Hosting Service Level Agreement

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Service Level Agreement

JuYushi Technologies is committed to providing services to you at a standard of excellence commensurate with the best practice in the industry. The following service levels are designed to assure you of ultimate performance and maximal uptime. Each service level specifies the Service it is applicable to, the service level that applies, and how service credits are calculated for each service.

Servers Availability
The Company is fully committed to providing quality service to all customers. To support this commitment, the Company provides the following commitments and tools related to this Agreement.

a) Application (Web) Server Availability. The Company guarantees a 99.9% monthly average of scheduled availability of its Application (Web) Servers. Application (Web) Server availability is defined as Customer’s ability, via web browser, to retrieve the HTTP headers from a hosting server. The Company does not monitor availability of individual web sites but only monitors the server availability as a whole.

b) Mail Server Availability. The Company guarantees a 99.9% monthly average of scheduled availability of its mail servers. Mail server availability is defined as the client’s ability to send (SMTP) and retrieve (POP3) e-mail via the particular mail server. The Company does not monitor individual mail accounts, 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 that the first delivery attempt is failed, the mail server will continue to attempt to deliver messages to the addressee according to a predefined schedule. In the case that 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 the Company’s network’s ability to pass incoming and outgoing TCP/IP traffic. A server’s unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Customer’s portion of the network are beyond the Company’s control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Company’s control and are not included in uptime calculations.

Schedule Maintenance To guarantee optimal performance of the servers, the company will perform maintenance on the servers on a routine basis. Such maintenance often requires taking company servers off-line. Company 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. company provides customer with advance notice of maintenance whenever possible.

Hardware Failure
Our customers shall not receive any credits under this agreement in connection with any failure or deficiency of our provider’s network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e. fire, flood, earthquake, tornado, etc…), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
• Scheduled maintenance for hardware/software upgrades
• Backbone peering point issues (PAIX)
• Telco Failure (i.e. cutting a fiber line somewhere)
• DNS issues not within our direct control
• Client’s acts or omissions, including without limitation, any negligence, wilful misconduct, or use of our services in breach of our Policy and Service Guidelines (Acceptable Usage Policy), by Client or others authorized by Client.
• DDOs attacks or any IRC related attacks

Measurement
Our provider will periodically (on average every 10 minutes) monitor their network and server availability using software and hardware components capable of measuring application traffic and responses. Clients acknowledge that that such measurements may not measure the exact path traversed by a client’s internet connection, and that such measurements constitute measurements across our network but no other networks to which a client may connect. We reserve the right to periodically change the measurement points and methodologies it uses without notice to clients. Full network and server reporting will be posted to a location designated by us and made available to clients.

Server Storage Capacity
Each account is allotted storage capacity on the Company’s servers according to the plan or options selected by Customer. This storage size can be increased through the online control panel for an additional charge up to the maximum amount allowed for each plan or service, as described on the Company’s website. The servers may stop accepting, processing, or delivering data when the purchased limit is reached, thus causing server unavailability or data loss. The Company shall not be held responsible for such unavailability or data losses.

Ownership of Data
All data (a) created by Customer and/or (b) stored by Customer within Company’s applications and on the Company’s servers are Customer’s property and is for Customer’s exclusive use unless access to such data is permitted by Customer. The Company shall allow access to such data by authorized Company personnel and shall provide access in compliance with the Company’s Privacy Policy. The Company makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the Customer’s server space and applications on the Company’s servers.

Data Integrity
The Company employs sophisticated RAID techniques to ensure the integrity of the data on its servers, and the data is written to two disks simultaneously to prevent data loss in the event of hardware failure. The Company reserves the right to place accounts on non-RAID servers as necessary. Routine backups are performed for emergency recovery purposes only. THE COMPANY SHALL NOT RESTORE THE DATA UPON CUSTOMER’S 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, the Company will make efforts to restore lost or corrupted data from server backups. The Company shall not be responsible for lost data or site content. The Company recommends that Customer maintain a local copy of all data uploaded or stored on the Company servers.

Data Retention
THE COMPANY SHALL NOT RETAIN ANY OF CUSTOMER’S DATA AFTER ACCOUNT TERMINATION. ALL DATA IS DELETED (A) FROM THE SERVERS AT THE TIME THE ACCOUNT IS TERMINATED AND (B) FROM BACK-UPS DURING SCHEDULED BACK-UP ROTATION. THE COMPANY SHALL NOT RESTORE, “BURN” TO CD, OR SEND OUT ANY DATA PERTAINING TO TERMINATED ACCOUNTS.

Modification
We reserve the right to add, delete, or modify any provision of its Terms of Service Agreement, and Acceptable Usage Policy at any time without notice.

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