Dedicated Server, Colocation and Cloud Hosting Service Level Agreement
1. Coverage and Definitions
This Service Level Agreement (SLA) applies to you (“customer”) if you have current service with M5 Hosting or M5 Cloud for Dedicated Servers, Colocation or IaaS Cloud serices (the “Services”) and your account is current (i.e., not past due). As used herein, the term “Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the customer’s hosted system is available for access by third parties, as measured by M5 Hosting, Inc.
2. Service Level
Subject to Sections 3 and 4 below, if the Availability of customer’s Services is less than 99.95%, M5 Hosting will credit the customer 5% of the monthly fee for each 30 minutes of downtime in excess of 0.05% (up to 100% of customer’s monthly fee for the affected server).
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
A) circumstances beyond M5 Hosting’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 M5 Hosting Network, unless such failure is caused solely by M5 Hosting;
C) scheduled maintenance, emergency maintenance and upgrades (emergency or scheduled);
D) DNS issues outside the direct control of M5 Hosting;
E) issues with FTP, POP, IMAP, SMTP or other application running within your service as an application;
F) false SLA breaches reported as a result of outages or errors of any M5 Hosting measurement system; 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, Ruby, PHP, Python etc), any negligence, willful misconduct, or use of the Services in breach of M5 Hosting’s Terms and Conditions and Acceptable Use Policy;
G) e-mail or webmail delivery and transmission;
H) DNS (Domain Name Server) Propagation;
I) outages elsewhere on the Internet that hinder access to your account.
M5 Hosting is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. M5 Hosting will guarantee only those areas considered under the control of M5 Hosting: M5 Hosting server links to the Internet, M5 Hosting’s routers, and M5 Hosting’s servers.
4. Credit Request and Payment Procedures
To receive a credit, the customer must make a request by sending an e-mail message to email@example.com. The e-mail message MUST include the relevant customer ID or Service ID in the “Subject” line. Each request in connection with this SLA must include the customer’s account number (per M5 Hosting’s invoice) and the dates and times of the unavailability of customer’s services and must be received by M5 Hosting within ten (10) business days after the customer’s service was not available. If the unavailability is confirmed by M5 Hosting, credits will be applied within two billing cycles after M5 Hosting’s receipt of the 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 M5 Hosting and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the availability of the Services.
Note: Credits are not refundable and can be used only towards future billing charges.