Winner's Peak: Premium Web Site Design and Hosting
   

       Terms of Use and Conditions - Service Level Agreement





Winner's Peak understands the importance of network availability to our customers. Thus we are making commitments to our customers in the form of a Web and Email Hosting Service Level Agreement (SLA). We have developed the following SLA to ensure maximum performance and uptime.

A. Network Uptime
Winner's Peak guarantees that the network will be available 99.5% of the time in a given month, excluding scheduled maintenance. If Network Availability does not meet our 99.5% uptime guarantee, credits will be made available to each Customer on a case by case basis, not to exceed 50% of their base monthly fee. Network uptime includes all network infrastructure including routers and switches but does not include services or third-party software running on the Customer's server. Network downtime exists when a particular customer is unable to send or receive data from a server and such failure has been clearly and fully communicated to our Technical Support Team up until the server is able to send and receive data again, as confirmed by Winner's Peak's own monitoring systems.

B. Email Hosting
Winner's Peak guarantees that the email hosting services will be available 99.5% of the time in a given month, excluding scheduled maintenance. If Network Availability does not meet our 99.5% uptime guarantee, credits will be made available to each Customer on a case by case basis, not to exceed 50% of their base monthly fee.

In addition, Winner's Peak has built a fail-over system/redundancy into its mail servers with the addition of an external mail server (outside of it’s primarily network) to store and queue incoming/outgoing mail from our Customers in the event of a connectivity/email outage. During such an event, as soon as email services have been properly restored, the queued messages will immediately be delivered to their respective Customer mailboxes. Again, network downtime exists when a particular customer is unable to send or receive data from a server and such failure has been clearly and fully communicated to our Technical Support Team up until the server is able to send and receive data again, as confirmed by Winner's Peak's own monitoring systems.

IMPORTANT NOTE: Email is backed-up on a daily basis. ONLY mailbox owners who choose to LEAVE email in their mailboxes will be backed-up. Winner's Peak Customer email aliases which FORWARD to personal and/or work-related email addresses cannot and WILL NOT be backed-up. Any account that ignores Winner's Peak's NO SPAM TOLERANCE policy and sends SPAM anyway will be immediately terminated.

B. Exceptions
1) This SLA does not apply to delinquent customers.
2) Scheduled maintenance.
3) Outages between Winner's Peak's Internet Connectivity Provider and our internal web servers.
4) Any networks or network equipment not owned or controlled by Winner's Peak.
5) Circumstances beyond reasonable control, including, without limitation, natural acts of God, 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, e-commerce 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.
6) 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, ASP, etc.) and also including unauthorized, unlawful email practices such as SPAM (see Article 3a).
7) Any negligence, willful misconduct, or use of the Services in breach of Winner's Peak's Terms and Conditions; by user or other users.
8) DNS (Domain Name Server) issues with Winner's Peak's DNS Management Provider (dns.widge.net) outside the direct control of Winner's Peak.
9) False outages reported as a result of any Winner's Peak measurement system problems or errors.

C. Credits
In order to receive credit, the Customer must submit a detailed email describing the outage within three (3) days of the incident. The date and approximate time must be included in the email. If Winner's Peak confirms the outage, a credit will be applied within two (2) business days.



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