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Service Level Agreement
(SLA)
FThe following Service Level Agreement (hereinafter referred to as the
"Agreement") is made between Fierce Host (hereinafter referred to as "Fierce
Host") and the customer/client/user (hereinafter referred to as "Customer")
and shall be effective as of upon activation of the web hosting account. As
used in this Agreement, "you" or "your" refers to you, the Customer and
"we", "our" or "us", Fierce Host. This agreement shall only apply if you
currently hold an account with services from Fierce Host (the "Services")
and your account is current (i.e., not past due) with Fierce Host. Fierce
Host and Customer are referred to collectively as the "Parties". By signing
this Agreement you acknowledge that you have read, understand, and agree to
our terms.
General
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 via HTTP and/or HTTPS, as measured by Fierce Host.
We guarantee that our internal network connectivity, server programs, and
hardware will be up and working at least 99.9% or better in any given month.
This means you should not experience a downtime of more than 43 minutes in
any given month counted from the first day of every month. This uptime
guarantee excludes any scheduled maintenance work that may, unfortunately,
force the downtime for a period of time until the maintenance work is done.
We are proud to offer you a service credit, defined below, for the month
that any downtime period that lasts beyond our uptime guarantee of 99.9%.
Backups
Shared Hosting Customers
Fierce Host shall do regular daily backups for our customer's data into our
backup servers. These backups are solely for the purposes of Fierce Host
server recovery. In the event we can provide you with a recent backup,
Fierce Host staff will restore the information to a folder you specify on
our servers. Shared hosting customers are encouraged to keep their own
backups of the data on Fierce Host servers in the event of the backup server
failure. Fierce Host is not liable in the event customer's data is lost,
even in the event of a hardware/power problem resulting in such data lost.
Dedicated Server Customers
Unless otherwise agreed, Fierce Host does not provide data backup service to
our dedicated server customers. Customer is responsible for customer's own
data backup and will not hold Fierce Host liable in the event customer's
data is lost, even in the event of a hardware/power problem resulting in
such data lost.
Service Level
Fierce Host aims to achieve 100% uptime for all services offered to our
customers. Except under the conditions listed below, see "Conditions", if
"Web Site Availability" is less 99.9% Fierce Host will issue a credit to the
customer's account based on the table below, see "Credits".
Maintenance Procedures
Fierce Host will announce all scheduled maintenance at least 24 hours in
advance. Fierce Host also reserves the right to perform any necessary
emergency maintenance to our system to ensure the security of the system.
All scheduled maintenance will be announced on the news mailing list at
news-subscribe@fiercehost.com and also on the user forums under
announcements.
Downtimes
All downtimes will be announced to the customer via the news mailing list at
news-subscribe@fiercehost.com and also posted in the user forums under
announcements. All downtime reports will include a complete description of
the cause of the downtime, as well as a calculated total time the system was
down. This "Calculated Downtime" will be the basis for calculating any
necessary credits to the customer's account. Downtime reports will be posted
to the specified places within 24 hours from the time the system was back
online.
Conditions:
This agreement shall cover any and all services under the direct control of
Fierce Host. This includes, but is not limited to, internal network
connectivity, server programs, server hardware, switches, and routers. This
agreement shall NOT cover any condition outside the control of, or
unpreventable by Fierce Host. These conditions 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 of 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, customer's internet
provider availability, or power used in or equipment needed for provision of
this SLA; Failure of access circuits to the Fierce Host's Network or it s
upstream providers, unless such failure is caused solely by Fierce Host or
Fierce Host's equipment; Scheduled maintenance and emergency maintenance and
upgrades; DNS issues outside the direct control of Fierce Host; 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 Fierce Host's Terms of Service and Acceptable Use
Policy; E-mail or web mail delivery and transmission; DNS (Domain Name
Server) Propagation; Any other outages elsewhere on the Internet that hinder
access to your account;
Fierce Host is also not responsible for browser or DNS caching that may make
your site appear inaccessible when others can still access it. Fierce Host
will guarantee only those areas considered under the control of Fierce Host.
Credits
Any and all available credits as a result of downtime will be credited only
to the Customer's Fierce Host account and refunded to the Customer's credit
card or PayPal account. Any customer choosing to leave Fierce Host service
as a result of a downtime, will forfeit all credit's and account balances as
they will no longer have a Fierce Host account.
99.9 to 100% 0 to 43.2 minutes 0%
98% to 99.8% 43.2 mins to 14 hrs 24 mins 10%
97.9% and below Over 14 hrs 25 mins 25%
To receive credit for a downtime, please send a request to slacredit@fiercehost.com
with the date/time of the downtime as well as the websites and services
affected. Credits will only be issued on those downtimes which have a valid
downtime report, see above, which has been posted to the proper locations.
Any Credit requests must be received within 7 days from the time that the
applicable downtime report was posted by Fierce Host staff. All Fierce Host
accounts are limited to no more than one credit per calendar month.
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