Service Level Agreement

1. Coverage Definitions

This Web Site Availability Service Level Agreement (SLA) applies to you (“customer”) if you have ordered any of the following hosting account services (the “Services”) from Bright Arrow and your account is current (i.e., not past due) with Bright Arrow:

Shared Web Hosting Plans (Virtual Server) or Virtual Private Servers. As used herein, the term “Web Site 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 Web site is available for access by third parties via HTTP, as measured by Bright Arrow.

2. Service Level

Bright Arrow’s goal is to achieve 100% Web Site Availability for all customers.

Subject to Sections 3 and 4 below, if the Web Site Availability of customer’s Web site is less than 99% in any month, Bright Arrow 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:

3. Exceptions

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:

1. circumstances beyond Bright Arrow’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, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain supplies, or power used in or equipment needed for provision of this SLA;
2. attacks by viruses or hackers, including Distributed Denial of Service (dDoS) attacks against Bright Arrow network(s).
3. failure of access circuits to the Bright Arrow Network, unless such failure is caused solely by Bright Arrow;
4. scheduled maintenance and system upgrades, or emergency maintenance;
5. DNS issues outside the direct control of Bright Arrow;
6. issues with FTP, POP, IMAP, or SMTP customer access;
7. false SLA breaches reported as a result of outages or errors of any Bright Arrow measurement system;
8. 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, etc), any negligence, willful misconduct, or use of the Services in breach of Bright Arrow’s Terms and Conditions and Acceptable Use Policy;
9. e-mail or web mail delivery and transmission;
10. DNS (Domain Name Server) Propagation.
11. outages elsewhere on the Internet that hinder access to your account. Bright Arrow is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Bright Arrow will guarantee only those areas considered under the control of Bright Arrow: Bright Arrow server links to the Internet, Bright Arrow’s routers, and Bright Arrow’s servers.

4. Credit Request and Payment Procedures

In order to receive a credit, customer must make a request for credit by email or fax to Bright Arrow. Each request in connection with this SLA must include customer’s account number (per Bright Arrow’s invoice) and the dates and times of the unavailability of customer’s Web site and must be received by Bright Arrow within ten (10) business days after customer’s Web Site was not available. If the unavailability is confirmed by Bright Arrow, credits will be applied within two billing cycles after Bright Arrow’s receipt of customer’s credit request.

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 customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Bright Arrow and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer’s Web site.