Service Level Agreement


Service Availability Commitment Scope:

HostOnNet's Service Availability Commitment is to limit Customer's Server unavailability to less than one consecutive hour in any calendar month.

Scheduled Maintenance Scope: Scheduled Maintenance shall mean both (1) any maintenance in the HostOnNet data center at which Customer's Server is located (a) of which Customer is notified 48 hours in advance, and (b) that is performed during a standard maintenance window on Tuesdays and Thursdays from 3 AM to 6 AM local time of the HostOnNet data center at which Customer's Server is located and (2) any maintenance of Customer's Server (a) of which Customer is notified 48 hours in advance, and (b) that is performed during a standard maintenance window Monday through Thursday 2 AM to 6 AM Eastern Time. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by HostOnNet (telephone, email, fax or pager).

Service Availability Commitment Process: If Customer opens a trouble ticket with HostOnNet Customer Support within 5 days of Customer's failure to access Customer's Server and HostOnNet determines in its reasonable commercial judgment that the Server is unavailable due to a Server outage caused solely by the items of the service managed exclusively by HostOnNet that outage will be used to calculate Server unavailability for the remedies provided below. A Server shall be deemed to be unavailable if the server is not responding to HTTP requests issued by HostOnNet's monitoring software. HostOnNet's records and data shall be the basis for all service availability calculations and determinations. Scheduled maintenance shall not be deemed to be Server unavailability. Unavailability of Customer's Server due to Customer's web content or application programming, acts of Customer or its agents, network unavailability outside of the HostOnNet Network or events of Force Majeure shall not be deemed Server unavailability for the purpose of this Commitment.

Service Availability Commitment Remedy: If HostOnNet determines in its reasonable commercial judgment that Customer's Server was unavailable for one or more (but fewer than four) consecutive hours during a calendar month, HostOnNet, upon Customer's request, will credit Customer's account for such month the pro-rated charges for one day's service for that server. Or if HostOnNet so determines that the Server was unavailable for four (4) or more consecutive hours during any calendar month, HostOnNet, upon Customer's request, will credit Customer's account for such month for the pro-rated charges for one week's Monthly Charges for that server. Credits will not apply to data transfer charges or to charges for services other than the Monthly Charge for the server for which this Commitment was not met. Customer's account shall not be credited more than once per month under this Service Availability Commitment.

Network Quality

Network Latency Guarantees

North American Network Latency Guarantee Scope: HostOnNet's North American Network Latency Guarantee is average round-trip transmissions of 65 milliseconds or less between HostOnNet-designated inter-regional transit backbone network routers ("Hub Routers") in North America.

European Network Latency Guarantee Scope: HostOnNet's European Network Latency Guarantee is average round-trip transmissions of 65 milliseconds or less between HostOnNet-designated Hub Routers within Europe.

Transatlantic Network Latency Guarantee Scope: HostOnNet's Transatlantic Network Latency Guarantee is average round-trip transmissions of 120 milliseconds or less between a HostOnNet-designated Hub Router in the New York metropolitan area and a HostOnNet-designated Hub Router in the London metropolitan area.

Network Latency Guarantee Process: Latency shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month's Network performance statistics relating to the Network Latency Guarantees shall be posted at http://www.HostOnNet.com/global/about/network/latency/. No credits will be made if failure to meet a Network Latency Guarantee is attributable to reasons of Force Majeure (as defined in the applicable service agreement).

Network Latency Guarantee Remedy:If HostOnNet fails to meet any Network Latency Guarantee in any calendar month, Customer's account shall be automatically credited for that month for the pro-rated charges for one day of the HostOnNet Monthly Charge for the service with respect to which a Network Latency Guarantee has not been met.

Network Packet Delivery Guarantee

North American Network Packet Delivery Scope: HostOnNet's North American Network Packet Delivery Guarantee is packet delivery of 99% or greater between HostOnNet-designated Hub Routers in North America.

European Network Packet Delivery Scope: HostOnNet's European Network Packet Delivery Guarantee is packet delivery of 99% or greater between HostOnNet-designated Hub Routers within Europe.

Transatlantic Network Packet Delivery Scope: HostOnNet's Transatlantic Network Packet Delivery Guarantee is packet delivery of 99% or greater between a HostOnNet-designated Hub Router in the New York metropolitan area and a HostOnNet-designated Hub Router in the London metropolitan area.

Packet Delivery Guarantee Process: Packet Delivery shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month's Network performance statistics relating to the Network Packet Delivery Guarantees shall be posted at http://www.HostOnNet.com/global/about/network/latency/. No credits will be made if failure to meet a Network Packet Delivery Guarantee is attributable to reasons of Force Majeure (as defined in the applicable service agreement).

Network Packet Delivery Guarantee Remedy: If HostOnNet fails to meet any Network Packet Delivery Guarantee in a calendar month, Customer's account shall be automatically credited for that month for the pro-rated charges for one day of the HostOnNet Monthly Charge for the service with respect to which a Network Packet Delivery Guarantee has not been met.

Server Install Guarantee

Server Install Guarantee Scope: HostOnNet's Server Install Guarantee is to have installation of Customer's Server completed within 3 business days for Shared Services.

Server Install Guarantee Process: These dates shall be counted from the date HostOnNet has received all of the following from Customer: signed Service Agreement, completed Customer Information Form, Completed Configuration Form, and (if requested by HostOnNet) completed credit application. The service is deemed to be installed when HostOnNet is prepared to provide to Customer password and login information, enabling installation of Customer's data files on the designated server. The Server Install Guarantee is not available if installation delay is attributable to Customer equipment, acts or omissions of Customer, its employees or agents, Customer not passing HostOnNet's credit check, or reasons of Force Majeure (as defined in the applicable service agreement).

Server Install Guarantee Remedy: Upon receiving from HostOnNet notice that HostOnNet is prepared to provide Customer with password and login information for Customer's server, Customer shall have ten (10) days within which to contact Customer's installation engineer if Customer believes HostOnNet has failed to meet the Server Install Guarantee. If Customer contacts HostOnNet within such ten (10) day period and if HostOnNet determines in its reasonable commercial judgment that HostOnNet has failed to meet this Server Install Guarantee, Customer's account shall be credited 50% of HostOnNet's standard Install Fee for the server with respect to which this Guarantee has not been met.

Web Site Availability Service Level Agreement for Unix Hosting Account Services

1. Coverage; Definitions

This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following Unix hosting account services from HostOnNet (the "Services") and your account is current (i.e., not past due) with HostOnNet: Shared Web Hosting Plans (Bronze, Silver, Gold, Platinum, High Volume), E-Commerce Plans (Cyberstand, e-Vendor or Marketplace), Signature Hosting or Virtual Private Servers (FreeDSD or Solaris). 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 HostOnNet.

2. Service Level

a. Goal:
HostOnNet's goal is to achieve 100% Web Site Availability for all customers.

b.Remedy:
Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, HostOnNet 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:

3. 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:

  1. circumstances beyond HostOnNet'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;
  2. failure of access circuits to the HostOnNet Network, unless such failure is caused solely by HostOnNet;
  3. scheduled maintenance and emergency maintenance and upgrades;
  4. DNS issues outside the direct control of HostOnNet;
  5. issues with FTP, POP, IMAP, or SMTP customer access;
  6. false SLA breaches reported as a result of outages or errors of any HostOnNet measurement system;
  7. 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 HostOnNet's Terms and Conditions and Acceptable Use Policy;
  8. e-mail or webmail delivery and transmission;
  9. DNS (Domain Name Server) Propagation.
  10. outages elsewhere on the Internet that hinder access to your account. HostOnNet is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. HostOnNet will guarantee only those areas considered under the control of HostOnNet: HostOnNet server links to the Internet, HostOnNet's routers, and HostOnNet's servers.

4. Credit Request and Payment Procedures

In order to receive a credit, customer must make a request therefor by sending an email message to sales@HostOnNet.com. Each request in connection with this SLA must include customer's account number (per HostOnNet's invoice) and the dates and times of the unavailability of customer's Web site and must be received by HostOnNet within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by HostOnNet, credits will be applied within two billing cycles after HostOnNet's receipt of customer's credit request.

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 HostOnNet 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.