HOSTING SERVICE LEVEL AGREEMENT
THIS AGREEMENT DESCRIBES SERVICE LEVEL GUARANTEES PROVIDED TO YOU BY ASYLUM ENTERTAINMENT LLC. FOR THE REMAINDER OF THIS AGREEMENT ASYLUM ENTERTAINMENT LLC. MAY BE REFERRED TO AS "ASYLUM ENTERTAINMENT", "THE HOST", OR "ASYLUM-ET" AND THE CUSTOMER SHALL BE REFERRED TO AS "YOU"
1. Technical Support.
Asylum Entertainment provides You with technical support during setup of your account on the Asylum Entertainment server, access, and other server related issues to the primary technical contact free of charge. Unless specified in another contract, Asylum Entertainment does not provide support for web applications, third party software, scripts, or components from third parties or developed by You. Asylum Entertainment's servers are monitored 24 hours a day, 7 days a week, 365 days a year and support agents are available by email or our ticket system as posted in the support section of the Asylum Entertainment site. Please send us a message with the full description of the problem and your account username. Please do not send multiple messages on the same issue. Email issues must be addressed to the appropriate email account specified in the support section of Asylum Entertainment site. Email containing support issues sent to other departments such as billing or sales may not be answered.
2. Billing and other account related inquiries.
All inquiries regarding Asylum Entertainment billing for its services should be sent to the address specified in the members section of Asylum Entertainment site.
All inquiries regarding reselling Asylum Entertainment's services, purchasing of new accounts and available discounts should be addressed to the address specified in the members section of Asylum Entertainment site.
3. Escalation.
If You are dissatisfied with Asylum Entertainment's Hosting Service or if you are unable to resolve a technical support issue within the parameters outlined in this Service Level Agreement please contact Asylum Entertainment's Hosting Product Manager at the address specified in the members section of Asylum Entertainment site regarding your concerns. The Hosting Product Manager will review your concerns, investigate, and respond to You within one business day. As issues may be complex or require extensive investigation, this one business day response time does not imply that a resolution is guaranteed within one business day.
4. *CPANEL* Control Panel and server management.
Asylum Entertainment account holders are provided with Asylum Entertainment's on-line account and server management tool - *CPANEL*. This tool is designed to give You complete control over Your account and server services purchased from Asylum Entertainment. Asylum Entertainment expects You to use the *CPANEL* Control Panel to perform all routine account and server management tasks. The *CPANEL* Control Panel, server management documentation, and help is available on-line at the Asylum Entertainment's Support Site, as well as within the *CPANEL* Control Panel itself. If you experience difficulty using the *CPANEL* Control Panel, Asylum Entertainment's Technical Support personnel may help You learn to use this tool. However, Asylum Entertainment's Technical Support shall not be expected to perform for You the tasks that can be done through the *CPANEL* Control Panel without possible additional service charges.
5. Servers Availability.
Asylum Entertainment is fully committed to providing quality service to all customers. To support this commitment, Asylum Entertainment observes the following schedule of penalties for its failure to comply with this Service Level Agreement.
APPLICATION (WEB) SERVER AVAILABILITY
Asylum Entertainment guarantees 99.5% monthly average scheduled availability of its Application (Web)Servers.
Application (Web) Server availability is defined as the ability, via web browser, to retrieve the HTTP headers from a hosting server. Asylum Entertainment does not monitor availability of individual web sites but only monitors the server availability as a whole. This does not include downtime caused by 3rd party applications that you may be running from your account nor does it cover inability to access your account due to loss of your internet connection, trojans or any other form of virus that may be on your computer. Application (Web) Server unavailability caused by denial of service attacks, and other flooding techniques is not included in uptime calculations.
MAIL SERVER AVAILABILITY
Asylum Entertainment guarantees 99.5% monthly average scheduled availability of its Mail Servers. Mail Server availability is defined as client's ability to send (SMTP) and retrieve (POP3) e-mail via the particular mail server. Asylum Entertainment does not monitor individual mail sites but only monitors the server as a whole. Mail server unavailability caused by denial of service attacks, mail bombing, and other flooding techniques is not included in uptime calculations.
Mail delivery protocol (SMTP) is a "store-and-forward" type of protocol that does not guarantee immediate delivery of e-mail messages. In the case the first delivery attempt is failed mail server re-attempt to deliver messages to the addressee according to a predefined schedule. In the case the messages cannot be delivered for a period of time exceeding 48 to 72 hours, the messages are returned to the sender.
NETWORK AVAILABILITY
Network availability is defined as Asylum Entertainment network's ability to pass incoming and outgoing TCP/IP traffic. Server unavailability caused by network unavailability is not included in server uptime if such network unavailability is caused by factors beyond the Asylum Entertainment's control. Interruptions of service due to problems on the backbone or on the customer's portion of the network are beyond the Asylum Entertainment's control. Interruptions of service caused by denial of service or similar attacks are beyond the Asylum Entertainment's control and are not included in uptime calculations.
SCHEDULED MAINTENANCE
To guarantee optimal performance of the servers, Asylum Entertainment will perform routine maintenance on the servers on a regular basis. Such maintenance often requires taking Asylum Entertainment servers off-line. Asylum Entertainment reserves two hours of server unavailability per month for maintenance purposes. This server unavailability is not included in server uptime calculations. The maintenance typically is performed during off-peak hours. Asylum Entertainment provides You with advance notice of maintenance whenever possible.
PENALTY FOR NON-COMPLIANCE - APPLICATION SERVER AVAILABILITY
Upon your notice to Asylum Entertainment, if availability of any server for the month is below the guaranteed level, Asylum Entertainment will refund to You according to the schedule below a portion of the monthly fees charged for the month during which such loss of server availability occurred.
Server availability 99.0% - 99.5% 5% of monthly fee credited
Server availability 98.0% - 98.9% 10% of monthly fee credited
Server availability 95.0% - 97.9% 15% of monthly fee credited
Server availability 90.0% - 94.9% 25% of monthly fee credited
Server availability 89.9% or below 2.5% credited for every 1% of lost availability
To receive the refund You must specifically request it during the month following the month for which the refund is requested. You must provide all dates and times of server unavailability along with your account username. This information must be submitted to Asylum Entertainment. Asylum Entertainment will compare information provided by You to the server availability monitoring data that Asylum Entertainment maintains. A refund is issued if the unavailability warranting the refund is confirmed.
Maximum Total Penalty
The total refund to You for any account may not exceed 50% of the monthly fees charged to that account during the month for which the refund is to be issued.
6. Server Storage Capacity.
Each account is allotted storage capacity on Asylum Entertainment servers according to the plan or options selected by You. This storage size can be increased through on-line control panel for an additional charge up to the maximum amount allowed for each plan or service. The servers may stop accepting, processing, or delivering data when the purchased limit is reached thus causing server unavailability or data loss. Asylum Entertainment shall not be held responsible for such unavailability or data losses.
7. Ownership of Data.
All data created by You and/or stored by You within Asylum Entertainment's applications and servers are your property and is for your exclusive use unless access is permitted by You. Asylum Entertainment shall allow access to such data by authorized Asylum Entertainment personnel and shall provide access in compliance with Asylum Entertainment's Privacy Policy. Asylum Entertainment makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the account holder's server space and applications on Asylum Entertainment's servers.
8. Data Integrity.
Asylum Entertainment employs sophisticated RAID techniques to ensure the integrity of the data on its servers; the data is written to multiple disks simultaneously to prevent data loss in the event of hardware failure. Asylum Entertainment reserves the right to place accounts on non-raid servers as necessary. Routine backups are performed for emergency recovery purposes only. Asylum Entertainment SHALL NOT RESTORE THE DATA UPON YOUR REQUEST. Web server raw log files are not included in the backups and cannot be recovered during server restoration.
In the event of data corruption, hardware failure or other data loss, Asylum Entertainment will make efforts to restore lost or corrupted data from server backups. Asylum Entertainment shall not be responsible for lost data or site content. Asylum Entertainment recommends that You maintain a local copy of all data uploaded or stored on Asylum Entertainment servers.
9. Data Retention.
ASYLUM ENTERTAINMENT SHALL NOT RETAIN ANY OF YOUR DATA AFTER ACCOUNT TERMINATION. ALL DATA IS DELETED FROM THE SERVERS AT THE TIME THE ACCOUNT IS TERMINATED AND FROM BACK-UPS DURING SCHEDULED BACK-UP ROTATION. ASYLUM ENTERTAINMENT SHALL NOT RESTORE, "BURN" TO CD, OR SEND OUT ANY DATA PERTAINING TO EXISTING OR TERMINATED ACCOUNTS UNLESS OTHERWISE AGREED AND PURCHASED DIRECTLY FROM ASYLUM ENTERTAINMENT UNDER NO CIRCOMSTANCE SHALL ASYLUM ENTERTAINMENT BE LIABLE FOR THE INTEGRITY OF BACKUP DATA. ASYLUM ENTERTAINMENT SHALL NOT BE FORCED TO SUBMIT BACKUPS AGAINST THEIR WILL.
10. Customer Responsibilities.
To access Asylum Entertainment services customers must provide at the very minimum:
an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
a fully functional Internet browser;
a fully functional POP/SMTP e-mail program (client);
tools to develop and publish content as customer deems necessary;
tools to access database servers if such services are purchased by the customer.
11. Privacy Statement.
Asylum Entertainment values the privacy of its customers. Please refer to Asylum Entertainment's Privacy Policy for further information.
