Described
within this Service Level Agreement (SLA) are the levels of service that Host
Administration Services Network promises to meet and the remedial actions or
compensation Host Administration Services Network will provide, if guaranteed
services are not upheld. We value all Subscribers Host Administration Services
Network and our service quality is held to the maximum of importance.
Identified Parties
The “Host Administration Services Network” is defined to include the following: all Host
Administration Services owned and operated Internet Protocol (IP) routing
infrastructure, their chosen Host Administration Services points of presence
(POPs), and the connections between the IP’s and the POP’s. Any technology or
equipment positioned on a Subscriber’s grounds or any Telco access facilities
connecting a Subscriber's premises (or any Host Administration Services
collocation site, if applicable) are not considered part of the covered The Host
Administration Services Network.
Availability Guarantee
Constantly upholding our goal of 100% guaranteed availability of the Host Administration
Services Network, we aim to offer “Network Outage-Free” services at all times,
except during previously scheduled maintenance and upgrades. For the purpose of
this agreement, we define a “Network Outage” as any occurrence of more than 15
consecutive minutes during which a Subscriber is unable to transmit and receive
IP packets within the Host Administration Services Network.
In rare cases of a Network Outage, Host Administration Services will issue a
credit to the affected Subscriber, upon said Subscriber’s request and in
accordance with the following outlined procedure. These qualifying Network
Outages occurring during any calendar month, must be are reported by the
Subscriber to Host Administration Services and confirmed by Host Administration
Services measurements. If the reported case is validated by Host Administration
Services, the applicable credit will be equal to one day’s worth of the monthly
base IP access fee paid by Subscriber, multiplied by each hour (or portion
thereof rounded to the next hour) of the cumulative duration of such Network
Outages.
Packet Loss Guarantee
With a goal of
1% or less, Host Administration Services keeps a strict watch on the Average
Packet Loss on the Host Administration Services Network. Host Administrations
Services defines their “Average Packet Loss” by determining the average
percentage of non-delivered IP packets transmitted on the Host Administration
Services Network during any given month.
If during any
given month, Host Administration Services Network shows an Average Packet Loss
that exceeds 1%, following the guidelines below, the affected Subscriber can
request that Host Administration Services issue a credit equal to one day's
worth of the base IP access fee paid by Subscriber for the month of the
occurrence. The terms of this SLA relating to
Average Packet Loss will take effect the first full calendar month after
Subscriber’s first use of the Host Administration Services Network.
Exceptions: Credits for Subscriber
will not be covered under this SLA, if the
disruption in the Host Administration Services Network was due
to any of the following circumstances:
-
All scheduled routine service maintenance;
- Any
deliberate or residual acts not limited to those of governmental body, war,
insurrection, sabotage, embargo, fire, flood, strike or other labor
disturbance and all other acts beyond Host Administration Services
reasonable control;
- Any
actions in regards to third party services that limit availability or
interrupt or delay their telecommunications, along with failure
corresponding with third party software or inability to obtain raw
materials, supplies, or power used in or equipment needed for provision of
the Service Level Agreement;
- All
failures associated with access circuits to the Host Administration Services
Network, unless such failure is caused solely by Host Administration
Services;
- Any
interruptions beyond the direct control of Host Administration Services
including general Telco failure, DNS issues, and outage or error of any Host
Administration Services measurement system;
- All
problems occurring due to Subscriber’s acts or omissions, not limited to the
following: any purposeful transgression or negligence of the Host
Administration Services Network or wrongful use of the Host Administration
Services leading Subscriber, or another being authorized by Subscriber, to
stand in breach of displayed Host Administration Services Terms and
Conditions and Acceptable Use Policy.
Measurement
Host Administration Services Network is periodically measured for
uptime by Host Administration Services. Approximately every 15 minutes, these
measurements are taken by Host Administration Services using software and
hardware components capable of determining application traffic and responses.
Host Administration Services reserves the right to periodically change the
measurement points and methodologies it uses without notifying the Subscriber.
While Host Administration Services takes the most accurate measurements
possible, Subscribers must acknowledge the following:
-
Measurements may not gauge the exact course navigated by Subscriber’s
packets;
- Taken
measurements may not cover every POP;
- All
measurements only constitute measurements across the Host Administration
Services Network but not other networks to which Subscriber may connect.
General
Host Administration Services reserves the right to change or modify this SLA to benefit the Subscriber at any time. All changes
will be posted to a Subscriber available site, chosen by Host Administration
Services. Beyond the regulations stated in this SLA,
Host Administration Services makes no assertion in regards to the availability
or performance of the Host Administration Services Network. For legal purposes
in this SLA, “Host Administration Services and
all affiliated” refers to the company itself and all its shareholders,
directors, officers, agents, employees, representatives, and third party
contractors.
Rights and Obligations: Host Administration Services is responsible for
running and maintaining the Network and its services subject to the limitations
as stated in this SLA. Once any Subscriber data
leaves the Host Administration Services Network and enters an alternative
network, that data is subject to the acceptable use rules of the alternative
network, no matter the classification of that network. It is the Subscriber’s
full responsibility to ensure that the acceptable use rules of other networks
are followed. Host Administration Services does not monitor Subscriber
information passing through Host Administration Services Network. Any data
passed through the Network and deemed as destructive or disruptive will not be
tolerated by Host Administration Services.
Under no circumstances shall Host Administration Services, and all
affiliated, be held accountable for any damages resulting from Subscriber's
direct use or inability to use the Host Administration Services Network. In
addition, Host Administration Services will not be held liable for damages and
penalties as a consequence of Subscriber's oversights, interruptions, errors,
accidental or neglectful deletions, delays in operation or transmission, or any
failure of performance.
Under no circumstances shall Host Administration Services, and all affiliated,
be liable for interruption in services or inability to provide services due to
any acts of god, strikes, local exchange carriers' or competitive access
providers' disconnection, shut down or otherwise denial of access by provider's
upstream, and any other factor or event beyond its reasonable control,
foreseeable or unforeseeable.
Failure to Comply Provision: In case of Subscriber failure to comply with
the regulations set out in this agreement, Host Administration Services may deny
Subscriber access to the Host Administration Services Network as a whole or any
part there-within. Furthermore, if Host Administration Services has reason to
believe that Subscriber or Subscriber’s authorized users are engaging in any
conduct or actions that violate any law, local ordinance, or any given term of
this agreement, Subscriber access may be terminated, and all posts or
elimination of any data proposed to be posted by subscriber or subscriber's
authorized users will be at the discretion of Host Administration Services.
In the case of violations such as non-payment of services, Host Administration Services will
provide Subscriber with a “notice period”, which includes written notice 5
business days before termination, of its intention to deny or cut-off access to
the Host Administration Services Network. If Subscriber remedies the violation
by providing payment, within the given notice period, Host Administration
Services shall not deny or termination Network access.
If, under the requirements laid out above, Host Administration Services refuses
to grant access of the Host Administration Services Network to Subscriber,
neither Subscriber nor any Subscriber-authorized user shall have permission to
use or obtain Host Administration Services materials stored on the internet, to
receive any credit that permitted Subscribers are due, or to access third-party
services, merchandise or information on the internet through Host Administration
Services Network. Additionally, Host Administration Services will not be
responsible for notifying any third-parties associated with their services,
merchandise, or information in the event that Subscriber services are rejected
or taken away in accordance with the terms set above. Host Administration
Services will not be held accountable for any consequences resulting in lack of
notification, if Subscriber is refused access to the Host Administration
Services Network.
On top of the above stated regulations, Host Administration Services reserves
the right to cancel or revoke a customer’s service without any notice, when
necessary to preserve system integrity or in accordance with any law,
regulation, court order or any other governmental request. If such a
circumstance occurs, Host Administration Services will not be held liable to the
customer.
Interruption Allowances
To mark the beginning of an interruption period, a Subscriber must report a disturbance in
network services to the network operations center. Due to inherent design traits
of the network, and the involvement of multiple providers in providing
end-to-end connectivity, provider will not offer credits with respect to any
interruptions or degradations of access to the Network unless caused by access
facilities or hardware specifically provided or resold by Provider.
Interruption periods specifically caused by provider are separated into two
categories: those lasting 24 hours or less and those that last over 24 hours.
Interruption length includes the time it takes to reestablish logical network
connectivity. The issued credits for these distinct categories are detailed
below.
Credits for
reported interruptions 24 hours and under:
0 hours to 4 hours - No credit
4 hours to 7 hr. 59 minutes - 1/3 day credit
8 hours to 11 hr. 59 minutes - 1/2 day credit
12 hours to 17 hr. 59 minutes - 2/3 day credit
18 hours to 24 hours – One whole day credit
Credits for reported interruptions over 24 hours:
Interruptions over 24 hours will be credited 1/6 day for each 4-hour period or
fraction thereof. No more than one full day credit will be allowed for any
period of 24 hours.
Indemnification
Host Administration Services, its shareholders, contractors, and all who work for or
are affiliated with the company are agreed to be held blameless by Subscriber
from any and all liabilities, costs, expenses, including reasonable attorney's
fees, in association with or stemming from the following:
·
negligent acts or
omissions, by those who are affiliated with or work for Subscriber, in
connection with the production, installation, upholding, or removal of systems,
channels or terminal equipment or software not provided by provider which are
connected or are to be connected to the service;
·
claims for
infringement of patents or copyrights resulting from the use of equipment and
software, apparatus and systems not provided by Host Administration Services in
connection with the service or, while accessing the internet via Host
Administration Services Network; and
·
the use of the
service or the internet or the placement or transmission of any message,
information, software, or other materials on the internet by subscriber, and/or
subscriber's authorized users;
*Using all or part of Host Administrators copyrighted material is against the law.
To avoid any legal issues with Host Administrator you must not copy materials
from Host Administrator.
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