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You Got Net, LLC' Hosting Services are backed by specific service level guarantees. If these guarantees are not met, the credit set forth below will be issued if requested by the customer and verified by You Got Net, LLC, following the procedures outlined below. The total of all credits provided under the SLA are limited to the monthly recurring charges for the affected Hosting Services for the affected month of service.
You Got Net, LLC IP Network, as defined in this section, is guaranteed to be available and capable of forwarding IP packets 99.9% of the time, as averaged over a calendar month. You Got Net, LLC IP Network includes the customer's access port (the port on You Got Net, LLC switch upon which the customer's access terminates) and You Got Net, LLC IP Network. You Got Net, LLC IP Network includes You Got Net, LLC owned and controlled routers and switches plus connectivity provided to You Got Net, LLC by the various providers from whom You Got Net, LLC may purchase IP transit directly over facilities the providers own and control.
The You Got Net, LLC Network Availability guarantee does not include the local access circuit (e.g. local loop) or Customer Premises Equipment ("CPE") unless those services are provided by You Got Net, LLC. You Got Net, LLC Network Availability guarantee does not include the Customer's Local Area Network (LAN), scheduled maintenance events, customer-caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events. The You Got Net, LLC Network Availability guarantee does not include any customer server hardware failure. The You Got Net, LLC Network Availability guarantee does not include mobile carriers, as such carriers restrictions may restrict or filter access to the servers and are beyond the control of You Got Net, LLC.
If the Network Availability guarantee is not met in a calendar month, the customer may request a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the .01% guaranteed under this SLA. Limits on the credit and the reporting procedures are detailed below.
You Got Net, LLC will make it's highest priority to correct interruptions in service within a reasonable time after receiving notice from Client. You Got Net, LLC will strive to keep its services running reliably, but You Got Net, LLC will not be held responsible for any losses the client may incur due to interruption of service of any kind. Businesses should ensure that they have adequate business insurance, and we recommend contacting an insurance agent or broker. As a client of You Got Net, LLC, you agree to indemnify, defend and hold harmless You Got Net, LLC, its officers, directors, members, employees, affiliates, or resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) that may arise from your use of You Got Net, LLC services. Unless specifically addressed and mutually agreed to within a service level agreement or security plan, You Got Net, LLC will not cover customers for any loses due to hacker attacks, denial of services attacks or other criminal activities. If your business relies on its website for commercial purposes, it is the customer's responsibility to ensure proper business insurance is obtained.
You Got Net, LLC guarantees 99.5% monthly average scheduled availability of its Mail Servers. Mail Server availability is defined as client's ability to send (SMTP) and retrieve (POP3) e-mail via the particular mail server. You Got Net, LLC does not monitor individual mail sites but only monitors the server as a whole. Mail server unavailability caused by denial of service attacks, mail bombing, and other flooding techniques is not included in uptime calculations. Mail delivery protocol (SMTP) is a "store-and-forward" type of protocol that does not guarantee immediate delivery of e-mail messages. In the case the first delivery attempt is failed mail server re- attempt to deliver messages to the addressee according to a predefined schedule. In the case the messages cannot be delivered for a period of time exceeding 6 hours, the messages are returned to the sender.
To receive credits, the customer must contact You Got Net, LLC customer service within 5 business days of the occurrence by sending an e-mail to: info@yougotnet.com. This e-mail must contain documentation supporting the claim of an SLA violation such as PING and/or traceroute output taken at the time of the occurrence which demonstrates the problem(s) being reported. You Got Net, LLC will take all measures it deems appropriate to investigate reported outages. Determination of credits due pursuant to this SLA will be made solely by You Got Net, LLC.
Total credits under this SLA are limited to the monthly recurring charge for the affected Hosting Services for the month in which the service does not meet the guarantees.
You Got Net, LLC employs sophisticated RAID techniques to ensure the integrity of the data on its servers; the data is written to two disks simultaneously to prevent data loss in the event of hardware failure. You Got Net, LLC reserves the right to place accounts on non-raid servers as necessary. Routine backups are performed for emergency recovery purposes only. COMPANY SHALL NOT RESTORE THE DATA UPON YOUR REQUEST. Web server raw log files are not included in the backups and cannot be recovered during server restoration. In the event of data corruption, hardware failure or other data loss, You Got Net, LLC will make efforts to restore lost or corrupted data from server backups. You Got Net, LLC shall not be responsible for lost data or site content. You Got Net, LLC recommends that Customer maintain a local copy of all data uploaded or stored on You Got Net, LLC servers.
You Got Net reserves the right to maintenance its equipment and therefore have services interrupted during morning hours of 1:00 a.m. and 6:00 a.m. if deemed necessary. These service interruptions are not included in You Got Net, LLCs Network Available Guarantee. You Got Net, LLC may find it necessary to maintenance the equipment during normal business hours if the maintenance is required to protect the integrity of the equipment; this service interruptions are not included in You Got Net, LLCs Network Available Guarantee.
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: