This page consists of the service level agreement (sla) for Mac and UNIX-based shared web hosting plans. Content includes the uptime (up-time) guarantee.

Service Level Agreement
for Mac and Unix Web Hosting Services

1. Coverage; Definitions

   This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following hosting account services from Ultradesign Internet (the "Services") and your account is current (i.e., not past due) with Ultradesign Internet:  Shared Web Hosting Plans (Virtual Server) or Virtual Private Servers. As used herein, the term "Web Site Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer's Web site is available for access by third parties via HTTP, as measured by Ultradesign Internet.

2. Service Level
   
   
   1. Goal:

      Ultradesign Internet's goal is to achieve 100% Web Site Availability for all customers.

   2. Remedy:

      Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 99% in any month, Ultradesign Internet 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 Services:

      Web Site Availability	Credit Percentage
      99% to 100%	0%
      95% to 98.9%	10%
      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 Web Site Availability caused by or associated with:

   1. circumstances beyond Ultradesign Internet'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, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain supplies, or power used in or equipment needed for provision of this SLA;
      
      
   2. attacks by viruses or hackers, including Distributed Denial of Service (dDoS) attacks against Ultradesign's network.
      
      
   3. failure of access circuits to the Ultradesign Internet Network, unless such failure is caused solely by Ultradesign Internet;
      
      
   4. scheduled maintenance and system upgrades, or emergency maintenance;
      
      
   5. DNS issues outside the direct control of Ultradesign Internet;
      
      
   6. issues with FTP, POP, IMAP, or SMTP customer access;
      
      
   7. false SLA breaches reported as a result of outages or errors of any Ultradesign Internet measurement system;
      
      
   8. 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 Services in breach of Ultradesign Internet's Terms and Conditions and Acceptable Use Policy;
      
      
   9. e-mail or webmail delivery and transmission;
      
      
   10. DNS (Domain Name Server) Propagation.
       
       
   11. outages elsewhere on the Internet that hinder access to your account. Ultradesign Internet is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Ultradesign Internet will guarantee only those areas considered under the control of Ultradesign Internet: Ultradesign Internet server links to the Internet, Ultradesign Internet's routers, and Ultradesign Internet's servers.
       
       
4. Credit Request and Payment Procedures

   In order to receive a credit, customer must make a request for credit by email or fax to Ultradesign Internet. Each request in connection with this SLA must include customer's account number (per Ultradesign Internet's invoice) and the dates and times of the unavailability of customer's Web site and must be received by Ultradesign Internet within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Ultradesign Internet, credits will be applied within two billing cycles after Ultradesign Internet'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 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 Ultradesign Internet and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.