This NetActuate Service Level Agreement (“SLA”) is incorporated in and forms an integral part of the NetActuate Terms of Service (“TOS”) of NetActuate Inc., a Delaware corporation DBA as RootBSD (altogether, “NetActuate ”, “we”, ”our”, or “us”). All capitalized terms used in this NetActuate SLA shall have the meaning set forth in the TOS, unless otherwise expressly provided.
1. Service Level
- Goal: NetActuate’s goal is to achieve 99.9% uptime as measured by our 3rd party monitoring service, pingdom @ up.vr.org (http://up.vr.org). Excludes planned and unplanned (emergency) maintenance.
- Remedy: Subject to Sections 2 and 3 below, if the uptime of Your NetActuate Service is less than 99.9%, we will credit you 5% of the monthly fee for each 30 minutes of downtime (up to 100% of your monthly fee for the affected server).
2. SLA Exceptions
You shall not receive any credits under this SLA in connection with any failure or deficiency of uptime caused by or associated with:
- circumstances beyond our reasonable control;
- force majeure events, 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;
- outages that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control);
- failure of access circuits to the our network, unless such failure is caused solely by us;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside our direct control;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any NetActuate measurement system; your acts or omissions (or acts or omissions of others engaged or authorized by you), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, Ruby, PHP, Python), any negligence, willful misconduct, or use of the NetActuate Services in breach of the TOS, including the AUP;
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation;
- outages elsewhere on the Internet that hinder access to your account;
- We are not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. We will guarantee only those areas considered under our control: our server links to the Internet, our routers, and our servers.
3. Credit Request and Payment Procedures
To receive a credit, you must make a request by sending an e-mail message to email@example.com. Your e-mail message MUST include the domain name of the your account in the “Subject” line. Each request in connection with this SLA must include your account number and the dates and times of the unavailability of your NetActuate Service and must be received by NetActuate within twenty-four (24) hours after your NetActuate Service was not available. If the unavailability is confirmed by NetAcutate, credits will be applied within two billing cycles after NetActuate’s receipt of the your 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 you in a particular month under this SLA shall not exceed the total fee paid by you for such month for the affected NetActuate Services. Credits are exclusive of any applicable taxes charged to you or collected by NetActuate and are your sole and exclusive remedy with respect to any failure or deficiency in the availability of the NetActuate Services.
April 12, 2016