This Mega Hosters Inc. Service Level Agreement (“SLA”) applies to all dedicated servers and shared (virtual hosting) clients. Client agrees that Mega Hosters Inc. internal measurements establish the eligibility for any applicable Performance Credit. In the event that Client determines that a discrepancy in such measurement exists, Client shall promptly notify Mega Hosters Inc. and Mega Hosters Inc. and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits.

This SLA may be amended at any time by Mega Hosters Inc. Updated copies of the SLA will be located at http://www.megahosters.com/sla.php

1. Definitions

1.1. Full Managed Services (“Full Managed Services”) is defined as security audits, application and software updates, user management, and software installs on the dedicated servers to be performed by Mega Hosters Inc. for the client. Mega Hosters Inc. will maintain the server and provide monthly System Administration to the server. Special requests for Administration on the server will be completed within 24 hours of request and be made by the client or authorized agent working for the client. All services performed on the dedicated server are subject to $50.00 an hour labor fee.

1.1.1 Managed Services (“Managed Services”) is defined as a monthly system overview by a System Administrator on dedicated servers. Mega Hosters Inc. will perform a set of performed checks, audits, and reports on the server and provide monthly e-mail regarding your server. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, application patches, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable. Mega Hosters Inc. agrees to provide Client with notification during monthly report on what items are "free of charge" and what items are "billable". To participate in Managed Services Client agrees to maintain an updated username and password with FULL rights to the server.

1.1.2 Unmanaged Services (“Unmanaged Services”) is defined as servers that are rented to Clients. Mega Hosters Inc. performs no maintenance, security checks, and user management for the client. Mega Hosters Inc. will perform system administration on a per incident basis. All services performed on the server come without warranty or guarantee. All service performed on the dedicated server are subject to an $50.00 an hour labor fee.

1.2. Mega Hosters Inc. Network (“Mega Hosters Inc. Network”) is defined as the equipment, software and facilities within Mega Hosters Inc. network segment, including Mega Hosters Inc. contracted ISP service to which Mega Hosters Inc. network segment is connected, collectively used by Mega Hosters Inc. to provide the service.

1.3. Service Availability (“Service Availability”) is the total time in a calendar month that the Mega Hosters Inc. is available through the Internet, provided that Client has established connectivity. Mega Hosters Inc. takes responsibility for the Service Availability within their network, and cannot be held liable for upstream problems. The Mega Hosters Inc. Network will be available to clients free of Network Outages for 99.9% of the time. This calculates out to be aprox 44 minutes and 38 seconds of downtime in any given month. We of course try to avoid this but that is how much downtime 99.9% allows for in a month.

1.4. Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which Client is unable to access the services as described in section 1.3 above that is determined to have been caused by a problem in Mega Hosters Inc. Network as confirmed by Mega Hosters Inc.. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability in a calendar month. Mega Hosters Inc. provides direct support and expertise in the software it provides, any unplanned outages due to software failure are the direct responsibility of the software publisher and not of Mega Hosters Inc..

1.5. Scheduled Service Downtime (“Scheduled Service Downtime”) is any Mega Hosters Inc. interruption of Managed Services. Scheduled Service Downtime occurs during Mega Hosters Inc. standard server maintenance window, which occurs with a 24 hour notice to the Client via e-mail.

1.6. Performance Credit (“Performance Credit”) occurs when 99.9% uptime is not met. Mega Hosters Inc. will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

1.7 Monitoring Service (“Monitoring Service”) is the service Mega Hosters Inc. provides and monitors TCP/IP based ports and applications through its internal monitoring service. To participate in this, Mega Hosters Inc. must have valid system administrator access to repair the server in the event of a service/daemon failure.

1.8 Billable System Administration (" Billable System Administration") is operation, configuration, performance tuning, security configurations, and any interaction with the Operating System or software installed on the server. Support provided to the client that requires Mega Hosters Inc. to login to the server can be considered Billable System Administration. Fees for this service are billed out at a $50.00 per hour.

2. Service Downtime Performance Credit.

2.1. In the event of Service Downtime in which monthly Service Availability is less than 99.9%, Client will receive a Performance Credit as described in section 1.6 of this document.

3. Service Exclusions.

3.1. This SLA does not cover Service Downtime caused by problems in the following:

3,1.1. Client’s local area network.
3.1.2. Client-provided Internet connectivity or end-user software.
3.1.3. Anything inside Client’s internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.

4. Service Downtime Exclusions.

4.1. The following are excluded from the monthly calculation of Service Availability:

4.1.1. Any utilized Scheduled Service Downtime.
4.1.2. Any problems outside Mega Hosters Inc. Network. This includes any Router/Switching/IP Transit/3rd Party DNS issues that fall outside of our IP Ranges. We can not be responsible for uptime outside of our equipment.
4.1.3. Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:
4.1.3.1. Inaccurate configuration.
4.1.3.2. Non-compliant use of any software installed on the server.
4.1.3.3. Client initiated server over-utilization.
4.1.3.4. Any problems related to the attacks on the machine such as hacking, attacks, and exploits.
4.1.3.5. Any act of god or natural disaster.

5. Billable System Administration which is defined in section 1.8 includes the following.

5.0.1 System Administration of the clients server.
5.0.2 Software installations performed by Mega Hosters Inc.
5.0.3 Virus and Security Scans of the server.
5.0.4 Configuration of the Operating System, web Server, and custom software installed on the server.
5.0.5 Security Audit and reports of the server.
5.0.6 Patches, Upgrades, and Service Pack installations.

6. Server Hardware for Full Managed, Managed, and Unmanaged Servers.

6.0.1 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.
6.0.2 Hardware replacement will occur within 24 hours of the reported problem, Mega Hosters Inc. will refund 25% of the monthly fee per additional 24 hours of down time (up to 100% of customer's monthly fee).
6.0.3 Restoration is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, Mega Hosters Inc. will restore the system to original state.
6.0.4 Mega Hosters Inc. is not responsible for the restoration of data to server. If hardware failure occurs and data loss occurs, client is ultimately responsible for data restoration. Mega Hosters Inc. shall not be liable for loss of data under any circumstance.
6.0.5 Mega Hosters Inc. does not take responsibility for the overall security of servers. If servers are compromised in any way, Mega Hosters Inc. reserves the right to audit the server. Servers receive monthly security audits as part of the overall Personal System Administrator's program but security is the responsibility of the client. Mega Hosters Inc. reserves the right to cancel service if servers are compromised for the use of unsecured passwords or blatant disregard to simple security measures. A fee of $50.00 per hour will take place for any security related work done due to the server being comprimised.

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