Colocation SLA

Last updated: May 8, 2012

Colocation Service Level Agreement

Definitions

For purposes of this Service Level Agreement (“SLA”), the following terms have the meanings set forth below:

“Server” means the Customer-owned physical hardware collocated at a Hostway data center.

“Day Credit” is calculated as one thirtieth (1/30) of the monthly recurring usage rate paid by Customer. In the case where Customer purchased services on an annual or quarterly plan, Day Credit will be calculated by dividing the annual usage rate by 360 or the quarterly usage rate by 90.

“Network Issue” means when Customer is unable to transmit to and receive data from the Server for less than 100% of the time in a given calendar month, excluding scheduled or emergency maintenance. The Network includes routers, switches, backbone connections and cabling provided by Hostway, but expressly does not include Customer’s own networking equipment, switches, services, or any software running on the Server(s) that may affect the performance or availability of the network.

“Operational” means that Customer’s Server responds to a Hostway initiated ‘ping-test.’

“TOU” means the Terms of Use available online at https://www.hostway.com/legal/terms_of_use.html (or such other URL as Hostway may designate from time to time) and to which Customer agreed when signing up for Hostway’s services.

Network Support SLA

Hostway’s Network will be available to Customer free of outages 100% of the time (excluding scheduled or emergency maintenance) in a given calendar month. Should a Network Issue occur, Customer may request and Hostway will issue to Customer a Day Credit for each hour of such downtime. A Network Issue is measured from the time the trouble ticket was received by Hostway to the time the Server is able to transmit and receive data. For each additional one (1) hour period that the Server is not Operational due to a Network Issue, Customer may receive an additional Day Credit provided, however, the total number of Day Credits available to Customer in a particular month will be limited to thirty (30). For clarity, it is not a Network Issue under this SLA if the outage is caused by the Server (including any Customer-owned networking equipment, switches, or software that is collocated with the Server), and therefore any such outage will not be eligible for Day Credits. Hostway will be the sole determiner of the cause of an outage.

Power Availability SLA

Hostway will ensure the delivery of uninterrupted electrical power to the Server 100% of the time (excluding scheduled or emergency maintenance) in a given calendar month. Should an unscheduled power outage occur such that Customer is unable to transmit to and receive data from the Server, Customer may request and Hostway will issue to Customer a Day Credit for each hour of such downtime. The downtime is measured from the time the trouble ticket was received by Hostway to the time the Server is able to transmit and receive data again. For each additional one (1) hour period that the Server is not Operational due to a power outage, Customer may receive an additional Day Credit provided, however, the total number of Day Credits available to Customer in a particular month will be limited to thirty (30). For the purposes of this section, Customer understands and agrees that electrical power is supplied to Hostway by a third party provider and that any power outage resulting directly from the third party provider shall constitute an “emergency” under this SLA and the resulting downtime will not be eligible for Day Credits. In addition, if Hostway determines in its sole discretion that the power outage is caused by the Server itself (including any Customer-owned networking equipment, switches, or software that is collocated with the Server), such outage will not be eligible for Day Credits.

Maintenance Window

Customer acknowledges and agrees to the weekly scheduled maintenance windows, Thursday mornings between the hours of 00:00 CST (midnight) – 06:00 CST. Hostway will notify Customer of any planned downtime resulting from scheduled maintenance activities at least seven (7) days in advance of such maintenance activity. In the event of planned downtime resulting from unscheduled maintenance activity, Hostway will make a good faith effort to notify Customer in advance and come to an agreement on a time for such maintenance activity. Customer understands and agrees that Hostway reserves the right to conduct an emergency maintenance window at any time, during which any or all of Hostway’s services may be unavailable, and Hostway may not be able to, nor will Hostway be obligated to, provide the Customer with advance notice in case of such emergency.

Any Server unavailability resulting from any scheduled or emergency maintenance windows as discussed in the foregoing paragraph will be excluded from uptime calculations and will not be eligible for Day Credits.

Exceptions

Customer is eligible to receive credits under this SLA only if Customer is in good standing with Hostway and is not delinquent in payment or in violation of the TOU. Customers will not receive any Day Credits under this SLA in connection with any failure caused by or associated with circumstances beyond Hostway’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, unavailability of or interruption or delay in Customer telecommunications or third party services, the failure of any third party software, or scheduled or emergency downtime of the Hostway Network for repair, replacement, or maintenance of any software, hardware, or network component thereof. Furthermore, Customer will not receive any Day Credits under this SLA in the event that the Server is unavailable as a result of Customer’s acts or omissions (or acts or omissions of other parties, including Customer’s end users, engaged or authorized by Customer), and this includes, without limitation, any negligence or willful misconduct, or any request to re-install anything other than the currently supported version of an operating system in connection with a hardware failure.

Customer will not receive any Day Credit under this SLA for any outage or service interruption resulting from Customer’s failure to timely pay fees as they become due.

Credit Request and Payment Procedures

To apply for a Day Credit, Customer must email serversales@hostway.com within 72 hours of the incident and include the server name, customer ID, and date(s) and time(s) of the failure. Hostway reserves the right to refuse any incomplete Day Credit requests. All Day Credits will be applied on Customer’s account toward future payments. Hostway will not issue Day Credits as a refund by cheque or any other payment method.