hosting.com™ data centre monitoring systems or 8Hosting.com™
authorized/contracted outside monitoring services. If 8Hosting.com™ fails to
meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions
below, credits will be made available to each client, upon request, on a case
by case basis. 8Hosting.com™ does not credit a full month's service for minor
downtime. This would not be financially healthy for 8Hosting.com™, and in
turn would only negatively affect the service level 8Hosting.com™ provides to
you. "Partial refunds for partial downtime" is our standard policy.
In extreme circumstances, 8Hosting.com™ may distribute full month credits,
but this is dealt with on a case by case basis. Details on how credit amounts
are calculated can be found below.
Exceptions:
Customer shall not receive any credits under this SLA in connection with any
failure or deficiency of the 8Hosting.com™ network caused by or associated
with:
- Circumstances
beyond reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, "Acts of
God" (ie...fire, flood, earthquake, tornado, etc...), strike or
other labor disturbance, interruption of or delay in transportation, unavailability
of or interruption or delay in telecommunications or third party
services, failure of third party software or inability to obtain raw
materials, supplies, or power used in or equipment needed for provision
of the Service Level Agreement
- Telco
Failure (ie...Verizon™ cutting a fiber line somewhere)
- Backbone
peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
- Scheduled
maintenance for hardware/software upgrades
- Hardware
failure (faulty hardware is rare, but cannot be predicted nor avoided). 8Hosting.com™
utilizes only name brand hardware of the highest quality and
performance.
- Software
bugs/flaws (Expolits and bugs may develop that cause security issues or
downtime)
- DNS
issues not within the direct control of 8Hosting.com™
- Network
floods, hacks, attacks from outside parties or individuals
- Failure
or error of any 8Hosting.com™ monitoring or measurement system
- Client’s
acts or omissions, including without limitation, any negligence, willful
misconduct, or use of 8Hosting.com™ service(s) in breach of 8Hosting.com™
Policy and Service Guidelines (AUP), by Client or others authorized by
Client.
Connectivity:
8Hosting.com's™ goal is to make the 8Hosting.com™ network available to Client
free of outages for 99.5% of the time. An "outage” is defined as an
instance in which Client is unable to transmit and receive IP packets due to
a 8Hosting.com™ service failure for more than 15 consecutive minutes,
excluding service failures relating to 8Hosting.com's™ scheduled maintenance
and upgrades. The 8Hosting.com™ network does not include client premises
equipment or any Telco access facilities connecting Client's premises to such
infrastructure. 8Hosting.com's™ goal is to keep Average Round-Trip Latency on
the 8Hosting.com™ network to 85 milliseconds or less. 8Hosting.com™ defines
“Average Round-Trip Latency”, with respect to a given month, as the average
time required for round-trip packet transfers between the 8Hosting.com™
network and major US backbone peering points during such month, as measured
by 8Hosting.com™. 8Hosting.com's™ goal is to keep Average Packet Loss on the 8Hosting.com™
network to 1% or less. 8Hosting.com™ defines “Average Packet Loss”, with
respect to a given month, as the average percentage of IP packets transmitted
on the 8Hosting.com™ network during such month that are not successfully
delivered, as measured by 8Hosting.com™.
Measurement:
8Hosting.com™ will periodically (on average every 5 minutes) monitor 8Hosting.com™
network and server availability using software and hardware components
capable of measuring application traffic and responses. Client acknowledges
that that such measurements may not measure the exact path traversed by
Client’s internet connection, and that such measurements constitute
measurements across the 8Hosting.com™ network but not other networks to which
Client may connect. 8Hosting.com™ reserves the right to periodically change
the measurement points and methodologies it uses without notice to Client.
Full network and server reporting will be posted to a location designated by 8Hosting.com™
and made available to Client.
Hardware Failure:
8Hosting.com™ stands behind all equipment on our network. Faulty hardware is
rare, but cannot be predicted nor avoided. 8Hosting.com™ utilizes only name
brand hardware of the highest quality and performance. 8Hosting.com™ will
replace all faulty hardware affecting performance levels of equipment within
48 hours, which includes hardware issues that cause server crashes or speed
issues. Hardware failure resulting in complete network/server outage/downtime
will be corrected within two hours of problem identification. Router failure
is an exception to this SLA guarantee, and may require on-site Cisco™
engineers or backbone provider emergency personnel to correct the problem.
Router failure is governed by current 8Hosting.com™ contracts with Cisco™ and
backbone providers in regard to the emergency repair service in case of such
an issue. 8Hosting.com™ will replace all faulty hardware on dedicated servers
(rented or leased servers), at no charge to the Client, with an unlimited
free replacement policy. This includes parts ordered as upgrades. 8Hosting.com™
will replace all faulty hardware on all non-purchased dedicated and wireless
access customer premise equipment, at no charge to the Client, unless
equipment has been tampered with, or damage is caused by direct
neglect/action(s) of Client.
Credits:
Credit requests must be made on the 8Hosting.com™ web site, by filling out
the support request form. Each request in connection with network/server
outages/downtime must be received by 8Hosting.com™ within three days of the occurrence.
Each request in connection with Average Round-Trip Latency or Average Packet
Loss in a calendar month must be received by 8Hosting.com™ within five days
after the end of such month. The total amount credited to a Client for 8Hosting.com™
not meeting SLA service levels will not exceed the service fees paid by
Client 8Hosting.com™ for such services for the period in question. Each
validly requested credit will be applied to a Client invoice within 30 days
after 8Hosting.com's™ receipt of such request. Credits are exclusive of any
applicable taxes charged to Client or collected by 8Hosting.com™. Upon
Client’s request (in accordance with the procedure set forth below), 8Hosting.com™
will issue a credit to Client for network/server outages/downtime occurring
during any calendar month that are reported by Client to 8Hosting.com™ and
confirmed by 8Hosting.com's™ measurement reporting. Such credit will be equal
to one day’s worth (1/30th) of the monthly fees paid by Client, (for all
service fees paid if network outage, or specific affected service fees paid
if individual server downtime) multiplied by each hour (or portion thereof
rounded to nearest next hour) of the cumulative duration of such outage/downtime.
If Average Round-Trip Latency on the 8Hosting.com™ network for a calendar
month exceeds 85 milliseconds, then upon Client's request, 8Hosting.com™ will
issue a credit to Client equal to six day's worth (1/5th) of the monthly
service fees paid by Client for such month. If Average Packet Loss exceeds 1%
during a calendar month, then upon Client’s request, 8Hosting.com™ will issue
a credit to Client equal to six day's worth (1/5th) of the monthly service
fees paid by Client for such month.
General:
8Hosting.com™ reserves the right to change or modify this SLA to benefit the
Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in
this SLA, 8Hosting.com™ makes no claims regarding the availability or
performance of the 8Hosting.com™ network or servers. Specific terms/points of
this SLA may be adjusted on a case by case basis by the specific Service
Agreement signed/agreed by client. In case of difference terms/points in SLA
and Service Agreement, the Service Agreement terms/points prevail over this
general SLA policy. The Service Agreement signed/agreed by client, is above
and beyond this SLA, and Service Agreement terms are in affect, including,
but not limited to, limitations of liability.
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