Hosting Service Level Agreement

Coverage; Definitions

This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following hosting account services from StrikeHawk eCommerce Inc. (the "Services") and your account is current (i.e., not past due) with StrikeHawk eCommerce Inc.:  Shared Web Hosting Plans (Virtual Server) or Virtual Private Servers. As used herein, the term "Web Site Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer's Web site is available for access by third parties via HTTP, as measured by StrikeHawk eCommerce Inc..

  1. Service Level
    1. Goal: StrikeHawk eCommerce Inc.'s goal is to achieve 100% Web Site Availability for all customers.
      1. Remedy:  Subject to Sections 2 and 3 below, if the Web Site Availability of customer's Web site is less than 99.9% in any month, StrikeHawk eCommerce Inc. will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
        Web Site Availability Credit Percentage
        98.9% to 99.9% 0%
        95% to 98.9% 15%
        90% to 94.9% 30%
        89.9% or below 100%

      2. Exceptions
        Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
        1. circumstances beyond StrikeHawk eCommerce Inc.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain supplies, or power used in or equipment needed for provision of this SLA;
        2. attacks by viruses or hackers, including Distributed Denial of Service (dDoS) attacks against StrikeHawk eCommerce Inc.'s network.
        3. failure of access circuits to the StrikeHawk eCommerce Inc. Network, unless such failure is caused solely by StrikeHawk eCommerce Inc.;
        4. scheduled maintenance and system upgrades, or emergency maintenance;
        5. DNS issues outside the direct control of StrikeHawk eCommerce Inc.;
        6. issues with FTP, POP, IMAP, or SMTP customer access;
        7. false SLA breaches reported as a result of outages or errors of any StrikeHawk eCommerce Inc. measurement system;
        8. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), 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 StrikeHawk eCommerce Inc.'s Terms and Conditions and Acceptable Use Policy;
        9. e-mail or webmail delivery and transmission;
        10. DNS (Domain Name Server) Propagation.
        11. outages elsewhere on the Internet that hinder access to your account. StrikeHawk eCommerce Inc. is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. StrikeHawk eCommerce Inc. will guarantee only those areas considered under the control of StrikeHawk eCommerce Inc.: StrikeHawk eCommerce Inc. server links to the Internet, StrikeHawk eCommerce Inc.'s routers, and StrikeHawk eCommerce Inc.'s servers.
      3. Credit Request and Payment Procedures
        1. In order to receive a credit, customer must make a request for credit by email or fax to StrikeHawk eCommerce Inc.. Each request in connection with this SLA must include customer's account number (per StrikeHawk eCommerce Inc.'s invoice) and the dates and times of the unavailability of customer's Web site and must be received by StrikeHawk eCommerce Inc. within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by StrikeHawk eCommerce Inc., credits will be applied within two billing cycles after StrikeHawk eCommerce Inc.'s receipt of customer's credit request.
        2. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by StrikeHawk eCommerce Inc. and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.