Service Level Agreement

This NoDowntime.Domains Service Level Agreement ("SLA") is a policy which regulates the usage of NoDowntime.Domains's DNS failover service under the terms of the NoDowntime.Domains Terms of Service Agreement (the "NoDowntime.Domains Terms of Service Agreement" or "NoDowntime.Domains TOS") between NoDowntime Domains Corporation and users of the NoDowntime.Domains services ("you"). This SLA is applicable individually to every account using NoDowntime.Domains services and unless otherwise provided herein, this SLA is subject to the terms of the NoDowntime.Domains TOS. NoDowntime Domains Corporation reserves the right to change the terms in this SLA in keeping with the NoDowntime.Domains TOS at any time, if needed.

Definitions

▪ "100% Available" means that websites hosted by NoDowntime.Domains will be fully functional and available online in the browser for immediate use on demand by the visitors without human intervention.
▪ "100% Available" doesn't include cPanel and FTP/file uploads. Periodically, during server and network maintenances, other system updates, system reboots and any other issues; these services can not fall under 100% uptime guarantee because of technical limitations.
▪ A "Service Credit" is a credit amount calculated in USD so that we can credit back an eligible account.

Servers and Network Maintenance Policy

In order to operate in an efficient and secure manner, servers and network equipment require routine maintenances, comprehensive maintenances, emergency maintenances and upgrades. All NoDowntime.Domains' servers and network maintenances involve keeping websites 100% Available, so that visitors of a website do not see it offline on the browser.

100% Available Uptime Commitment

NoDowntime.Domains will use all commercially possible efforts to make NoDowntime.Domains failover web hosting service 100% Available. In the event that NoDowntime.Domains does not fulfill the foregoing service responsibility, you will be allowed to get a Service Credit as explained below.

Uptime measurement

NoDowntime.Domains will measure uptime by checking the response of the NoDowntime.Domains failover proxy server IP every one (1) minute. A third-party service (currently http://pingdom.com) will attempt to access the failover proxy server IP. If the service does not receive a successful HTTP response – that is, a HTTP response code of 2XX or 3XX – then that will count as one minute of downtime. The unavailability of NoDowntime.Domains will be calculated from the time that such unavailability is reported by you to NoDowntime.Domains.

NoDowntime.Domains SLA Exclusions

The 100% Available Service Obligation shall not apply to any unavailability, suspension or termination of NoDowntime.Domains service:

▪ Resulting from reasons outside of our reasonable control, inclusive of any major event (such as a war, riot, crime, or an event described by the legal term 'act of God' such as hurricane, flooding, earthquake, volcanic eruption on the planet Earth etc.), prevents one or both parties from fulfilling their obligations under the contract;
▪ Caused by our suspension and termination of your rights to use NoDowntime.Domains in accordance with the NoDowntime.Domains TOS;
▪ Caused by you exceeding usage limitations indicated on NoDowntime.Domains' website based on membership package level;
▪ Caused by your equipment, software or other technology and/or third party equipment or other technology (other than third party equipment within our direct control);
▪ Caused, during a time that you were not using all name servers available to you by NoDowntime.Domains assigned to your "hosted zone" with proper server name IPs;
▪ Caused by the use of HTTP Redirection ("HTTPRED"), malware redirection or similar;
▪ Caused by using your own server names incorrectly (for partners that are using our full rebranding solution and own server names);
▪ Connected with a wrongly loaded or not properly cleaned cache in the browser of visitors.

Service Credits

Service Credits are measured depending on 1000% of the time the NoDowntime.Domains Service was not 100% available in the billing cycle.

Example: If NoDowntime.Domains Service was not 100% available for 20 minutes, then you get from the NoDowntime.Domains Service Credits the amount of 200 minutes back in your next billing cycle. This is our 1000% uptime guarantee.

We will place all Service Credits against future NoDowntime.Domains service bills only. Service Credits will not entitle you to any refund or other payment from NoDowntime.Domains. A Service Credit will be applied and given as long as the credit sum for the appropriate billing cycle is higher than one dollar ($1 USD). Service Credits cannot be transferred or used on some other account. NoDowntime.Domains SLA defines that your only and exclusive method for any unavailability, non-performance or other failure by us to provide you with NoDowntime.Domains DNS failover service is the receipt of a Service Credit corresponding to the terms in this SLA.

Credit Request Method

To get a Service Credit, you need to send a claim by opening a ticket in the NoDowntime.Domains Customer Support area. To qualify, the credit request needs to be received by the end of the actual billing cycle in which the incident happened and must contain the details listed below:

1. The text "SLA Credit Request" must be included in the ticket subject line.
2. The dates and times of each incident that NoDowntime.Domains service was not 100% Available for which you are claiming
3. Your request of logs that document the errors and authenticate your claimed failure (any confidential or security sensitive information in these logs should be removed or replaced with asterisks). If the time period that NoDowntime.Domains DNS failover service was not 100% Available is verified and confirmed by us, then we will issue the Service Credit to you within the next billing cycle after your request is verified by us. Your failure to give the request along with other required information, will disqualify you from getting a Service Credit.

NoDowntime.Domains SLA Exclusions

The 100% Available Service Obligation shall not apply to any unavailability, suspension or termination of NoDowntime.Domains service:

▪ resulting from reasons outside of our reasonable control, inclusive of any major event (such as a war, riot, crime, or an event described by the legal term 'act of God' such as hurricane, flooding, earthquake, volcanic eruption on the planet Earth etc.), prevents one or both parties from fulfilling their obligations under the contract;
▪ caused by our suspension and termination of your rights to use NoDowntime.Domains in accordance with the NoDowntime.Domains TOS;
▪ that are caused by you exceeding usage limitations indicated on NoDowntime.Domains' website based on membership package level;
▪ that are caused by your equipment, software or other technology and/or third party equipment or other technology (other than third party equipment within our direct control);
▪ that are caused, during a time that you were not using all name servers available to you by NoDowntime.Domains assigned to your "hosted zone" with proper server name IPs;
▪ that are caused by the use of HTTP Redirection ("HTTPRED"), malware redirection or similar;
▪ caused by using your own server names incorrectly (for partners that are using our full rebranding solution and own server names);
▪ connected with a wrongly loaded or not properly cleaned cache in the browser of visitors.

If availability is determined by reasons aside from those present in our measurement of 100% Available, then we may issue a Service Credit taking into account these kinds of reasons at our own discretion. NoDowntime.Domains reserves the right to properly investigate all SLA Credit claims before rewarding any credit corresponding to this SLA Agreement.