This Hosting Service Level Agreement (“Agreement”) is a contract between the person or entity using the Company’s Services (“Customer”) and Gooder Marketing Inc. (“Company”) and applies to Customer’s use of the Company’s Services. Customer must read, agree with and accept all of the terms and conditions contained in this Agreement. The Company may amend this Agreement at any time by posting a revised version on its website.
- Services.
For purposes of this Agreement, the services to be provided by the Company (“Services”) are those services which Customer requested be supplied by the Company and for which Customer agreed to pay.
- Servers Availability.
The Company is fully committed to providing quality service to all customers. To support this commitment, the Company provides the following commitments and tools related to this Agreement.
2.1 Application (Web) Server.
(a) Availability. The Company guarantees a 99.9% monthly average of scheduled availability of its Application (Web) Servers. Application (Web) Server availability is defined as Customer’s ability, via web browser, to retrieve the HTTP headers from a hosting server. The Company does not monitor availability of individual web sites but only monitors the server availability as a whole.
(b) Monitoring. To verify that the server is available, the Company will ping the HTTP service on the server by retrieving HTTP headers every 5 minutes with a 30-second threshold. If an HTTP service does not respond, the server is considered non-operational and is automatically rebooted. If rebooting the server does not solve the problem, it is immediately escalated to the Support Center.
In cases where two or more consecutive HTTP tests fail, the server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than 5 minutes in duration is not recorded. The Company calculates server uptime based on this type of server monitoring.
2.2 Network Availability.
Network availability is defined as the Company’s network’s ability to pass incoming and outgoing TCP/IP traffic. A server’s unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Customer’s portion of the network are beyond the Company’s control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Company’s control and are not included in uptime calculations.
2.3. Penalty For Non-Compliance.
(a) Application Server Availability. Upon Customer’s notice to the Company, if availability of any server for the month is below the guaranteed level, the Company will refund to Customer, according to the schedule below, a portion of the monthly fees charged for the month during which such loss of server availability occurred:
Server availability 99.0% – 99.9%: 5% of monthly fee credited
Server availability 98.0% – 98.9%: 10% of monthly fee credited
Server availability 95.0% – 97.9%: 15% of monthly fee credited
Server availability 90.0% – 94.9%: 25% of monthly fee credited
Server availability 89.9% or below: 2.5% credited for every 1% of lost availability
To receive the refund, Customer must specifically request it during the month following the month for which the refund is requested. Customer must provide all dates and times of server unavailability along with Customer’s account username. This information must be submitted to the Company Support Department. The Company will compare information provided by Customer to the server availability monitoring data that the Company maintains. A refund is issued if the unavailability warranting the refund is confirmed.
(b) Maximum Total Penalty. The total refund to Customer for any Service shall not exceed 50% of the monthly fees charged to that Service during the month for which the refund is to be issued.
(c) Credits may not be issued if Customer account is past due, suspended, or pending suspension.
- Server Storage Capacity.
Each account is allotted storage capacity on the Company’s servers according to the plan or options selected by Customer. This storage size can be increased through request at anytime.
- Ownership of Data.
All data (a) created by Customer and/or (b) stored by Customer within Company’s applications and on the Company’s servers are Customer’s property and is for Customer’s exclusive use unless access to such data is permitted by Customer. The Company shall allow access to such data by authorized Company personnel and shall provide access in compliance with the Company’s Privacy Policy. The Company makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the Customer’s server space and applications on the Company’s servers.
- Data Integrity.
The Company employs sophisticated RAID techniques to ensure the integrity of the data on its servers, and the data is written to two disks simultaneously to prevent data loss in the event of hardware failure. The Company reserves the right to place accounts on non-RAID servers as necessary. Routine backups are performed for emergency recovery purposes only. THE COMPANY SHALL NOT RESTORE THE DATA UPON CUSTOMER’S REQUEST. Web server raw log files are not included in the backups and cannot be recovered during server restoration.
In the event of data corruption, hardware failure or other data loss, the Company will make efforts to restore lost or corrupted data from server backups. The Company shall not be responsible for lost data or site content. The Company recommends that Customer maintain a local copy of all data uploaded or stored on the Company servers.
- Data Retention.
THE COMPANY SHALL NOT RETAIN ANY OF CUSTOMER’S DATA AFTER ACCOUNT TERMINATION. ALL DATA IS DELETED (A) FROM THE SERVERS AT THE TIME THE ACCOUNT IS TERMINATED AND (B) FROM BACK-UPS DURING SCHEDULED BACK-UP ROTATION. THE COMPANY SHALL NOT RESTORE, “BURN” TO CD, OR SEND OUT ANY DATA PERTAINING TO TERMINATED ACCOUNTS.
- Customer Responsibilities.
To access the Company Services Customer must provide to the Company the following minimum requirements:
(a) an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
(b) a fully functional Internet browser;
(c) tools to develop and publish content as Customer deems necessary;
(d) tools to access database servers if such services are purchased by Customer as part of the Services.
- Privacy Statement.
The Company values the privacy of its customers. Please refer to The Company’s Privacy Policy for further information.Our friendly experts and proven approach simplify the process for you. We’ll Plan, Educate, Develop and Deliver a solution that’s simple to understand and ensures your marketing goals are reached. Starting from the first call or email to us, you’ll feel the stress start to peel away. We’ll listen and quickly dial in on your goals.
