This SNH Network and Cluster Service Level Agreements (SLA) provides Customers with certain rights and remedies regarding the performance of the SNH Cluster and Network. The Cluster SLA applies only to Customers receiving the following services from SNH: (i) web cluster hosting (ii) dedicated cluster node services. Notwithstanding the foregoing, these SNH Cluster SLA does not apply to services such as, by way of example but not limitation, legacy shared hosting, non-clustered standalone dedicated servers, or other special services such as VOIP telephony, etc. The SNH Network SLA shall apply to non-cluster services. SNH will issue a credit to Customer for Outages in an amount equal to one day's worth of the Base Fee paid by Customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages during a particular month.

"Base Fee" consists solely of the base monthly fee paid by Customer for the affected SNH service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, charges for additional services such as software licenses, incremental bandwidth usage, electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under SNH standard rates, support charges, and other types of optional additional services. For example, for Dedicated Cluster Node Customers, the Base Fee may include just the fee for the standard server package, which would cover the use of the server and up to the amount of data transfer allowed each month without additional charge. For Customers of other SNH services, the Base Fee may include just the base monthly access or bandwidth fee paid by a Customer.

"Network Outage" means an unscheduled instance in which no traffic can pass in or out of the SNH router and/or complete SNH IP network through which Customer server(s) connect to the Internet Backbone for more than 15 consecutive minutes.

"Cluster Outage" means an unscheduled instance in which no traffic can pass in or out of the Cluster web servers for more than 15 consecutive minutes causing full website down time. Examples of Cluster Outages will be when ALL client websites served within the Cluster are inaccessible due to (for example) a network or power outage upstream from our services.

Summary of Cluster SLA: The SNH Cluster will be available to Customer free of Outages 100% of the time.

Summary of Network SLA: The SNH Network will be available to Customer free of Outages 100% of the time. We cannot provide up-time guarantees on non-clustered (non-redundant) equipment such as dedicated servers, but will use commercially reasonable efforts to keep all non-redundant servers running 100% of the time.

Maintenance Window: SNH regular maintenance window is from Wednesday at 11:00 p.m. to Thursday 3:00 a.m. Eastern Standard Time. Regular and emergency maintenance, if time permits, will take place during this window, on notice to Customer.

Exceptions: Customer shall not receive any credits under these SLAs in connection with any failure or deficiency of the Cluster or Network caused by or associated with:

  1. Circumstances beyond SNH's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, 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 or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the SLAs;
  2. Failure of access circuits to the network, unless such failure is caused solely by SNH;
  3. Scheduled maintenance and emergency maintenance and upgrades;
  4. DNS issues outside the direct control of SNH;
  5. False SLA breaches reported as a result of outages or errors of any measurement system; or
  6. Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the Network or services in breach of SNH Terms and Conditions of Service or the SNH acceptable use policies.

Credit Request Procedures: In order to receive a credit, Customer must make a request in writing (email is sufficient) to their sales representative. Each request in connection with an Outage must be received by SNH within seven days of the Outage and must be confirmed by SNH measurements. Each valid credit will be applied to an invoice of Customer within two billing cycles after SNH receipt of Customer's request therefore. Credits are exclusive of any applicable taxes charged to Customer or collected by SNH. Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with Outages in any calendar month will not exceed the Base Fee paid by Customer for such month.