Dedicated Server Service Level Agreement
This service level agreement is hereby made part of the Dedicated Server Terms of Service between Client and Lunarpages, a division of Add2Net, Inc. In the event of any conflict between this Agreement and the Dedicated Terms of Service the Dedicated Terms of Service shall control.
Lunarpages is a world leader in dedicated webhosting services. We are committed to providing you with a reliable, high-quality dedicated server and related services together with world class support. As part of this commitment, Lunarpages is pleased to offer eligible customers the following Service Guarantees.
Client, or its representatives, must cooperate with Lunarpages in the account initiation process; including the true and accurate completion of an order form containing detailed account information and progressive contact listings. Changes in an order made by or on behalf of Client or the occurrence of events outside the reasonable control of Lunarpages may result in failures or delays for which Lunarpages is not responsible hereunder.
Server Availability Guarantee
Lunarpages guarantees 100% Lunarpages Dedicated Server Availability as measured below. Replacement of failed server components shall be performed at no cost to the customer including but not limited to components such as drives, switches and power supplies. Replacement of failed server components will be made within one hour of discovery. Server Availability is calculated based upon both log-in access and DNS access to the server.
Infrastructure Availability Guarantee
Lunarpages guarantees 100% Lunarpages Infrastructure Availability as measured below. Infrastructure includes HVAC and electrical power to your Server. Infrastructure Availability is calculated based upon the provision of such services to the Data Center within which your server is located.
Network Availability Guarantee
Lunarpages’s guarantees 100% Lunarpages Network Availability as measured below. Network Availability includes both incoming and outgoing bandwidth and is calculated based upon the level of connectivity to your server. Lunarpages monitors Network availability on a 24 hour basis.
Service Credit Guarantee
In the event of any performance failure at a level above that set forth in the Guarantees above, Client’s account shall be credited with service credits for the service in question in an amount equal to one full day of charges for that service for each 15 minutes of downtime.
“Force Majeure” means acts beyond the reasonable control of Lunarpages, including, but not limited to, acts of God, fire, explosion, vandalism, natural disasters, earthquakes, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States Government or state or local governments, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lock-outs, or work stoppages, or other labor difficulties, supplier failures, shortages, breaches or delays.
“Infrastructure Availability” consists of the number of minutes that HVAC and electrical power is available to Client’s server within the data center where Client’s server is located. Infrastructure Availability does not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Client’s applications, equipment, or facilities; (b) acts or omissions of Client or an authorized user; (c) unavailability caused by companies other than Lunarpages; or (d) Force Majeure.
“Lunarpages Network” means the telecommunications/data communications network and network components owned, operated or controlled by Lunarpages. Lunarpages Network does not include customer premises equipment or any networks or network equipment not operated and controlled by Lunarpages.
“Network Availability” consists of the number of minutes that the Lunarpages Network is available to Client and does not include Scheduled Maintenance, or any unavailability resulting from: (a) Client’s applications, equipment, or facilities; (b) acts or omissions of Client or an authorized user of Client; (c) unavailability caused by companies other than Lunarpages; or (d) Force Majeure.
“Server Availability” consists of the number of minutes that your Lunarpages’ dedicated server is available to Client and does not include any number of minutes that Lunarpages’ dedicated server was unavailable associated with any Scheduled Maintenance to the server. Server Availability does not include time related to the replacement of failed components. Server Availability does not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Client’s applications, equipment, or facilities; (b) acts or omissions of Client or an authorized user; (c) unavailability caused by companies other than Lunarpages; or (d) Force Majeure.
“Scheduled Maintenance” shall mean any maintenance of Lunarpages’ Network (or portion thereof) to which Client’s server is connected which is performed during a standard maintenance window from 3:00AM to 6:00AM (location local time). Customers will be notified of such Scheduled Maintenance a minimum of 2 days prior to the commencement any Scheduled Maintenance.
Service Credit Claim Process
Client may make a request for Service Credit at any time during the Agreement as long as Client’S Account with Lunarpages is in Good Standing. In the event of the submission of any such request, Client will be notified via email upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, Lunarpages will issue Service Credit to Client’s account, to appear on the next invoice issued. Multiple Service Credits will not be given for the same period of time, ie; failure to meet multiple criteria during a period of time generates only a single Service Credit. The total number of Service Credits for problems occurring in a month may not exceed the Monthly Recurring charge actually paid by Client for service during that month. Service Credits will be credited against a Client’s monthly payment for Monthly Recurring Charges and may not be received in the form of a refund.
The Guarantees and Service Credits provided for in this Service Level Agreement assume compliance by Client with the terms and conditions of its agreement with Lunarpages, and the failure of Client to comply with those terms and conditions may invalidate Lunarpages’s guarantees provided herein. No credit is available for a Client (a) that is blocking Lunarpages from monitoring Client’s equipment; (b) that does not provide the necessary access to personnel and facilities at the premises to enable Lunarpages to perform comprehensive troubleshooting; or (c) whose account is not in good financial standing with Lunarpages. Lunarpages is not liable for failure to fulfill its obligations hereunder if such failure is due to (a) Client’s use of bandwidth in excess of the amount specified in Client’s Agreement with Lunarpages, (b) Client’s tampering with any equipment, or (c) acts beyond Lunarpages’s reasonable control.
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