Service Level Agreement
The following Service Level Agreement (hereinafter referred
to as the "Agreement") is made between Cadco Systems
(hereinafter referred to as "CADCO") and the web hosting
customer and monthly subscriber (hereinafter referred to as
"Customer") and shall be effective as of January 1, 1989.
As used in this Agreement, "you" or "your" refer to you,
the Customer and "we", "our" or "us", CADCO. This agreement
shall only apply if you currently hold an account with
services from CADCO (the "Services") and your account is
current (i.e., not past due) with CADCO. CADCO and Customer
are referred to collectively as the "Parties". By
activating your hosting account you acknowledge that you
have read, understand, and agree to our terms including
this service level agreement.
General
As used herein, the term "Web Site Availability" means the
percentage of a particular month (based on 24-hour days for
the number of days in the subject month) that the content
of customer's Web site is available for access by third
parties via HTTP and/or HTTPS, as measured by CADCO. We
guarantee that our internal network connectivity, server
programs, and hardware will be up and working at least
99.9% or better in any given month. This means you should
not experience a downtime of more than 43 minutes in any
given month counted from the first day of every month. This
uptime guarantee excludes any scheduled maintenance work
that may, unfortunately, force the downtime for a period of
time until the maintenance work is done. We are proud to
offer you a service credit, defined below, for the month
that any downtime period that lasts beyond our uptime
guarantee of 99.9%.
Backups
Linux/Windows Shared Hosting Customers
CADCO shall do regular daily backups for our customer's
data into our backup servers. These backups are solely for
the purposes of CADCO server recovery. In the event we can
provide you with a recent backup, CADCO staff will restore
the information to a folder you specify on our servers.
Linux/Windows shared hosting customers are encouraged to
keep their own backups of the data on CADCO servers in the
event of the backup server failure. CADCO is not liable in
the event customer's data is lost, even in the event of a
hardware/power problem resulting in such data lost.
Dedicated Server Customers
Unless otherwise agreed, CADCO does not provide data backup
service to our dedicated server customers. Customer is
responsible for customer's own data backup and will not
hold CADCO liable in the event customer's data is lost,
even in the event of a hardware/power problem resulting in
such data lost.
Service Level
CADCO aims to achieve 100% uptime for all services offered
to our customers. Except under the conditions listed below,
see "Conditions".
Maintenance Procedures
CADCO will announce all scheduled maintenance at least 24
hours in advance to the customer. CADCO also reserved the
right to perform any necessary emergency maintenance to our
system to ensure the security of the system. All scheduled
maintenance will be announced to the news mailing list at
info@cadco.com and also to the user forums under
announcements.
Downtimes
All downtimes will be announced to the customer via the
news mailing list at news-subscribe@pdxtc.com and also
posted in the user forums under announcements. All downtime
reports will include a complete description of the cause of
the downtime, as well as a calculated total time the system
was down. This "Calculated Downtime" will be the basis for
calculating any necessary credits to the customer's
account. Downtime reports will be posted to the specified
places within 24 hours from the time the system was back
online.
Conditions
This agreement shall cover any and all services under the
direct control of CADCO. This includes, but is not limited
to, internal network connectivity, server programs, server
hardware, switches, and routers. This agreement shall NOT
cover any condition outside the control or unpreventable by
CADCO. These conditions including, without limitation, acts
of any governmental body, war, insurrection, sabotage,
armed conflict, embargo, fire, flood, strike or other labor
disturbance, interruption of or delay in transportation,
unavailability of or interruption or delay in
telecommunications of third party services, virus 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, customer's internet provider
availability, or power used in or equipment needed for
provision of this SLA; Failure of access circuits to the
CADCO network or its upstream providers, unless such
failure is caused solely by CADCO or CADCO's equipment;
Scheduled maintenance and emergency maintenance and
upgrades; DNS issues outside the direct control of CADCO;
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, ASP, etc), any negligence, willful misconduct,
or use of the Services in breach of CADCO's Terms of
Service and Acceptable Use Policy; E-mail or web mail
delivery and transmission; DNS (Domain Name Server)
Propagation; Any other outages elsewhere on the Internet
that hinder access to your account;
CADCO is also not responsible for browser or DNS caching
that may make your site appear inaccessible when others can
still access it. CADCO will guarantee only those areas
considered under the control of CADCO.
Credits
Any and all available credits as a result of downtime will
be credited only to the Customer's CADCO account and
refunded to the Customer's credit card or PayPal account.
Any customer choosing to leave CADCO service as a result of
a downtime, will forfeit all credit's and account balances
as they will no longer have a CADCO account.
To receive credit from a downtime, please contact us with the date/time of the
downtime as well as the websites and services
affected. Credits will only be issued on those
downtimes which have a valid downtime report, see
above, which has been posted to the proper locations.
Any Credit requests must be received within 7 days
from the time that the applicable downtime report was
posted by CADCO staff. All CADCO accounts are limited
to no more than one credit per calendar month.