Here at UnidenHosting.com, LLC we use only top quality custom servers, switches, and routers. This translates into great reliability and uptime. As a result, within our own facilities and server farms that are under our own control and management, we guarantee that our network will be up and functioning 100% of the time.
The following UnidenHosting's Service Level Agreement ("SLA") sets out the performance you can expect from us. To the maximum extent applicable under national law and without affecting your rights as a Consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure. While we facilitate your business on the Internet, we only have control of the services we provide directly and are not liable for your actions, the actions of third-party service providers, or the actions of individuals who use your products and services ("End Users").
1.1. "Client", "Customer", "Consumer" shall refer to the individual, partner or business activly paying for a product or service provided by UnidenHosting.
1.2. "SLA Credit", "SLA Service Credit", "SLA Service Fee" means a credit equal to one-thirtieth (1/30) of the monthly recurring Service Fees, or applicable usage rate, paid to UnidenHosting by Client (if Client is on an annual or quarterly Billing Cycle, then the credit will be calculated by dividing the Service Fees, or applicable usage rate, by 360 for annual or 90 for quarterly).
1.3. "Hardware" means the standard equipment originally installed, including (a) network interface cards (NIC), (b) hard drives, (c) SATA and SAS drive controller cards, (d) central processing units (CPU), (e) random access memory chips (RAM), (f) motherboard, (g) power supply, and (h) fans and cooling units.
1.4. "Infrastructure" means UnidenHosting Systems critical to UnidenHosting’s data center, including heating, ventilation, and air-conditioning (collectively HVAC), uninterruptable power supply (UPS), and other power and HVAC infrastructure equipment and cabling, but does not include power supplies of individual servers.
1.5. "Infrastructure Issue" means the non-functioning, in UnidenHosting’s reasonable determination, of the Infrastructure in whole or in part.
1.6. "Network" means the combination of UnidenHosting’s routers, switches, backbone connections, and cabling, but does not include services or software running on the servers (which may affect the performance or availability of the Network).
1.7. "Network Issue" means an issue with the Network resulting in Client being unable to transmit to and receive data from the UnidenHosting environment.
1.8. "Operational" means the applicable server responds to a 'ping-test' initiated by UnidenHosting.
1.9. "Client Management Portal" means the user interface which is publicly accessible for Clients to log into and interact with the management of their service enviorment.
1.10. "Support Center", "Client Area", "MYUH" means the UnidenHosting customer client panel which allows Client to modify personal account information for UnidenHosting including but not limited to: (a) order services, (b) cancel services, (c) request upgrades and (d) submit emails by ticket system per UnidenHosting departments.
2. SLA SERVICE CREDIT INELIGIBILITY
2.1. Customers who at the time of the report of the claimed outage are not current on their invoices for the Services do not qualify for service Credits related to any outages.
2.2. Customers who have not paid their invoices on time from posted due date or service anniversary date as posted on UnidenHosting.com, LLC service invoice for more than three times in the 12 months preceding the claimed outage are not eligible for service credits.
2.3. Customers who are in violation of the Terms of Service or ( "TOS" ).
2.3.1. In order to deliver a secure high-performance hosting environment, we utilize certain automated systems to limit malicious and resource-intensive activity. In some instances, non-malicious activity can appear to be malicious and trigger our systems, which may limit your ability to use our Services as set forth in Section 11 of the Terms of Service. Such limitations may result in bandwidth throttling or suspension or termination of your account, in our sole discretion. In these situations, any interruption, suspension or change in the availability of the Services will not be considered downtime and will not be eligible for a SLA Service Credit.
2.4. Reported Infrastructure Issues or Network Issues resulting from, or in connection with, any of the following:
- Scheduled or emergency maintenance.
- Force Majeure.
- Unavailability of, or interruption or delay in, Client's third party products or services (including software and telecommunications) or Client's own products or services.
- Failures occurring beyond the Network, whether in whole or in part.
- Client's acts or omissions (or acts or omissions of third parties, including Client's resellers, customers, End Users, or vendors), including negligence and misconduct.
- Client's request to re-install any operating system other than the currently supported version.
3. INFRASTRUCTURE SERVICE LEVEL
3.1. UnidenHosting's critical systems, including power and HVAC, will be available 100% of the time (excluding scheduled or emergency maintenance) in a given calendar month. Should an Infrastructure Issue occur, Client may request and UnidenHosting will issue the Client a SLA Credit for each hour of such downtime. Critical systems downtime exists if the UnidenHosting product or service is shut down due to power or heat problems and a ticket is opened for the issue in the UnidenHosting Client Area panel. An Infrastructure Issue is measured from the time the ticket is opened to the time that UnidenHosting records the problem as resolved. Client may receive an additional SLA Credit Fee provided for each additional 1-hour period that the UnidenHosting product or service is not Operational due to an Infrastructure Issue, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.
4. NETWORK SERVICE LEVEL
4.1. The Network will be available to Client free of Network Issues 100% of the time, except for scheduled or emergency maintenance, in a given calendar month. Upon Client’s written request and subject to the exceptions herein, UnidenHosting will issue the Client Account a SLA Credit for each hour of Network Issue. The duration of a Network Issue is measured from the time UnidenHosting receives notice of the Network Issue from Client through UnidenHosting's support center or Client Area to the time the product or service is able to transmit and receive data. Client may receive an additional SLA Credit for each additional 1-hour period of Network Issue, except for scheduled or emergency maintenance, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.
5. HARDWARE SERVICE LEVEL
5.1. UnidenHosting will resolve Hardware Issues at no cost to the Client within 2 hours of from the time UnidenHosting receives notice of the Hardware Issue from Client through UnidenHosting's Support Center and UnidenHosting confirms that the issue is a Hardware Issue. Upon Client's written request and subject to the exceptions herein, UnidenHosting will issue a SLA Service Credit if Client's service is not Operational, except for scheduled or emergency maintenance, for more than 2 hours from the time UnidenHosting receives notice of the Hardware Issue from Client through UnidenHosting's trouble ticket system and UnidenHosting confirms that the issue is a Hardware Issue. Client may receive an additional SLA Credit for each additional 1-hour period that the service is not Operational, except for scheduled or emergency maintenance, subject to an aggregate maximum of 30 Credits in a given month regardless of type of issue.
6. MAINTENANCE WINDOW
6.1. Weekly scheduled maintenance windows will occur from Monday at 11:30 pm Mountain Time ( "MT" ) to Tuesday at 2:30 am Mountain Standard Time. At least 7 calendar days in advance, UnidenHosting will notify Client of any planned downtime resulting from a scheduled maintenance. If there is a planned downtime resulting from an unscheduled maintenance, UnidenHosting will make a good faith effort to notify Client in advance to come to an agreement on a time for such maintenance. UnidenHosting may, at its sole commercially reasonable discretion, conduct an emergency maintenance window, at any time and without prior notice to Client, during which any or all Services may be unavailable. Downtime during scheduled or emergency maintenance is not subject to SLA Credits.
7. SLA EXCEPTIONS
7.1. We are not responsible for outages or circumstances beyond our control that hinder access to your site or server. The following are excluded from the monthly calculation of Service Availability:
- Scheduled Maintenance: occasionally upgrades, updates, and hardware replacements are required. We will take every precaution to avoid downtime but it may not always be unavoidable. Downtime during scheduled maintenance is not covered under any SLA Service Credit and not refundable.
- Hardware Maintenance: server hardware is not related to the network. We maintain thousands of servers and at some point, all hardware can and will fail. We will work quickly to restore the server and use our backups, if available, to restore service.
- Software Maintenance: while managing servers we must keep systems, OS, kernels, and other various software updated and current to avoid exploits and prolonged downtime or issues. At times this means rebooting systems and rarely unexpected problems arise that extend the maintenance window.
- Traffic conditions or outage on the Internet outside our network, issues from upstream providers, clients ISP, or local problems such as Browser or DNS caching.
- DDoS, Attacks, Exploits or hacked servers.
- Failure of individual services on a server while the network is up.
- Interruptions or failure of individual service caused by client, their employees, client's customers, friends, or family to their service.
- Inaccurate installation or configuration of software by the client or non-staff, 3rd party software, client abuse or over utilization of resources.
8. USE OF SLA CREDITS
SLA Credits may be used solely for future payments due for the particular Service or failure of other obligations for which the SLA Service Credits are issued. The SLA Credits will not be issued as a refund and may not be sold or transferred to other parties and is subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue. SLA Credits may not be used until any Client violations of the Terms of Service or ( "TOS" ) are resolved to UnidenHosting's reasonable satisfaction. Any Customer making a false or duplicative claims for Claimed Outages will incur a one-time charge of fifty dollars ($50.00) per incident for such claims. False claims are also a violation of the TOS as set forth in Section 20(20.5.)(iv) and may, in UnidenHoting's sole discretion, result in a suspension or termination of Services. SLA Credits shall expire on the termination or expiration of the TOS.
9. SLA CREDIT CLAIM PROCESS
To apply for SLA Credit, Client must email or submit a ticket to the UnidenHosting Billing Department within 3 business days of UnidenHosting's failure to meet this SLA and Customer must include the service type, domain name or server ip address, the date and time for each such failure. Client acknowledges that incomplete SLA Credit requests may be refused by UnidenHosting.