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INTERNETONE.NET SERVICE LEVEL AGREEMENT NETWORK UPTIME GUARANTEE Service Uptime. INTERNETONE.NET's target uptime for the Service is 99.9% of the time in every calendar month. INTERNETONE.NET also guarantees that the email services, web serving services, DNS services, and the INTERNETONE.NET network will be available and function for a minimum of 99.70% of the time, not including scheduled maintenance windows. INTERNETONE.NET's, multi-redundant network architecture permits operation without service degradation or CUSTOMER interruption in the case of maintenance or equipment failure. INTERNETONE.NET will use commercially reasonable efforts to meet or exceed service levels. If INTERNETONE.NET fails to meet the foregoing 99.70% service levels set out below in a rolling two month period, then CUSTOMER will be entitled to receive a credit for such outage in accordance with the schedule below. CUSTOMER will be entitled to deduct said credit for such amounts otherwise payable to INTERNETONE.NET hereunder, calculated in accordance with the table below for each month (computed by reference to a 31 day month), if more than 20% of the CUSTOMER users are affected. If the actual availability for any three month period is less than 98.00%, CUSTOMER will have the right to terminate hosting account for breach of contract. Maintenance Services. INTERNETONE.NET will provide maintenance as long as this agreement is in effect without charge. Maintenance windows are scheduled at times which least impact our CUSTOMERS based on minimal overall activity on the INTERNETONE.NET web hosting systems which may vary from month to month. Notwithstanding the preceding, INTERNETONE.NET reserves the right, in its reasonable discretion, to perform any emergency work outside of any Maintenance Windows in order to keep the INTERNETONE.NET System functioning in accordance with appropriate Service Levels. If advance notice has been provided, periods of time the Service is unavailable during Emergency maintenance windows will not be included in calculating the service levels actually achieved. Software and hardware failures resulting from a third party intrusion (i.e.. denial of service attacks) are excluded from the uptime guarantee. INTERNETONE.NET also does not provide any service guarantees greaters than 98% for sites that uuse Microsoft Access, ASP, or Cold Fusion. Website or email services downtime resulting from misuse by the CUSTOMER's end users will not be recorded as downtime when calculating credits. This includes, but is not limited to, websites that use Microsoft Access, ASP, or Cold Fusion. MAINTENANCE ACTIVITIES Maintenance will be provided during the term of this agreement without charge MAINTENANCE REQUIREMENTS The following Maintenance services will be provided to CUSTOMER in connection withthe Software provided that the CUSTOMER account with INTERNETONE.NET is current. Support INTERNETONE.NET agrees that it wil provide the following support:
CUSTOMER's Maintenance Obligations: CUSTOMER understands and acknowledges that in order for INTERNETONE.NET to provide Maintenance services, CUSTOMER must provide the following:
Categorization of Errors INTERNETONE.NET will categorize all problems, errors and defects of the Software experienced by CUSTOMER according to the definitions listed below which describe the severity of the problem, error or defect based on the impact that such failure has on hosting operations. "Critical Fault" means with respect to more than 20% of INTERNETONE.NET's end users affected, an emergency condition causing a critical impact to the software or hardware whereby the function of the software is impossible. Critical failures are limited to the following:
"Major Fault" means a failure of a component of the hosting services, the network components, applications or equipment owned, maintained or supported which restricts the end users from making any alterations to the email or web service and where more than 20% of INTERNETONE.NET's customers are affected. A major fault will be limited to the following:
"Minor Fault" means any service problem which is not a Critical Fault or a Major Fault and includes, without limitation, a failure that can be easily avoided or circumvented by the Customer and is not critical to the use of software. Examples include:
INTERNETONE.NET warrants that it will use commercially reasonable efforts to initially respond to any request for maintenance services due to a failure, malfunction, defect or nonconformity within 4 hours of a receipt of such request. ESCALATION PROCEDURES
No warranty for programming Errors: CUSTOMER acknowledges that although INTERNETONE.NET will use all commercially reasonable efforts in its development process to avoid programming errors, it does not represent or warrant that the operation of the Software will be error free or that the operation of the Software will not be interrupted by reason of defect therein. INTERNETONE.NET will, however, during the term of this Agreement, correct any defects and make any modifications which are necessary to cause the Software to conform in all material respects to the performance specifications set out in the documentation in consideration of the Maintenance Fees. INTERNETONE.NET CALL CENTER SUPPORT SERVICE LEVEL AGREEMENT FOR TECHNICAL SUPPORT EXTENT OF SUPPORT
Technical Support INTERNETONE.NET agrees that it will provide the following Technical Support services to clients:
CUSTOMER's Maintenance Obligations: CUSTOMER understands and acknowledges that in order for INTERNETONE.NET to provide Technical Support services, CUSTOMER must provide the following:
Escalation Procedures
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General Hosting Support