SLA and Legal

3EX HOSTING‘s goal is to achieve 100% Availability for all customers.

Service Guarantee

Subject to exceptions below, if the Web Site Availability of customer’s Web site is less than 99.7%, 3EX HOSTING 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

• 99.7 to 100% 0%
• 98% to 99.6% 10%
• 95% to 97.9% 25%
• 90% to 94.9% 50%
• 89.9% or below 100%

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:

• Circumstances beyond 3EX HOSTING ‘s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus or denial of service attacks or hackers, failure of third party software (including, without limitation, ecommerce 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.
• Failure of access circuits to the 3EX HOSTING network, unless such failure is caused solely by 3EX HOSTING.
  Scheduled maintenance and emergency maintenance and upgrades.
• DNS issues outside the direct control of 3EX HOSTING.
• Issues with FTP, POP, or SMTP customer access.
• False SLA breaches reported as a result of outages or errors of any 3EX HOSTING measurement system.
• 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, mySql, PostgreSQL, Java, etc.), any negligence, willful misconduct, or use of the Services in violation of 3EX HOSTING‘s Terms and Conditions and Ac¬ceptable Use Policy.
• E-mail or webmail delivery and transmission.
• DNS (Domain Name Server) Propagation.
• Outages elsewhere on the Internet that hinder access to your account.

3EX HOSTING is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.

3EX HOSTING will guarantee only those areas considered under the control of 3EX HOSTING: 3EX HOSTING server links to the Internet, 3EX HOSTING‘s routers, and 3EX HOSTING‘s servers.

All Guarantees are Subject to 3EX Hosting’s Terms of Service