This Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following hosting account services (Services) from Triple8 Network, Inc. (Triple8) and your account is current (i.e., not past due) with Triple8: Virtual Private Server Hosting (Windows and/or Linux VPS plans), Website Hosting, Email Hosting, Database Hosting, or Bandwidth. As used herein, the term "Service Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the Service is available for access by third parties via one of SSH, ICMP, HTTP or HTTPS as measured by Triple8 unless a local firewall on the customer server prevents such monitoring.
Goal: Triple8's goal is to achieve 100% Server/Network Availability for all customers.
Remedy: Subject to Sections 3 and 4 below, if the Service Availability of customer's Services is less than 100%, Triple8 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:
|Service Availability||Credit Percentage|
|99.9 to 100%||0%|
|97% to 99.8%||10%|
|94% to 96.9%||25%|
|90% to 93.9% ||50%|
|89.9% or below||100%|
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
Credit Request and Payment Procedures
- circumstances beyond Triple8'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 upstream access circuits to the Triple8 Network, unless such failure is caused solely by Triple8;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Triple8;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any Triple8 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 Triple8's Terms and Conditions and Acceptable Use Policy;
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation.
- outages elsewhere on the Internet that hinder access to your account. Triple8 is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Triple8 will guarantee only those areas considered under the control of Triple8: Triple8 server links to the Internet, Triple8's routers, and Triple8's servers.
In order to receive a credit, customer must make a request therefor by sending an email message to support@Triple8.net . Each request in connection with this SLA must include customer's account number (per Triple8's invoice) and the dates and times of the unavailability of customer's Services and must be received by Triple8 within ten (10) business days after customer's Services were not available. If the unavailability is confirmed by Triple8, credits will be applied within two billing cycles after Triple8's receipt of customer's credit request.
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 Triple8 and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Service Availability of customer's Services.