ActiveHost 99.9% Dedicated Server Hosting Uptime SLA
Dedicated Server Availability
ActiveHost’s 99.9% Dedicated Server Hosting Uptime SLA ensures dedicated server availability provided to ActiveHost Dedicated Server Customers and, as set forth below; ActiveHost will credit Customer's account if ActiveHost fails to meet this Server Uptime Guarantee during any given calendar month. "Server Unavailability" consists of the number of minutes in excess of 45 minutes in a give month that the Dedicated Server was not available to the customer, but will not include unavailability which Customer fails to report to ActiveHost within five days, or any unavailability resulting from
(a) scheduled ActiveHost Network Maintenance
(b) Customer's applications
(c) acts or omissions of Customer
(d) any use or user of the service authorized by Customer or
(e) reasons of Force Majeure.
For each cumulative hour (60 minutes) of Server Unavailability in excess of 45 minutes any calendar month, Customer's account shall be credited for the pro-rated charges for one day of the Customer’s Reoccurring Monthly Fee, up to but not exceeding the monthly hosting fee. This does not include additional charges such as bandwidth overages.
Limitations of Guarantee
The total credit granted to customer by any aspect of this Service Level Guarantee during any calendar month will not exceed the monthly fee for the same calendar month.
All guarantees will not apply if downtime or unavailability occurs during standard ActiveHost maintenance windows or when Customer is notified at least 24-hours in advance of maintenance activities or unavailability of service guarantees.
Credits or remedy will be provided only upon request of the customer. Requests for credit due to server unavailability must be received within 5-days of the failure.
No guarantee or remedy will be provided at any time for failures determined attributable to reasons of Force Majeure.
This SLA is subject to change at the sole discretion of ActiveHost, without notice to Customer. The most recent revision of this document will be posted to ActiveHost’s web site at http://www.activehost.com/about-us/policies/dedicated-sla.aspx. All changes made to the SLA will be effective five (5) days after the first publishing date.
This SLA in no way construes ActiveHost will guarantee performance against failures of application specific failures, such as web server software, operating system software, failing hardware, web site application features, database performance or related components. It will be at ActiveHost’s sole discretion to determine fault and identify failure to perform under the obligations of this SLA.
Version: 3.1
Posted: March 26, 2001
