SiteVision, Inc. Appendix D – AGREEMENT (SLA)

Coverage And  Definitions:
This Website Availability Service Agreement (SLA) applies to you (“customer”) if you have ordered any hosting account services from SiteVision, Inc. (the “Services”) and your account is current (i.e., not past due) with SiteVision, Inc.. As used herein, the term “Website 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 Website is available for access by third parties via HTTP and HTTPS, as measured by SiteVision, Inc.

Service Level a. Goal: SiteVision, Inc.’s goal is to achieve 100% Website Availability for all customers. b. Remedy: Subject to Sections 3 and 4 below, if the Website Availability of customer’s Website is less than 99.8%, SiteVision, 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.

Website Availability Credit Percentage:

• 99.8 to 100%…………………………..0%
• 98% to 99.8%…………………………5%
• 95% to 97.9%…………………………10%
• 90% to 94.9%…………………………25%
• 89.9% or below………………….50%

Exceptions:
Customer shall not receive any credits under this SLA in connection with and failure of deficiency of Website Availability caused by or associated with the following exceptoions:

Circumstances beyond SiteVision, Inc.’s reasonable control, including , without limitations, 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 of delay of telecommunications or third party services, virus attacks, DDOS or hackers, failure of third party software(including, without limitation, e-commerce 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  to the SiteVision, Inc Network, unless such failure is caused solely by SiteVision, Inc.;

Scheduled maintenance and emergency maintenance and upgrades;

DNS issues outside of the direct control of SiteVision, Inc.;

Issues with FTP, POP, or SMTP customer access

False SLA breaches reported as a result of outages or errors of any SiteVision, Inc, 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, willful misconduct, or use of Services in breach of SiteVision, Inc.’s Terms and Conditions and Acceptable Use Policy; Email or web mail delivery and transmission;

DNS (Domain Name Server) Propagation;

Outages elsewhere on the Internet that Hinder access to your account. SiteVision, Inc. is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. SiteVision, Inc. will guarantee only those areas considered under the control of SiteVision, Inc.: SiteVision, Inc. server links to the Internet, SiteVision, Inc.’s routers, and SiteVision, Inc.’s servers.

Credit Request and Payment Procedures:
To receive a credit, the customer must make a request therefore by sending an e-mail message to hosting@SiteVision.com. The e-mail message MUST include the domain name of the customer’s account in the “Subject” line. Each request in connection with this SLA must include the customer’s account number (per SiteVision, Inc.’s invoice) and the dates and times of the unavailability of customer’s Website and must be received by SiteVision, Inc within ten (10) business days after the customer’s Website was not available. If the unavailability is confirmed by SiteVision, Inc., credits will be applied within two billing cycles after SiteVision, Inc.’s receipt of the customer’s credit request. Credits are not refundable and 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 hosting fee paid by a customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by SiteVision, Inc. and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Website Availability of customer’s Website.

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

Performance Monitoring:

• ●  Performance monitoring and reporting will be done on a 24×7 basis using a multitude of tools to measure outages and network performance.
• ●  Uptime Robot and   – Will monitor all outside connections from our ISP’s and a monthly report of downtime can be created upon request
• ●  Nagios will be utilized on all internal systems to monitor all systems of the SiteVision network with monthly reports available on request. The following will be monitored with the Nagios systems:
  • ○  Ping and Power to all Server and network devices
  • ○  Various web services such as Cold fusion, Apache, IIS, FTP etc..
• ●  Cacti will be used on all applicable SiteVision servers and Network devices to monitor Bandwidth usage and network performance. Reporting is available upon request per device and or system.