- Updated December 17, 2009
AIS Media, Inc. Hosting Service Level Agreement
Web site availability and this Service Level Agreement (SLA) applies to any current customer (i.e., your account is in good standing and not past due) that has ordered or is currently using hosting services, including but not limited to, shared services, managed dedicated services and/or eCommerce hosting (Excerpo Storefront). Web Site availability shall be provided as 99.9% within a given calendar month where availability is considered as access via HTTP/HTTPS by third parties.
A. Availability Percentage
AIS will make the Controlled Services (as defined below) available to Customer at least 99.9 % of 7-days a week x 24-hours a day as calculated on a calendar monthly basis excluding Excused Downtime (the “Availability Percentage”). The Availability Percentage is calculated as follows:
Availability Percentage = ((a - b)/a) x 100
Where
a = the total number of hours in the calendar month less the applicable Excused Downtime for that calendar month.
b = total number of hours that the Controlled Services are not available in the given calendar month for reasons other than the occurance of events that are otherwise covered by Excused Downtime.
“Controlled Services” means the following:
(i) AIS’s private network (e.g., AIS’s LAN, WAN and VPN);
(ii) Hardware and software applications hosted at the AIS Data Center by AIS or on AIS’s behalf excluding any hardware, software application or service performance issue that is attributable, in whole or in part, to a third party vendor to the extent that AIS does not have any recourse for such issue in AIS’s agreement with the third party vendor; and
(iii) Customer data and content in the format presented to AIS once the AIS private network has confirmed receipt of data.
B. Excluded Services
Excluded services included any services outside of the aforementioned hosting services including, but not limited to; mass mail, newsletter, CAMS access, FTP, POP or SMTP services.
C. Exceptions and Excused Downtime
The following items shall be considered outside AIS Media, Inc. realm of control and are not considered part of the SLA agreement:
Circumstances beyond the reasonable control of AIS Media, Inc. including, but not limited to:
I. Scheduled maintenance including the maintenance of the network, server, site, facility, software or hardware. AIS Media, Inc. will make all due effort to ensure minimal downtime and adequate notice of such maintenance in advance.
II. Acts of any governmental body, war, sabotage, embargo or armed conflict.
III. Acts of God including, but not limited to; fire, flood or tornado.
IV. Malicious Acts by a 1st or 3rd party not associated or employed by AIS Media, Inc. Such acts include, but are not limited to DDoS (Dedicated Denial of Service), virus attacks or hackers.
V. Customer’s Acts initiated directly or indirectly by a customer to include, but not limited to, custom scripting and/or code, negligence or any conduct in violation of AIS Media, Inc. Terms of Service.
VI. EMail or Webmail delivery, access or transmission
VII. Propagation of DNS (Domain Name Server) information
VIII. Outages, failures or service interruptions outside of AIS Media, Inc. immediate network (AIS Media, Inc. server links to the Internet, AIS Media, Inc’s routers and AIS Media, Inc.’s servers) that may hinder access to your account, website or email.
D. Request for Remedy
AIS Media, Inc. must receive written notice within 5 business days after the customer’s site was not available. Notice must be delivered via email or in writing to:
AIS Media, Inc.
3340 Peachtree Rd, NE Suite 750
Atlanta, GA 30326
The noticel must contain relevant account information including domain name, client name, contact telephone number, valid email address and date of service interruption. If unavailability is confirmed and deemed the responsibility of AIS Media, Inc. credit, not to exceed 50% of the customer’s recurring charge for the month the outage occured, will be applied to the customer’s account. Credit is not redeemable for actually currency or other services and may only be applied to towards future billing charges.
