Hosting Service Level Agreement
Provided By: Mahope, LLC - www.mahope.com
1. Coverage; Definitions
This Hosting Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the hosting services provided by Mahope, LLC, a limited liability company based in Colorado (MahopĂ)
2. Service Level
a. Goal - Mahope's goal is to achieve 99.9% network availability for all customers.
Mahope assures each Customer 99.9% uptime availability of the Mahope network and all redundant internet connectivity, including all associated network services (i.e. bandwidth, routers, switches, and cabling,) covered by this SLA (this does not include servers or applications). In the event that Mahope fails to provide Customer with the products and services purchased by Customer in accordance with the Customer Agreement and such failure results from the unavailability of the Mahope Network or any redundant internet connectivity, including all associated network services covered by this SLA (other than as specified below, each such event, a Qualified Downtime Event), Mahope will issue Customer a Service Credit as defined below.
b. Remedy -
Subject to Sections 3 and 4 below, if the network availability of customer's Web site is less than 99.9%, Mahope 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
| Network Availability |
Credit Percentage |
| 99.9% and above | 0% |
| 98% to 99.8% | 10% |
| 95% to 97.9% | 25% |
| 90% to 94.9% | 50% |
| 89.9% or below | 100% |
3. Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of service availability caused by or associated with:
1. circumstances beyond Mahope'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;
2. scheduled maintenance and emergency maintenance and upgrades;
3. DNS issues outside the direct control of Mahope;
4. issues with FTP, POP, or SMTP customer access;
5. false SLA breaches reported as a result of outages or errors of any Mahope measurement system;
6. e-mail or webmail delivery and transmission;
7. DNS (Domain Name Server) Propagation.
8. outages elsewhere on the Internet that hinder access to your account. Mahope is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.
4. Credit Request and Payment Procedures
To receive a credit, the customer must make a request therefore by sending an e-mail message to ap@mahope.com. The e-mail message MUST include the domain name of the customer's account in the "Subject" line. Each request in connection with this SLA must include the customer's account number (per Mahope's invoice) and the dates and times of the unavailability of customer's Web site and must be received by Mahope within ten (10) business days after the customer's Web Site was not available. If the unavailability is confirmed by Mahope, credits will be applied within two billing cycles after Mahope's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.
Not withstanding 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 Mahope and are customer's sole and exclusive remedy with respect to any failure or deficiency in availability of customer's hosting service.
Note: Credits are not refundable and can be used only towards future billing charges.
5. Indemnification:
CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS MAHOPE, MAHOPE'S AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS' FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER'S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY'S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
6. Limitation of Liability:
EXCEPT AS DESCRIBED IN THE SLA, MAHOPE SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. MAHOPE SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MASTER SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF MAHOPE AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.