| Service Level Agreement -- Uptime Guarantee
The Service Level Agreement (SLA) covers certain
aspects of our Signature Hosting, FreeBSD and
Solaris Virtual Private Server (VPS) hosting
accounts. Our goal is to achieve 100% Web site
availability for all customers. The SLA serves to
provide you confidence and assurance that we stand
behind our hosting accounts.
In the event that one of your Signature or VPS
hosting accounts falls below 99.9% Web site
availability you may request a credit per the terms
and conditions of the SLA. To request a credit you
must visit the specific account's Account Details
page of the Account Information Interface in the
Reseller Backroom.
Requests for credits must be received by RSII
within ten (10) days after the incident for which
the review is being requested. If the unavailability
is confirmed by RSII, a credit will be applied
within two (2) weeks. Credits are not refundable and
can only be used for current or future charges.
Complete terms and conditions of SLA can be found
below.
1. Coverage; Definitions
This Web Site Availability Service Level
Agreement (SLA) applies to you ("customer") if you
have ordered any of the following Unix hosting
account services from RSII (the "Services") and your
account is current (i.e., not past due) with RSII:
Shared Web Hosting Plans (Bronze, Silver, Gold,
Platinum, High Volume), E-Commerce Plans
(Cyberstand, e-Vendor or Marketplace), Signature
Hosting or Virtual Private Servers (FreeDSD or
Solaris). 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 through HTTP and HTTPS, as measured by RSII.
2. Service Level
- Goal:
RSII's goal is to achieve 100% Web Site
Availability for all customers.
- Remedy:
Subject to Sections 3 and 4 below, if the Web
Site Availability of customer's Web site is less
than 100%, RSII 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:
| Web Site Availability |
Credit Percentage |
| 99.9 to 100% |
0% |
| 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:
- circumstances beyond RSII'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 RSII
Network, unless such failure is caused solely by
RSII;
- scheduled maintenance and emergency
maintenance and upgrades;
- DNS issues outside the direct control of
RSII;
- issues with FTP, POP, IMAP, or SMTP customer
access;
- false SLA breaches reported as a result of
outages or errors of any RSII 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 RSII'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. RSII is not
responsible for browser or DNS caching that may
make your site appear inaccessible when others
can still access it. RSII will guarantee only
those areas considered under the control of
RSII: RSII server links to the Internet, RSII's
routers, and RSII's servers.
4. Credit Request and Payment Procedures
To request a credit for Signature or VPS
accounts, the customer must submit the request
within 10 days of the incident.
Each request in connection with this SLA must
include the dates and times of the unavailability of
customer's Web site and must be received by RSII
within ten (10) business days after the customer's
Web Site was not available. If the unavailability is
confirmed by RSII, credits will be applied within
two billing cycles after RSII'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 RSII 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. |