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Reseller Hosting Agreement

Service Level Agreement


1.       SERVICE UPTIME. BlueGenesis’s target uptime for the Service is 99.9% of the time in every calendar month and BLUEGENESIS provides you with a 99.7% Critical Services Uptime Guarantee as defined below. If BLUEGENESIS fails to meet the 99.7% Critical Services Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if: (a) you apply for the credit within sixty (60) days of the last day of the month in which the 99.7% Critical Services Uptime Guarantee was not met, and (b) more than 20% of BLUEGENESIS customers are affected. Such credits may be deducted from amounts otherwise payable by you to BLUEGENESIS hereunder. In the event there is a dispute regarding credits, BLUEGENESIS reserves the right to make the final decision about whether credits will be provided to you. If the availability for any three (3) month period is less than 98.00%, you will have the right to terminate your Services Agreement with BLUEGENESIS.

a.       “99.7% Critical Services Uptime Guarantee” means that BLUEGENESIS guarantees that Down Time with respect to the Critical Services shall not exceed 0.3% of the time during a rolling two (2) month period (computed by reference to a 31 day month).

b.       “Critical Services” means the email services, web hosting services, DNS services, and the BLUEGENESIS network to the extent that such services do not include Closed Source Applications, as defined in Section 4.

c.       “Down Time” means periods of time that the Critical Services are not functional and available to BLUEGENESIS customers and does not include any period of time during which services are not functional or available as a result of:

                                                         i.            maintenance, scheduled or otherwise, performed by BLUEGENESIS;

                                                       ii.            third party intrusions, including without limitation denial of service or similar attacks;

                                                      iii.            downtime resulting from misuse by End-Users (as defined in the Terms of Use)

                                                     iv.            errors or non-performance of third-party software, including without limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant; or

                                                       v.            any event that is not within BLUEGENESIS’ control.

 

Credit Table

 

 

Availability

% Monthly Service Credit

 

 

99.40 - 99.70

10%

 

 

99.00 - 99.40

20%

 

 

98.00 - 99.00

30%

 

 

97.00 - 98.00

40%

 

 

96.00 - 97.00

50%

 

 

95.00 - 96.00

60%

 

2.       WEB HOSTING. BLUEGENESIS will use commercially reasonable efforts to ensure that your web site is available online, twenty-four (24) hours following receipt of payment from you for services.

3.       MAINTENANCE SERVICES. BLUEGENESIS will provide system maintenance as long as this SLA has not been terminated or amended. Maintenance is performed at times which least impact BLUEGENESIS’ customers based on minimal overall activity on the BLUEGENESIS systems. Notwithstanding the foregoing, BLUEGENESIS reserves the right, in its reasonable discretion, to perform any emergency work at any time.

4.       CLOSED SOURCE PLATFORM APPLICATIONS. ColdFusion, ColdFusion MX, ASP, ASP.NET, JSP, and Miva Merchant applications are hosted on a closed source platform (“Closed Source Applications”).

5.       PRIVATE LABEL DNS. Private label DNS (domain name servers) require 3 DNS entries, the third of which is BLUEGENESIS' generic DNS.

6.       ACCESS DATABASES. Microsoft Access databases are not designed for, nor recommended for use on web sites which receive high volumes of Internet traffic. BLUEGENESIS does not guarantee the performance of web sites which make use of Microsoft Access databases.

7.       EASYMAIL/MAILING LISTS

a.       EasyMail E-Mail Accounts are restricted to a maximum size of 50MB. If you exceed this limit we may suspend or terminate your account and your email messages may be lost.

b.       EasyMail E-Mail Accounts’ e-mail transfer limit is a maximum of 20MB for each separate request by the mail server.

 

 
 
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