Uptime Guaranteee / Service
Level Agreement (SLA)
1. SERVICE UPTIME. HOSTSELLERS'
target uptime for the Service is 99.9% of the time
in every calendar month and HOSTSELLERS provides
you with a 99.9% Critical Services Uptime Guarantee
as defined below. If HOSTSELLERS fails to meet the
99.9% Critical Services Uptime Guarantee you will
be entitled to receive a credit in accordance with
the Credit Table below if: (a) you apply for the
credit within sixty (60) days of the last day of
the month in which the 99.9% Critical Services Uptime
Guarantee was not met, and (b) more than 20% of HOSTSELLERS
customers are affected. Such credits may be deducted
from amounts otherwise payable by you to HOSTSELLERS
hereunder. In the event there is a dispute regarding
credits, HOSTSELLERS reserves the right to make the
final decision about whether credits will be provided
to you. If the availability for any three (3) month
period is less than 98.00%, you will have the right
to terminate your Services Agreement with HOSTSELLERS.
a."99.9% Critical Services Uptime
Guarantee" means that HOSTSELLERS
guarantees that Down Time with respect to the
Critical Services shall not exceed 0.1% of the
time during a rolling two (2) month period (computed
by reference to a 31 day month).
b."Critical Services" means
the email services, web hosting services, DNS services,
and the HOSTSELLERS network to the extent that
such services do not include Closed Source Applications,
as defined in Section 4.
c."Down Time" means
periods of time that the Critical Services are
not functional and available to HOSTSELLERS customers
and does not include any period of time during
which services are not functional or available
as a result of:
i. maintenance, scheduled or
otherwise, performed by HOSTSELLERS;
ii. third party intrusions,
including without limitation denial of service
or similar attacks;
iii. downtime resulting from
misuse by End-Users (as defined in the Terms
of Use)
iv. errors or non-performance
of third-party software, including without limitation,
Microsoft Access, .asp, .jsp, Cold Fusion or
Miva Merchant; or
v. any event that is not within
HOSTSELLERS' control.
Credit Table
Availability |
% Monthly Service
Credit |
99.40 - 99.90 |
10% |
99.00 - 99.40 |
20% |
98.00 - 99.00 |
30% |
97.00 - 98.00 |
40% |
96.00 - 97.00 |
50% |
95.00 - 96.00 |
60% |
All claims for credit under this guarantee must
be submitted to the HOSTSELLERS customer Help Desk
Customer requesting claim must be same contact listed
on the account in order to receive credit.
2. WEB HOSTING. HOSTSELLERS will
use commercially reasonable efforts to ensure that
your web site is available online, twenty-four (24)
hours following receipt of payment from you for services.
3. MAINTENANCE SERVICES. HOSTSELLERS
will provide system maintenance as long as this SLA
has not been terminated or amended. Maintenance is
performed at times which least impact HOSTSELLERS'
customers based on minimal overall activity on the
HOSTSELLERS systems. Notwithstanding the foregoing,
HOSTSELLERS reserves the right, in its reasonable
discretion, to perform any emergency work at any
time.
4. CLOSED SOURCE PLATFORM APPLICATIONS. ColdFusion,
ColdFusion MX, ASP, ASP.NET, JSP, and Miva Merchant
applications are hosted on a closed source platform
(“Closed Source Applications”).
5. ACCESS DATABASES. Microsoft Access
databases are not designed for, nor recommended for
use on web sites which receive high volumes of Internet
traffic. HOSTSELLERS does not guarantee the performance
of web sites which make use of Microsoft Access databases.
6. EASYMAIL/MAILING LISTS
a. EasyMail Email Accounts are restricted to a
maximum size of 1GB for Business Class and
100MB for Personal Class. If you exceed this
limit we may suspend or terminate your account
and your email messages may be lost.
b. EasyMail Email Accounts’ Email transfer
limit is a maximum of 50MB for each separate request
by the mail server.
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