Service Level
Agreement
(last updated: Septeber 2003)
99.99% UPTIME GUARANTEE
(a) Coverage
These 11th Hour Networks Acceptable Use And Service Guidelines apply to
you if you have registered for either Shared Hosting Services or Dedicated
Hosting Services (collectively, the "Service") and you are in
good financial standing with 11th Hour Networks.
(b)
Service Level
11th Hour Networks endeavors to have the content of your Web site available
for http access by third parties 99.99% of the time ("Web Site Availability").
(c)
Credits
In the event that there is no Web Site Availability, 11th Hour Networks
will credit the following month's service fee as follows. For Shared Hosting
services, such credit will be retroactive and will be as calculated below
and as measured 24-hours a day in a calendar month, with the maximum credit
not to exceed the monthly service charge for the affected month.
Customer Web Site
Availability Credit
95% to 99.98% 25%
90% to 94.9% 50%
89.9% or below 100%
For Dedicated Hosting
services, if the Web Site Availability is between 98.9% and 99.99% for
any particular month, the credit will be retroactive and equivalent to
the difference between the guaranteed level of availability of the customer's
services during the month and the calculated actual level of availability
of the customer's services, multiplied by the actual charges incurred
by the customer for the services during that month period. In addition,
for Dedicated Hosting services, customers may be entitled to additional
credits as calculated below and as measured 24-hours a day in a calendar
month, with the maximum credit not to exceed fifty percent (50%) of the
monthly service charge for the affected month. Minutes of continuous downtime
Credit 60 25%.
Three 60 minute intervals or more 50% In order for you to receive a credit
on your account, you must request such credit within ten (10) business
days after you experienced no Web Site Availability. You must request
credit by sending an electronic mail message to support@11thhournetworks.com.
For security, the body of this message must contain your account number,
the dates and times of the unavailability of your Web site, and such other
customer identification requested by 11th Hour Networks. Credits will
usually be applied within sixty (60) days of your credit request. Credit
to your account will be your sole and exclusive remedy in the event that
there is no Web Site Availability.
(d)
Restrictions
Credits will not be provided to you in the event that you have no Web
Site Availability resulting from (i) scheduled maintenance as posted from
time to time at 11th Hour Networks.com, (ii) your behavior or the performance
or failure of your equipment, facilities or applications, or (iii) circumstances
beyond 11th Hour Networks's reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay in
transportation, unavailability of interruption or delay in telecommunications
or third party services (including DNS propagation), failure of third
party software or hardware or inability to obtain raw materials, supplies,
or power used in or equipment needed for provision of your Web site. |