Service Level Agreement

Service Commitment

Hostragon will use commercially reasonable efforts to make the included products and services each available with a Monthly Uptime Percentage (defined below) of at least 99.99%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the included products and services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

• 99% uptime/availability is defined as follows:
  • Daily: 14m 24s
  • Weekly: 1h 40m 48s
  • Monthly: 7h 18m 17s
  • Yearly: 3d 15h 39m 29s
• Monthly Uptime Percentage is calculated by subtracting from 100% the percentage of minutes during the month in which any of the included products and services, as applicable, was in the state of “data-center Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
• Unavailable and Unavailability mean when all of your running servers or data-center have no external connectivity.
• A Service Credit is a hosting credit that we may credit to an eligible account.
  

Service Commitments

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for Hostragon data-center affected for the monthly billing cycle in which the data-center unavailability occurred.

Service Credits

We will apply any Service Credits only against future Hostragon payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from Hostragon.

A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one United States dollar (US$ 1). Service Credits cannot be transferred or applied to any other account.

Unless otherwise provided in the Hostragon Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Hostragon is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the Hostragon billing team. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

1. the words “SLA Credit Request” in the subject line;
2. the dates and times of each Unavailability incident that you are claiming;
3. the affected hosting account or the affected data-center designation; and
4. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Hostragon SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Hostragon, or any other Hostragon performance issues:

• that result from a suspension of the Hostragon Agreement;
• caused by factors outside our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Hostragon;
• that result from any actions or inaction of you or any third party, including failure to acknowledge a recovery volume;
• 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);
• that result from failures of individual instances or volumes not attributable to data-center Unavailability;
• that result from any maintenance as provided for pursuant to the Hostragon Agreement; or
• arising from our suspension and termination of your right to use Hostragon in accordance with the Hostragon Agreement (collectively, the “Hostragon SLA Exclusions”).

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.