SLA Guarantees

Web Hosting

hosterlabs.net offers a 99.9% Uptime Guarantee. That means your web server is guaranteed operational 99.9% of the time in any calendar month. hosterlabs.net guarantee 99.9% service uptime allows for 45 minutes of unscheduled (HTTP) service outage per month as defined here. For each additional 45 minutes of downtime you will receive 10% credit or refund. Regardless of the number of outages, all refunds are limited to one month's hosting service fees and do not include excess usage fees or other nonstandard recurring charges. The amount of the credits are determined by the following table, based on the amount of server uptime for the month in which credits are requested.

99.7% - 99.8% Uptime = 10% Credit (3 days) 99.5% - 99.6% Uptime = 25% Credit (8 days) 99.3% - 99.4% Uptime = 50% Credit (15 days) 99.0% - 99.2% Uptime = 75% Credit (23 days) 0% - 98.9% Uptime = 100% Credit (1 Month)

hosterlabs.net will not be held responsible for Service Outages resulting from non-hosterlabs.net operated equipment including, but not limited to, Internet NAP failures, upstream network outages or congestion and backbone failures. Additionally, hosterlabs.net will not be held responsible for delays in the registration or transfer of a domain due to InterNIC-related issues, unscheduled outages, web site specific outrages and outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or "denial of service" attacks on customer web sites.

Hybrid services, colocation services or renting out rack space, cloud servers, services under bare metal environment such as dedicated servers and virtual private services does not qualify for any credit under this server uptime guarantee.

Refunds will be issued upon request by the customer and upon determination that a service outage, as defined by this guarantee, has occurred. To be eligible for a refund, the refund request must be made to the Billing Department at the end of the month for the current month (last day of the current month) or within the 1st week of the month for the previous month.

Virtual Servers

SLA Guarantee 99.95%

Less than 99.9%* but equal to or greater than 99.0% = 10% Credit Less than 99.0% but equal to or greater than 95.0% = 30% Credit Lesser than 95.0% = 100% Credit

"Monthly Availability Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which any class of Hosterlabs Service was Unavailable. Monthly Availability Percentage measurements exclude Unavailability resulting directly or indirectly from any Unavailability Exclusion (as defined below).

To request a Service Credit, You must file a support request within sixty (60) calendar days of the suspected incident via the Hosterlabs Control Panel. If the Monthly Availability Percentage of such request is confirmed by Hosterlabs and is less than the Monthly Availability Commitment, then Hosterlabs will issue the Service Credit to You within forty-five (45) calendar days in which your request is confirmed by Hosterlabs. Hosterlabs’s monitoring tools, data and records will be the sole source of information used to track and validate Availability. Service Credits will be issued to the person or entity that Hosterlabs invoices for the applicable instance of the Hosterlabs Service, as a separate credit memo that can be applied towards a future invoice for that Hosterlabs Service instance. If Your Service Term for the Hosterlabs Service expires or is terminated prior to the issuance of a Service Credit, the Service Credit will become void as of the date of the expiration or termination. You will not be eligible to receive a Service Credit if: (i) Your Account has any payments for the Hosterlabs Service that are delinquent, (ii) You are in violation of the Terms of Service during the time of the incident, or (iii) the incident was due to Your failure to meet Your security responsibilities as set forth in the Terms of Service. The Service Credits specified in this SLA are Your sole and exclusive remedies for any incident occurring during Your Service Term for the Hosterlabs Service or for any other claim in connection with this SLA. In no event will the amount of Service Credits issued for all incidents within a given month exceed 100% of the monthly invoiced amount for the Hosterlabs Services.

Exceptions

A class of Hosterlabs Services will be considered "Unavailable" or in state of "Unavailability" when a class of Hosterlabs Services has no external connectivity. The following (each an "Unavailability Exclusion") will be excluded from any time-based calculations related to a class of Hosterlabs Service being Unavailable: scheduled, recurring or zero impact maintenance windows; Unavailability due to Your misuse of a particular class of Hosterlabs Service; Unavailability that results from Your facilities, equipment, software or other technology and/or third party facilities, equipment, services, software or other technology (other than third party equipment within Hosterlabs’s direct control); Unavailability arising from Your use of an outdated release of the Hosterlabs Services or third party software, or any failure to install a material Update to either of the foregoing; Unavailability caused by third party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network or Internet problems beyond Hosterlabs’s border router supporting Hosterlabs’s public internet connectivity; Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround); and Force majeure events or any other event that are not within Hosterlabs’s direct control or that could not have been avoided with commercially reasonable care.