Service Level Agreement (SLA) 

Coverage Definitions:

This Service Level Agreement (SLA) applies to all customers who have ordered VPS or Hosting Service from Alpha Net and your account is current (i.e., not past due). As used herein, the term "VPS 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 server is available for access by third parties via one of RDP/Terminal Services, ICMP, HTTP or HTTPS as measured by Alpha Net unless a local firewall on the customer VPS server prevents such monitoring.

Service Level:

Goal:

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The goal of Alpha Net is to achieve 100% Server/Network Availability for all customers.

Remedy:

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Subject to Sections 3 and 4 below, if the VPS Server Availability of customer's VPS Server is less than 100%, Alpha Net 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:

VPS Server Availability Credit Percentage:

• 99.9 to 100%: 0%
• 97% to 99.8%: 10%
• 94% to 96.9%: 25%
• 90% to 93.9%: 50%
• 89.9% or below: 100%

Exceptions:

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

1. Circumstances beyond reasonable control of Alpha Net, 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;
2. failure of upstream access circuits to the Alpha Net Network, unless such failure is caused solely by Alpha Net;
3. Scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of Alpha Net;
5. Issues with FTP, POP, IMAP, or SMTP customer access;
6. False SLA breaches reported as a result of outages or errors of any Alpha Net measurement system;
7. 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 the Alpha Net Terms and Conditions Policy;
8. E-mail or webmail delivery and transmission;
9. DNS (Domain Name Server) Propagation.
10. Outages elsewhere on the Internet that hinder access to your account. Alpha Net is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Alpha Net will guarantee only those areas considered under the control of Alpha Net: Alpha Net server links to the Internet, Alpha Net's routers, and Alpha Net's servers.

Credit Request and Payment Procedures:

In order to receive a credit, the customer must make a request therefore by sending an email message to server- [email protected]. Each request in connection with this SLA must include the customer's user name and the dates and times of the unavailability of the customer's VPS Server and must be received by Alpha Net within ten (10) business days after the customer's VPS Server was not available. The credit report must include Trace Route or Ping Response with Date/Time Stamp demonstrating unavailability of Customer VPS during the reported downtime. If the unavailability is confirmed by Alpha Net, credits will be applied within two billing cycles after Alpha Net's receipt of the customer's credit request.

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

This Service Level Agreement, and the terms herein, may be changed or amended anytime at Alpha Net's sole discretion.