Service Level Agreement
| By submitting the online order form, or by using PLiKhost Web Hosting’s service, Customer hereby agrees to and shall comply with the following Service Level Agreement (SLA). Unless otherwise specified in this SLA , the usage of “us”, “we”, “our”, and “ours” shall refer to PLiKhost Web Hosting, Inc., and all its parents, subsidiaries, successors, and assigns. The usage of “Customer,” “you”, “your”, “they”, and “them” shall refer to the Customer of PLiKhost Web Hosting, Inc. Moreover, in this SLA , “PLiKhost Web Hosting” shall refer to PLiKhost Web Hosting, Inc., a Texas corporation, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, “PLiKhost Web Hosting” and “PLiKhost Web Hosting, Inc.” shall have the same meaning and shall be interchangeable. Please note: This Service Level Agreement does NOT apply to customers who purchase Dedicated Hosting from PLiKhost Web Hosting. 1. Definitions. 1.1. “Network Uptime” is the total time in a calendar month that the PLiKhost Web Hosting network is available through the Internet, provided that Customer has established connectivity. PLiKhost Web Hosting takes responsibility for network availability within its network and for network outages from its bandwidth and connectivity provider, except when such network outages are excluded by Section 3.6 of this SLA ; however, PLiKhost Web Hosting shall not be liable for any upstream problems outside of its network. PLiKhost Web Hosting’s guarantee is that its network will be available to Customer free of Network Outages, that render 100% packet loss, 99.9% of each calendar month 1.2. “Network Outages” or “Unscheduled Downtime” is any unplanned or unscheduled interruption in service availability during which Customer is unable to access the services as described in the section titled “Network Uptime” above.
2. “ SLA Network Violation Credit” occurs when PLiKhost Web Hosting’s network uptime guarantee is not met. As stated in paragraph 1.1 above, PLiKhost Web Hosting g uarantees 99.9% uptime for shared, e-commerce, and semi-dedicated. Please note again that this guarantee does not apply to customers who have dedicated hosting with PLiKhost Web Hosting. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a credit, you must e-mail us at: billing [at] plikhost.com within seven (7) days after the last day of the calendar month in which the downtime occurred. (For example, if the downtime occurs during the month of December, PLiKhost Web Hosting must receive your e-mail between January 1 and January 7. E-mail notifications that are not sent within the first seven (7) days of the month immediately following the downtime will not be eligible for credits. The amount of the credits are determined by the following table, based on the amount of Network Uptime the PLiKhost Web Hosting network has provided for the month in which a credit is requested.
PLiKhost Web Hosting will review claims of SLA violations during normal business hours of the first through seventh day of the month, and will apply any applicable credit to Customer’s account within two billing cycles after PLiKhost Web Hosting receives Customer’s credit request. 3. Performance Credit Exclusions. Notwithstanding any contrary provision in this SLA , PLiKhost Web Hosting shall not be liable to reimburse in any form for failure to meet any of the guaranteed service level where such failure arises from any one or more of the following: 3.1. Scheduled downtime, maintenance, or upgrades, including without limitations the following:
3.2. Emergency maintenance or upgrades, where such maintenance or upgrades are required by the occurrence of any events outside of PLiKhost Web Hosting’s control; 3.3. Failure of access circuits to the PLiKhost Web Hosting Network, unless such failure is caused solely by PLiKhost Web Hosting; 3.4. Erroneous SLA outages reported as a result of outages or errors of any PLiKhost Web Hosting measurement system; 3.5. Problems outside of PLiKhost Web Hosting’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network, and interruptions or failures of individual service caused by Customer, Customer’s agents or employees, Customer’s clients, or other third parties, to Customer’s service. These interruptions and failures include, but are not limited to, the following:
3.6. Circumstances beyond PLiKhost Web Hosting’s reasonable control and force major events including but not limited to the following: catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce 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; 3.7. Services or communications protocols other than hypertext transfer protocol (HTTP). 3.8. DNS (Domain Name System) issues outside the direct control of PLiKhost Web Hosting; 3.9. DNS propagation; 3.10. 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, PHP, etc., any negligence, willful misconduct, or use of PLiKhost Web Hosting’s service in breach of PLiKhost Web Hosting’s Terms of Service, Acceptable Use Policy, or No-Spam Policy; 3.11. Faults caused by the client’s equipment, applications, interconnected equipment, networks, systems or gateways and / or the acts or omissions of the Customer, third-party components whether within or outside PLiKhost Web Hosting’s network or the acts or omissions of local exchange carriers or failure of third party services; 3.12. Outages elsewhere on the Internet that hinder access to your account or services. PLiKhost Web Hosting is not responsible for browser or DNS caching that may make your Web site appear inaccessible when others can still access it. PLiKhost Web Hosting will guarantee only those areas considered under the control of PLiKhost Web Hosting; or 3.13. Disconnection and / or reconnection of the services due to non-payment of any charges payable to PLiKhost Web Hosting or where the services are disconnected by reason of it being used for any illegal, unlawful, or other objectionable purpose described in the TOS, AUP, or No-Spam Policy. 4. Nature of Credits; Sole Remedy. 4.1. Notwithstanding anything to the contrary in this SLA , the total amount credited to the Customer in a particular month under this SLA shall not exceed the total hosting fee paid by the Customer for such month for the affected service. 4.2. Credits are exclusive of any applicable taxes charged to the Customer or collected by PLiKhost Web Hosting and are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in service or in the availability of the Customer’s Web sites. 5. General Terms. 5.1. You and PLiKhost Web Hosting agree that only measurements carried out by PLiKhost Web Hosting’s personnel shall be used for the calculation of unavailable time and PLiKhost Web Hosting’s records shall be conclusive evidence of that unavailable time. The client’s sole remedy in relation to a breach of this SLA shall be limited to the service credits provided accordingly in this SLA .
5.3. This SLA does not relieve the Customer from the obligation to pay the Customer’s balance in full when it is due. SLA credits are always applied within two billing cycles after the month in which the downtime eligible for SLA credit occurs. 5.4. This SLA is subject to PLiKhost Web Hosting’s Terms of Service (TOS), as it may be modified from time to time. In the event of any conflict between any term or condition of this SLA and the TOS, the TOS shall govern and the conflicting portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties to this SLA, and the remainder of the SLA’s provisions shall remain in full force and effect.
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