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Service Level Agreements (SLA)
Maverick Publishing provides Internet World Wide Web page hosting, Marketing, and
Development. Maverick Publishing endeavors to have the content of your Web
site available and to meet certain guarantees posted at www.maverickpublishing.net. This Service Level Agreement ("SLA") outlines
those agreements and guarantees. Maverick Publishing retains sole
discretionary power when determining if a guarantee has not been met.
99.9% Uptime Guarantee
(1.)
Coverage
This
99.9% uptime guarantee applies to any Maverick Publishing client in good
financial standing with Maverick Publishing at the time of a service outage.
(2.)
Service Level Agreement & Specifications
Maverick Publishing endeavors to have the content of your web site available for http
access by any party in the world 99.9% of the time. Network downtime
(unavailability) is defined as 100% packet loss from Maverick Publishing to
its backbone providers. Downtime is measured past 10 minutes after
notification of network failure via Maverick Publishing's online ticketing
system. If the ticketing system itself is unreachable, the ticket must be
started by calling the Maverick Publishing NOC. Maverick Publishing's
administrators will determine the end of the downtime by a trace-route to
the customer's machine from outside the Maverick Publishing network.
(3.)
Credits
a.
Shared Hosting - In the event that your web site is not available for more
than 99.9%, Maverick Publishing will credit the following month's service
fee as follows. For any shared hosting client, such credit shall be
retroactive and shall be as calculated below and as measured 24 hours a day
in a calendar month, with the maximum credit not to exceed fifty (50)
percent of the monthly service charge for the affected month.
Monthly
Uptime Credit
-
95% to
99.8%
10%
-
90% to
94.9%
20%
-
89.9%
or below
50%
b.
Managed Dedicated Servers - For managed dedicated server customers if the
uptime is between 98.9% and 99.9% for any particular month the credit shall
be retroactive and equivalent to the difference between the guaranteed level
of availability of the customer's services during the month and the
calculated actual level of availability of the customer's services,
multiplied by the actual charges incurred by the customer for the services
during that month period. In addition, for managed dedicated server,
customers may be entitled to additional credits as calculated below and as
measured 24-hours a day in a calendar month, with the maximum credit not to
exceed twenty-five percent (25%) of the monthly service charge for the
affected month.
Minutes
of continuous downtime Credit
In order
for you to receive a credit on your account, you must request such credit
within seven (7) days after you experienced the down time. You must request
credit by sending an electronic mail message to refunds@maverickpublishing.net.
For security, the body of this message must contain your account number, the
dates and times of the unavailability of your website, and such other
customer identification requested by Maverick Publishing. Credits will
usually be applied within sixty (60) days of your credit request. Credit to
your account shall be your sole and exclusive remedy in the event of an
outage.
(4.)
Restrictions
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:
a. Circumstances beyond
Maverick Publishing'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,
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;
b. failure
of access circuits to the Maverick Publishing Network, unless such failure
is caused solely by Maverick Publishing;
c. scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of
Maverick Publishing;
e. issues with FTP. POP, IMAP, or SMTP customer access;
f. false SLA breaches reported as a result of outages or errors of any
Maverick Publishing measurement system;
g.
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 the Services in breach of Maverick Publishing's Terms
and Conditions and Acceptable Use Policy;
h. e-mail
or webmail delivery and transmission;
i.
DNS (Domain Name Server) Propagation.
j.
outages elsewhere on the Internet that hinder access to your account.
Maverick Publishing is not responsible for browser or DNS caching that may
make your site appear inaccessible when others can still access it. Maverick
Publishing will guarantee only those areas considered under the control of
Maverick Publishing: Maverick Publishing server links to the Internet,
Maverick Publishing's routers, and Maverick Publishing's servers.
Latency
Guarantee
Maverick Publishing's goal is to keep Average Round-Trip Latency on the
Maverick Publishing Network to 85 milliseconds or less. "Average Round-Trip Latency",
with respect to a given month, means the average time required for
round-trip packet transfers between Selected POPs on the Maverick Publishing
Network during such month, as measured by Maverick Publishing. If Average
Round-Trip Latency on the Maverick Publishing Network for a calendar month
exceeds 85 milliseconds, then upon Customer's request (in accordance with
the procedure set forth below), Maverick Publishing will issue a credit to
Customer equal to and not to exceed in any calendar month one day's worth of
the Access Fee (as defined below) paid by Customer for such month.
Packet
Loss Guarantee
Maverick Publishing's goal is to keep Average Packet Loss on the
Maverick Publishing
Network to 1% or less. "Average Packet Loss", with respect to a given month,
means the average percentage of IP packets transmitted on the Maverick
Publishing Network during such month that are not successfully delivered, as
measured by Maverick Publishing. If Average Packet Loss exceeds 1% during a
calendar month, then upon Customer's request (in accordance with the
procedure set forth below), Maverick Publishing will issue a credit to
Customer equal to and not to exceed in any calendar month one day's worth of
the Access Fee (as defined below) paid by Customer for such month.
The
terms of this SLA relating to Average Round-Trip Latency and Average Packet
Loss will take effect the first full calendar month after Customer's first
use of the Maverick Publishing Network.
Access
Fee Definitions
For
dedicated/colocation/managed hosting Customers, the Access Fee consists
solely of the base monthly fee paid by Customer for standard server
packages, including the use of the server, the use of electricity to the
extent provided to the Customer without additional charge, and up to the
amount of data transfer allowed each month without additional charge. The
Access Fee for purposes of the SLA credit excludes all other fees which
might be charged to the Customer, including, without limitation, charges
relating to managed services, incremental bandwidth usage and fees for
electricity, extra IP addresses, RAM, or hard drives beyond that which is
available without additional charge under Maverick Publishing's standard
rates. This list of potentially excluded fees is offered solely for purposes
of illustration and not by way of limitation.
The
Access Fee for all other Customers is the base monthly access fee paid by
Customer for use of the applicable OMEGABYTE.NETWORKS service at the amount
of data transfer allowed each month without additional charge, excluding
set-up fees, fees for additional services, and for server and other types of
options. Such excluded fees will vary by the type of applicable service, and
could consist of fees for local loop, extra and/or burstable bandwidth,
add-on components, extra IP addresses, hourly support charges, electricity
when an additional fee is charge for such an item, and managed services.
This list of potentially excluded fees is offered solely for purposes of
illustration and not by way of limitation. |
