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1. SERVICE UPTIME. STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC.’s target uptime for the Service is 99.9%
of the time in every calendar month and STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. provides you with a 99.7% Critical
Services Uptime Guarantee as defined below. If STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. fails to meet the 99.7% 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 99.7% Critical
Services Uptime Guarantee was not met, and (b) more
than 20% of STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. customers are affected. Such credits may be deducted
from amounts otherwise payable by you to STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. hereunder. In the event there
is a dispute regarding credits, STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC..
a. “99.7% Critical Services Uptime Guarantee”
means that STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.
guarantees that Down Time with respect to the Critical
Services shall not exceed 0.3% 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
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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 STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.;
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 STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.’ control.
|
Credit
Table |
|
|
Availability
|
%
Monthly Service Credit |
|
|
99.40
- 99.70 |
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% |
|
2. WEB HOSTING. STEALTHHOSTING/STEALTH MEDIA SOLUTIONS,
INC. 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. STEALTHHOSTING/STEALTH MEDIA
SOLUTIONS, INC. will provide system maintenance as long
as this SLA has not been terminated or amended. Maintenance
is performed at times which least impact STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC.’ customers based on minimal
overall activity on the STEALTHHOSTING/STEALTH MEDIA
SOLUTIONS, INC. systems. Notwithstanding the foregoing,
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC. 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. PRIVATE LABEL DNS. Private label DNS (domain name
servers) require 3 DNS entries, the third of which is
STEALTHHOSTING/STEALTH MEDIA SOLUTIONS, INC.' generic
DNS.
6. ACCESS DATABASES. Microsoft Access databases are
not designed for, nor recommended for use on web sites
which receive high volumes of Internet traffic. STEALTHHOSTING/STEALTH
MEDIA SOLUTIONS, INC. does not guarantee the performance
of web sites which make use of Microsoft Access databases.
7. EASYMAIL/MAILING LISTS
a. EasyMail E-Mail Accounts are restricted to a maximum
size of 50MB. If you exceed this limit we may suspend
or terminate your account and your email messages may
be lost.
b. EasyMail E-Mail Accounts’ e-mail transfer
limit is a maximum of 20MB for each separate request
by the mail server.
