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Coverage; Definitions
This Web Site Availability Service Level Agreement (SLA) applies to you
("customer") if you have ordered any of the following Windows Server 2003
and Windows 2003 hosting account services or domain registration services
from InteNSE Web Solutions(the "Services") and your account is current
(i.e., not past due) with InteNSE Web Solutions, Inc.: Windows Server 2003
and Windows 2000 Shared Web Hosting Plans (Basic, Enhanced, Premium and
Premium+). 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 HTTPS, as measured by
InteNSE Web Solutions.
Service Level
Goal:
InteNSE Web Solutions 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%, InteNSE Web Solutions 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%
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:
Account Suspension
Customers website may be suspended if their web hosting account has not
been paid for by the 20th of that month. Being 5 days after each billing
cycle. Another reason a customers websites/web hosting account(s) may be
immediately taken offline is due a negative account balance with our
development/design department. Accounts are based on a customers full name
and not domain name. A customer can have multiple websites/web hosting
accounts but will still only have 1 account.
Anti Spam Policies: As defined below
Customer Resource Usage: As defined Below
Domain Names Suspension:
Customers can request full ownership of their domains name if they owe no
money to InteNSE Web Solutions for web hosting, domain registrations or
the development/design of applications. Otherwise, InteNSE Web Solutions
has full right to keep the domain names and may change domain information
at any time.
Circumstances beyond InteNSE Web Solutions 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 InteNSE Web Solutions servers, unless
such failure is caused solely by InteNSE Web Solutions;
scheduled maintenance and emergency maintenance and upgrades;
DNS issues outside the direct control of InteNSE Web Solutions;
issues with FTP, POP, or SMTP customer access;
false SLA breaches reported as a result of outages or errors of any
InteNSE Web Solutions 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 InteNSE Web Solutions
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.
InteNSE Web Solutions is not responsible for browser or DNS caching that
may make your site appear inaccessible when others can still access it.
InteNSE Web Solutions will guarantee only those areas considered under the
control of InteNSE Web Solutions: InteNSE Web Solutions server links to
the Internet, InteNSE Web Solutions routers, and InteNSE Web Solutions
servers.
Credit Request and Payment Procedures
To receive a credit, the customer must make a request therefore by sending
an e-mail message to billing@intensewebsolutions.com. The e-mail message
MUST include the domain name of the customer's account in the "Subject"
line. Each request in connection with this SLA must include the customer's
full name and the dates and times of the unavailability of customer's Web
site and must be received by InteNSE Web Solutions within ten (10)
business days after the customer's Web Site was not available. If the
unavailability is confirmed by InteNSE Web Solutions credits will be
applied within two billing cycles after InteNSE Web Solutions 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 InteNSE Web Solutions 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.
Note: Credits are not refundable and can be used only towards future
billing charges.
Customer Resource Usage:
Customer exceeding account Resources will be immediately notified
regarding the usage. Customer will have the option to upgrade to a higher
plan within 10days of notification or can transfer to another provider.
InteNSE Web Exchange Reserves the right to immediately interrupt all
services provided for the customer if no remedy is taken by the customer.
Anti Spam Policies
InteNSE Web Exchange goal and service offering is to provide exceptional
web hosting and business emailing capabilities for all of our customers.
We do not provide mailing list services and do not support them. However,
customers with mailing list software's can have a maximum of 500 email
addresses per mailing list and can only send the mailing 1 time per month.
Customers have the capability to use the online mailing software in a
moderate manner. Customer can not exceed more than 500 email address in
their mailing list and can not exceed the mailing of more than 1 time per
month. Customer's exceeding these limitations will be notified immediately
and will have 1 business day to stop all resource abuse or will be
immediately disconnected. InteNSE Web Exchange will not issue a web
hosting credit for service interruption if customer is interrupted.
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