Lakefront Media, Inc. guarantees 99.99%+ availability of shared services. “Shared Services” are defined as any services provided by Lakefront Media, Inc. to a Customers via server(s) that are not dedicated to that Customer (by means of Customer having contracted with Lakefront Media, Inc. for the dedicated use of said server).
1. Coverage; Definitions:
This Service Availability Service Level Agreement (SLA) applies to you (“Customer”) if you have ordered any shared services from Lakefront Media, Inc. (the “Services”), if your account is current (i.e., does not have a past due balance) with Lakefront Media, Inc., and if the SLA is included in your Master Services Agreement with Lakefront Media, Inc. (where it has been a standard clause since 2004). As used herein, the term “Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that all of your services are available for access by third parties, where such services may include access to your web sites via HTTP and HTTPS, access to files via FTP or SFTP, access to delivered email via POP, IMAP, and WebMail, access to send email via SMTP, access to email via MobileSync, and collection and processing of SecureForm data. Availability does not include access to services not purchased by your account or access to services suspended due to an actual or supposed violation of Lakefront Media, Inc.’s Acceptable Use Policy (AUP). Availability is measured by Lakefront Media, Inc.’s monitoring tools.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
- circumstances beyond Lakefront Media, Inc. 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);
- attacks by viruses or hackers, including Distributed Denial of Service (dDoS) attacks against Lakefront Media, Inc. network;
- scheduled maintenance and system upgrades, or emergency maintenance;
- any DNS or Domain Registry issues outside the direct control of Lakefront Media, Inc. including DNS and Registry propagation issues and expiration;
- 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 customer’s account in breach of Lakefront Media, Inc. Master Services Agreement or Acceptable Use Policy;
- acts or omissions of other customers (or acts or omissions of others engaged or authorized by other customers) sharing the affected server(s) with customer, including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, willful misconduct, or use of the other customers’ account in breach of Lakefront Media, Inc. Master Services Agreement or Acceptable Use Policy;
- issues with 3rd party email systems, including refusal or rejection of email by 3rd party mail systems;
- delays in email delivery;
- delayed or inappropriately blocked email due to issues with McAfee/Intel or Email Filtering programs
- false SLA breaches reported as a result of outages or errors of any Lakefront Media, Inc. measurement system;
- outages elsewhere on the Internet that hinder access to your account. Lakefront Media, Inc. is not responsible for browser, DNS, or other caching that may make your web site or email appear inaccessible when others can still access it. Lakefront Media, Inc. will guarantee only those areas of the Internet considered under the control of Lakefront Media, Inc.: Lakefront Media, Inc. servers’ links to the Internet, Lakefront Media, Inc. routers, and Lakefront Media, Inc. servers themselves.
3. Credit Request and Payment Procedures:
In order to receive a credit, customer must make a request for credit by filing a support ticket in the Lakefront Media, Inc. members’ portal. Each request in connection with this SLA must include the dates and times of the unavailability of customer’s Services, a description of the perceived problem, and must be received by Lakefront Media, Inc. within ten (10) business days after customer’s Services were not available. If the unavailability is confirmed by Lakefront Media, Inc., credits will be applied within 30 days of Lakefront Media, Inc.’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 shared hosting fees paid by customer for said month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Lakefront Media, Inc. and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Availability of customer’s services.