Service Level Agreement
This Service Level Agreement ("SLA") is entered into by and between LAMP Host ("LAMP Host") and you, the Customer ("Customer"), as of the effective date of the Shared or Managed Web Hosting Plan Agreement between said parties and as long as the Customer's account is in good standing with LAMP Host and with reference to the following:
I. Coverage & Definitions
A. Coverage
1. LAMP Host's SLA includes guaranteed uptime for LAMP Host's data center(s) power, data center(s) network, server hardware and software installed by LAMP Host.
B. Definition of "Uptime"
1. Uptime refers to the percentage of time during a particular month that the Customer's Website(s) or server(s) is reachable by third parties via Hypertext Transfer Protocol (HTTP), as measured by LAMP Host.
C. Definition of "Downtime"
1. The Customer's Website or server is said to be experiencing "downtime" when the content of said Website or server is not reachable by third parties via Hypertext Transfer Protocol (HTTP), as measured by LAMP Host.
II. Service Level
A. 99.9% uptime guarantee
1. LAMP Host's service goal is to provide 100% uptime.
2. LAMP Host's SLA provides for a 99.9% uptime guarantee.
3. Uptime is measured on a monthly basis.
III. Exclusions
A. Customer shall not receive any credits nor have reason for remedy under this SLA in connection with any failure or deficiency or inaccessibility of Website(s) or server(s) caused by or associated with:
1. Customer-installed databases or software;
2. circumstances beyond LAMP Host's control including and without limitation, natural disaster, fire, flood, earthquake, dust storm or other acts of God, nuclear explosion or attack, terrorist attack, war, revolution, sabotage, embargo, strike or other labor disturbance, interruption or delay in telecommunications or third party services, inability to obtain power or equipment needed to provide hosting services, virus attacks, hackers, failure of third party software;
3. Domain Name Services ("DNS") propagation;
4. DNS issues that are outside of LAMP Host's control;
5. Network issues that are outside of LAMP Host's data center or direct control;
6. issues with FTP, POP, IMAP, or SMTP customer access;
7. Internet outages that are outside of LAMP Host's direct control that hinder access to your Website(s), server(s) or content;
8. Customer's or Customer's agent's willful or accidental acts or omissions, including without limitation: custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, willful misconduct, or use of the Services in breach of LAMP Host's Hosting Agreement and Acceptable Use Policy;
9. browser or DNS caching that may deliver older versions of Customer's site or content to user;
10. outages elsewhere on the Internet that hinder access to your account;
11. e-mail transmission or delivery;
12. erroneously reported outages or downtime;
B. Scheduled and Emergency Downtime
1. Downtime is required periodically for for maintenance and upgrades.
2. Scheduled downtime is excluded from this guarantee. Notice of Scheduled Downtime shall be emailed to Customer a minimum of 24 hours prior to downtime.
3. LAMP Host reserves the right to perform "emergency scheduled" downtime at any time. LAMP Host shall provide as much warning as is reasonably possible to Customer. "Emergency downtime" is excluded from this guarantee.
4. LAMP Host maintains a weekly Maintenance Window every Sunday night from 9:00 pm to 11:59 pm Pacific time. This Maintenance Window is used for server and network maintenance and upgrades that may cause brief interruptions in service. Advanced notification is not sent out for the weekly Maintenance Window. "Maintenance Window downtime" is excluded from this guarantee.
IV. Credit Requests
A. Requests Contact
1. Request shall be sent by email to: support@lamphost.com
B. Time is of the Essence
1. Customer shall make request for refund or credit within 72 hours of incident.
C. Refund Rate
1. Unscheduled downtime in excess of .1% is refunded at a prorated amount of one day's charges (during the subject month) per hour of downtime.
D. Maximum Refund
1. The maximum refund shall not exceed Customer's monthly, recurring charge for specific, affected Website(s) or server(s) during the subject month.
E. Downtime must be confirmed.
1. Customer shall receive refund or credit only if LAMP Host is able to confirm the incident or downtime.
This agreement last updated July 15th, 2013 and is subject to change without notice.
