Uptohost S.L.A.!

SERVICE LEVEL AGREEMENT

This Service Level Agreement ("SLA") describes performance guarantees for the Uptohost network and our computer equipment. This SLA is made between Uptohost, ("Uptohost", "Provider", "we", "us", "our") and you ("Customer", "Client", "you"). This document may be updated from time to time, and will be located online at www.uptohost.com/sla.html.
Customers are responsible for checking this document from time to time, as notifications of updates will not be made.

(for our TOS, please click HERE)

NETWORK GUARANTY
UPTIME: We provide a 99.99% uptime guarantee. This means that for any given month, while unlikely, it is possible that our internal network may experience an average downtime of up to 260 seconds per month excluding scheduled maintenance. If an outage exceeds a cumulative 260 seconds in month, we will credit 5% of the Customer's base monthly recurring bandwidth fee for the affected computer, per hour of downtime, up to 100% of the base monthly recurring bandwidth fee for Dedicated and Co-Location Customers. For Virtual Hosting Customers, if an outage exceeds a cumulative 260 seconds in any month, we will credit 5% of the Customer's base monthly recurring hosting fee per hour of downtime, up to 100% of the base monthly recurring hosting fee.

This guarantee covers the Uptohost network internal infrastructure ("Infrastructure"), including connectivity to our backbone providers, routers, switches, and the cables connecting them. This Network Uptime Guarantee does not cover dedicated computer equipment, or services that are dependent on dedicated computer equipment. Dedicated computer equipment related guarantees are covered separately under this SLA.

LATENCY: We provide an 85millisecond latency guarantee. For Uptohost peered networks, we guarantee an average monthly transmission rate of 85 milliseconds or less. Uptohost measures Internet latency - the average round trip transmission on a Uptohost peered network - at approximately ten-minute intervals using an Internet Controlled Message Protocol, (ICMP) Echo Request (Ping) and calculates the average at the end of each calendar month. If Customer experiences average Internet latency in excess of 85 milliseconds, as so calculated for any calendar month, Customer may receive a credit equal to 1/30 of the base monthly recurring bandwidth fee for the affected dedicated computer equipment or Virtual Hosting account.

DEDICATED COMPUTER EQUIPMENT GUARANTEE:
Except for those times during which Scheduled Maintenance is taking place, Uptohost offers its dedicated computer equipment Customers a two-tiered Guarantee for dedicated computer equipment hosted by Uptohost.

If the Customer has a "Non-redundant Configuration" which means Uptohost provided standard production computer equipment, then Uptohost's Guarantee is to limit Customer's Server unavailability to less than 200 minutes in any Week. If the Customer has a dedicated "Array Configuration", which means two (2) or more Computers (including firewalls) which are configured for redundant functionality, specifically including two (2) or more Computers using HTTP or HTTPS load balancing, two (2) or more Computers configured as DFO (Dynamic Failover) database servers, and two (2) or more firewalls configured for automatic failover, then Uptohost's Guarantee is to limit Customer's Dedicated Computer Equipment unavailability to less than 50 minutes in any Week.

In the event that a computer component included as part of the Customer's dedicated computer configuration fails during the term of our contract, we will make the necessary repairs at no charge to the Customer. We guarantee the replacement of defective components within two (2) hours of identifying the source of the problem. If the repairs take longer than two hours, Customer may receive a credit of 5% (five percent) of the Customer's base monthly recurring fee for the affected dedicated computer equipment per hour of downtime exceeding the initial two hours, up to 100% (one hundred percent) of the base monthly recurring fee for the affected dedicated computer equipment. This guarantee covers all components configured within the Customer's affected dedicated computer equipment, including the power supply(s), cabling, CPU(s), memory, motherboard, network adaptor(s), hard drive(s), modem(s), and disk controller(s).

This guarantee does not include time to rebuild a failed RAID array, although we will repair a failed RAID array at no charge. This guarantee does not cover lost data nor the time to recover or restore data

MAINTENANCE
Scheduled Maintenance means:
1. Any maintenance in the Uptohost data center at which Customer's computer equipment is located;
1. Of which Customer is notified at least 24 hours in advance, and;
2. That is performed during a standard maintenance window.
2. Any maintenance in the Uptohost data center at which Customer's computer equipment is located;
1. Of which Customer is notified at least 24 hours in advance if the Customer's computer equipment may be malfunctioning or may not be accessible to the Internet, and;
2. That is performed during a nonstandard maintenance window at a time approved by Customer's designated point of contact.
 
Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by Uptohost (telephone, email, fax or pager). Nothing in this paragraph shall prevent Uptohost from conducting emergency maintenance on an as needed basis. In the event that a scheduled maintenance may unduly affect Customer's operations, it shall be the Customer's responsibility to so notify our Technical Staff at support@uptohost.com to discuss any necessary arrangements.

REFUND PROCEDURES AND EXCEPTIONS:
Customers must notify us via email to support@uptohost.com or via helpdesk ticket, indicating that they wish to pursue their rights as guaranteed by this SLA within 3 days of the incident to be eligible for credit under the various Guarantees. We are not required to provide SLA guaranteed service or credits to Customers who are in default of their contractual obligations. Upon opening a support ticket, we will ascertain whether the problem exists within our Infrastructure. If the problem is within our Infrastructure, we will measure downtime from the time we were notified of the incident to the time that the incident has been resolved.

CONDITIONS
Credits shall not be allowed for conditions

(i) caused by Customer or others authorized by Customer to use the Services under the Agreement;
(ii) due to the failure of power, facilities, equipment, systems or connections not provided by Uptohost;
(iii) caused by the failure of third party service to Uptohost's Network;
(iv) the result of scheduled maintenance or upgrades where Customer has been notified in advance
(vi) due to a Force Majeure event.

30 Day Money Back!
It's simple really, if for any reason you are not happy with our service during the first 30 days after your signup, we will return your money in full.

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