Service Level Agreement

Legal


Service Level Agreement

Acceptance Of This Agreement


Coverage

This Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the dedicated servers, colocation, Business Plus Web Hosting, Reseller Plus or Ecommerce Plus services from Internetivo (the "Services") and your account is current (i.e., not past due) with Internetivo. As used herein, the term "Server 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 or Operating System (OS) is available for access by third parties via HTTP, HTTPS, Remote Desktop, Terminal Services and SSH, as measured by Internetivo.


Goal

Internetivo's goal is to achieve 100% Server and Network Availability for all customers.


Remedy

Subject to below, if the Server Availability of customer's Server is less than 100%, Internetivo 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:


Server Availability Credit Percentage:
      99.9% to 100.00% = 0%
      99.9% to 98.00% = 1%
      97.99% to 97.00% = 3%
      Less than 96.99% = 5%

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Server Availability caused by or associated with:

  • Circumstances beyond Internetivo's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
  • Failure of access circuits to Internetivo, unless such failure is caused solely by Internetivo;
  • Scheduled maintenance and emergency maintenance and upgrades;
  • DNS issues outside the direct control of Internetivo;
  • Issues with FTP, POP, or SMTP customer access;
  • False SLA breaches reported as a result of outages or errors of any Internetivo measurement system;
  • 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, ASP, etc), any negligence, wilful misconduct, or use of the Services in breach of Internetivo's Terms of Use and Privacy Policy;
  • E-mail or webmail delivery and transmission;
  • DNS (Domain Name Server) Propagation.
  • Outages elsewhere on the Internet that hinder access to your account. Internetivo is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Internetivo will guarantee only those areas considered under the control of Internetivo: Internetivo server links to the Internet, Internetivo's routers, and Internetivo's servers.

Credit Request and Payment Procedures

In order to receive a credit, customer must make a request therefore by submitting a ticket to our billing department via contact. Each request in connection with this SLA must include customer's account number (per Internetivo's invoice) and the dates and times of the unavailability of customer's server and must be received by Internetivo within sixty (60) business days after customer's server was not available. If the unavailability is confirmed by Internetivo, credits will be applied on the next billing cycle after Internetivo's receipt of customer's credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total server fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Internetivo and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Server Availability of customer's server.

Credits are not refundable and can be used only towards future billing charges.


Taxes

At Internetivo's request Customer shall remit to Internetivo all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Internetivo) regardless of whether Internetivo fails to collect the tax at the time the related services are provided.


Development

During any development phase, Internetivo reserves all the rights to keep root system access only to its staff for security reasons.


Server Management & Security

We do not support systems out of our network.


Termination

Customer acknowledges that the amount of the fee for Services is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Internetivo terminates the Agreement for Customer's breach of the Agreement in accordance with Section (Termination), or Customer terminates the service other than in accordance with Section (Termination) for Internetivo's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due seven (7) business days following termination of the Agreement.

    • Cancellation requests must be scheduled via the provided control panel or by emailing [email protected] from your account’s Authorized E-mail Address
      Cancellations requests sent by E-mail may require additional validation or verification
      Internetivo will not process any cancellation requests sent from non-authorized contact
      Internetivo will not accept cancellation requests via phone, Live Chat, fax, or standard mail
      If you cancel your service(s), but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services

  • Prohibited Activities

    The Customer may only use Internetivo services for lawful purposes. In the event that Internetivo believes that the service is being used by the Customer illegally or in contravention with any of the terms and provisions contained in this Agreement, Internetivo has the right to immediately discontinue services to Customer without liability. Internetivo reserves the right to report any illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.


    The following are restrictive and prohibited uses, and shall be cause for the immediate termination of this Agreement, Customer’s Account, Web Services, and all Data Retention without notice to the Customer

    • Unauthorized distribution or copying copyrighted data, materials, information, or software
      Violation of United States export restrictions
      Embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities
      Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail
      Unsolicited advertising via email and/or ‘Spamming’
      Using a non-existing E-mail return address on a commercial solicitation, trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system
      Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights
      Illegal adult-oriented websites are prohibited
      IRC is prohibited
      Proxies are prohibited
      Torrents are prohibited
      Virtual Currency Mining and any long-running computational program are prohibited (BitCoin, etc.)
      Stock Trading Software

  • Special Offer - Discounted Price Offers - Cancellation

    Customer acknowledges that special offers and/or discounted price(s) for any service(s) are non-refundable.


    Modifications to this document

    We reserve the right to revise, amend, or modify this document at any time and in any manner. However, if we plan to materially change how we plan to use previously collected personal information. We encourage you to periodically review this page for the latest information on our practices. You can find when this document was last updated at the bottom of this page.

    If you have any questions about this document or the practices described herein, you may contact us.



    Last modified: Wednesday 2018/09/26 04:40