This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any hosting services from Earth Skater (the "Services") and your account is current (i.e., not past due) with Earth Skater. 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 Earth Skater.
Earth Skater's goal is to achieve 100% Web Site Availability for all customers.
Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, Earth Skater 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:
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%
EXAMPLE: 99% uptime/availability gives the following periods of potential downtime/unavailability.
Daily: 1m 26.4s
Weekly: 10m 4.8s
Monthly: 43m 49.7s
Yearly: 8h 45m 57.0s
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:
a. circumstances beyond Earth Skater'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;
b. failure of access circuits to the Earth Skater Network, unless such failure is caused solely by Earth Skater;
c. scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of Earth Skater;
e. issues with FTP, POP, IMAP, or SMTP customer access;
f. false SLA breaches reported as a result of outages or errors of any Earth Skater measurement system;
g. 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, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Earth Skater's Terms and Conditions and Acceptable Use Policy;
h. e-mail or webmail delivery and transmission;
i. DNS (Domain Name Server) Propagation.
j. outages elsewhere on the Internet that hinder access to your account. Earth Skater is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Earth Skater will guarantee only those areas considered under the control of Earth Skater: Earth Skater server links to the Internet, Earth Skater's routers, and Earth Skater's servers.
In order to receive a credit, customer must make a request by
sending an email message to email@example.com. Each
request in connection with this SLA must include customer's
account number (per Earth Skater's invoice) and the dates and
times of the unavailability of customer's Web site and must be
received by Earth Skater within ten (10) business days after
customer's Web Site was not available. If the
unavailability is confirmed by Earth Skater, credits will be
applied within two billing cycles after Earth Skater's receipt
of 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 Earth Skater 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.