1. By submitting the online order form below, or by using Posiblehost service, Customer hereby agrees to the following Service Level Agreement (SLA).Customer agrees that it shall comply with, and require its clients to comply with, this SLA.
Unless otherwise specified in this SLA, the usage of “us”, “we”, “our”, and “ours” shall refer to Posiblehost host, a Texas business, and all its parents, subsidiaries, successors, and assigns. The usage of “Customer,” “you”, “your”, “they”, and “them” shall refer to the Customer of Posiblehost . Moreover, in this SLA, “Posiblehost ” shall refer to Posiblehost, and all its parents, subsidiaries, successors, and assigns.
2. “SLA Network Violation Credit” occurs when our network uptime guarantee is not met.
As stated in paragraph 1.1 above, Posiblehost guarantees 99.8% uptime for shared hosting, reseller hosting, and Master Resellers hosting.
Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a credit, you must e-mail us at: cp[@]posiblehost.com within seven (7) days after the last day of the calendar month in which the downtime occurred. (For example, if the downtime occurs during the month of December, we must receive your e-mail between January 1 and January 7.
E-mail notifications that are not sent within the first seven (7) days of the month immediately following the downtime will not be eligible for credits.
The amount of the credits are determined by the following table, based on the amount of Network Uptime the Posiblehost network has provided for the month in which a credit is requested.
Network Uptime for the Month
Percentage of Monthly Hosting Fee Credited Upon Proper Request
- 99.8 - 100% 0% credit
- 98.7 - 97.8% 5% credit
- 96.5 - 95.6% 10% credit
- 94.3 - 93.4% 25% credit
- 92.0 - 91.2% 50% credit
- 90.9% and below 75% credit
Posiblehost will review claims of SLA violations during normal business hours of the first through seventh day of the month, and will apply any applicable credit to Customer’s account within two billing cycles after we receives Customer’s credit request.
3. Performance Credit Exclusions.
Notwithstanding any contrary provision in this SLA, Posiblehost shall not be liable to reimburse in any form for failure to meet any of the guaranteed service level where such failure arises from any one or more of the following:
3.1. Scheduled downtime, maintenance, or upgrades, including without limitations the following:
Maintenance by local public telecommunications and telegraph service providers on access circuits between Posiblehost and the clients’ Web sites; Software maintenance made globally on our network.
3.2. Emergency maintenance or upgrades, where such maintenance or upgrades are required by the occurrence of any events outside of Posiblehost control;
3.3. Failure of access circuits to our Network, unless such failure is caused solely by Posiblehost ;
3.4. Erroneous SLA outages reported as a result of outages or errors of any Posiblehost measurement system;
3.5. Problems outside of our network (upstream providers, or client’s inbound connection) not effecting 100% packet loss to our network, and interruptions or failures of individual service caused by Customer, Customer’s agents or employees, Customer’s clients, or other third parties, to Customer’s service.
These interruptions and failures include, but are not limited to, the following:
- inaccurate configuration,
- third-party software,
- Customer’s abuse or over-utilization of resources,
- acts or omissions of any person for whom we are not responsible, or
- any causes whether similar or otherwise outside Posiblehost's control;
3.6. Circumstances beyond Posiblehost are reasonable control and force major events including but not limited to the following:
catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spy ware, ad ware or other mal ware, 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;
3.7. Services or communications protocols other than hypertext transfer protocol (HTTP).
3.8. DNS (Domain Name System) issues outside the direct control of Posiblehost;
3.9. DNS propagation;
3.10. 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, PHP, etc., any negligence, willful misconduct, or use of our services in breach of Posiblehost Terms of Service, Acceptable Use Policy, or No-Spam Policy;
3.11. Faults caused by the client’s equipment, applications, interconnected equipment, networks, systems or gateways and / or the acts or omissions of the Customer, third-party components whether within or outside Posiblehost network or the acts or omissions of local exchange carriers or failure of third party services;
3.12. Outages elsewhere on the Internet that hinder access to your account or services. We are not responsible for browser or DNS caching that may make your Web site appear inaccessible when others can still access it. We will guarantee only those areas considered under the control of Posiblehost; or
3.13. Disconnection and / or reconnection of the services due to non-payment of any charges payable to Posiblehost or where the services are disconnected by reason of it being used for any illegal, unlawful, or other objectionable purpose described in the TOS, AUP, or No-Spam Policy.
3.14 Customer moving from the server where downtime occurred to another one of our server in the same calendar month.
4. Nature of Credits; Sole Remedy.
4.1. Notwithstanding anything to the contrary in this SLA, the total amount credited to the Customer in a particular month under this SLA shall not exceed the total hosting fee paid by the Customer for such month for the affected service.
4.2. Credits are exclusive of any applicable taxes charged to the Customer or collected by Posiblehost and are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in service or in the availability of the Customer’s Web sites.
5. General Terms.
5.1. You and Posiblehost staff agree that only measurements carried out by Posiblehost personnel shall be used for the calculation of unavailable time and Posiblehost records shall be conclusive evidence of that unavailable time. The client’s sole remedy in relation to a breach of this SLA shall be limited to the service credits provided accordingly in this SLA.
5.2. This SLA shall not apply during any trial or free period of the services, and this SLA does not come into effect until after the end of the first month of the applicable services has been provided. The SLA shall apply during the normal initial period during which the Customer is available for Posiblehost 30-days money-back guarantee, as provided in the TOS, as amended from time to time; provided, however, that Customer’s right to a 30-days money-back guarantee shall expire, according to its terms, if the Customer continues service beyond the first thirty (30) days.
5.3. This SLA does not relieve the Customer from the obligation to pay the Customer’s balance in full when it is due. SLA credits are always applied within two billing cycles after the month in which the downtime eligible for SLA credit occurs.
5.4. This SLA is subject to Posiblehost Terms of Service (TOS), as it may be modified from time to time. In the event of any conflict between any term or condition of this SLA and the TOS, the TOS shall govern and the conflicting portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties to this SLA, and the remainder of the SLA’s provisions shall remain in full force and effect.
PosibleHost reserves the right to modify the present serice terms at any time without any prior notice to you. It is your responsibility to check website for any changes and modifications to the present service level agreement.
Last modified: 10/15/2017.