
Windows Server 2003 and MS SQL Server 2005 Hosting - Service Level Agreement (SLA)
- Coverage; Definitions
This Web Site Availability Service Level Agreement (SLA) applies to you
("customer") if you have ordered any of the following Windows Server 2003 and
SQL Server 2005 hosting account services from Drundo (the "Services") and your
account is current (i.e., not past due) with Drundo: Windows Server 2003 Plans
(.NET Economy, .NET Value, .NET Silver, .NET Gold) and MS SQL 2005 Database
Plans Windows 2005 or the E-Commerce Plan (E-Commerce .NET Value, .NET Silver,
.NET Gold). As used herein, the term "Web Site Availability" means the percentage
of a particular month (based on 24-hour days for the number of days in the subject month)
that the content of customer's Web site is available for access by third parties via HTTP and
HTTPS, as measured by Drundo.
- Service Level
- Goal:
Drundo's goal is to achieve 100% Web Site Availability for all customers.
-
Remedy:
Subject to Sections 3 and 4 below, if the Web Site Availability of customer's
Web site is less than 100%, Drundo will issue a credit to customer in accordance
with the following schedule, with the credit being calculated on the basis of
the monthly service charge for the affected Services:
| Web Site Availability | Credit Percentage |
| 99.9 to 100% | 0% |
| 98% to 99.8% | 10% |
| 95% to 97.9% | 25% |
| 90% to 94.9% | 50% |
| 89.9% or below | 100% |
Exceptions
Customer shall not receive any credits under this SLA in connection with any
failure or deficiency of Web Site Availability caused by or associated with:
-
circumstances beyond Drundo'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;
-
failure of access circuits to the Drundo Network, unless such failure is
caused solely by Drundo;
-
scheduled maintenance and emergency maintenance and upgrades;
-
DNS issues outside the direct control of Drundo;
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issues with FTP, POP, or SMTP customer access;
-
false SLA breaches reported as a result of outages or errors of any Drundo
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, etc), any negligence, willful misconduct,
or use of the Services in breach of Drundo's Terms and Conditions and Acceptable
Use Policy;
-
e-mail or webmail delivery and transmission;
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DNS (Domain Name Server) Propagation.
-
outages elsewhere on the Internet that hinder access to your account. Drundo is
not responsible for browser or DNS caching that may make your site appear
inaccessible when others can still access it. Drundo will guarantee only those
areas considered under the control of Drundo: Drundo server links to the
Internet, Drundo's routers, and Drundo's servers.
- Credit Request and Payment Procedures
To receive a credit, the customer must make a request therefore by opening a Support Ticket at:
http://support.drundo.net.
The ticket MUST include the domain name of the customer's account in the "Subject" line. Each
request in connection with this SLA must include the customer's account number
(per Drundo's invoice) and the dates and times of the unavailability of
customer's Web site and must be received by Drundo within ten (10) business days
after the customer's Web Site was not available. If the unavailability is
confirmed by Drundo, credits will be applied within two billing cycles after
Drundo'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 Drundo
and are customer's sole and exclusive remedy with respect to any failure or
deficiency in the Web Site Availability of customer's Web site.
Note:
Credits are not refundable and can be used only towards future billing charges.
Last Update - December 17, 2005, Drundo Software, One Kendall Square, Cambridge, MA 02139