1. SERVICE UPTIME. CANSOMEBODYHELPME’s target uptime for the Service is 99.9% of the time in
every calendar month and CANSOMEBODYHELPME provides you with a 99.7% Critical
Services Uptime Guarantee as defined below. If CANSOMEBODYHELPME fails to
meet the 99.7% Critical Services Uptime Guarantee you will be entitled
to receive a credit in accordance with the Credit Table below if: (a)
you apply for the credit within sixty (60) days of the last day of the
month in which the 99.7% Critical Services Uptime Guarantee was not
met, and (b) more than 20% of CANSOMEBODYHELPME customers are affected. Such
credits may be deducted from amounts otherwise payable by you to
CANSOMEBODYHELPME hereunder. In the event there is a dispute regarding
credits, CANSOMEBODYHELPME reserves the right to make the final decision
about whether credits will be provided to you. If the availability for
any three (3) month period is less than 98.00%, you will have the right
to terminate your Services Agreement with CANSOMEBODYHELPME.
| Credit Table |
| Availability |
|
% Monthly Service Credit |
| 99.40 - 99.70 |
|
10% |
| 99.00 - 99.40 |
|
20% |
| 98.00 - 99.00 |
|
30% |
a. “99.7% Critical Services Uptime Guarantee”
means
that CANSOMEBODYHELPME guarantees that Down Time with respect to the Critical
Services shall not exceed 0.3% of the time during a rolling two (2)
month period (computed by reference to a 31 day month).
b. “Critical Services” means the email services, web hosting services, DNS services, and the
CANSOMEBODYHELPME network to the extent that such services do not include
Closed Source Applications, as defined in Section 4.
c. “Down Time” means periods of time that the Critical Services are not functional and
available to CANSOMEBODYHELPME customers and does not include any period of
time during which services are not functional or available as a result
of:
i. maintenance, scheduled or otherwise, performed by CANSOMEBODYHELPME;
ii. third party intrusions, including without limitation denial of service or similar attacks;
iii. downtime resulting from misuse by End-Users (as defined in the Terms of Use)
iv. errors
or non-performance of third-party software, including without
limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant;
or
v. any event that is not within CANSOMEBODYHELPME’ control.
2. WEB HOSTING.
CANSOMEBODYHELPME will use commercially reasonable efforts to ensure that
your web site is available online, twenty-four (24) hours following
receipt of payment from you for services.
3. MAINTENANCE SERVICES.
CANSOMEBODYHELPME will provide system maintenance as long as this SLA has not
been terminated or amended. Maintenance is performed at times which
least impact CANSOMEBODYHELPME’ customers based on minimal overall activity
on the CANSOMEBODYHELPME systems. Notwithstanding the foregoing, CANSOMEBODYHELPME
reserves the right, in its reasonable discretion, to perform any
emergency work at any time.
4. CLOSED SOURCE PLATFORM APPLICATIONS.
ColdFusion, ColdFusion MX, ASP, ASP.NET, JSP, and Miva Merchant
applications are hosted on a closed source platform (“Closed Source
Applications”).
5. PRIVATE LABEL DNS. Private label DNS (domain name servers) require 3 DNS entries, the third of which is CANSOMEBODYHELPME' generic DNS.
6. ACCESS
DATABASES. Microsoft Access databases are not designed for, nor
recommended for use on web sites which receive high volumes of Internet
traffic. CANSOMEBODYHELPME does not guarantee the performance of web sites
which make use of Microsoft Access databases.
7. EASYMAIL/MAILING LISTS
a. EasyMail
E-Mail Accounts are restricted to a maximum size of 50MB. If you exceed
this limit we may suspend or terminate your account and your email
messages may be lost.
b. EasyMail E-Mail Accounts’ e-mail transfer limit is a maximum of 20MB for each separate request by the mail server.
