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Service Level Agreements (SLA)
1.
SERVICE UPTIME.
Maverick Publishing’s target
uptime for the
Service is 99.9% of the time in every calendar
month
and Maverick Publishing provides you with
a 99.7% Critical
Services Uptime Guarantee
as defined below. If Maverick Publishing fails
to meet the 99.7% Critical
Services Uptime Guarantee
you will be entitled to receive
a credit in
accordance
with the Credit Table
below if: (a)
you apply
for the credit within sixty (60) days
of the last
day
of the month in which the 99.7% Critical
Services Uptime Guarantee
was
not met,
and (b) more than
20% of Maverick Publishing customers
are
affected. In the event there is
a dispute regarding
credits, Maverick Publishing reserves the right to make
the final
decision
about whether credits will be provided to you. If the
availability
for any
three (3) month period is less than
98.00%, you will have
the right to terminate
your
Services
Agreement with Maverick Publishing.
a.
“99.7% Critical
Services Uptime Guarantee”
means
that
Maverick Publishing guarantees
that
Down Time with respect to the Critical
Services shall
not exceed 0.3% of the time during
a rolling two (2) month period (computed
by reference to
a 31 day
month).
b.
“Critical
Services”
means
the email
services, web hosting
services, DNS
services,
and the Maverick Publishing network to the extent that
such
services do not include Closed Source
Applications,
as defined in Section 4.
c.
“Down Time”
means
periods of time that
the Critical
Services
are not functional
and
available
to Maverick Publishing customers
and does not include
any period of time during which
services
are not functional
or available
as
a result of:
i.
maintenance,
scheduled or otherwise, performed
by Maverick Publishing;
ii.
third party
intrusions, including without limitation
denial
of
service or similar
attacks;
iii.
downtime resulting from misuse
by End-Users (as
defined in the Terms of Use)
iv.
errors or non-performance
of third-party
software,
including without limitation,
Microsoft
Access, .asp,
.jsp, Cold Fusion or Miva
Merchant;
or
v.
any event that
is not within Maverick Publishing’ control.
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Credit Table |
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Availability
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% Monthly
Service Credit |
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99.40 - 99.70 |
10% |
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99.00 - 99.40 |
20% |
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98.00 - 99.00 |
30% |
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97.00 - 98.00 |
40% |
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96.00 - 97.00 |
50% |
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95.00 - 96.00 |
60% |
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2.
WEB HOSTING-
Maverick Publishing will use commercially
reasonable
efforts to ensure that
your web site is
available
online, twenty-four (24) hours following receipt of payment
from you for
services.
3.
MAINTENANCE
SERVICES-
Maverick Publishing will provide system maintenance
as long
as this SLA
has
not been terminated
or amended.
Maintenance
is performed
at times which least
impact
Maverick Publishing’ customers based
on minimal
overall
activity on the Maverick Publishing systems. Notwithstanding
the foregoing, Maverick Publishing reserves the right, in its reasonable
discretion, to perform
any emergency work
at
any time.
4.
CLOSED SOURCE PLATFORM
APPLICATION-
ColdFusion, ColdFusion MX,
ASP,
ASP.NET, JSP,
and Miva
Merchant
applications
are hosted on
a closed source platform
(“Closed Source
Applications”).
5.
PRIVATE
LABEL
DNS-
Private
label
DNS (domain
name
servers) require 3 DNS entries, the third of which is Maverick Publishing'
generic DNS.
6.
ACCESS DATABASES-
Microsoft
Access databases
are not designed for, nor recommended for use on web sites which
receive high volumes of Internet traffic.
Maverick Publishing does not guarantee
the performance
of web sites which make
use of Microsoft
Access databases.
7.
EASYMAIL/MAILING
LISTS
a.
EasyMail
E-Mail
Accounts
are restricted to
a maximum
size of 50MB. If you exceed this limit we may
suspend or terminate
your account
and your email
messages
may
be lost.
b.
EasyMail
E-Mail
Accounts’ e-mail
transfer
limit is
a maximum
of 20MB for each
separate
request
by the mail
server.
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