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NOTE: This SLA is current as of September 8, 2010.
Service Level Agreement -- Uptime Guarantee
The Service Level Agreement (SLA) covers certain aspects of our
Shared Hosting hosting accounts. Our goal is to achieve 100% 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 hosting accounts falls below 99.9%
availability you may request a credit per the terms and conditions of the SLA.
To request a credit you must send an email to billing@cyberlynk.net
providing specific details to your request.
Requests for credits must be received by Cyberlynk within ten (10) days
after the incident for which the review is being requested. If the
unavailability is confirmed by CyberLynk, 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 Availability Service Level Agreement (SLA) applies to you
("customer") if you have ordered any of the following hosting
account services from CyberLynk (the "Services") and your account is
current (i.e., not past due) with CyberLynk: Shared Web Hosting Plans,
E-Commerce Plans, Email Hosting, List Server or Virtual Private
Servers. As used herein, the term "Hosting 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 site is available for
access by third parties through HTTP, HTTPS, FTP, POP3 and SMTP as
measured by CyberLynk.
2. Service Level
- Goal:
CyberLynk's goal is to achieve 100% Hosting Availability for all
customers.
- Remedy:
Subject to Sections 3 and 4 below, if the Hosting Availability of
customer's site is less than 100%, CyberLynk 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:
| Hosting 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 Hosting Availability caused by or associated
with:
- circumstances beyond CyberLynk'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 CyberLynk Network, unless such failure
is caused solely by CyberLynk;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of CyberLynk;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any
CyberLynk 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, Cold Fusion, etc), any negligence,
willful misconduct, or use of the Services in breach of CyberLynk'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.
CyberLynk is not responsible for browser or DNS caching that may make your
site appear inaccessible when others can still access it. CyberLynk will
guarantee only those areas considered under the control of CyberLynk:
CyberLynk server links to the Internet, CyberLynk's routers, and CyberLynk's
servers.
4. Credit Request and Payment Procedures
To request a credit for any hosting service please send an email to
Billing@CyberLynk.net.
Each request in connection with this SLA must include the dates and times
of the unavailability of customer's site and must be received by CyberLynk
within ten (10) business days after the customer's Site was not available. If
the unavailability is confirmed by CyberLynk, credits will be applied within
two billing cycles after CyberLynk'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 CyberLynk and are customer's sole and exclusive remedy with
respect to any failure or deficiency in the Hosting Availability of customer's
site.
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